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Tractor Talk Discussion Forum

Road Rules

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Jim K

02-28-2008 18:14:57




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My son's boss is having him haul waste oil in a single 55gal plastic drum which is pretty much full. He uses it to heat his shop.
Is this legal without a hazmat license?
This is for a legitimate business (they recondition decommissioned police cars.) Not sure if this matters but they use a big International ramp truck with the business logo on the sides and the barrel is just strapped on the back albeit securely.
Also, does anyone have a web address where I can go and check this out?
Thanks in advance Jim K

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Jim K

02-29-2008 13:09:47




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
Wow! glad I asked.



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peaster

02-29-2008 11:26:36




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
I work for a oilfield chemical company in Texas. Anything labeled "waste" is big trouble. My suggestion is to label it just oil and since you have a use for it it is not waste anything. Anything considered waste requires a waste handling permit like you see on salt water hauling trucks in the oilfield. Hazmat laws at least here in Texas require a hazmat license if you haul a hazardous material that weighs over 1000 lbs. That means 2 or 3 drums depending on density of the oil is legal to haul without a hazmat.

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NC Wayne

02-29-2008 09:49:25




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
Working on heavy equipment I"m always hauling oil around, both new and used. After doing alot of asking around I"ve heard this many times over the years myself, and like 504-2 said if you even lable it do so as Used Oil. "Waste" oil is considered hazardous and requires "special handeling" while "used" oil doesn"t. Sounds stupid to me but that"s the rules....



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hay

02-29-2008 04:28:20




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
just don't blab about it and no one will know. the cops, feds or whoever will always "require some sort of permit if you ask them about it. sort of "don't ask, don't tell is the best way.



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Nolan (foxtrapper)

02-29-2008 03:37:12




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
Best place to check on the specific laws regarding hazmat is your state environmental agency.

Generally, over 55 gallons is the trigger. The drum being plastic means nothing.



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Goose

02-28-2008 19:25:43




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
I take it he's not overly concerned with long-term employment.



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RobMD

02-28-2008 18:42:25




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
plastic can is a big-a$$ no-no. You need a 55 gallon drum, and you need to paint it green and label it mineral oil. Screw the cops.



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Bret4207

02-29-2008 19:41:35




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 Re: Road Rules in reply to RobMD, 02-28-2008 18:42:25  
I'm a DOT cop. I was going to give you guys the answer but Rob pissed me off. Screw being helpfull.



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gots-2-go

02-29-2008 05:45:37




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 Re: Road Rules in reply to RobMD, 02-28-2008 18:42:25  
Rob I live in Maryland too, in Mid Eastern Shore area.

If one gets caught around here with a drum like he is talking about, it had better be marked as "WASTE OIL" and be in a metal drum to boot or he would get a hefty fine.

Unless the law has been changed it used to be something like; "oils of any type are considered as a "Haz-Mat" item when the amount exceeds 25 gallons and it is being transported on a public road. The container must be metal and clearly labled with 2" lettering as to what it has in it, and the capiticy of the container".

The DOT Cops in this area seem to look for stuff like that, if you get a ticket and go to court the judges here back the DOT guys without question.

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Tradititonal Farmer

02-29-2008 03:34:17




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 Re: Road Rules in reply to RobMD, 02-28-2008 18:42:25  
Not true you are legally able to transport as many 5 gal plastic cans with fuel or oil in them as you want with no permit but a large container requires a permit according to DOT here,crazy rule. but hey its the gov't.



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none needed

02-28-2008 18:33:30




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
couldnt tell ya one way or other but.. im sure he would feel safer useing steel barrels ? as gets in a boo boo they plastic ones might break & wheres all that oil gonna go ? & its the driver that gets the ticket for messy clean up



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Larry806

02-28-2008 18:33:16




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
According to Federal EPA District 5 ( based outta Chicago and covers Ohio ) .
If you handle ,have or transport over 50 gal. of used oil at a time OR 250 gal in one year you need the permits . Also if you handle , have or transport 8 used car , truck or tractor battery's you need it . The list keeps going including used tires .
That means a full 55 gal drum is illegal .



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Alex-41JDb

02-28-2008 21:30:12




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 Re: Road Rules in reply to Larry806, 02-28-2008 18:33:16  
Knowing that if I was him i would get it in a steel drum and do not fill it full. Then even if it is his sixth load of the year, claim it is his first and there wouldnt be a problem. And for everyone who is saying dont worry about it I actually would. I have taken my cdl tests and know that if something happens it is the truckers fault, not the companies fault. So if the oil leaked all over the driver can be in just as much at fault if not more than the company and fines can super high. So it is a good topic to atleast discuss.

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Marlowe

02-28-2008 18:22:09




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
all depends the amount he hauls at one time



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Boyoboy

02-28-2008 18:19:30




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 Re: Road Rules in reply to Jim K, 02-28-2008 18:14:57  
Why don't you let your son take care of himself?

If he thinks it's a problem why doesn't he ask the boss?



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Jim K

02-28-2008 19:03:19




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 Re: Road Rules in reply to Boyoboy, 02-28-2008 18:19:30  
He has argued with his boss over this, boss says it's ok but he wants to play it safe and be sure.



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Bendee

02-28-2008 23:19:56




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 Re: Road Rules in reply to Jim K, 02-28-2008 19:03:19  
So will the boss give him a piece of paper to say he will accept all responsibility?.No.. then obey the law and there is no comeback.Ask the authorities in your area.

I've said it before: "A verbal 'no' is not worth the paper it is written on."



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504-2

02-28-2008 19:42:22




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 Re: Road Rules in reply to Jim K, 02-28-2008 19:03:19  
The first thing it has to be labeled USED OIL wast oil is a haz mat and no it is not legal anyway. You can generate, store and use on site but you can`t transport it with out permits.



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