Section 403.7. Supplemental rules and regulations

(a) Carrier registration. Carrier registration shall be completed as follows:

(1) General. Interstate and intrastate carriers transporting hazardous materials in quantities requiring the vehicle to display markings or placarding under this chapter shall register with the Department each calendar year between January 1 and January 31. A person who initiates carriage within a given year shall register within 30 days of the initiation and each year thereafter under this paragraph.

(2) Forms. Registration shall be made by each carrier on forms prescribed and furnished by the Department. A separate form shall be executed for the Central Office of the carrier and for each terminal maintained by the carrier in this Commonwealth. Registration forms may be obtained upon request from the Motor Carrier Safety Division, Room 215, Transportation and Safety Building, Harrisburg, Pennsylvania 17120.

(3) Retention of form. The motor carrier shall maintain a copy of the forms noted in paragraph (2) in its files for 3 years.

(b) Towing of vehicles. A motor vehicle transporting hazardous materials in a quantity requiring the motor vehicle to display markings or placarding may not be towed on a highway except to remove the motor vehicle and cargo to the nearest place of safety, in the judgment of the carrier or its representative after consultation where possible with police, fire or other emergency personnel. The motor vehicle may not be moved until the hazardous materials are stable unless failure to do so would constitute a threat to persons or property. For requirements regarding accidents involving specific types of hazardous materials, see 49 CFR 177.853—177.861 (relating to vehicles and shipments in transit; accidents).

(c) Extended loads. A person may not transport hazardous material on a vehicle when the load extends beyond the sides, front or rear of the cargo-carrying compartment of the vehicle.

(d) Unlawful transportation. A person may not transport, by vehicle on a highway, hazardous material in a reckless manner or under conditions that will unreasonably endanger persons or property.

(e) The Vehicle Code. Title 75 of the Pennsylvania Consolidated Statutes § § 101—9701 (relating to the Vehicle Code), and provisions of this title not inconsistent with this chapter, apply to the transportation of hazardous materials.

(f) Weight limitations. Vehicles subject to this chapter shall comply with the weight limitations set forth in the Vehicle Code and this title.

(g) Special permits for cargo tanks.

(1) Cargo tanks used in the transportation of hazardous material in intrastate commerce, shall conform to the United States Department of Transportation specifications in 49 CFR Parts 173, 177, 178 and 180, as applicable, or otherwise be specifically authorized under special permit by the Department.

(2) Special permits will be issued for nonspecification cargo tanks upon application to the Department and upon completion of the testing requirements outlined on the prescribed Department forms. Special permits are effective for 2 years from the date of issue.

(3) Special permits are valid only for intrastate carriers transporting hazardous materials in this Commonwealth.

(4) Special permits are not required for cargo tanks used exclusively for the transportation of combustible liquids.

(h) Special testing. The Department may cause a container or cargo tank, or both, to be retested at any time.

(i) United States Department of Transportation exemptions. Hazardous materials, shipped under exemption and in containers specified by the United States Department of Transportation may be transported in this Commonwealth without issuance of separate Department special permits.

(j) Streetcar crossings. A vehicle, normally required to stop at railroad grade crossings under this chapter need not stop if the tracks are used exclusively by streetcars.

(k) Presentation of documents. A driver of a vehicle transporting a hazardous material on a highway shall present upon request to a member of the State Police or qualified Commonwealth employe all documents required by this chapter to be in his possession.

The provisions of this § 403.7 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; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487. Immediately preceding text appears at serial pages (71287) to (71289).

Notation

Authority

The provisions of this § 403.7 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.