14-001 Code Vt. R. 14-055-001-X
Action 1 An existing rule entitled "Rules For Transportation of Hazardous Materials" is amended which consists of the regulations promulgated by the U.S. Department of Transportation contained in Parts 100-199, revised October 01, 1992; Parts 390-397 and 399 revised October 01, 1992 of the Code of Federal Regulations Title 49; and Parts 71 and 73 of Title 10 revised January 01, 1992; and any amendments thereto, with the following modifications:
ACTION 2
Any law enforcement officer of the state of Vermont and its municipalities including but not limited to Motor Vehicle Inspectors, State Police Officers, Sheriffs, Chiefs of Police and Municipal Police Officers, shall have the authority to enforce the rules and regulations pertaining to the Transportation of Hazardous Materials adopted by the Secretary of the Agency of Transportation.
In order to enforce the rules and regulations as adopted, the Law Enforcement Officer must satisfactorily complete a Certification Course as prescribed by the U.S. Department of Transportation's Federal Highway Administration in the Federal Motor Carrier Safety Regulations, Safety Inspection Procedures and Out-Of-Service Criteria, with at least annual in-service training covering the prescribed instruction.
Any law enforcement officer in the course of enforcing these rules and regulations is authorized to enter upon, to inspect, and to examine any and all vehicles and loads carried, lands, buildings, and equipment of any person subject to these rules and regulations, and to inspect and copy any and all accounts, books, records, memoranda, correspondence and other documents.
Every person subject to these regulations shall submit their accounts, books, records, memoranda, correspondence and other documents for inspection and copying and they shall submit their vehicle and loads, land, buildings, and equipment for examination and inspection to any member of the Agency of Transportation upon demand after being furnished with appropriate identification by that person, and likewise to any law enforcement officer acting within the scope of his/her duties and authority with respect to these rules and regulations.
Each Motor Carrier who transports hazardous materials and is required to return notices, reports, and information on a periodic or incident basis under the regulations, shall likewise notify the Agency of Transportation in the same manner as is required for Federal Agencies. A copy of written reports furnished to any Federal Agency will be accepted. Reports shall be made to the Agency of Transportation, Department of Motor Vehicles, Commercial Vehicle Enforcement Unit, 120 State Street, Montpelier, Vermont 05603-0001. Contact by telephone may be made to the Department at (802) 828-2078. (See 49 CFR Section 171.15; 171.16; 174.45; 175.31; 176.45; 177. 807; 390.9; 392.40 and Part 394).
Penalties for violations of these rules shall be as provided in 5 VSA § 2001 and as adopted in "Schedule of Penalties" as prescribed in 23 VSA § 2302.
To insure Driver/Vehicle Examination Reports are returned in a timely manner (within 15 days from date of issue) and that all violations noted have been corrected by the Carrier.
A Driver/Vehicle Examination Report form approved by the Secretary of the Agency of Transportation for the Vermont Motor Carrier Safety Assistance Program.
Whenever an Inspection Report is not received by the Agency of Transportation, Commercial Vehicle Enforcement Unit within 15 days from the date of inspection as required, a letter will be sent to the Motor Carrier/Operator along with a copy of the original inspection report. The letter will advise the Carrier/Operator that the report, with its signed certification of compliance, has not been received. It will give the Carrier/Operator an additional 10 days to return the report certifying compliance.
If the Motor Carrier/Operator does not respond to the written notification as outlined above within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor vehicles asking that the Motor Carriers Registration(s) be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) to determine if:
Compliance Enforcement (Foreign Registered Vehicles):
If the Motor Carrier/Operator does not respond to the written notification as outlined in paragraph III within 30 days from the date of the original inspection, the Agency's Commercial Vehicle Enforcement Unit will submit a request to the Commissioner of Motor Vehicles asking that the Motor Carrier's or operator's privilege to operate in Vermont be suspended indefinitely until compliance is manifested. The Secretary, or his/her authorized representative, may also demand the carrier or operator provide documentation of repair in such form as may be prescribed by the Department and an officer may also then re-inspect the vehicle(s) to determine if:
After completing the reinspection, the Inspector will submit a new Driver/Vehicle Examination Report noting whether or not the original violation(s) still exist. This follow-up report will be attached to the original in a closed file if the original violations have been corrected, and a written report will be forwarded to the Commissioner to reinstate the vehicle registration. Should the follow-up report reveal non-compliance, the original and follow-up reports will be placed in a pending file for further action.
