Enforcement of hazmat regulations when transporting cylinders

[2airishuman]

Some time ago, one of my brother-in-law's coworkers was cited and his employer fined for carrying an SCBA cylinder unsecured in a truck on the way to a job. He works for a rigging company, and they occasionally are called upon to move equipment in locations where respiratory hazards exist or have the potential to arise. They carry SCBAs to do this, rather than filtration, because SCBAs work across all hazard classes they are likely to encounter.

For those not aware of the terminology, SCBAs are the above-water equivalent of SCUBA, typically consisting of a harness, cylinder, regulators, and full-face mask. Some units, particularly those in use by fire departments, add electronics.

In this particular incident, the truck was commercially licensed and had been stopped for inspection.

The applicability of hazmat regulations to personal transport of SCUBA cylinders is a grey area. All the states incorporate the federal hazmat regulations into their own regulatory framework but exceptions vary and enforcement philosophy is not uniform.

Is anyone aware of any actual enforcement actions taken against SCUBA divers hauling their own cylinders?

 

[akdeepdiver]

I have seen it happen a couple times, but both times it was because the vehicles carrying them were involved in an accident. Since they were unsecured cylinders and they were haphazardly scattered around the accident scene, it resulted in a delayed response until the HAZMAT team could be called out, of which I was a member. Both times, the operator of the vehicle was incapacitated and unable to tell us the contents of the cylinders resulting in a response to an unknown hazard and a delayed accident mitigation until it could be determined that the cylinders were safe. Both accidents were roll overs, one of which had multiple cylinders in the back of un unsecured pickup truck, and the other was a sedan with a unsecured cylinder in the back seat. During the roll over, the cylinder (Aluminum 80) did quite a bit of damage to the interior and driver as it pinballed around the interior.

 

[Bob DBF]

Well, there isn't any reason for a private vehicle to be stopped for a random safety check.

Occasionally, in our area, Fish and Game will have a mandatory stop and check for poachers. At the stop are Sheriff and Highway Patrol, so I imagine if they see a violation, the driver would find out about it pretty quick. I saw some moved to the "you're not going anywhere for a while" line, but I don't know why.

Since I always strap my tanks down securely, I wouldn't know if having them unsecured would get citation even if I was stopped.


Bob

 

[Edward3c]

Can't speak for the US, but in the U.K. transporting cylinders on the public road falls under dangerous substance. Whether private or commercial they must be secure with the appropriate warning signs - so the emergency services know what their dealing with.

I ratchet mine down so even in a rollover they're not going to move.

 

[rhwestfall]

(United States) From what I have attempted to research, I'd say no. I believe it to only be applicable for Commercial Operations. Keep in mind, that might include a Dive Shop's Vehicle though, or an Instructor carrying gear....

There is also a 1,000 # (not volume) Hazard Criteria for compressed gas cylinders....

Now, there may be some angle of unsecured cargo in the Motor Vehicle Traffic Law that could be generically applied to personal use......

 

[Diesel_Diver]

Technically speaking the regulations for the transportation of a pressure vessel does apply to all tanks. Where it gets confusing is with what they refer to as a consumer commodity. It all depends on the size of the MOC ( method of containment) with scuba tanks you are allowed up to a certain amount of tanks before you have to be trained , and certified as well as display a placard on the vehicle. That being said anything with a valve on it should be transported in an upright and secured manner.

 

[rhwestfall]

up to a certain amount of tanks

1,000# of container(s) and contents

 

[2airishuman]

1,000# of container(s) and contents

From my reading of the regs, there are multiple thresholds that apply to different regulations. The only 1000# threshold I could find was that, under 1000#, you don't need a placard on the outside of the vehicle.

 

[kelemvor]

Now, there may be some angle of unsecured cargo in the Motor Vehicle Traffic Law that could be generically applied to personal use......

There is. I saw on an episode of cops (or something simmilar) where they cited a guy for having trash on his dashboard. He was driving a van and would throw soda cups and papers and whatnot up onto the dash when he was done with them. I forget what they actually said the citation was called, or maybe they didn't say.

 

[The Chairman]

I forget what they actually said the citation was called, or maybe they didn't say.

Obstruction of vision. There was a Florida case in the late 70s where a police officer cited a driver because he had a radar detector on the dash. That was a friend of a friend, and I don't know if the citation held.

I'm going to die if I roll my van over. From sheer embarrassment, if nothing else.