January/February 2004
On Sept. 27, 2002, the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), issued a final rule implementing new standards to prevent shifting and falling cargo from creating hazardous conditions on U.S. roadways. Though the rule became effective Dec. 26, 2002, motor carriers had until Jan. 1, 2004, to come into complete compliance. This Q&A guide provides basic information to help shippers of certain scrap materials comply with the new standards.
General Requirements
To what types of commercial motor vehicles does this new rule apply?
This rule applies to trucks, truck tractors, semitrailers, full trailers, and pole trailers.
Do these rules cover both interstate and intrastate transport?
Federal regulations require that a state’s regulations pertaining to commercial motor vehicle safety in interstate commerce must be compatible with Federal Motor Carrier Safety regulations.
In order to obtain federal funding and assistance to improve motor carrier safety, a state must adopt regulations pertaining to commercial motor vehicle safety in intrastate commerce that are compatible with Federal Motor Carrier Safety regulations.
It is therefore expected that all states will adopt cargo-securement rules that are either identical to or compatible with the federal regulations.
What are the general requirements of this new rule?
The cargo on each commercial motor vehicle being transported on public roads must be:
1. Loaded and secured to prevent the cargo from leaking, spilling, blowing, or falling from the motor vehicle; and
2. Contained, immobilized, or secured to prevent any shifting that could adversely affect the vehicle’s stability or maneuverability.
Specific rules also address the function and use of tiedowns.
What is a tiedown?
A tiedown is a combination of securing devices that forms an assembly that attaches articles of cargo to or restrains articles of cargo on a vehicle or trailer and that is attached to one or more anchor points.
What is an anchor point?
An anchor point is part of the structure, fitting, or attachment on a vehicle or article of cargo to which a tiedown is attached.
From what material can a tiedown be made?
Tiedown assemblies can be made from chains, wire rope, steel strapping, synthetic webbing, or rope unless prohibited by a specific rule (see the section on Flattened or Crushed Vehicles, beginning on page 56).
Must a tiedown be adjustable?
Yes. Each tiedown or its associated connectors or attachment mechanisms must be constructed and installed to allow the driver to tighten them during transport. However, this requirement does not apply to the use of steel strapping.
Can I use a damaged or repaired tiedown?
A tiedown cannot be used if it has damaged or weakened components that could adversely affect its performance for cargo-securement purposes. This includes cracks or cuts. A repaired tiedown may be used, however, if it is repaired according to the standards or instructions of the manufacturer.
What is edge protection and when must I use it for cargo securement?
Edge protection is a device placed on the exposed edge of an article to:
1. distribute tiedown forces over a larger area of cargo than the tiedown itself;
2. protect the tiedown and/or cargo from damage; and
3. allow the tiedown to slide freely when being tensioned.
Edge protection must be used whenever a tiedown would be subject to abrasion or cutting at the point where it touches an article of cargo. The edge protection must resist abrasion, cutting, and crushing.
What are a driver’s responsibilities under this new rule?
1. A driver may not operate a commercial motor vehicle and a motor carrier cannot require or permit a driver to operate a commercial motor vehicle unless the cargo and all other equipment and devices are properly secured as required by this rule; and
2. A driver must inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip. Any adjustments necessary to the cargo or the securement devices must be made at this time; and
3. A driver must reexamine the cargo and the devices used to secure the cargo and make necessary adjustments whenever:
a. the driver makes a change of his/her duty status. A change of driver duty status occurs when a driver stops driving to eat, rest, load, or unload. Therefore, for example, a driver must reexamine the secured load when he/she stops driving to eat, then again before starting to drive; or
b. the commercial motor vehicle has been driven for three (3) hours; or
c. the commercial motor vehicle has been driven for 150 miles, whichever occurs first.
Cargo inspection by the driver is not required if:
a. the load has been sealed and the driver ordered not to open it for inspection; or
b. the cargo has been loaded in a manner that makes inspection impracticable.
What parts of this new rule apply to the recycling industry?
The new rule provides specific requirements for securement of the following loads:
1. flattened or crushed vehicles;
2. roll-on/roll-off or hook-lift containers; and
3. intermodal containers.
Flattened or Crushed Vehicles
What is a “flattened” or “crushed” vehicle according to the new rule?
The new rule does not include a definition of the terms “flattened” or “crushed.” In its comments, published with the final rule, FMCSA indicated its understanding of these terms as follows: “The cars are compressed to a fraction of their original height to make it easier to transport them to recycling facilities. Most of the parts would be pressed together but some items such as door handles and mirrors remain loosely attached to the vehicle.”
