Quick question for the legal stuff gurus. My girlfriend just got a job driving around small (1 oz. - 1 gal.) samples of various chemicals to different companies around the Greater Houston area. The company is just startin up and doesn't quite have all the kinks worked out. However, he is paying her both hourly and mileage and it's actually pretty good money. So far her boss is making her take some type of certification classes to handle to chemicals, and how to package them, haul them etc. Some of the chemicals are hazardous, I'm not sure to what degree. My question is, how legal is it for her to drive? She is driving her own truck (Toyato Tacoma) and he has her put a magnetic sign on her door on her truck with the company name. Does she need a different license or anything? Or can she slide by since it's such a small payload? Her boss doesn't seem to think it's a problem, but I don't want her to get into trouble if she gets pulled over.

 

I would start here....
http://www.fmcsa.dot.gov/safety-secu...t/hm-theme.htm

MikeyB

 

Like Mikey said start reading the regs. Short answer is it depends on exactly what it is she is hauling and exactly how much of it she is hauling. Worst case she would need a Class C CDL with Hazmat endorsement, and placards.

 

Insurance? I would think she would need some type of commercial vehicle insurance for her to haul these chemicals for profit.

 

Yeah, kinda what I was thinking about the insurance. Reading up on the regs, really confusing stuff.

 

Insurance would more than likely be the companys responsiblity, I was just talking about things she would need to take care of herself.

 

I agree that the company should cover her under their insurance, but not sure if they have anything yet. I'm more concerned about about the license part and what the state requires legally for her to be a commercial driver.

 

Insurance, and Id see who offers a transportation of dangerous goods class its like a 1 day class. I had to have it for having a 5 gallon pale of kerosene on the cranes for the upper cab heaters.


nick.

 

Does she bill them here mileage ( charge tax etc?) or do they reimburse her for expenses involved in using her own vehicle?

I use my truck for work occasionally, If she is billing them for use of her vehicle , she is commercial , if she is just being reimburse, I don't think she will have any trouble with the law.

 

By no means am I an expert on this and I know laws and policy do vary by region....but I do find it hard to believe that someone elses' policy would insure her vehicle. I would have thought that the owner of the vehicle would have to pocess some type of appropriate coverage on their own policy for their own vehicle regardless of how it is being used, commercial or not. FWIW, that is pure speculation on my part.

 

It really depends on the company. What she is doing is almost the same as an owner-operator of a big rig leasing on to a company. In that situation the owner-operator is operating under the company's DOT#, authority, and sometimes insurance (sometimes not). It really depends on the company, it sounds like who she is working for is just getting into this operation, so maybe she could negotiate some type of deal where they pay the necessary insurance. That is even if shen needs extra insurance, like I said before it really all comes down to exactly what it is, and how much she is hauling.

 

She'd likely need a Transportation of Dangerous Goods Certificate, yes. I doubt placards would be required unless over the regulated volume and / or mass.

 

Some hazardous materials require placards for any amount, no matter how small.

 

She does have the Transportation of Dangerous Goods Certificate. And it's always in small amounts, never more than 32 ounces per container, usually around 3 or 4 containers at a time. The company reimburses her for her vehicular use, I think something around 40 cents per mile. I don't think their insurance would cover her vehicle, but what if she were to get into an accident and one of these containers were to bust? Who would be liable and could she get into legal trouble is my concern.

 

They should pay her at a minimum the Federal deduction rate which varies depending on the whims of the Government. Usually the higher fuel is, the higher the rate. Right now the rate is 50.5 cents a mile. That is normally what business's pay you just to take your vehicle from point A to point B, not using it to haul commercially.