What does 49 CFR 107.1 (Definitions) require?

Short answer

49 CFR 107.1 defines terms used in the regulations, including "acting knowingly", "Administrator", and "Competent Authority". It also establishes the meaning of other key terms related to hazardous materials transportation.

The rule says

"All terms defined in 49 U.S.C. 5102 are used in their statutory meaning." (49 CFR 107.1)

"Acting knowingly means acting or failing to act while (1) Having actual knowledge of the facts giving rise to the violation, or (2) Having the knowledge that a reasonable person acting in the same circumstances and exercising due care would have had." (49 CFR 107.1)

"Competent Authority means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation." (49 CFR 107.1)

In plain English

These definitions are crucial for understanding the regulations related to hazardous materials transportation. The term "acting knowingly implies that a person or organization has actual knowledge or should have had knowledge of the facts leading to a violation. The .Competent Authority" refers to a national agency responsible for regulating hazardous materials transportation, which in the US is the Pipeline and Hazardous Materials Safety Administration (PHMSA).

What to do

• Review the definitions in 49 CFR 107.1 to ensure understanding of key terms related to hazardous materials transportation.
• Verify that your organization is complying with the regulations by acting in accordance with the defined terms.
• Identify the Competent Authority relevant to your operations and ensure compliance with their regulations.