What does 49 CFR 180.3 (General requirements) require?
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Short answer
Four things are prohibited by 49 CFR 180.3:
1. Representing a packaging or container as meeting the requirements of this part without proper marking, maintenance, reconditioning, repair, or retesting.
2. Making certain representations, markings, and certifications without proper authorization.
3. Selling or offering a packaging or container that does not meet the requirements of this part.
4. Failing to properly mark, maintain, recondition, repair, or retest a packaging or container.
The rule says
"No person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements of this part, or a special permit pertaining to this part issued under subchapter A of this chapter, unless it is marked, maintained, reconditioned, repaired, or retested, as appropriate, in accordance with this part, an approval issued thereunder, or a special permit issued under subchapter A of this chapter." (49 CFR 180.3(a))
1. "1. Identifications that include the letters DOT, MC, ICC, or UN"
2. "2. Special permit, approval, and registration numbers that include the letters DOT"
3. "3. Test dates displayed in association with specification, registration, approval, or exemption markings indicating conformance to a test or retest requirement of this subchapter, an approval issued thereunder, or a special permit issued under subchapter A of this chapter"
4. "4. Documents indicating conformance to the testing, inspection, maintenance or other continuing qualification requirements of this part"
5. "5. Sales literature, including advertising, indicating that the packaging or container represented therein conforms to requirements contained in subchapter A or C of this chapter." (49 CFR 180.3(b))
In plain English
49 CFR 180.3 sets out general requirements for the representation, marking, and certification of packagings and containers used for the transportation of hazardous materials. The rule prohibits making false or misleading claims about a packaging or container's compliance with regulations, and requires that packagings and containers be properly marked, maintained, reconditioned, repaired, or retested. Inspectors will check for proper markings and certifications, and non-compliance can result in penalties and fines.
What to do
- Ensure that all packagings and containers used for hazardous materials transportation are properly marked, maintained, reconditioned, repaired, or retested.
- Verify that all representations, markings, and certifications are accurate and authorized.
- Review sales literature and advertising to ensure that it accurately reflects the packaging or container's compliance with regulations.
- Train personnel on the requirements of 49 CFR 180.3 and the importance of compliance.
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