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Subject: Re: [DCHAS-L] Motor Carrier Act
Date: Tuesday, February 20, 2018 at 11:16:08 AM
Author: Edward Movitz <movitz**At_Symbol_Here**OLEMISS.EDU> 		Next by Date:
Subject: Re: [DCHAS-L] Motor Carrier Act
Date: Tue, 20 Feb 2018 17:06:58 +0000
Author: "Battles, Paul"

From: Edward Movitz <movitz**At_Symbol_Here**OLEMISS.EDU>
Subject: [DCHAS-L] Motor Carrier Act
Date: Tue, 20 Feb 2018 16:37:58 +0000
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**PRINCETON.EDU>
Message-ID: BN6PR18MB140981E544EE1B1D7B66591BD1CF0**At_Symbol_Here**BN6PR18MB1409.namprd18.prod.outlook.com


Really quick rundown....

49 U.S. Code =A7 13501 - General jurisdiction:

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier

49 U.S. Code =A7 13102 - Definitions:
Motor private carrier.=97The term "motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when=97
(A) the transportation is as provided in section 13501 of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.

Any person who transports hazardous material in commerce or causes hazardous material to be transported in commerce is subject to Federal hazardous material transportation laws.

A "person" includes: "a government, indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise.

So, if you are a government agency (State University), moving government materials for a governmental purpose, from one governmental location to another governmental location - the transportation is not in commerce and is not subject to 49 U.S. Code =A7 13501 or 49CFR 171

If you ship hazardous materials using a service (fedex, ups, etc) you are subject to all of the regulations - just like anyone else.

Hope this helps.
Ed


 

Edward M. Movitz

Research & Environmental Compliance Officer / FSO

The University of Mississippi 

Laboratory Services

100 Health and Safety Building

P.O. Box 1848

University, MS 38677-1848

U.S.A.

O:+1-662-915-5433 | F: 662-915-5480

movitz**At_Symbol_Here**olemiss.edu |  www.olemiss.edu |  Laboratory Services Web Site

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