New York HazMat Transportation laws & safety compliance analysis

New York HazMat Transportation: What you need to know

· Rules. New York adopts by reference the federal hazardous materials regulations as they apply to hazardous materials motor carriers. New York also has additional hazmat reporting requirements and imposes additional penalties for violations of certain safety rules. New York also has specific requirements for gasoline transport vehicles.

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· Administration and enforcement. There are three state agencies in New York with authority over motor carriers transporting hazardous materials: NYSDOT, NYSP, and DEC. DEC regulates hazardous waste shipments and administers and enforces the state's transporter permit rules.

HAZARDOUS MATERIALS TRANSPORTERS
Availability
17 NYCRR 820.8(f)

Shippers of hazardous materials who are required 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 may use a governmental agency or hotline, which is available 24 hours a day, provided that the shipper submits to NYSDOT written assurance that the agency would have personnel available 24 hours a day to answer such questions.

Reports
17 NYCRR 820.8(g)

Any reports or notices a hazardous materials transporter is required to send to the U.S. Department of Transportation (USDOT) under 49 CFR must also be sent to the NYSDOT Motor Carrier Compliance Bureau.

Incident Reporting
17 NYCRR 820.8(h)

If an incident occurs during the course of transportation of hazardous materials (including loading, unloading, and temporary storage), motor carriers are required to immediately report the incident to the local police or fire department, or to NYSP if there is no local authority if, as a direct result of hazardous materials:

  • A person ...

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