August 2015 SPRAY 23 Topics in Transportation cific restrictions and prohibitions so that there are no surprises later. For example, a particular steamship line may not be certificated to carry certain cargoes on board their ships. This is critical information that needs to be clearly communicated beforehand. Carriers and forwarders should also make it clear that hidden hazardous materials shipments will not be tolerated and will be reported immediately to the authorities, as required. Most importantly, both carriers and shippers should know the rules before they enforce the rules. Both carriers and shippers should have received the requisite for the modes they are using to move the goods. Both parties should also research and obtain written letters of interpretation from the U.S. Dept. of Transportation (DOT) for those issues subject to interpretation. Shippers and carriers should clearly communicate their requirements and expectations prior to entering into a contract for carriage. Shippers and carriers are a neutral third party consultant, and even the DOT’s Pipeline & Hazardous Materials Safety Administration (PHMSA) for expert opinions on the regulatory requirements. They shouldn’t waste precious time and resources trying to interpret these very complex these resources to resolve any conflicts that may arise after the shipment is tendered and the questions “Who is responsible?” and “Who should pay?” invariably get sorts to help resolve these conflicts before involving a regulatory agency, which may cite both parties for failure to comply with the regulatory requirements. If you have any questions regarding carrier conferences, regulatory interpretations or expediting frustrated shipments, contact the author at steve@shipmate.com or call (310) 370-3600, or contact DOT’s Pipeline & Hazardous Materials Safety Administration’s Hazmat Helpline at (800) 467-4922. SPRAY initial and recurrent hazardous materials training also encouraged to seek the advice and counsel of rules and requirements. Likewise, they should consider using asked. The third party can act as an arbitrator of involv ing
Spray August 2015
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