Florida is full of commercial vehicles of a wide variety sizes that make up a large part of the vehicular traffic in the state. 

Here’s the problem – most Florida business owners aren’t aware that the state has adopted many of the Federal Motor Carrier Safety Regulations (FMCRs) that apply to both interstate and intrastate operations.

As a business owner not familiar with these rules, your operations could have significant DOT compliance gaps and regulatory risk exposure. In other words, fines and penalties. 

What is a Commercial Vehicle in Florida?

Below is the basic definition from Florida Statute 316.003 that has been edited for length. If you’re involved in motorsports, have a corporate sponsorship or want to read the whole rule, follow this link.

The Florida CMV definition follows the federal definition of a commercial vehicle pretty close but there are some important differences. 

Florida Rules for Intrastate Transportation

DOT rules (or FMCRs) that have been adopted by the state of Florida apply to commercial vehicles that operate entirely within the state of Florida (intrastate). This includes vehicles that we’re all familiar with such as tractor trailers but also dump trucks, water trucks, pickup trucks/trailer combinations (if criteria are met), construction vehicles and more. 

How many FMCRs that your intrastate operation is subject to is determined by either the gross vehicle weight (GVW), gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of the truck and trailer or both the truck and trailer combined. 

If your company’s vehicles have a GWV, GVWR or GCWR of 26,001lbs or more you must comply with DOT rules such as:

• Obtaining a DOT number
• CDL rules
• Driver qualification files
• Medical card rules
• Drug and alcohol testing
• Driver rules
• Parts and accessories (brakes, lights etc)

As well as being subject to a compliance audit. This is just the tip of the iceberg!

Smaller Commercial Vehicles

Commercial vehicles that operate entirely within Florida but are less than 26,001lbs GVW, GVWR or GCWR but are over 10,000lbs are subject only to DOT rules relating to the vehicles safety items (lights, brakes etc). 

However, if you have any vehicle that’s hauling hazardous materials that requires placarding as outlined in part 172 of the hazardous materials regulations you are subject to DOT rules regardless of the size of the vehicle.

Do D.O.T. Rules Apply To Florida Commercial Vehicles?

Yes. As we discussed above, owners and drivers of commercial vehicles are 26,001lbs gross vehicle weight, gross vehicle weight rating or gross combination weight are required to comply with 49 CFR parts 382, 383, 385, 386 and 390-397. These parts are defined as:

382 – Drug and Alcohol

383 – CDL requirements

385 – Safety Fitness Procedures

386 – Proceedings

390 – Applicability

391 – Driver Qualification

392 – Driving of CMVs

393 – Parts and Accessories

395 – Hours of Service

396 – Inspection and Maintenance

397 – Hazmat

The breakdown for how the federal rules are applied to Florida commercial vehicles is found in a separate statute (FS 316.302). This state law specifies that once you meet the definition of a commercial defined above, specific parts of the FMCSRs will be applied to you.

Florida Commercial Vehicle Examples

Here’s a few examples of the types of commercial vehicle transportation operations in Florida and how DOT (or FMCRs) would be applied to them. 

Business 1

Business one transports intermodal containers and operates vehicles that have a gvwr and/or gcwr over 26,001lbs in interstate commerce, which includes furthering an interstate move of product. 49 CFR parts 382, 383, 385, 386 and 390-397 Will apply (everything). 

Business 2

Business two is a local landscaper (no hazmat) with a pickup truck and trailer that has a gvwr and/or gcwr of 14,000lbs that operates entirely in the state of Florida (intrastate). This vehicle must comply with 49 CFR parts 382, 392, 393, 396.3(a)(1) and 396.9.

Business 3

Business three is a Florida trucking company that moves freight entirely within the state of Florida (intrastate) and operates vehicles 26,001lbs gvwr and/or gcwr. 49 CFR parts 382, 383, 385, 386 and 390-397 Will apply

Are Forestry Trucks Exempt in Florida?

No. Forestry trucks operating entirely in the state of Florida must comply with 49 CFR parts 382, 392, 393, 396.3(a)(1) and 396.9 per FS 316.002.

If the vehicle is over 26,001lbs or has three axles regardless of weight, they must display the name of the vehicle owner or motor carrier and the town their based out of on each side of the motor vehicle. 

What’s Next?

This is just a short list of rules that may be applied to your business. If you have a business in Florida that uses vehicles and you’re confused about the Florida commercial vehicle definition and you need some help?

Drop us a line or give us a call! We’d be happy to help assess your needs and get you DOT compliant with an audit or training. 

