Fuel Smarts

ATA Urges PHMSA to Reconsider Proposed Hazmat Carrier Fitness Rules

August 19, 2010

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In a testimony before the Department of Transportation Pipeline and Hazardous Materials Safety Administration, American Trucking Associations Vice President Rich Moskowitz told the agency that proposed standards for hazardous material carrier fitness were unacceptable
PHMSA has been making changes to its change its special permits program for hazardous materials haulers. ATA provided its feedback recently.
PHMSA has been making changes to its change its special permits program for hazardous materials haulers. ATA provided its feedback recently.
, according to ATA's Truckline newsletter.

The public meeting was held to discuss establishing fitness criteria for entities applying for or renewing hazardous materials special permits. However, the ATA said the proposal goes far beyond the statutory requirement of ensuring an equivalent level of safety and would create overly restrictive qualification criteria for motor carriers.

ATA voiced its concern over PHMSA's use of incident reports and out-of-service violations without taking into account the number of vehicles operated by each carrier. ATA also objects to the use of incidents without determining whether the carrier was at fault and the use of warning letters and civil enforcement cases that were not formally adjudicated.

The proposal is the latest move by PHMSA to change its special permits program, which came under scrutiny following a report from the DOT Inspector General.

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