Section 403.1. General information and requirements

(a) Purpose. The purpose of this chapter is to prescribe the methods of packing, loading and unloading of hazardous materials; the specifications, marking, inspection, condition and equipment of vehicles transporting hazardous materials; the qualifications of drivers and other matters relating to operation of the vehicles; the routing and parking of the vehicles; and other factors affecting the nature and degree of risk involved in the transportation of hazardous materials.

(b) Application. Application shall include the following:

(1) Every shipper and motor carrier and its officers, drivers, agents, employes and representatives involved or related to the transportation of interstate or intrastate commerce, or both, shall comply with this chapter.

(2) Officers, agents, representatives, drivers and employes of shippers and carriers involved or concerned with the management, maintenance, operation or driving of vehicles, shall be conversant and knowledgeable with this chapter.

(c) General rule.

(1) Hazardous materials that do not comply with the requirements of this chapter may not be offered for transportation or transported.

(2) Hazardous materials which are manufactured, packaged, stored, loaded, unloaded or transported, shall be open to inspection upon request by a Pennsylvania State Police Officer or qualified Commonwealth employe.

(3) No person may represent, by marking or otherwise, that a container or package for the transportation of hazardous materials is safe, certified or in compliance with the requirements of the Department unless the container or package meets the requirements of this chapter.

(d) Exemptions. The Department may, upon its own motion or upon application from a carrier, grant exemptions or exceptions from this chapter whenever it determines the result of granting the exemption or exception will not constitute a significant risk to the health or safety of the public.

The provisions of this § 403.1 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365. Immediately preceding text appears at serial pages (125329) to (125330).