The 16 sections of an SDS (Safety Data Sheet) are a crucial part of the Global Harmonization System (GHS) and OSHA’s Hazard Communication Standard. And SDS is also helpful for hazardous materials transportation purposes as well.

What are the 16 sections in an SDS?

Paragraph (g) to 29 CFR 1910.1200 indicates the required, as well as non mandatory information to include in the SDS and the format.  Sections 1-11 and 16 are required, sections 12-15 may be included but are not required. 

If you’re a motor carrier or shipper, Section 14 will give the information you need to complete shipping papers (documentation), placards, labels, marking and other essential info for your shipment.

It’s recommended that Section 14 information is cross referenced with a current copy of the hazardous materials regulations. 

• Section 1, Identification
• Section 2, Hazard(s) identification
• Section 3, Composition/information on ingredients
• Section 4, First-aid measures
• Section 5, Fire-fighting measures
• Section 6, Accidental release measures
• Section 7, Handling and storage
• Section 8, Exposure controls/personal protection
• Section 9, Physical and chemical properties
• Section 10, Stability and reactivity
• Section 11, Toxicological information
• Section 12, Ecological information (not mandatory)
• Section 13, Disposal considerations (not mandatory)
• Section 14, Transport information (not mandatory)
• Section 15, Regulatory information (not mandatory)
• Section 16, Other information

What Is a Safety Data Sheet (SDS)?

A Safety Data Sheet (SDS), formerly known as a Material Safety Data Sheet (MSDS), is a document that provides essential information about hazardous chemicals and their safe handling in occupational settings. The SDS is a crucial component of workplace safety and hazard communication.

It provides valuable information such as hazard identification, composition and ingredients, chemical properties and transport information. 

If you ship or transport the same materials on a regular basis, you may also want to include this information as part of your dot hazmat training. 

Section 1: Identification

The Identification section provides details about your product, including alternative names, the company that produces or supplies it, and emergency contact information.

Section 2: Hazard(s) Identification.

 The Hazards Identification section summarizes the chemical’s dangers. It uses a 0-4 scale to rate risks, with 0 being least severe and 4 most severe. This information is often displayed visually using the NFPA 704 diamond or a hazard bar for quick reference. This section provides an overview of health, fire, and reactivity risks, which are detailed further in subsequent sections.

Section 3: Composition/Information on Ingredients

Section 3 of a Safety Data Sheet (SDS) provides crucial information about the composition of a product. This section details:

1. Product components:
   – Chemical substances
   – Impurities
   – Stabilizing additives

2. Required information for all substances:
   – Chemical name
   – Common name and synonyms
   – Chemical Abstracts Service (CAS) number
   – Other unique identifiers

3. Additional disclosure requirements:
   When a product contains ingredients classified as health hazards or present above concentration limits, the SDS must include:
   – Chemical names
   – Exact percentages (concentrations)

4. Percentage ranges:
   These may be used for:
   – Mixtures with batch-to-batch variation
   – Groups of substantially similar mixtures
   – Trade secret claims

5. Trade secret claims:
   If exact percentages are withheld due to trade secrets, a statement indicating this must be included in Section 3.

This comprehensive breakdown of a product’s composition is helpful for understanding its overall classification and potential health risks. The information provided helps users identify hazardous components and their concentrations, ensuring proper handling and safety measures.

Section 4: First Aid Measures

Section 4 of an SDS outlines essential first aid measures for chemical exposure. It contains:

1. Symptom descriptions:
   – Acute effects
   – Delayed effects

2. First aid instructions for exposure routes:
   – Inhalation
   – Skin contact
   – Eye contact
   – Ingestion

3. Medical recommendations:
   – Immediate care procedures
   – Special treatments, if required

This section guides untrained responders in providing initial assistance to exposed individuals. It emphasizes the most critical symptoms and effects, ensuring appropriate and timely response to chemical incidents. The information enables responders to address both immediate and potential delayed health impacts effectively.

Section 5: Fire-Fighting Measures

Section 5 of an SDS provides critical fire-fighting information for the chemical. It includes:

1. Extinguishing methods:
   – Suitable fire-fighting equipment
   – Inappropriate extinguishing tools for specific situations

2. Chemical-specific fire hazards:
   – Unique dangers during combustion
   – Hazardous byproducts formed in fires

3. Firefighter safety:
   – Recommended personal protective equipment (PPE)
   – Special precautions for fire suppression

This section equips responders with essential knowledge to combat chemical fires safely and effectively. It highlights potential dangers, guides equipment selection, and outlines necessary protective measures for firefighters dealing with the specific chemical.

