Nev. Admin. Code § 459.9785

Current through November 8, 2024
Section 459.9785 - Prerequisites to transportation of hazardous materials for which federal safety permit required

A motor carrier shall not transport upon a public highway of this State any hazardous material set forth in 49 C.F.R. § 385.403, in the quantity indicated for each, unless the motor carrier:

1. Holds a uniform permit and a safety permit issued by the Federal Motor Carrier Safety Administration of the United States Department of Transportation;
2. Has a "Satisfactory" safety rating assigned by the Federal Motor Carrier Safety Administration as required by 49 C.F.R. § 385.407(a);
3. Certifies that it has a satisfactory security program as required by 49 C.F.R. § 385.407(b), including:
(a) A written route plan that meets the requirements of 49 C.F.R. § 397.101; and
(b) A communication plan that allows for contact between the operator of a motor vehicle used to transport such hazardous material and the motor carrier, to meet the periodic contact requirements set forth in 49 C.F.R. § 385.415(c)(1);
4. Does not have a crash rate in the top 30 percent of the national average, as indicated in the Motor Carrier Management Information System of the Federal Motor Carrier Safety Administration;
5. Does not have a driver, vehicle, hazardous materials or a total out-of-service rate in the top 30 percent of the national average, as indicated in the Motor Carrier Management Information System of the Federal Motor Carrier Safety Administration;
6. Requires all of its hazardous materials employees to complete successfully the security training required by 49 C.F.R. § 172.704(a)(4) and (a)(5); and
7. Registers with the Research and Special Programs Administration of the United States Department of Transportation in accordance with 49 C.F.R. Part 107, Subpart G.

Nev. Admin. Code § 459.9785

Added to NAC by Dep't of Pub. Safety by R203-05, eff. 2-23-2006

NRS 459.721, 459.725