OOSC, Part III, Item 2. Placarding, (b) Remove the Note
| Entry Date | March 3, 2016 |
|---|---|
| Issue Number | 16-010-HAZ |
| Name | Thomas Wright |
| Agency | Idaho State Police |
| Address | 5205 So. 5th. St.Pocatello, ID, 83204United StatesMap It (opens in a new tab) |
| Phone | 208-236-6383 |
| Fax | (208) 236-6068 |
| [email protected] | |
| Committee | Hazardous Materials Committee |
| Status | Closed |
| Summary of Issue | I am trying to figure out why the OOS has a note in the HM section that in order to place a vehicle OOS for a placarding violation HM/DG must be present - Clearly it is not only a violation of the law, but it could cause a delay in the proper response and cost the life/lives of a person(s) in case of a transportation incident. Under 49CFR 171.1 it states ---Federal hazardous material transportation law also applies to anyone who indicates by marking or other means that a hazardous material being transported in commerce is present in a package or transport conveyance when it is not---- It used to be taught that in order for HM regulations to apply the carrier had to fall into the HM Regs. Under current regs that is no longer the case per 171.1 as I read it. |
| Justification or Need | I made a traffic stop on Interstate 15 in Idaho on a vehicle that had the 4 Poison Gas placards (2.3) displayed on the vehicle. In performing what I thought was a HM inspection it turned out that the vehicle was not carrying any HM at all. What the driver was doing was transporting tires and he did not want anyone to steal the tires so he thought that if he placarded the vehicle for Poison Gas that would deter thefts of tires or anything else from his vehicle. I also stopped a vehicle on I-15, that was loaded with potatoes that was displaying Flammable liquid (class 3) placards but had no class 3 product on board. In each of these cases there was no HM on board the vehicles however if either vehicle had been involved in a significant crash and I or another responder was to arrive on scene, we most probably would have shut down the interstate for some time due to the display of the placards. If someone had been significantly injured in the crash they may have died due to the delay of response because of the display of placards. The interruption of interstate traffic and commerce would have been significantly impacted as well. e. |
| Request for Action | The OOS needs to be changed to eliminate the note that HM must be carried in order for the OOS to apply |