Section 6: Accidental Release Measures

Section 6 of an SDS outlines response protocols for chemical releases. It covers:

1. Release management:
   – Spill containment procedures
   – Cleanup methods
   – Differentiation between large and small spills, if applicable

2. Personal protection:
   – Recommended precautions
   – Appropriate protective equipment
   – Measures to prevent contamination of skin, eyes, and clothing

3. Emergency actions:
   – Evacuation guidelines
   – When to consult experts
   – Suitable protective attire

This section provides comprehensive guidance for safely and effectively addressing chemical releases. It ensures responders can quickly implement appropriate containment and cleanup measures while prioritizing personal safety and environmental protection.

Section 7: Handling and Storage

Section 7 of an SDS addresses safe handling and storage of chemicals. It encompasses:

1. Handling guidelines:
   – Safe handling procedures
   – Management of incompatible chemicals
   – Techniques to minimize environmental release
   – Workplace hygiene practices (eating, drinking, smoking restrictions)

2. Storage requirements:
   – Optimal storage conditions
   – Chemical incompatibilities
   – Specific storage needs

This section provides essential information for maintaining chemical safety throughout handling and storage processes. It aims to prevent accidents, reduce environmental impact, and ensure proper chemical management in the workplace.

Section 8: Exposure Controls/Personal Protection

Section 8 of an SDS focuses on exposure controls and personal protection. It includes:

1. Exposure limits:
   – OSHA Permissible Exposure Limits (PELs)
   – ACGIH Threshold Limit Values (TLVs)
   – Other recommended safety limits
   – Manufacturer or importer-specific exposure limits

2. Exposure control methods:
   – Appropriate engineering controls
   – Personal protective measures

3. Personal Protective Equipment (PPE):
   – Recommended PPE types
   – Special requirements for protective clothing
   – Respirator specifications
   – Material and resistance requirements for PPE

This section aims to prevent harmful chemical exposure by providing guidelines on safe exposure levels and protective measures. It helps employers and workers implement appropriate safeguards to minimize health risks associated with chemical handling.

Section 9: Physical and Chemical Properties

Section 9 of an SDS details the physical and chemical properties of a substance. It includes:

1. Required properties:
   – Appearance
   – Odor and odor threshold
   – pH
   – Melting/freezing point
   – Initial boiling point and range
   – Flash point
   – Evaporation rate
   – Flammability (solid, gas)
   – Upper/lower flammability or explosive limits
   – Vapor pressure
   – Relative density
   – Solubility
   – Partition coefficient: n-octanol/water
   – Auto-ignition temperature
   – Decomposition temperature
   – Viscosity

2. Additional information:
   – Manufacturers may include other relevant properties (e.g., dust deflagration index for combustible dust)

3. Completeness:
   – All fields must be addressed
   – If information is unavailable or irrelevant, a notation must be made

This section provides crucial data for understanding the substance’s behavior and potential hazards. It aids in proper handling, storage, and emergency response planning.

Section 10: Stability and Reactivity

Section 10 of an SDS provides information on chemical stability and reactivity. It contains three main parts:

1. Reactivity:
   – Specific test data for the chemical or its class/family

2. Chemical Stability:
   – Stability under normal ambient conditions during storage and handling
   – Required stabilizers, if any
   – Safety concerns related to physical appearance changes

3. Hazardous Reactions and Incompatibilities:
   – Potential for hazardous reactions or polymerization
   – Conditions that may trigger hazardous reactions
   – Conditions to avoid
   – Incompatible material classes
   – Known or anticipated hazardous decomposition products

This section helps users understand the chemical’s behavior under various conditions, potential risks, and necessary precautions. It aids in safe handling, storage, and use of the chemical, while also informing about possible hazardous situations that may arise.

Section 11: Toxicological Information

Section 11 of an SDS details toxicological and health effects information. It covers:

1. Exposure routes:
   – Inhalation, ingestion, skin contact, eye contact
   – Unknown routes must be indicated

2. Symptom description:
   – Range from least to most severe exposures

3. Health effects:
   – Immediate and delayed effects
   – Consequences of short-term and long-term exposure

4. Toxicity data:
   – Numerical measures (e.g., median lethal dose)

5. Carcinogenicity status:
   – Listing in NTP Report on Carcinogens
   – IARC Monographs classification
   – OSHA carcinogen designation

This section provides crucial health risk information associated with chemical exposure. It helps users understand potential health hazards, recognize symptoms, and take appropriate precautions when handling the substance.

