NAC459.9785. Prerequisites to transportation of hazardous materials for which federal safety permit required.

A motor carrier shall not transport upon a public highway of this State any hazardous material set forth in 49 C.F.R. § 385.403, in the quantity indicated for each, unless the motor carrier:

     1. Holds a uniform permit and a safety permit issued by the Federal Motor Carrier Safety Administration of the United States Department of Transportation;

     2. Has a “Satisfactory” safety rating assigned by the Federal Motor Carrier Safety Administration as required by 49 C.F.R. § 385.407(a);

     3. Certifies that it has a satisfactory security program as required by 49 C.F.R. § 385.407(b), including:

     (a) A written route plan that meets the requirements of 49 C.F.R. § 397.101; and

     (b) A communication plan that allows for contact between the operator of a motor vehicle used to transport such hazardous material and the motor carrier, to meet the periodic contact requirements set forth in 49 C.F.R. § 385.415(c)(1);

     4. Does not have a crash rate in the top 30 percent of the national average, as indicated in the Motor Carrier Management Information System of the Federal Motor Carrier Safety Administration;

     5. Does not have a driver, vehicle, hazardous materials or a total out-of-service rate in the top 30 percent of the national average, as indicated in the Motor Carrier Management Information System of the Federal Motor Carrier Safety Administration;

     6. Requires all of its hazardous materials employees to complete successfully the security training required by 49 C.F.R. § 172.704(a)(4) and (a)(5); and

     7. Registers with the Research and Special Programs Administration of the United States Department of Transportation in accordance with 49 C.F.R. Part 107, Subpart G.

     (Added to NAC by Dep’t of Pub. Safety by R203-05, eff. 2-23-2006)