RULE 001.01.78-002 - Rules and Regulations Relating to Hazardous Materials

RULE 001.01.78-002. Rules and Regulations Relating to Hazardous Materials

RULES GOVERNING INTRASTATE TRANSPORTATION OF HAZARDOUS MATERIALS IN THE STATE OF ARKANSAS

RULE 1.1 DEFINITIONS:

(a). CARRIER. The term "carrier" shall be defined as any person engaged, directly or by agent or employee, in the transportation of property by land, air, or private carrier.

(b). HAZARDOUS MATERIAL. The term "hazardous material" shall be defined as any substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.

(c). NURSE TANKS. The term "nurse tank" shall be defined as a tank with a capacity of 3000 gallons or less, used to transport liquids for agricultural purposes.

(d). TRANSPORT. The term "transport" shall be defined to mean shipping or transportation of property by carrier.

(e). OTHER TERMS. All terms not otherwise defined herein, shall have the same meanings as set forth in Section 2 of Act 421 of 1977, and 49 CFR §§ 100-199 (1976), as amended, unless clearly inconsistent with the purposes of this order. Terms which are neither defined herein or in the above mentioned act and compilation shall have the ordinary practical meaning.

RULE 1.2 ADOPTION OF DOT REGULATIONS:

Every carrier of hazardous materials shall comply with the regulations of the United States Department of Transportation, Materials Transportation Bureau, as compiled in, 49 CFR §§ 100-199 (1976).

RULE 1.3. AMENDMENTS:

(a). Each notice required by § 171.15(b) shall also be given to the Arkansas State Police, who shall immediately notify the Office of Emergency Services, who shall, at the earliest practicable moment, notify the Arkansas Transportation Commission, Arkansas Health Department, and Department of Pollution Control and Ecology.

(b). EXEMPTIONS:

(1). Vehicles with less than 20,000 pounds gross vehicle weight shall be exempted, where such vehicles are used in distribution or application of hazardous mate rials in immediate farming operation.

This shall be construed to exempt "nurse tanks", provided, the operation on the public highway is restricted to speeds of 25 miles per hour or less.

(2). Tank trucks constructed for transportation of liquified petroleum gas, built and purchased before December 31, 1978, shall be exempted from 49 CFR 5178.337 (1976), so long as said trucks shall continue to meet the required standards in effect prior to the adoption of this order (ASME Requirements).

RULE 1.4 MINIMUM INSURANCE REQUIREMENT AMENDMENT:

The schedule of Minimum Liability of Rule 13.1, General Rules of Practice and Procedure (1973), is hereby amended to include the following;

Each motor vehicle used to transport hazardous material:

$100,000.00 for bodily injuries to or death of 1 person.

$300,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$100,000.00 for loss or damage in any one accident to the property of others.

RULE 1.5

Rules shall be subject to future amendments, exemptions, and other modifications as the Commission recognizes that such modifications are necessary for safe transportation of hazardous materials.

(2/28/1978)

The following state regulations pages link to this page.