49 C.F.R. § 171.2

General requirements

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(a) Each person who performs a function covered by this subchapter must perform that function in accordance with this subchapter.

(b) Each person who offers a hazardous material for transportation in commerce must comply with all applicable requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or under subchapter A of this chapter. There may be more than one offeror of a shipment of hazardous materials. Each offeror is responsible for complying with the requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter, with respect to any pre-transportation function that it performs or is required to perform; however, each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform, and each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect.

(c) Each person who performs a function covered by or having an effect on a specification or activity prescribed in part 178, 179, or 180 of this subchapter, an approval issued under this subchapter, or an exemption or special permit issued under subchapter A of this chapter, must perform the function in accordance with that specification, approval, an exemption or special permit, as appropriate.

(d) No person may offer or accept a hazardous material for transportation in commerce or transport a hazardous material in commerce unless that person is registered in conformance with subpart G of part 107 of this chapter, if applicable.

(e) No person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter.

(f) No person may transport a hazardous material in commerce unless the hazardous material is transported in accordance with applicable requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. Each carrier who transports a hazardous material in commerce may rely on information provided by the offeror of the hazardous material or a prior carrier, unless the carrier knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the offeror or prior carrier is incorrect.

(g) No person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements of this subchapter governing its use in the transportation of a hazardous material in commerce unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired, and retested in accordance with the applicable requirements of this subchapter. No person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements of an exemption, a special permit, approval, or registration issued under this subchapter or subchapter A of this chapter unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired, and retested in accordance with the applicable requirements of the exemption, special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. The requirements of this paragraph apply whether or not the packaging or container is used or to be used for the transportation of a hazardous material.

(h) The representations, markings, and certifications subject to the prohibitions of paragraph (g) of this section include:

(1) Specification identifications that include the letters “ICC”, “DOT”, “TC”, “CTC”, “CRC”, “BTC”, “MC”, or “UN”;

(2) Exemption, special permit, approval, and registration numbers that include the letters “DOT”, “EX”, “M”, or “R”; and

(3) Test dates associated with specification, registration, approval, retest, exemption, or special permit markings indicating compliance with a test or retest requirement of the HMR, or an exemption, special permit, approval, or registration issued under the HMR or under subchapter A of this chapter.

(i) No person may certify that a hazardous material is offered for transportation in commerce in accordance with the requirements of this subchapter unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. Each person who offers a package containing a hazardous material for transportation in commerce in accordance with the requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter, must assure that the package remains in condition for shipment until it is in the possession of the carrier.

(j) No person may, by marking or otherwise, represent that a container or package for transportation of a hazardous material is safe, certified, or in compliance with the requirements of this chapter unless it meets the requirements of all applicable regulations issued under Federal hazardous material transportation law.

(k) No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.

(l) No person may alter, remove, deface, destroy, or otherwise unlawfully tamper with any marking, label, placard, or description on a document required by Federal hazardous material transportation law or the regulations issued under Federal hazardous material transportation law. No person may alter, deface, destroy, or otherwise unlawfully tamper with a package, container, motor vehicle, rail car, aircraft, or vessel used for the transportation of hazardous materials.

(m) No person may falsify or alter an exemption or special permit, approval, registration, or other grant of authority issued under this subchapter or subchapter A of this chapter. No person may offer a hazardous material for transportation or transport a hazardous material in commerce under an exemption or special permit, approval, registration or other grant of authority issued under this subchapter or subchapter A of this chapter if such grant of authority has been altered without the consent of the issuing authority. No person may represent, mark, certify, or sell a packaging or container under an exemption or special permit, approval, registration or other grant of authority issued under this subchapter or subchapter A of this chapter if such grant of authority has been altered without the consent of the issuing authority.

[68 FR 61937, Oct. 30, 2003, as amended at 70 FR 43643, July 28, 2005; 70 FR 73162, Dec. 9, 2005; 82 FR 15833, Mar. 30, 2017]

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1983–2026 · leading case: Oil Re-Refining Co. v. Env't Quality Comm'n, 388 P.3d 1071 (Or. 2017).

