Hazmat Safety Permits: Which Loads Need a Permitted Carrier

Loads that require a permit

Section 385.403 lists the materials that require one, each with a quantity threshold, summarized below.

Check the shipping papers and the shipper’s classification against that list before quoting. Most placarded hazardous materials do not need a permit, but they still need a carrier whose operation and insurance fit the load.

• A highway route-controlled quantity of Class 7 radioactive material.
• More than 25 kg (55 pounds) net of Division 1.1, 1.2 or 1.3 explosives, or a placardable amount of Division 1.5.
• More than one liter per package of a material poisonous by inhalation in hazard zone A.
• A hazard zone B poison-inhalation material in bulk packaging.
• A hazard zone C or D poison-inhalation material in packaging of 3,500 gallons or more.
• Methane, natural gas or another gas at least 85 percent methane, compressed or refrigerated liquid, in bulk packaging of 3,500 gallons or more.

Sources: 49 CFR part 385, subpart E: hazardous materials safety permits

What a carrier needs to hold one

Under 385.407, the carrier must have a Satisfactory safety rating from FMCSA or an equivalent state program. FMCSA will not issue a permit to a carrier that does not certify a satisfactory security program, has a crash rate or a driver, vehicle, hazmat or total out-of-service rate in the top 30 percent of the national average, or lacks the required financial responsibility. It must also be registered with PHMSA. What each rating means is covered in the guide to FMCSA safety ratings.

A carrier that does not meet the rating criteria may receive a temporary permit for 180 days or until it is rated, extendable by 60 days, if it certifies full compliance and is not in the top 30 percent for crashes or out-of-service rates. A less than Satisfactory rating makes it ineligible. Out-of-service rates need their denominators, explained in the guide to carrier inspection rates.

Sources: 49 CFR part 385, subpart E: hazardous materials safety permits; FMCSA: Insurance filing requirements

Where to check the permit

Section 385.417 requires a carrier to give its permit number on request to a person offering a permit-required material for transport, and says the number is available to the public on SAFER. Ask for it, then check it.

VerifyCarrier’s DOT lookup shows the hazardous-materials indicator and carrier operation from the FMCSA Company Census File, such as Intrastate only (hazmat). That indicator records that the carrier reported hazardous-materials operations; it is not a permit. Intrastate carriers that need a permit must still register for a USDOT number, file Form MCS-150B and follow these rules, as explained in the guide to interstate and intrastate carriers.

Sources: 49 CFR part 385, subpart E: hazardous materials safety permits; FMCSA: Do I need a USDOT number? (including states that require one for intrastate carriers); 49 CFR 390.19T: biennial registration updates

How a permit is suspended or revoked

A permit lasts two years unless suspended or revoked, and renews through the carrier’s registration update. Under 385.421, grounds include failing to renew, false information, a final less than Satisfactory rating, failing to keep a security plan, failing to comply with an out-of-service or other order, losing financial responsibility or PHMSA registration, and losing registration for unpaid civil penalties.

The first time a ground applies, the permit is suspended; if it was suspended before, it is revoked, and a revoked carrier cannot get a new permit for 365 days. A final less than Satisfactory rating takes effect against the permit immediately. Insurance minimums are higher for these loads: the FMCSA filing chart shows $5,000,000 for carriers of explosives, poison gas or radioactive materials, and the guide to verifying carrier insurance covers how to read a filing.

Sources: 49 CFR part 385, subpart E: hazardous materials safety permits; FMCSA: Insurance filing requirements

During transport

Under 385.415, a vehicle carrying a permit-required load must carry the permit number, a written route plan for explosives and radioactive shipments, and the phone number of a carrier employee or representative who knows the route and answers directly at all times; an answering machine does not qualify. The driver must contact the carrier at the start and end of each duty tour and at pickup and delivery, and the carrier keeps those records for six months.

A recommended pre-tender step: ask for the permit number and the monitoring contact, and record both with the load. An illustrative note: “Load: Division 1.1 explosives, 400 kg. Carrier permit number provided and found on SAFER; rating Satisfactory; route plan and 24-hour contact confirmed.”

Sources: 49 CFR part 385, subpart E: hazardous materials safety permits