Thank you for the explanation. So let’s say a faculty member needs to ship a sample somewhere for analysis (NMR, X-Ray Chrom, etc.) to a none governmental agency or private university, since that shipment is not meant to “further a commercial enterprise” it would not be applicable?
Really quick rundown....
49 U.S. Code =A7 13501 - General jurisdiction:
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier
49 U.S. Code =A7 13102 - Definitions:
Motor private carrier.—The term “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when—
(A) the transportation is as provided in section 13501 of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
Any person who transports hazardous material in commerce or causes hazardous material to be transported in commerce is subject to Federal hazardous material transportation laws.
A "person" includes: "a government, indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise.
So, if you are a government agency (State University), moving government materials for a governmental purpose, from one governmental location to another governmental location - the transportation is not in commerce and is not subject to 49 U.S. Code =A7 13501 or 49CFR 171
If you ship hazardous materials using a service (fedex, ups, etc) you are subject to all of the regulations - just like anyone else.
Hope this helps.
Edward M. Movitz
Research & Environmental Compliance Officer / FSO
The University of Mississippi
100 Health and Safety Building
P.O. Box 1848
University, MS 38677-1848
O:+1-662-915-5433 | F: 662-915-5480
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