DOT tank transportation laws

[Walter]

Two problems:

1) It violates the Constitution.

To be fair to northen diver, we haven't actually followed the Consitution in 146 years.

 

[Rick Murchison]

K vavles will have to be removed then or there is an assumed gas in the cylinder

I did not see that in the regs. I did see 40 psi.
Rick

 

[northen diver]

This is a interpration letter regarding compressed gas tank:


September 14, 1998 09/14/98 - 173.34

Ref. No. 98-0120

Mr. Jean S. Konowalczyk
Amerigas Partners, L.P.
P.O. Box 965
Valley Forge, PA 19482

Dear Mr. Konowalczyk:
This is in response to your letter dated June 2, 1998, regarding clarification as to whether DOT 4BA240 and 4BW240 cylinders utilized by non-commercial customers for personal use must be periodically requalified as prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Your questions are paraphrased and answered as follows:
Q1.Must DOT 4BA240 and 4BW240 cylinders utilized by non-commercial customers for personal use (e.g., 20 pound cylinders used for propane gas grills) be periodically requalified or retested as specified in 49 CFR 173.34? Will the October 1, 1998 delayed compliance date for Docket HM-200 have any effect on this interpretation?
A1.The HMR govern the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. "In commerce" excludes from regulation the transportation of hazardous materials in a private vehicle where the material is for personal use. Thus, a cylinder utilized by a non-commercial customer for personal use is not governed by the HMR.
A final rule [Docket HM-200; 62 FR 1208; effective date 10/1/98], published in the Federal Register on January 8, 1997, expanded the scope of the HMR to intrastate transportation. The rule had no impact on provisions of the HMR as to their applicability to non-commercial entities.
Q2.Is a commercial enterprise prohibited from transporting a cylinder left by a customer with propane in it if the cylinder is in need of requalification? If the cylinder is beyond its retest date or not properly requalified, is an interstate commercial enterprise that conducts a cylinder exchange business (i.e., consumers bring empty 20 pound gas grill cylinders to a central location and exchange those cylinders for filled 20 pound gas cylinders) prohibited from transporting the empty cylinders from the site of exchange at a retail store to its plant for requalification and filling those cylinders with propane?
A2.Sections 173.34(e)(1)(ii) and 173.301(c) specify that a cylinder past its test date may not be charged or filled with a hazardous material and transported in commerce unless that cylinder has been inspected and retested. DOT specification cylinders (e.g., DOT 4BA240 and 4BW240) containing a hazardous material (e.g., propane) for which the retest date has become due need not be emptied to meet a testing schedule. The charged cylinder may remain in service, and a commercial enterprise may transport those cylinders in commerce in compliance with the HMR. However, after the cylinder has been emptied, it may not be charged and refilled and offered for transportation in commerce until it has been properly inspected and retested in accordance with 49 CFR 173.34(e).
I hope this satisfies your inquiry.

Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

 

[northen diver]

To be fair to northen diver, we haven't actually followed the Consitution in 146 years.

I work in the transportation industry. I am governed by DOT, OSHA, EPA, FHWSA, PUCO, FMCSR, HMR and Two unions. I didnt make up these regulations, I just try to abide by them. ........But it is the law.

 

[mike_s]

I did not see that in the regs. I did see 40 psi.
Rick

Rick, it's not in the regulations (as you well know).

There is no rule that requires removing the valve. It's just that some folks make stupid assumptions if the valve is there. (Heck, I'm betting they make stupid assumptions with the valve removed also).

 

[northen diver]

HM 200 on MOT's. I will bet that is what the instructor got the ticket on.



Tell the instructor to pay the fine



This is from the MN motorcarrier website.

http://www.dot.state.mn.us/motorcarrier/factsheets/hm200mot.pdf

 

[diver_2]

wow that was very helpful. Im a truck driver and plan to take my gear along at times. I wasent sure about the tank. Now i am. Yhank you all!!!!

 

[northen diver]

Rick, it's not in the regulations (as you well know).

There is no rule that requires removing the valve. It's just that some folks make stupid assumptions if the valve is there. (Heck, I'm betting they make stupid assumptions with the valve removed also).

How about this.......a little bet between you and I.......How about a 80AL tank bet?.......loser (sorry no pun intended there) pays the shipping cost also

 

[The Anchor]

In Canada, you can transport 8 Al80 tanks without restriction.

This is based on the following restrictions;

- No tank can weigh more than 30 Kg filled
- No more than 150 Kg total weight of all tanks
- No more than 75L liquid volume ber tank
- You are transporting between residences, dive sites, and fill sites.

Happy diving.

 

[Walter]

I work in the transportation industry. I am governed by DOT, OSHA, EPA, FHWSA, PUCO, FMCSR, HMR and Two unions. I didnt make up these regulations, I just try to abide by them. ........But it is the law.

No, it is not the law. If it violates the Constitution, it is not the law in the US.