Hazardous Materials Transportation Act

The Hazardous Materials Transportation Act of 1975 gave the US Department of Transportation authority to regulate the transportation of hazardous materials in commerce by all modes and is the legal basis of the Hazardous Materials Regulations.

1975 US federal Enforced by PHMSA 49 U.S.C. 5101 et seq.

What it requires

Signed January 3, 1975 and now codified at 49 U.S.C. 5101 and following sections, the Act authorizes DOT, through PHMSA, to designate hazardous materials and set rules on packaging, labeling, documents, handling and training for anyone who offers or transports them. It preempts conflicting state and local rules. Civil penalties are up to $102,348 per violation, or $238,809 if a violation causes death, serious injury or substantial property destruction, with a $617 minimum for training violations, and knowing violations can bring criminal penalties.

Why it matters

The HMTA is the legal basis for penalties against shippers that send hazmat in parcels without proper packaging, training or marks, and the fines are steep. Any fulfillment operator packing products such as aerosols, lithium batteries, nail polish or cleaning chemicals is a hazmat offeror under the law. For example, an e-commerce seller shipping undeclared lithium batteries through a 3PL can face PHMSA civil penalties per violation, and the 3PL that packed and offered them may also be cited. Training packers at least every three years is the core compliance step.

Related laws

Sources

Not legal advice.