No HMSP Documentation in Possession

Certain hazardous materials transporters are subject to the requirement in Part 385 Subpart E of 49 CFR to hold a Hazardous Materials Safety Permit. These carriers are transporting commodities deemed by Congress to pose risks to public safety that exceed those posed by other hazardous materials. There are requirements for motor carriers subject to the HMSP to maintain, during transportation of hazardous materials subject to the permit, a copy of the permit or a document showing the motor carrier's permit number, a written route plan, and a telephone number of an employee able to verify the routing (see: 385.415(a)(1) - (3). Because Congress has mandated that only carriers capable of attaining a HMSP can transport these commodities due to the risks associated with their transport, FMCSA believes that no carrier should be able to continue in transportation while transporting hazardous materials subject to the HMSP without proof (physical documentation) in the posssession of the commercial motor vehicle operator. In order to obtain a HMSP, motor carriers must meet stringent standards established by FMCSA. Due to the stringent requirements for the permit, there are only 1,460 active HMSP motor carriers in FMCSA's database.

The inclusion of the HMSP in the North American Standard Out-of-Service Criteria (OOSC) is at a high level of importance to FMCSA. Discussion on this issue at the next meeting of the CVSA Hazardous Materials Committee is requested.

It is therefore requested that section 385.415 (a)(1) - (3) be added to Part IV Administrative section of the OOSC at the earliest possible date. The recommended cite would be: No HMSP documentation in possession.