Therefore, it can be assumed that any process or means that compresses a vehicle yet still potentially allows for loose parts will produce a flattened or crushed car.
Does the new rule require or encourage the use of any particular type of vehicle for transporting flattened or crushed vehicles?
No. The rule does not require or encourage the use of any specific type of transport vehicle.
What are the specific requirements for the transport of loads of flattened or crushed vehicles?
1. Synthetic webbing (such as nylon or polyester) is prohibited for use to tie down flattened or crushed vehicles.
2. The following securement requirements apply.
The securement requirements for flattened or crushed vehicles vary depending on the number of containment walls on the transporting vehicle, as follows:
a. Four (4) containment walls that extend to the height of the load—no tiedowns required.
b. Three (3) containment walls that extend to the height of the load—a minimum of two (2) tiedowns per vehicle stack.
c. Two (2) containment walls that extend to the height of the load—a minimum of three (3) tiedowns per vehicle stack.
d. No containment walls—a minimum of four (4) tiedowns per vehicle stack.
3. The following containment requirements apply.
a. Any vehicle transporting flattened or crushed vehicles must be equipped with a means to prevent loose parts from falling from the vehicle.
b. The means used to contain loose parts must extend to the full height of the load on all four sides of the vehicle.
c. The means used to contain loose parts may consist of structural walls, sides, sideboards, or covering material, alone or in combination.
d. The means used to contain loose parts may be made of synthetic material.
If I inspect a flattened or crushed car and remove all loose items, must I still comply with these requirements?
Yes. FMCSA has clearly stated that having loose parts is inevitable given the process of flattening or crushing.
Has FMCSA approved or endorsed any transport vehicle and/or containment system for compliance with this specific rule?
No. FMCSA has stated that it does not approve or endorse products nor does it issue public or private rulings on whether a product complies with Federal Motor Carrier Safety regulations. Further, FMCSA has clarified that “equipment manufacturers and designers may self-certify that their products comply with the applicable safety regulations, but we do not approve or endorse products or the manufacturer’s claims for those products.”
Does this specific rule apply to the transport of automobiles flattened or crushed as a result of an accident?
No. FMCSA has noted that the transport of automobiles flattened or crushed in a crash or accident is not subject to the specific rules of this section. The transport of these vehicles would be subject to the general requirements of
the rule.
Does the specific rule apply to the transport of automobiles that have been compressed into a solid log of fused metal?
No. FMCSA has clarified that the terms “flattened” and “crushed” do not apply to automobiles that have been compressed into a log-like shape. Equipment that performs this task is often identified as an auto logger or logger/baler. Therefore, the transport of these so-called logs would be subject only to the general requirements of this rule. This means that these logs could be secured using metal or synthetic tiedowns. Also, the shipper would only have to use enough tiedowns to prevent the logs from falling from the transport vehicle and from shifting in a way that could adversely affect the vehicle’s stability or maneuverability.
If a log that was previously an automobile drops a loose part during transport, will I then be required to institute a containment system required by this section?
FMCSA has clarified that an automobile compressed into a log should not present the same concern for loose parts during transport as automobiles that have been flattened or crushed. If a loose part should accidentally fall from one of these logs, then the transporter would be in violation of the general rule, which requires all cargo to be loaded and secured to prevent it from leaking, spilling, blowing, or falling from the motor vehicle.
Therefore, it can be assumed that the containment requirements that apply to flattened or crushed cars will not apply to automobiles compressed into a log should such a load accidentally drop loose parts from the trailer.
It is important to understand, however, that the FMCSA ruling applies to automobiles that have been compressed into a solid log of fused metal. A load that looks more like a flattened or crushed vehicle rather than a solid log of fused metal may cause the transportation inspector or law enforcement officer inspecting the load to require that the load meet the securement and containment requirements of this section.
If I load flattened or crushed vehicles on a four-sided vehicle, must I also install a containment barrier?
No, unless the height of the load exceeds the height of any of the four sides.
If I load flattened or crushed vehicles on a three-sided trailer, must I also install a containment barrier?
Yes. A containment barrier must be installed to prevent loose parts from falling from the side without a structural wall.
If I load flattened or crushed vehicles on a two-sided trailer, must I also install a containment barrier?
Yes. A containment barrier must be installed to prevent loose parts from falling from the two sides without a structural wall.
Does a containment barrier apply only to loads that extend above the height of a containment barrier?
No. A containment barrier must also be applied in any area where a structural side does not also extend to the trailer floor on which the load sits or in any area where there is an opening, gap, or hole in the structural side.
What type of containment barrier does the rule require for loads of flattened or crushed vehicles?