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Oil Re-Refining Co. v. Env't Quality Comm'n, 388 P.3d 1071 (Or. 2017). · cites it 2× “See 70 Fed Reg 43638, 43644 (July 28, 2005) (amending 49 CFR § 171.2 (f)); 49 CFR § 171.2 (f) (“Each carrier who transports a hazardous material in commerce may rely on information provided by the offeror of the hazardous material or a prior carrier, unless the carrier knows or,…”

In re In re, 339 F. Supp. 3d 185 (S.D. Ill. 2018). · cites it 2× “49 C.F.R. § 171.2 . The regulations authorize transportation in accordance with the IMDG Code, 49 C.”

Keach v. Canadian Pac. Ry. Co., 574 B.R. 381 (Bankr. D. Me. 2017). · cites it 4× “CP and Soo Line also seek dismissal based on a variety of arguments under Rule 12(b)(6): they assert (a) Counts I and III must be dismissed because of the application of the economic loss doctrine; (b) Count I fails to allege plausible facts to support a claim that CP or Soo…”

In Re New Orleans Train Car Leakage Fire Litig., 795 So. 2d 364 (La. Ct. App. 2001). “2 (a): General requirements: No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of part 107 of this chapter, if applicable, and the hazardous material is properly classed, described,…”

Borger v. CSX Transp., Inc., 571 F.3d 559 (6th Cir. 2009). “…offeror,” unless the carrier knows or has reason to know that the information provided by the offeror is incorrect. 49 C.F.R. § 171.2 (f).”

Clean Harbors Env't Servs., Inc. v. Alexis M. Herman, Sec'y, United States Dep't of Labor & Thomas Dutkiewicz, Intervenor, 146 F.3d 12 (1st Cir. 1998). “See 49 C.F.R. §§ 171.2 , 177.801. Dutkiewicz testified that he personally had been stopped on numerous occasions.”

In re LMD Integrated Logistic Servs., Inc. v. Pub. Util. Comm., 2016 Ohio 5385 (Ohio Ct. App. 2016). · cites it 12× “] The Commission erred in its finding that the Commission itself even considered 49 CFR §171.2 (f), let alone analyzed the regulatory history interpretive case law, and interpretive regulatory rulings related to 49 CFR §171.”

Seaboard Coast Line R.R. v. Mobil Chem. Co., 323 S.E.2d 849 (Ga. Ct. App. 1984). “tank cars,” and that 49 CFR § 171.2 states that “[n]o person may offer or accept a hazardous material for transportation .”

Nl Indus., Inc. v. Dep't of Transp., Fed. Aviation Admin., 901 F.2d 141 (D.C. Cir. 1990). · cites it 2× “49 C.F.R. § 171.2 (a). It thus places responsibility with one who transports hazardous materials or causes them to be transported, regardless of whether that person is a shipper or a carrier in either ordinary language or legal discourse relating to common carriers.”

United States v. Robert Bruce Campbell, 711 F.2d 159 (11th Cir. 1983). “§ 5861 (d); and Count III: offering firearms for air shipment that were not properly packaged, 49 C.F.R. § 171.2 and 49 U.S.C.A. § 1809 (b).”

United States v. Sabretech, Inc., 271 F.3d 1018 (11th Cir. 2001). “§ 2 , and 49 C.F.R. §§ 171.2 (a), 171.3(a), 172.202(a)(l)-(5), 172.”

Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015). · cites it 2× “ORRCO cites 49 CFR section 171.2(f), which provides, in part: “No person may transport a hazardous material in commerce unless the hazardous material is transported in accordance with applicable requirements of this subchapter, or an exemption or special permit, approval, or…”

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— 49 C.F.R. § 171.2(b) — 1 case

N. Indiana Pub. Serv. Co. v. State, 504 N.E.2d 311 (Ind. Ct. App. 1987).

— 49 C.F.R. § 171.2(f) — 2 cases

In re LMD Integrated Logistic Servs., Inc. v. Pub. Util. Comm., 2016 Ohio 5385 (Ohio Ct. App. 2016). “] The Commission erred in its finding that the Commission itself even considered 49 CFR §171.2 (f), let alone analyzed the regulatory history interpretive case law, and interpretive regulatory rulings related to 49 CFR §171.”

Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015). “ORRCO cites 49 CFR section 171.2(f), which provides, in part: “No person may transport a hazardous material in commerce unless the hazardous material is transported in accordance with applicable requirements of this subchapter, or an exemption or special permit, approval, or…”

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