What does 49 CFR 171.1 (Applicability of Hazardous Materials Regulations (HMR) to persons and functions) require?

Short answer

49 CFR 171.1 requires that the Hazardous Materials Regulations (HMR) apply to persons who transport hazardous materials in commerce, cause hazardous materials to be transported, or manufacture packaging for hazardous materials. The regulation also applies to pre-transportation functions, including determining the hazard class of a material.

The rule says

"Requirements in the HMR apply to each person who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a component of a packaging that is represented, marked, certified, or sold as qualified for use in the transportation of a hazardous material in commerce." (49 CFR 171.1(a))

Pre-transportation functions include, but are not limited to, the following: (1) Determining the hazard class of a material — 49 CFR 171.1(b)(1).

In plain English

This regulation means that anyone involved in the transportation of hazardous materials, from manufacturers to carriers, must comply with the HMR. This includes not only the actual transportation of the materials but also the preparation and packaging of the materials before they are transported. The regulation also requires that pre-transportation functions, such as determining the hazard class of a material, be performed in accordance with the HMR.

What to do

• Ensure that all personnel involved in the transportation of hazardous materials are trained on the HMR and comply with its requirements.
• Review and update procedures for pre-transportation functions, such as determining the hazard class of a material, to ensure compliance with the HMR.
• Verify that all packaging and components used for hazardous materials are properly marked, certified, and maintained in accordance with the HMR.