CHAPTER Saf-C 600 HAZARDOUS MATERIALS TRANSPORTATION RULES
PART Saf-C 601 APPLICABILITY
Saf-C 601.01 Scope.
(a) These rules shall apply to:
(1) Motor carriers engaged in the transportation
of hazardous materials;
(2) Officers or employees of the motor carrier
who perform supervisory duties related to the transportation of hazardous
materials; and
(3) A person who operates or is in charge of a
motor vehicle containing hazardous materials.
Source. #1461 eff 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C
601.02 Adoption of Federal Standards. EXPIRED
Source. #1461 eff 10-16-79; amd by #1645, eff
10-8-80; ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED:1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
PART
Saf-C 602 DEFINITIONS
Saf-C 602.01 "Commissioner" means “commissioner”
as defined in RSA 259:13.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED: 10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 602.02 "Department" means “department” as
defined in RSA 259:19.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 602.03 "Hazardous waste" means
"hazardous waste" as defined in RSA 21‑P:16,II.
Source. #1461 eff. 10-16-79; ss by #2249, eff 12-31-82;
ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 602.04
"Peace officer" means any sworn law enforcement officer of the
state of New Hampshire, including any county or municipality.
Source. #1461, eff 10-16-79;
ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 602.05 "Regular business hours" means the
hours in which a business conducts its operations.
Source. #1461, eff 10-16-79;
ss by #2249, eff 12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06 (formerly Saf-C 602.06)
PART
Saf-C 603 AUTHORITY
Saf-C 603.01 Incorporation By Reference of Federal
Standards. The regulations adopted
by the United States Department of Transportation contained in 49 CFR 170-189,
the regulations adopted by the Bureau of Motor Carrier Safety, Federal Highway
Administration, United States Department of Transportation contained in 49 CFR
390‑397, and regulations adopted by the Nuclear Regulatory Commission,
United States Department of Energy and contained in 10 CFR 71 and 73 are hereby
adopted as a part of these rules.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-A,
eff 9-8-06 (formerly Saf-C 601.03)
Saf-C 603.02 Adoption
of Centers For Disease Control and Prevention Regulations. The regulations adopted by the Centers for Disease
Control and Prevention, United States Department of Health and Human Services
contained in 42 CFR 72, October 1, 2005, are hereby adopted as a part of these
rules.
Source. #1461 eff. 10-16-79; ss by #2249, eff 12-31-82;
ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 603.03 Application of Federal Regulations.
(a) The federal agencies and titles referred to
in the federal regulations incorporated by Saf-C 603.01 shall be construed as
follows:
(1) United States Department of Transportation
and any other federal agency where there is no comparable state agency also
means the
(2) Secretary of Transportation and any other
federal title also means commissioner
of the
(b) Notwithstanding any rule to the contrary, in
the event these rules conflict with a federal regulation adopted pursuant to
Saf-C 603.01, the federal regulation shall take precedence.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06 (formerly Saf-C 601.04)
Saf-C 604.01 Enforcement Provisions.
(a) Pursuant to RSA 21-P:19, any peace officer of
the state of
(b) Each person subject to these rules shall
submit accounts, books, records, memoranda, correspondence and other documents
for inspection, upon demand of any peace officer, during regular business
hours.
(c) Each motor carrier who transports hazardous
materials and is required to return notices, reports and other information on a
periodic or incident basis pursuant to the federal regulations shall likewise
notify the department in the same manner as is required for federal
agencies. A photocopy of written reports
furnished to the appropriate federal agency shall be accepted.
(d) Any notification pursuant to (c) above shall
be submitted by telephone, as applicable, to (603) 271-2559, or in writing to:
The Assistant
Commissioner of Safety
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 604.02 Inspection Authorized.
(a) Every highway patrol and enforcement officer
or other law enforcement agent certified to conduct motor carrier truck
inspections shall be authorized to enter any vehicle of a motor carrier and
perform an inspection in order to determine compliance with the regulations set
forth in RSA 21-P:17, I(a).
(b) Form DSMV 555, Motor Carrier Safety
Driver-Vehicle Examination Report, shall be used to record findings from motor
vehicles inspected pursuant to (a) above.
(c) The reporting officer shall furnish the
following on form DSMV 555:
(1) The date and time of inspection;
(2) The location of inspection;
(3) The vehicle’s state of registration;
(4) The department of transportation number
assigned to vehicle;
(5) Whether vehicle is used interstate;
(6) The name and address of motor carrier;
(7) The name of shipper;
(8) The driver's name;
(9) The driver's license number and state;
(10) The type of hazardous materials being
transported;
(11) The make, model and year of vehicle;
(12) A list of inspection violations discovered,
if any; and
(13) The name of person who inspected the vehicle.
(d) Every highway patrol and enforcement officer
or other law enforcement agent certified to conduct motor carrier truck
inspections shall be authorized to declare a vehicle out-of-service, if
applicable.
(e) Form DSMV 550 shall be
placed upon any vehicle declared out-of-service pursuant to (d) above.
(f) The reporting officer shall furnish the
following on form DSMV 550:
(1) The vehicle’s registration number;
(2) The state of registration; and
(3) The reporting officer’s signature.
