«Nebraska Truck Information Guide Carrier Enforcement 2009-2010 Pro Bono Publico “for the good of the public” Dear Motor Carriers and Agricultural ...»
(1) A hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of this subchapter, is not subject to the training requirement of paragraph (a)(3) of this section.
(2) A railroad maintenance-of-way employee or railroad signalman, who does not perform any function subject to the requirements of this subchapter, is not subject to the training requirements of paragraphs (a)(2), (a)(4), or (a)(5) of this section.
Initial training for a railroad maintenance-of-way employee or railroad signalman in accordance with this section must be completed by October 1, 2006.
Hazardous Material Safety Permit Who must hold a safety permit? (Part 385.403) After the date following January 1, 2005, that a motor carrier is required to file a Motor Carrier Identification Report Form (MCS-150) according to the schedule set forth in §390.19(a) of this chapter, the motor carrier may not transport in interstate or intrastate commerce any of the following hazardous materials, in the quantity indicated for each,
unless the motor carrier holds a safety permit:
(a) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in §173.403 of this title;
(b) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material or an amount of a Division 1.5 (explosive) material requiring placarding under part 172 of this title;
(c) More than 1 liter (1.08 quarts) per package of a "material poisonous by inhalation," as defined in §171.8 of this title, that meets the criteria for "hazard zone A," as specified in §173.116(a) or §173.133(a) of this title;
(d) A "material poisonous by inhalation," as defined in §171.8 of this title, that meets the criteria for "hazard zone B," as specified in §173.116(a) or §173.133(a) of this title in a bulk packaging (capacity greater than 450 L [119 gallons]);
(e) A "material poisonous by inhalation," as defined in §171.8 of this title, that meets the criteria for "hazard zone C," or "hazard zone D," as specified in §173.116(a) of this title, in a packaging having a capacity equal to or greater than 13,248 L (3,500) gallons; (including Anhydrous Ammonia) or (f) A shipment of compressed or refrigerated liquefied methane or liquefied natural gas, or other liquefied gas with a methane content of at least 85 percent, in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons).
Additional information may be found on FMCSA’s website: www.fmcsa.dot.gov
WEIGH IN MOTION AND PREPASS SYSTEMSWeigh in Motion (WIM) All Nebraska Interstate scale facilities and the Nebraska City scale facility utilize WEIGH
-IN-MOTION (WIM) which is a vehicle sorting system. This system weighs the vehicle approximately ¼ mile prior to the scale facility and determines if the weight of the vehicle is within a specified range of legal weights. The vehicle in question will get one of two messages on the message boards. One message advises the driver that the vehicle is okay to bypass, the other message advises the driver that the vehicle must exit into the scale facility.
Any vehicle operating under a Nebraska Department of Roads overweight/over dimensional permit is required to stop at all open scale facilities.
PrePass All Nebraska Interstate scale facilities and the Nebraska City scale facility utilize the PrePass system, which is a vehicle sorting system. Companies who register with PrePass for this service are issued a transponder for each vehicle entered into the system. When one of these vehicles approaches the facility the driver of the vehicle will receive one of two signals on the transponder; a green light indicating that the vehicle is okay to bypass the scale facility or a red light indicating that the vehicle must stop at the scale facility.
Drivers are instructed to always follow the PrePass in cab signal, regardless of what the Weigh-In-Motion message boards direct them to do.
GLOSSARY OF TERMSAxle Load (Single Axle): the total load transmitted to the highway by all wheels the centers of which may be included between two parallel transverse vertical planes 40” apart extending across the full width of the vehicle.
Commercial Enterprise: any business activity relating to or based upon the production, distribution, or consumption of goods or services.
Commercial Motor Vehicle (CMV) (For Purposes of Commercial Drivers License):
a motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
(a) Has a GVWR of 26,001 pounds or more inclusive of towed units with a GVWR of more than 10,000 pounds;
(b) has a GVWR of 26,001 pounds or more;
(c) Is designed to transport 16 or more passengers, including the driver; or (d) Is used in the transportation of materials found to be hazardous for the purposes of the Federal Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under 49 C.F.R. part 172, subpart F.
Commercial motor vehicle does not include :
(a) a farm truck as defined in section 60-325 other than a combination of trucktractors and semi trailers when such farm truck is operated within 150 miles of the registered owner's farm or ranch, (b) any recreational vehicle as defined in section 60-347 or motor vehicle towing a cabin trailer as defined in sections 60-314 and 60-339, (c) any emergency vehicle operated by a public or volunteer fire department, or (d) any motor vehicle owned or operated by the United States Department of Defense or Nebraska National Guard when such motor vehicle is driven by persons identified in section 60-4,131.01.
Commercial Motor Vehicle (CMV) (For Purposes of the Federal Regulations):
any self-propelled or towed motor vehicle used on a highway in interstate commerce or
intrastate commerce to transport passengers or property when the vehicle:
(a) Has a GVWR or GCWR or gross vehicle weight or gross combination weight of 10,001 pounds or more, whichever is greater;
(b) Is designed or used to transport more than 8 passengers, including the driver, for compensation;
(c) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (d) Is used in transporting material found to be hazardous and such material is transported in a quantity requiring placarding pursuant to section 75-364.
