Saf-C 600 Haz.Mat'ls Tran

CHAPTER Saf-C 600 HAZARDOUS MATERIALS TRANSPORTATION RULES

PART Saf-C 601 APPLICABILITY

Saf-C 601.01 Scope. These rules shall apply to:

(a) Motor carriers engaged in the transportation of hazardous materials;

(b) Officers or employees of the motor carrier who perform supervisory duties related to the transportation of hazardous materials;

(d) A shipper of 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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

PART Saf-C 602 DEFINITIONS

Saf-C 602.01 "Commissioner" means “commissioner” as defined in RSA 259:13, or his designee.

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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

Saf-C 602.03 “Hazardous materials” means “hazardous materials” as defined in 49 CFR 171.08 and includes “hazardous materials” as defined in RSA 21-P:16, I.

Source. #12516, eff 4-23-18

Saf-C 602.04 "Hazardous waste" means "hazardous waste" as defined in 49 CFR 171.08 and includes

the definition of “hazardous waste” as set forth in RSA 147-B:2, VII, but do not include household pharmaceutical wastes collected pursuant to RSA 318-E.

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, EXPIRES: 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, EXPIRED: 9-8-14, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRES: 2-27-18

New. #12516, eff 4-23-18 (formerly Saf-C 602.03)

Saf-C 602.05 "Peace officer" means any sworn law enforcement officer of the state of New Hampshire, including those of 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, EXPIRES: 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, EXPIRED: 9-8-14, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18 (formerly Saf-C 602.04)

Saf-C 602.06 "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, EXPIRES: 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), EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18 (formerly Saf-C 602.05)

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 382, 49 CFR 385, 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, EXPIRES: 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); ss by #12817-A, eff 6-27-19

Saf-C 603.02 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 New Hampshire department of safety; and

(2) Secretary of Transportation and any other federal title also means commissioner of the New Hampshire department of safety.

(b) Notwithstanding any rule to the contrary, in the event these rules conflict with a federal regulation incorporated by 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, EXPIRES: 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), EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

PART Saf-C 604 ON-THE-SPOT INSPECTION OF CARGO CARRYING HAZARDOUS MATERIALS OR WASTES

Saf-C 604.01 Enforcement Provisions.

(a) Pursuant to RSA 21-P:19, any peace officer of the state of New Hampshire shall have the authority to enforce these rules.

(b) Pursuant to RSA 266:72-a, V(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) 223-3888, or in writing to:

The Assistant Commissioner of Safety

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305

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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

Saf-C 604.02 Inspection Authorized.

(a) Every state police trooper 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:17,1(a).

(b) Findings of motor vehicles inspected pursuant to (a) above shall be recorded on DSSP 335 “Driver Vehicle Examination Report”, or on an electronic inspection report approved and accepted by the Federal Motor Carrier Safety Administration. Information captured electronically shall be equivalent to information recorded on form DSSP 335 “Driver Vehicle Examination Report”.

(d) Every state police trooper 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) If the vehicle is placed out-of-service, the motor carrier shall be responsible for completing the following certifications and providing the following information on the driver vehicle examination report:

(1) The signature and date from the repairman as certification that repairs listed in the “out-of-service” notice have been satisfactorily completed;

(2) Identifying the facility of the repairman; and

(3) Signing and dating the driver vehicle examination report as certification that all violations noted on the report have been corrected and action has been taken to ensure compliance with the applicable safety regulations.

(f) Within 15 days of a vehicle being placed out-of-service, the motor carrier shall complete the certifications required in (e) above and shall return the completed driver vehicle examination report by facsimile at (603) 271-1760 or by first class mail to:

NH Department of Safety

Division of State Police

Troop G

33 Hazen Drive

Concord, NH 03305

(g) DSSP 342, “Out-of-Service Vehicle” sticker, revised 09/10, shall be placed upon any vehicle declared out-of-service pursuant to (d) above.

(h) Every state police trooper or other law enforcement agent certified to conduct motor carrier truck inspections shall utilize the “North American Standard Out-of-Service Criteria” (April 1, 2022 edition) and the “North American Standard Out of Service Criteria and Level VI Inspection Procedures for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials” as defined in 49 CFR 173.403, (April 1, 2022 edition), available as noted in Appendix B, 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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18; amd by #12817-B, eff 6-27-19; ss by #13084, eff 8-7-20; amd by #13203, eff 5-6-21; amd by #13477, eff 10-26-22

Saf-C 604.03 Inspection of Damaged Vehicles. 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 pursuant to 49 CFR 170-189, 49 CFR 390- 397, and 10 CFR 71 and 73.

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, EXPIRES: 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

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 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) 223-4381. Interstate shippers shall give notice to federal agencies pursuant to the requirements of 49 CFR 171.15.

(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, EXPIRES: 1-2-98

New. #8721-B, eff 9-8-06, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

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

James H. Hayes Building

33 Hazen Drive

Concord, N.H. 03305

(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 172.205;

(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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

Saf-C 605.03 Radioactive Materials Incidents.

(a) For the purposes of this section, “radioactive materials” means “radioactive materials” as defined in 49 CFR 173.403.

(b) 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, EXPIRED: 9-8-14

New. #12373, INTERIM, eff 8-31-17, EXPIRED: 2-27-18

New. #12516, eff 4-23-18

PART Saf-C 606 - RESERVED - REPEALED

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, EXPIRES: 1-2-98; rpld by #6615, eff 10-25-97

PART Saf-C 607 - RESERVED - REPEALED

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, EXPIRES: 1-2-98; rpld by #6615, eff 10-25-97

APPENDIX A

RULE	SPECIFIC STATE STATUTE THE RULE IMPLEMENTS

Saf-C 601.01	RSA 21-P:14, II(a); RSA 21-P:17, I
Saf-C 602.01 – 602.03	RSA 21-P:17, I
Saf-C 602.04(h)	RSA 21-P:17, I
Saf-C 602.05 – 602.06	RSA 21-P:17, I
Saf-C 603.01	RSA 266:72-a & RSA 21-P:17, I(a)
Saf-C 603.02	RSA 21-P:17, I
Saf-C 604.01 – 604.03	RSA 21-P:19; RSA 21-P:17, I(c)
Saf-C 604.02(h)	RSA 21-P:17, I
Saf-C 605.01	RSA 21-P:17, I(c)
Saf-C 605.01	RSA 21-P:17, I(c)
Saf-C 605.02	RSA 21-P:17, I(c)
Saf-C 605.03	RSA 21-P:17, I(e)

APPENDIX B

MATERIALS INCORPORATED BY REFERENCE

Rule

Material Incorporated

How Material May be Obtained

Saf-C 604.02(h)

North American Standard Out-of-Service Criteria (April 1, 2022)

Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 310

Greenbelt, MD 20770-6319

Telephone: 301.830-6143

Fax: 301.830-6144

Purchase Online:

https://www.cvsa.org/inspections/out-of-service-criteria/

$49.00, plus shipping

Saf-C 604.02(h)

North American Standard Out of Service Criteria and Level VI Inspection Procedures for Commercial Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403 (April 1, 2022)

Commercial Vehicle Safety Alliance

6303 Ivy Lane, Suite 310

Greenbelt, MD 20770-6319

Tel: 301.830-6143

Fax: 301.830-6144

Available by email request by emailing Carlisle Smith: Carlisle Smith

Carlisle.smith@cvsa.org

Free of Charge