(g) Every highway patrol and
enforcement officer or other law enforcement agent certified to conduct motor
carrier truck inspections shall utilize the North American Standard Out-of-
Service Criteria (2006 edition) to determine whether to place a vehicle
out-of-service pursuant to this section.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
Saf-C 604.03 Inspection of Damaged Vehicles.
(a) No person shall drive a motor vehicle used to
transport hazardous materials that has been damaged in an accident, until an
inspection has been conducted pursuant to Saf‑C 604.02 or by an
inspection station to ascertain the nature, extent and relationship of any
damage to the safe operation of the motor vehicle.
(b) No motor vehicle used to transport hazardous
materials that has been damaged in an accident shall be operated until the
vehicle is determined to be in safe condition.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; ss by #6615, eff 10-25-97, EXPIRED:10-25-05
New. #8507, INTERIM, eff 12-7-05, EXPIRED: 6-5-06
New. #8721-B, eff 9-8-06
PART Saf-C 605 REPORTING AND TACTICAL SITE SUPERVISION
Saf-C 605.01 Immediate Notice of Certain Hazardous
Materials Incidents.
(a) Each motor carrier who transports hazardous
materials shall immediately notify the department after any incident pursuant
to 49 CFR 171.15(a) which has occurred during the course of transportation,
loading, unloading or storage.
(b) Each notification pursuant to (a) above shall
be given to the department by telephone at state police headquarters, (603)
271-3636. Interstate shippers shall give
notice to federal agencies pursuant to the requirements of 49 CFR 171.15.
(c) Each notification pursuant to (a) above shall
include the following:
(1) The reporting party’s name;
(2) The name and address of reporting party’s
motor carrier;
(3) The telephone number where reporting party
can be contacted;
(4) The date, time and location of incident;
(5) The extent of injuries, if any;
(6) The classification, name and quantity of
hazardous materials involved, if available; and
(7) The type of incident, nature of hazardous
materials involved and whether a continuing danger to life exists at the scene.
(d) Each motor carrier who makes a report
pursuant to this section shall also make the report required by Saf-C 605.02.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98
New.
#8721-B, eff 9-8-06
Saf-C 605.02 Detailed Hazardous Materials Incident
Reports.
(a) Each motor carrier required to report
hazardous materials incidents pursuant to 49 CFR 171.15 or 171.16 shall notify the
department at state police headquarters in Concord, N.H. in accordance with the
requirements of 49 CFR 171.15 and 171.16. Copies of reports that are required
pursuant to 49 CFR 171.16 which are received by state police headquarters shall
be considered in compliance with this section.
(b). Each motor carrier who makes a report
pursuant to this section shall submit a copy of the
report to:
The Assistant
Commissioner of Safety
(c) If the material spilled is the unintentional
release of any quantity of hazardous waste as set forth in 49 CFR 171.16, the
following shall be attached to the report submitted in (a) above:
(1) The hazardous waste manifest as set forth in
49 CFR 171.16;
(2) An estimate as to the quantity of hazardous
waste removed from the scene; and
(3) The name and address of the facility where
the hazardous waste was taken.
Source. #1461 eff. 10-16-79; ss by #2249, eff 12-31-82;
ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98
New.
#8721-B, eff 9-8-06
Saf-C 605.03 Radioactive Materials Incidents. In addition to any other reporting
requirements of the federal regulations and these rules, each motor carrier
shall notify the shipper no later than 12 hours following any incident in which
there has been breakage, spillage or suspected radioactive contamination
involving any shipment of radioactive materials.
Source. #1461 eff. 10-16-79; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98
New.
#8721-B, eff 9-8-06
PART Saf-C 606 - RESERVED - EXPIRED
Source. #2522, eff 11-7-83; ss by #2249, eff
12-31-82; ss by #2945, eff 1-3-85, EXPIRED: 1-3-91
New. #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; rpld by #6615, eff 10-25-97, EXPIRED: 10-25-05
PART Saf-C 607 - RESERVED - EXPIRED
Source. #4328, eff 10-20-87; ss by #4933, eff
9-19-90; ss by #5219, eff 9-4-91; ss by #6562, Interim,
eff 9-4-97, EXPIRED: 1-2-98; rpld by #6615, eff 10-25-97, EXPIRED: 10-25-05
APPENDIX
|
RULE |
STATUTE |
|
Saf-C
601.01 |
RSA
21-P:14, II(a) RSA
21-P:17, I |
|
Saf-C
601.02 |
EXPIRED |
|
Saf-C
601.03 – 601.04 |
RSA
21-P:14, II(a) RSA
21-P:17, I |
|
|
|
|
Saf-C
602.01 |
RSA
259:13 |
|
Saf-C
602.02 |
RSA
259:13 |
|
Saf-C
602.03 |
RSA
21-P:16, II |
|
Saf-C
602.04-602.05 |
RSA
541-A:7 |
|
Saf-C
602.06 |
RSA
541-A:7 |
|
|
|
|
Saf-C
603.01-605.03 |
RSA
21-P:14, II(a) RSA
21-P:17, I |
|
|
|
|
Saf-C
606-607 |
RESERVED |
|
|
|