When Do Haz-mat Regulations Apply?

Applicability of the Hazardous Material Regulations is determined by location. If in transport, storage, or disposal, a package moves onto or crosses through a public right-of-way (ie: railroad track, river, alleyway, or street) the Hazardous Material Regulations (HMR 49, Parts 171-180) apply. Packages not in compliance will be subject to fine. On private property, a packaged hazardous material does not have to comply with the HMR. In a recent letter to DOT, a company asked if HMR compliance was necessary when moving products within their corporate campus, yet over a set of railroad tracks on their property. The DOT response was that yes, even though the tracks ran through a private property, the track bed is considered a public right-of-way, and therefore, movement over the tracks must be in accordance with HMR.