Movement of Empty Tank Cars

This is in response to your letter of January 6, 1997, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to the movement of an empty tank car that has an expired test date. Specifically you ask whether you must notate the shipping paper or send the tank car to the nearest facility for testing. Additionally, you ask if the railroad must check markings or notify anyone about the expired test date.

The answer is no. Section 173.31(a)(3) provides that "no person may fill a tank car overdue for periodic inspection with a hazardous material and then offer it for transportation." This does not preclude a tank car which was filled prior to expiration of the test date or an empty tank car marked with an expired test date from being transported and places no additional responsibility on the carrier who accepts it.