Applicability of HMR to Publicly Owned (Municipal) Utilities

This is in response to your memo dated June 9, 1999 requesting clarification on the applicability of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government entities, specifically, public municipally owned utilities.

The transportation of a hazardous material in a government vehicle operated by a government employee solely for non-commercial purpose is not subject to HMR. The scope of the HMR does not encompass quasi-commercial operations like public water works and swimming pools.