The economy relies upon the trucking industry to transport essential supplies. Often, those supplies include dangerous or hazardous materials. Unfortunately, improperly handling hazardous materials or accidents involving vehicles carrying them can pose a safety risk to other motor vehicles using the highway. There are specific laws in place that trucking companies and drivers must follow to comply with essential safety regulations.
What Are Considered Hazardous Materials?
Hazardous materials are also known as “hazmat”. Under 49 CFR § 172.101, the U.S. Department of Transportation regulates the identification, transport restrictions, labeling and packaging, quantity limits, and safe storage requirements of these materials during transport. Key symbols on packaging help to indicate the specific class and any particular transport restrictions.
Classes of Hazardous Materials
Hazardous materials are split into different classes depending on the danger they pose. These classes are outlined in 49 CFR § 173.2:
- Explosives (Class 1): Examples include fireworks, dynamite, and ammunition.
- Gases (Class 2): Propane, oxygen tanks, chlorine.
- Flammable Liquids (Class 3): Gasoline, ethanol.
- Flammable Solids and Spontaneously Combustible Materials (Class 4): Matches, phosphorus.
- Oxidizers and Organic Peroxides (Class 5): Hydrogen peroxide, ammonium nitrate.
- Poisonous Materials and Infectious Substances (Class 6): Cyanide, medical waste, pesticides.
- Radioactive Materials (Class 7): Uranium, radioactive medical chemicals.
- Corrosive Materials (Class 8): Battery acid.
Buffalo Laws on Transportation of Hazardous Materials
States and municipalities typically have specific laws that regulate the transport of hazardous materials so that they can travel in a safe manner. In Buffalo, Buffalo City Code § 235 states that:
“A. All persons engaged in the transportation of hazardous materials by motor vehicle shall classify, describe, package, mark, label, prepare and transport all hazardous materials in accordance with the regulations promulgated by the United States Department of Transportation contained in 49 CFR 170 through 189, which regulations are hereby adopted in toto. B. All persons engaged in the transportation of hazardous wastes by motor vehicle shall comply with the requirements of the United States Environmental Protection Agency as set forth in 42 CFR 263. In addition, those carriers and persons engaged in the transportation of hazardous wastes shall comply with the appropriate regulations listed in 49 CFR 170 through 189. C. All persons engaged in the transportation of radioactive materials by motor vehicle shall comply with the requirements established by the Secretary of the United States Department of Transportation and listed in 49 CFR 171, 172, 173 and 177.”
These laws require New York truck drivers to follow the U.S. Department of Transportation laws with regard to classifying, describing, packaging, marking, labeling, and the transportation of hazardous materials. Regulations from the Environmental Protection Agency also need to be followed. For radioactive materials, there are even tighter regulations in place to minimize the risk of radiation exposure and contamination.
Hazardous materials can cause incredibly severe accidents. If you are a victim of a New York truck accident involving hazardous materials, Towey Law, PLLC is here to assist. Our truck accident lawyers will walk you through the legal process. Call us today for your free consultation at (716) 300-8232 and find out how we can help you.