New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.8 - Transportation of hazardous materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every person whether by highway, by rail,
					 by water or by air or otherwise, engaged in the transportation of hazardous
					 materials within this State shall be subject to the rules and regulations
					 contained in this Part.
(b) No
					 person shall offer or accept a hazardous material for transportation within
					 this State unless that material is properly classed, described, packaged,
					 clearly marked, clearly labeled, and in the condition for shipment as required
					 by this Part.
(c) No person shall
					 offer or accept a hazardous material for transportation unless that material is
					 handled and transported in accordance with this Part.
(d) Whenever the word
person
is used in this section, such word shall mean an individual, firm,
					 copartnership, corporation, company, association or joint-stock association,
					 including any public utility, and includes any trustee, receiver, assignee
					 agent or personal representative thereof. Whenever the term motor carrier is
					 used in this section, such term shall be interpreted to mean and include any
					 person who transports, arranges for transport or is otherwise responsible for
					 transportation of hazardous materials in or through the State, and shall not be
					 limited to any technical definition of such term.
(e) Wherever, in the provisions of title 49
					 of the
Code of Federal Regulations
(CFR) herein adopted,
					 reference is made to
motor carrier
such reference shall be
					 deemed to include
person
as defined in subdivision (d) of this
					 section.
(f) Where these State
					 regulations require a shipper of hazardous materials to have someone available
					 at all times, 24 hours a day, to answer questions with respect to the material
					 being carried and the hazards involved, the commissioner may permit the use of
					 a governmental agency or hotline, which is available 24 hours a day, provided
					 that the shipper submits to the commissioner written assurance that such agency
					 would have personnel available 24 hours a day for the purposes herein before
					 set forth. This subdivision shall only apply to vehicles used exclusively in
					 intrastate transportation. For vehicles used in interstate and foreign
					 commerce, the provisions of title 49 CFR shall apply.
(g) Wherever, the provisions of title 49 CFR
					 herein adopted, reference is made to the making of reports or giving of
					 notices, such reference shall be deemed to mean, include and require the giving
					 of such report, within, the time required by the incorporated provisions to:
					 the Motor Carrier Compliance Bureau, New York State Department of
					 Transportation, 50 Wolf Rd., Albany, NY 12232, (518) 457-1016 or e-mail
					 trucksafety@dot.ny.gov.
(h) All
					 motor carriers and persons engaged in the transportation of hazardous materials
					 shall report immediately to the fire or police department of the local
					 municipality or to the Division of State Police in the event there is no local
					 police department, any incident that occurs during the course of transportation
					 (including loading, unloading and temporary storage) as a direct result of
					 hazardous materials:
(1) a person is
					 killed;
(2) a person receives
					 injuries requiring hospitalization;
(3) estimated carrier or other property
					 damage exceeds $50,000;
(4) fire,
					 breakage, spillage, or suspected radioactive contamination occurs involving
					 shipment of radioactive material;
(5) fire, breakage, spillage, or suspected
					 contamination occurs involving shipment of etiologic agents; or
(6) a situation exists of such nature that in
					 the judgment of the carrier a continuing danger to life or property exists at
					 the scene of the incident.