Section 12: Ecological Information (non-mandatory)

Section 12 of an SDS, while not mandatory, provides valuable ecological information. It includes:

1. Environmental impact data:
   – Results from aquatic and terrestrial toxicity tests
   – Persistence and degradability in the environment
   – Bioaccumulation potential (including Kow and BCF references when available)
   – Soil to groundwater mobility
   – Other adverse effects (e.g., ozone layer depletion)

This section helps assess the potential environmental consequences of chemical release. It aids in understanding the substance’s behavior in ecosystems, its long-term effects, and its potential to accumulate in food chains. This information is crucial for proper chemical management and environmental protection strategies.

Section 13: Disposal Considerations (non-mandatory)

Section 13 of an SDS provides guidance on disposal considerations for the chemical and its container. It includes:

1. Disposal methods:
   – Recommended disposal techniques
   – Appropriate disposal containers
   – Recycling or reclamation options

2. Disposal precautions:
   – Effects of physical and chemical properties on disposal
   – Warnings against sewage disposal
   – Special precautions for landfill or incineration disposal

3. Safety considerations:
   – Safe handling practices during disposal
   – Reference to Section 8 for exposure controls and personal protection

This section ensures proper and environmentally responsible disposal of the chemical and its container, minimizing potential hazards to human health and the environment during the disposal process.

Section 14: Transport Information (DOT, IATA, IMDG)

Section 14 of an SDS, though non-mandatory, provides essential information for the safe transportation of hazardous chemicals. It covers:

1. Identification:
   – UN number
   – UN proper shipping name

2. Classification:
   – Transport hazard class(es)
   – Packing group number (based on hazard degree)

3. Environmental considerations:
   – Potential environmental hazards during transport

4. Transport guidance:
   – Bulk transport instructions
   – Special precautions for employees during transportation

This section aids in compliance with transportation regulations and ensures proper handling during shipping by road, air, rail, or sea (49 cfr, IATA, IMDG). It helps prevent accidents and minimizes risks associated with the movement of hazardous materials both within and outside premises.

Section 15: Regulatory Information

Section 15 of an SDS provides supplementary regulatory information not covered elsewhere in the document. It includes:

1. Specific regulations:
   – Safety, health, and environmental regulations pertinent to the product

2. Regulatory bodies:
   – Relevant regulations from agencies such as OSHA, DOT, EPA, and CPSC

3. Regional considerations:
   – Location-specific regulatory information

This section ensures users are aware of all applicable regulations governing the chemical’s use, handling, and disposal. It helps organizations maintain compliance with various regulatory requirements and provides a comprehensive overview of the legal landscape surrounding the product.

SDS Section 16: Other Information

Section 16 of an SDS serves as a concluding section, providing key administrative details and additional information. It includes:

1. Document history:
   – Date of SDS preparation
   – Date of the most recent revision

2. Revision details:
   – Changes made in the latest update
   – Explanation of modifications from previous versions

3. Supplementary information:
   – Any relevant data not fitting into other sections

This section ensures users have the most up-to-date information and helps track the SDS’s revision history. It also provides a space for including any pertinent details that don’t fall under the other 15 sections, contributing to a comprehensive understanding of the chemical and its associated safety considerations.

Being familiar with these definitions will help you to not only select the packaging your product should be in, but what hazardous materials regulations are going to apply to the shipment. 

Bulk vs Non-Bulk Hazmat At a Glance

Here’s a quick reference chart to determine bulk and non bulk packaging rule. 

Bulk packaging definition

According to the hazardous materials regulations (edited):

Follow this link to read the definition of both bulk and non-bulk here. 

Bulk package breakdown

Let’s take a moment to breakdown each of the paragraphs shown in the bulk definition in 171.8. Most of what we’ll be discussing is contained in paragraphs 1, 2, and 3.

The amount or capacity of the bulk packaging (ex. portable tank, cargo tank, IBC) or whatever your putting the hazmat in, must be GREATER than 119 gallons.

Often, people get confused with this, and assume that because the container or packaging they have is right at 119 gallons, that it’s considered bulk. The keyword in the definition is “greater than”. 

All that said, the real world application or common practice that’s typically used is, is the nice round figure of 120 gallons. Once the tank is 120 gallons or more, it’s considered a bulk package.

Solids

With solid materials (Ammonium Nitrate comes) there are a two pieces of information need to be looked at before you can make a determination about whether a package containing solids is bulk.

For solids, two values must be met;

The net mass (or net weight of just the material without the package) of the material has to be GREATER than 882 pounds AND a capacity GREATER than 119 gallons.

For example, to meet the definition of a bulk packaging for a solid, the container would have to be 883 pounds AND a capacity of 120 gallons.

Gases

This where a lot of people (and some inspectors) get a bit confused about cylinders. The regulations says “water capacity Greater than 1,000lbs”. 

Let’s take a closer look at cylinders.

