Transportation
Volume 8, Issue 19
Question of the WeekMust I Retain Shipping Papers for Contractors? Q. 49 CFR 172.201(e) requires that "Each person who provides a shipping paper must retain a copy…" We have several contractors working at our site who may be shipping hazardous materials, and we are uncertain as to whether we need to maintain copies of their shipping papers. We maintain our own shipping papers, but the contractors want us to maintain papers for their separate shipments as well. Do we need to maintain only our own papers, or do we need to maintain all papers for shipments originating at one of our facilities?
A. If you and your site cannot in any way be deemed to be the shipper or offeror of your contractors’ shipments, then you would not have to maintain shipping papers for these materials. Presuming that the contractors are shipping their own hazardous materials (meaning the materials are not for or from your site, do not belong to you, and none of your employees are in any way associated with the preparation of the materials for shipment), then you probably cannot be considered the offeror of the materials. If you are not the offeror, then because you are not "offering" those hazardous materials, there is no regulatory reason why you would be required to maintain copies of the shipping papers. You may decide that it is a good management practice to keep copies, but this is a separate issue you would need to consider. If the materials actually belong to your site (in whole or in part) or if any of your employees participate in the preparation of the hazmat for shipment, then you could be considered at least partially the offeror (shipper) of these materials. In this situation, the case could be made that you are the shipper, especially if the materials belong to you, and you should therefore keep copies of the shipping papers. Join the conversation! Visit the hmt-mgmt Discussion Group to post comments, ask questions, and get answers!
DOT News04/30/2007—U.S. and the European Union Sign Historic Air Transport Agreement 04/30/2007—U.S., Mexican Trucks Will Begin Cross-Border Demonstration Program at Same Time 04/23/2007—U.S. Ranks Second in World Maritime Container Traffic International Transportation News05/03/2007—Moldova joins the European Agreement on Road Traffic 04/30/2007—IMO Secretary-General Mitropoulos and European Commissioner for Environment Dimas Converge on Response to Current Environmental Challenges 04/26/2007—Sub-Committee on Bulk Liquids and Gases Progresses Work on Reducing Air Pollution from Ships
Recent DOT Rules, Standards, and InterpretationsFor Lion Members and Recent Course Attendees 05/03/2007—Hazardous Materials: Revision and Reformatting of Requirements for the Authorization To Use International Transport Standards and Regulations 05/03/2007—Hazardous Materials Transportation; Miscellaneous Revisions to Registration and Fee Assessment Program To view the most recent DOT interpretive letters visit the Lion Online Library. |
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