Dummy Axle: an axle attached to a vehicle or vehicle combination in a manner so that it does not articulate or substantially equalize the load and does not carry at least the lesser of 8,000 pounds or 8% of the gross weight of the vehicle or vehicle combination, including the load.
Farmer: any person who operates a farm or is directly involved in the cultivation of land,
crops, or livestock which:
(a) Are owned by that person; or (b) Are under the direct control of that person.
Farm Truck: a truck or sport utility vehicle, including any combination of a truck, trucktractor, or sport utility vehicle, and a trailer or semi trailer, of a farmer or rancher :
(a) Used exclusively to carry a farmer's or rancher's own supplies, farm equipment, and household goods to or from the owner's farm or ranch, (b) Used by the farmer or rancher to carry his or her own agricultural products to or from storage or market, (c) Used by a farmer or rancher in exchange of services in such hauling of supplies or agricultural products, or (d) Used occasionally to carry camper units, to tow boats or cabin trailers, or to carry or tow museum pieces or historical vehicles, without compensation, to events for public display or educational purposes.
For-Hire Motor Carrier: a person engaged in the transportation of goods or passengers for compensation.
Full Trailer: any vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Gross Combination Weight Rating (GCWR): the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding either the GVWR or gross vehicle weight of the motor vehicle plus the GVWR or gross vehicle weight of the towed unit or units.
Gross Vehicle Weight Rating (GVWR): the value specified by the manufacturer as the loaded weight of a single motor vehicle. In the absence of such value specified by the manufacturer or the absence of any marking of such value on the vehicle, the gross GVWR shall be determined from the sum of the axle weight ratings of the vehicle or the sum of the tire weight ratings as marked on the sidewall of the tires, whichever is greater.
In the absence of any tire sidewall marking, the tire weight ratings shall be determined for the specified tires from any of the publications of any of the organizations listed in 49 C.F.R. 571.119.
Highway: the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Idle Reduction Technology (Auxiliary Power Unit or APU): any device or system of devices that is installed on a heavy-duty diesel-powered on-highway truck or truck-tractor and is designed to provide to such truck or truck-tractor those services, such as heat, air conditioning, or electricity, that would otherwise require the operation of the main drive engine while the truck or truck-tractor is temporarily parked or remains stationary.
Implement Of Husbandry: every vehicle or implement designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and used primarily off any highway.
Interstate Commerce: trade, traffic, or transportation provided in the furtherance of a
commercial enterprise in the United States:
(a) Between a place in a state and a place outside of such state, including a place outside of the United States;
(b) Between two places in a state through another state or a place outside of the United States; or (c) Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.
Intrastate Commerce: any trade, traffic, or transportation provided in the furtherance of a commercial enterprise between any place in the State of Nebraska and any other place in Nebraska and not through any other state.
Motor Carrier: a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories. This definition includes the terms employer and exempt motor carrier.
Motor Vehicle (For purposes of the Federal Regulations): any vehicle, truck, trucktractor, trailer, or semi trailer propelled or drawn by mechanical power except :
(a) farm tractors, (b) vehicles which run only on rails or tracks, and (c) road and general-purpose construction and maintenance machinery which by design and function is obviously not intended for use on a public highway, including, but not limited to, motor scrapers, earthmoving equipment, backhoes, trenchers, motor graders, compactors, tractors, bulldozers, bucket loaders, ditch digging apparatus, asphalt spreaders, leveling graders, power shovels, and crawler tractors.
Motor Vehicle (For purposes of Nebraska Registration): any vehicle propelled by any
power other than muscular power except :
(a) mopeds, (b) farm tractors, (c) self-propelled equipment designed and used exclusively to carry and apply fertilizer, chemicals, or related products to agricultural soil and crops, agricultural floater-spreader implements, and other implements of husbandry designed for and used primarily for tilling the soil and harvesting crops or feeding livestock, (d) power unit hay grinders or a combination which includes a power unit and a hay grinder when operated without cargo, (e) vehicles which run only on rails or tracks,
Motor Vehicle (For purposes of Nebraska Registration) CONTINUED:
(f) off-road designed vehicles, including, but not limited to, golf carts, go-carts, riding lawnmowers, garden tractors, all-terrain vehicles, snowmobiles registered or exempt from registration under sections 60-3,207 to 60-3,219, and minibikes, (g) road and general-purpose construction and maintenance machinery not designed or used primarily for the transportation of persons or property, including, but not limited to, ditch digging apparatus, asphalt spreaders, bucket loaders, leveling graders, earthmoving carryalls, power shovels, earthmoving equipment, and crawler tractors, (h) self-propelled chairs used by persons who are disabled, (i) electric personal assistive mobility devices, and (j) low-speed vehicles.
Out-of-Service Order: a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R. 386.72, 392.5, 395.13, or 396.9, or compatible laws or the North American Uniform Out-of-Service Criteria.
Private Motor Carrier: a person who provides transportation of property or passengers by commercial motor vehicle and is not a for-hire motor carrier.
Semi-trailer: any vehicle, with or without motive power, designed to carry persons or property and to be drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.