Ala. Admin. Code r. 760-X-1-.16

Current through Register Vol. 43, No. 02, November 27, 2024

Section 760-X-1-.16 - Motor Carrier Safety And Hazardous Material Regulations

(1) Part 107, Subpart B, Part 40, Parts 171-180, Part 382, Part 383, Part 384, and Parts 390-399 of Title 49, Code of Federal Regulations of the U.S. Department of Transportation and as they may be amended in the future are hereby adopted as part of Promulgated Rule No. 760-X-1-.16 of the Alabama Department of Public Safety.

(a) The Alabama Department of Public Safety shall have the authority to enforce these regulations.

(b) These regulations shall apply to all motor carriers both inter and intra, private, for hire, etc., where practical.

(c) Whenever these regulations require notification of the Department of Transportation, the Alabama Department of Public Safety shall be notified.

(2) In order to become certified in proper metal coil load securement, as required by Code of Ala.1975, § 32-9A-2(a)(4) a, a commercial vehicle operator must do one of the following:

(a) Obtain a certificate that notes the commercial vehicle operator's successful completion of the Securing Metal Coils Course that can be accessed through the website www.metalcoiltraining.com and that is generated by the testing website upon passage of the exam that is part of that course;

(b) Obtain an endorsement on his/her state commercial driver's license that specifically notes his/her authorization to haul metal coils in the licensing state; or

(c) Obtain a State of Alabama Metal Coil Certificate issued to the commercial vehicle operator by his/her motor carrier, if the motor carrier is authorized by the Alabama Department of Public Safety to issue the Alabama Metal Coil Certificate.

(i) In order to have authority to issue a State of Alabama Metal Coil Certificate, a motor carrier must mail the Alabama Department of Public Safety's Motor Carrier Safety Unit a notarized affidavit from the motor carrier's safety compliance officer that states the safety compliance officer has personal knowledge that the motor carrier requires every commercial vehicle operator to receive training before hauling metal coils for the motor carrier in the requirements for securing metal coils set forth by 49 C.F.R. § 393.120.

(ii) Upon receipt of the affidavit, the Alabama Department of Public Safety will mail or electronically mail a letter to the motor carrier that will provide the motor carrier with the website address, user id, and password needed to gain access to the certificates.

(3) A commercial vehicle operator shall not be considered certified for purposes of Code of Ala.1975, § 32-9A-2(a)(4) a, unless his/her certificate or license endorsement is filled out in full.

Ala. Admin. Code r. 760-X-1-.16

Emergency rule filed June 27, 1986. Permanent adoption: Filed September 10, 1986. Amended: Filed June 5, 1992. Amended: Filed July 19, 1994; effective August 23, 1994. Amended: Filed March 12, 1996; effective April 16, 1996. Amended: Filed April 6, 2011; effective May 11, 2011.

Author: B.W. Henderson, Zackery Burr

Statutory Authority:Code of Ala. 1975, § 32-2-9, as amended, 32-9A-2, as amended.