Water Capacity for cylinders

To figure how much 1000lbs of water capacity is, let’s take a look at the weight of 1 gallon of water. Using the weight of water as a baseline is common when dealing with hazmat regulations.

1 gallon of water is 8.34 pounds. We just do some simple math and divide the 1,000lbs by 8.34 pounds. When we do that, we come with 119.90, which would be over 119 gallons.

119.9 would be the gallons of water that the cylinder can hold, which makes the cylinder a bulk package.

Bulk or Non-bulk Cylinder? Here’s the easy way to tell

Two of the most common cylinders that are in wide use are the DOT 3A and DOT 3AA. These cylinders are a seamless steel cylinder that are in wide use from welding and repair business to filling up birthday balloons at the local Wal-Mart. 

If you look at the neck area of the cylinder near the valve, it should be stamped with identification information. Part of that information is what DOT standard the cylinder was built to.

In the case of either a DOT 3A or DOT 3AA cylinder, if the letter “X” appears, the cylinder is a bulk cylinder. For example “DOT 3AX or DOT 3AAX“. 

Examples of hazmat bulk packaging containers

• Cargo tank trailers
• Some (not all) steel tanks mounted in a pickup truck
• Intermediate bulk containers (IBC’s) also known as “totes”
• Portable steel tanks
• UN portable tanks (ISO tanks)

What is the definition of non bulk packaging?

Non-bulk packaging of course, is anything less than the above amounts, however here is the DOT definition just so there’s no confusion.

Examples of a non bulk packaging

• 55 gallon drum
• Paint cans in a box
• Most cylinders
• Limited quantities
• Plastic bottles of printers ink

Need Help Making Sense of Hazmat Rules?

If you need help with your hazmat training give us a call at 904.426.4951 or contact us and we’ll be happy to help get you started on hazmat training.  

This in turn, causes those companies to struggle with their compliance with FMCSA rules, because they don’t realize that they are regulated in the first place. 

Whether or not your company’s vehicles are regulated under the Federal Motor Carrier Safety Regulations (FMCSRs) requires that you understand two fundamental Federal Motor Carrier Safety Administration (FMCSR) definitions in 49 CFR part 390.5. 

Those definitions are:

• Commercial motor vehicle
• Interstate commerce

Notice In the first paragraph of the commercial vehicle definition above, it says “interstate commerce”. This means that in order for the commercial definition to apply, the vehicle (or business) must be engaged in interstate commerce. 

Once the vehicles in your operation meets both the commercial motor vehicle and interstate commerce definitions, your company is regulated by U.S.D.O.T or more specifically, the Federal Motor Carrier Safety Administration (FMCSA).

You can read both definitions in part 390.5 here.

Examples of Commercial Vehicles, 390.5

Let’s go back to the definition of a commercial vehicle and look at some common examples. 

Paragraph 1 Examples

Vehicles that are included in paragraph 1 of the commercial vehicle definition are based on either the Gross Vehicle Weight Rating (GVWR), Gross Combination Weight Rating (GCWR) or how much the vehicle physically weighs.

First example:

An enterprise truck rented by a company to transport store items from Jacksonville, Fl to Brunswick Ga that has a GVWR of 10,500lbs as shown on the manufacturers door sticker. 

Second Example

A Ford F150 pickup with a GVWR of 7,300lbs pulling a trailer that has a GVWR of 5,000lbs. 

The total GVWR of each vehicle is added together, which is the GCWR. The GCWR is 12,300lbs which makes the combination regulated if it’s engaged in interstate commerce.

Section 2 and 3 Examples (passenger vehicles)

Remember that for passenger vehicles is that the number of passenger positions includes the driver. You also need to be aware of the ‘compensation’ vs. not for compensation in both paragraph 2 and 3 of the CMV definition.

Section 2 example

A Ford Econoline or transit van that holds up to 12 people or a limousine.

Section 3 example

Hotel shuttle bus or airport shuttle.

Section 4 Examples

Section four depends entirely upon whether or not a vehicle is required to be placarded under the placarding rules in 172.504. The size or type of vehicle is irrelevant.

Both examples below require that the vehicles are placarded which brings makes them regulated by FMCSA.

Example 1

A Ford ranger pickup transporting hauling non electric detonators for blasting. This requires that the vehicle must be placarded as outlined in 172.504 of the hazardous materials regulations (HMR).

Example 2

A Toyota Camry delivery/courier vehicle delivering a radioactive source to a hospital that requires a Yellow III label.

Next Steps

If you have a fleet or business that uses commercial vehicles, check out our dot compliance checklist article. You can also reach out to us for a free discovery call and we’ll help you assess your needs and get you pointed in the right direction.

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