The rule does not require a specific type of containment barrier to be used for loads of flattened or crushed vehicles. What is required is that the containment barrier extends to the full height of the load and prevents loose parts from falling from the transport vehicle.
What does it mean for the containment barrier to extend to the full height of the load?
A containment barrier must extend from the floor of the trailer to the height of the load.
Examples include:
1. a fabric or material that is affixed to the trailer floor and extends upward such that no part of the load is above it;
2. a fabric or material that is affixed to the front and/or rear of the trailer and to the trailer floor and that extends or expands to the length of the trailer and to the height of the load such that no part of the load is above it;
3. removable sides that are affixed to the trailer floor and extend upward such that no part of the load is above them;
4. a fabric or material that covers the entire load; or
5. a combination of any of the above.
What is meant by the terms “sides” or “sideboards” as a type of containment barrier?
FMCSA has clarified that “sides” or “sideboards” are vertical barriers used to prevent loose parts from falling from a vehicle transporting loads of flattened or crushed vehicles.
Does the rule require that these vertical barriers be of a specific design and construction or be installed in a specific manner?
No. If used as a containment barrier for loads of flattened or crushed automobiles, these vertical barriers need only extend to the full height of the load and be designed and constructed so they can prevent loose parts from falling from the transport vehicle.
Does the rule require these vertical barriers to be constructed of a specific material?
No. The material used in or as a component of a vertical barrier used as a containment barrier for loads of flattened or crushed automobiles need only prevent loose parts from falling from the transport vehicle.
Does the rule require the vertical barriers to be constructed of a solid material?
No. FMCSA clarified that vertical barriers used as a containment barrier for loads of flattened or crushed automobiles must not have any openings large enough to allow loose parts to fall from a transport vehicle. FMCSA further clarified that the maximum size openings would correspond to the smallest loose parts or articles that the containment barrier is intended to prevent from falling from the transport vehicle.
How will I know what should be the largest size of any opening in a containment barrier that will comply with this rule?
FMCSA has clarified that any containment barrier that extends to the height of the load and prevents loose parts from falling from the transport vehicle would meet the requirements of this rule. Therefore, the true test of a containment barrier’s compliance will be during actual use.
For example, a load of crushed cars is transported with a containment barrier that has maximum openings of 1 inch. This vehicle is stopped and inspected by a federal, state, or local law enforcement officer. To determine if the containment barrier meets the requirement of this rule, the inspecting official will likely first determine if the barrier has already allowed loose parts to fall from the transport vehicle.
If this is not the case, it is expected that the inspecting official will then determine if the containment barrier can be reasonably expected to allow loose parts to fall from the transport vehicle. In this scenario, if the inspecting official were to observe loose parts, 1 inch in diameter or less, on the floor of the trailer or on the load, then a determination could be made that the containment barrier may be unable to contain these loose parts should they come in contact with the barrier during transport.
However, if the inspecting official does not observe any loose parts at all or any loose parts 1 inch in diameter or less, then a determination could be made that the containment barrier is adequate.
Does the rule require a cover over the top of the load in addition to vertical containment barriers?
The rule does not require a cover in addition to vertical containment barriers that extend to the height of the load. However, if an inspecting official observes loose parts falling over the top of the containment barriers, it is possible that the official could determine that containment procedures for this load are inadequate.
Therefore, the transporter should ensure that, for loads with no covers, there are no loose parts that could reasonably be ejected over the top of the containment barriers. Otherwise, a cover should be included in addition to the vertical containment barriers.
Can a cover alone be a containment barrier?
Yes. The rule provides that covering material alone can act as a containment barrier. The cover must extend from the top of the load down to the floor of the trailer on all sides. Also, the cover should be secured in such a manner that loose parts could not fall from beneath the bottom edge of the cover. Requirements for openings in the cover would be the same as for vertical barriers.
Does a containment barrier apply to loose parts falling through holes in a trailer’s floor?
The purpose of the general rule is to prevent any material from falling from a transport vehicle and onto the highway where it could present a hazard. This specific section of the rule addresses preventing loose parts from falling from transported loads of flattened or crushed cars. Therefore, any opening in a trailer floor that allows loose parts to fall from the transport vehicle could be considered a violation of either the general or the specific rule.
Whether the resolution of such a violation would require eliminating the opening or using a containment barrier to prevent loose parts from falling through the opening will probably be made by the specific enforcement jurisdiction.
Roll-On/Roll-Off and Hook-Lift Containers
What are the specific requirements for roll-on/roll-off or hook-lift containers?