The authority to make such suspension by the Commissioner is contained in Title 23 VSA 308(2), (3).
ACTION 3.
HAZARDOUS WASTE TRANSPORTATION VEHICLE PERMIT
ACTION 4.
TRANSPORTATION OF RADIOACTIVE MATERIALS: PREFERRED ROUTES
No Motor Carrier may transport Fissile Radioactive Materials [ 49 CFR 173.403(J) ] or Highway Route Radioactive Materials [ 49 CFR 173.403(L) ] as defined by the United States Department of Transportation except on designated preferred routes and in the manner prescribed by those regulations and parts 172, 173 and 177 of 49 CFR.
A "preferred route" shall consist of routes as defined in 49 CFR Section 177.825, and Title 5, Vermont Statutes Annotated, Section 2003.
INCORPORATION BY REFERENCE STATEMENT
(Please complete the following, in addition to filing a copy of any material incorporated by reference by this rule).
The regulations promulgated by the U.S. Department of Transportation contained in parts 100-199 revised October 1, 1992; 390-397 and 399 revised October 1, 1992 of the Code of Federal Regulations; and by the Nuclear Regulatory Commission Parts 71 and 73 of Title 10 revised January 1, 1992 and any amendments thereto.
Copies of the applicable volume of the code of Federal Regulations may be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. There are also several private vendors who publish these regulations.
| Cost | ||
1) | Title 49, Parts 100 to 177 | $ 27.00 |
Revised as of Oct. 01, 1992 | ||
2) | Title 49 Parts 178 to 199 | $ 19.00 |
Revised as of Oct. 01, 1992 | ||
3) | Title 49 Parts 200 to 399 | $ 27.00 |
Revised as of Oct. 01, 1992 | ||
4) | Title 10 Parts 0 to 199 | $ 43.00 |
Revised as of Jan. 01, 1992 |
The modifications delete certain sections of the regulations not applicable to Vermont; adds certain revisions to the regulations and reporting requirements; defines who in Vermont will enforce these regulations; establishes permit requirements for transporting hazardous waste; establishes preferred routes for the transportation of radioactive materials; and provides for interpretation of Federal Agencies and titles such as State of Vermont Agency of Transportation and Secretary of Transportation.
* [Drivers 18 years of age are acceptable provided they are licensed in Vermont and are only operating Intrastate] *. In addition by adding the clause "and any amendments thereto" Vermont will adopt the latest federal rules as they are promulgated and published through the Federal Register with the following exceptions to existing rules:
The Federal Regulations adopted consist of more than 3300 pages of detailed requirements which have additional cross references plus other material incorporated by reference. Reprinting these regulations would only create confusion for the transporters of Hazardous Materials and would be an additional and unnecessary expense to the State of Vermont.
CERTIFICATION: AS THE ADOPTING AUTHORITY (See 3 VSA 801 (b) (11) for definition) OF THIS RULE, I CERTIFY THAT THE TEXT OF THE MATTER INCORPORATED HAS BEEN REVIEWED BY Ron Macie, AN OFFICIAL OF THE AGENCY. I FURTHER CERTIFY THAT THE AGENCY HAS THE CAPACITY AND THE INTENT TO ENFORCE THE RULE.
DATE: 4-27-93
....
(Sign here)
Patrick J. Garahan
(Type name here please)
Secretary of Transportation
14-001 Code Vt. R. 14-055-001-X
AMENDED: April 27, 1993