Current through Register Vol. 49, No. 2, February 2024
RULES GOVERNING INTRASTATE TRANSPORTATION OF HAZARDOUS MATERIALS
IN THE STATE OF ARKANSAS
RULE 1.1
DEFINITIONS:
(a) .
CARRIER. The term "carrier" shall be defined as any
person engaged, directly or by agent or employee, in the transportation of
property by land, air, or private carrier.
(b) . HAZARDOUS
MATERIAL. The term "hazardous material" shall be defined as any
substance or material which has been determined by the Secretary of
Transportation to be capable of posing an unreasonable risk to health, safety,
and property when transported in commerce and which has been so
designated.
(c) . NURSE
TANKS. The term "nurse tank" shall be defined as a tank with a
capacity of 3000 gallons or less, used to transport liquids for agricultural
purposes.
(d) .
TRANSPORT. The term "transport" shall be defined to
mean shipping or transportation of property by carrier.
(e) . OTHER TERMS.
All terms not otherwise defined herein, shall have the same meanings as set
forth in Section 2 of Act 421 of 1977, and 49 CFR §§ 100-199 (1976), as
amended, unless clearly inconsistent with the purposes of this order. Terms
which are neither defined herein or in the above mentioned act and compilation
shall have the ordinary practical meaning.
RULE 1.2
ADOPTION OF DOT
REGULATIONS:
Every carrier of hazardous materials shall comply with the
regulations of the United States Department of Transportation, Materials
Transportation Bureau, as compiled in, 49 CFR §§ 100-199 (1976).
RULE 1.3.
AMENDMENTS:
(a) .
Each notice required by §
171.15(b) shall
also be given to the Arkansas State Police, who shall immediately notify the
Office of Emergency Services, who shall, at the earliest practicable moment,
notify the Arkansas Transportation Commission, Arkansas Health Department, and
Department of Pollution Control and Ecology.
(b) .
EXEMPTIONS:
(1) . Vehicles with less than 20,000 pounds
gross vehicle weight shall be exempted, where such vehicles are used in
distribution or application of hazardous mate rials in immediate farming
operation.
This shall be construed to exempt "nurse tanks", provided, the
operation on the public highway is restricted to speeds of 25 miles per hour or
less.
(2) . Tank trucks
constructed for transportation of liquified petroleum gas, built and purchased
before December 31, 1978, shall be exempted from 49 CFR 5178.337 (1976), so
long as said trucks shall continue to meet the required standards in effect
prior to the adoption of this order (ASME
Requirements).
RULE
1.4
MINIMUM INSURANCE REQUIREMENT
AMENDMENT:
The schedule of Minimum Liability of Rule
13.1, General Rules of Practice
and Procedure (1973), is hereby amended to include the following;
Each motor vehicle used to transport hazardous material:
$100,000.00 for bodily injuries to or death of 1 person.
$300,000.00 for bodily injuries to or death of all persons
injured or killed in any one accident.
$100,000.00 for loss or damage in any one accident to the
property of others.
RULE 1.5
Rules shall be subject to future amendments, exemptions, and
other modifications as the Commission recognizes that such modifications are
necessary for safe transportation of hazardous
materials.