This rule provides specific requirements for securing a roll-on/roll-off or hook-lift container to a transport vehicle. This specific rule does not apply to a roll-on/roll-off or hook-lift container that is carried on a vehicle equipped with an integral securement system.
Does this rule apply to lugger boxes?
No. The final rule defined a hook-lift as a container that is “loaded and unloaded onto a tilt frame body by an articulating hook.” Yet FMCSA clarified that a lugger box is best defined as “hoist-type” equipment and that such equipment is “separate and distinct from roll-off equipment, and therefore not subject to [this rule].”
What is an integral securement system?
An integral securement system is a system whereby the roll-on/roll-off or hook-lift container is secured to the transport vehicle by front and rear hold-down devices on the vehicle that are mated to the container and that provide securement of the complete vehicle.
What is required when there is not an integral securement system?
1. The container must be blocked against forward movement by the lifting device, stops, or a combination of both or another restraint mechanism; and
2. The container must be secured to the front of the vehicle by the lifting device or other suitable restraint to prevent lateral and/or vertical movement; and
3. The container must be secured to the rear of the vehicle with at least one of the following:
a. One (1) tiedown attached to both the vehicle and container chassis; or
b. Two (2) tiedowns installed lengthwise, each securing one side of the container to the vehicle’s side rail; or
c. Two (2) hooks, or an equivalent mechanism, that secure both sides of the container to the vehicle chassis.
Are there any additional requirements for securing the rear of the container to the vehicle?
Yes. Whichever of the above options are used (3a, 3b, or 3c), it must be installed no more than two (2) meters (6 feet 7 inches) from the rear of the container.
Are there any additional requirements for securing the front of the container to the vehicle?
Yes. If one or more of the front stops or lifting devices are missing, damaged, or not compatible, additional tiedowns must be installed that provide the same level of securement as the missing, damaged, or incompatible device.
Intermodal Containers
What are the rules for securing intermodal containers?
1. When transported on a container chassis vehicle, the intermodal container must be secured to the transport vehicle chassis with securement devices or an integral locking device that cannot unintentionally become unfastened while the vehicle is in transit; and
2. The securement devices must restrain the container
from moving more than 1.27 cm (1/2 inch) forward, backward, or to either side and 2.54 cm (1 inch) vertically; and
3. The front and rear of the container must be secured independently.
What is a container chassis vehicle?
A container chassis vehicle is a semitrailer limited to a bottom frame with one or more axles that is specially built and fitted with locking devices for the transport of cargo containers.
What are the rules for securing an intermodal container to a transport vehicle that is not a container chassis vehicle?
Different rules apply to either loaded or empty containers as follows:
Loaded Containers
1. All lower corners of the intermodal container must rest upon the vehicle; or
2. The lower corners must be supported by a support structure that is capable of bearing the weight of the container and that is independently secured to the motor vehicle.
3. The container must be secured to the vehicle as follows:
a. Chains, wire ropes, or integral devices must be fixed to all lower corners; or
b. Crossed chains must be fixed to all upper corners; and
c. The front and rear of the container must be secured independently; and
e. Each chain, wire rope, or integral locking device must be attached to the container in a manner that prevents it from being unintentionally unfastened while the vehicle is in transit.
Empty Containers
1. The empty intermodal container must be secured to prevent it from shifting to the front, rear, sides, or vertically.
2. The empty container must not interfere with the vehicle’s maneuverability.
In addition,
a. The empty container must be balanced and positioned on the vehicle so it is stable before the addition of tiedowns or other securement devices; and
b. The amount of the container’s overhang cannot exceed five (5) feet on either the front or rear of the trailers; otherwise
c. All lower corners of the container must rest upon the vehicle; or
d. The lower corners must be supported by a structure capable of bearing the weight of the container.
For additional information, contact Mike Mattia, ISRI’s director of risk management, at 202/662-8515 (fax, 202/626-0915); or e-mail mikemattia@isri.org.
Cargo-Securement Video Available
ISRI has created a brief training video to help scrap shippers and law enforcement officials understand the new cargo-securement rules and procedures. ReMA members can order the video for $24.95 each ($19.95 plus $5 shipping and handling), while nonmembers can obtain the video for $54.95 each ($49.95 plus $5 shipping and handling). To order, call 202/737-1770 or visit ISRI’s online Bookstore at www.isri.org. •
On Sept. 27, 2002, the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), issued a final rule implementing new standards to prevent shifting and falling cargo from creating hazardous conditions on U.S. roadways. Though the rule became effective Dec. 26, 2002, motor carriers had until Jan. 1, 2004, to come into complete compliance. This Q&A guide provides basic information to help shippers of certain scrap materials comply with the new standards.