By Andy Altemos, Senior Technical Advisor    November, 2007

Third Parties: Offerors or advisors? It makes a difference.

Sections 107.601, 171.1, and 172.800,
letter dated September 21, 2007
to Mr. Steve R. Tekosky,
Tatro Tekosky Sadwick LLP

Given the increasing use of third parties to assist companies with performing some or all of their hazardous materials transportation functions, in recent years we have drawn attention to a number of DOT interpretation letters that address the responsibilities of the parties in such arrangements. This letter is of particular interest in this regard - especially as it applies to the third party requirements relating to registration as an offeror or transporter of hazardous materials, for the preparation of security plans and for training.

The key to determining the extent to which the HMR requirements apply to a third party, such as a contractor or consultant, is whether that party is considered “a person who offers for transportation or transports a hazardous material in commerce”. Included as a person who offers a hazardous materials for transportation would be any person who - apart from physically tendering a hazardous material to a carrier - performs a pre-transportation function, as enumerated in the letter and in § 171.1(b) of the Hazardous Materials Regulations (HMR).

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