This year’s severe winter storms increase the number of hazmat trucks on our roads; the risk of a severe or fatal hazmat truck crash rises, too.
Winter conditions in Illinois and Indiana this year are so harsh the federal government declared our part of the country to be in the midst of an official emergency, allowing special rules and regulations to go into effect. These include those found in 49 CFR § 390.23, which recognizes that winter storms in Indiana and Illinois (as well as neighboring states) increase the likelihood of heating and fuel shortages.
Accordingly, under the 2019 Winter Storm Emergency Declaration, things changed for those driving big rigs, semi-trucks, and other commercial trucks so there could be expedited transportation of various hazardous materials including propane, natural gas, heating oil, gasoline, and other fuel products to those in need here in Indiana and Illinois.
For details, read the ESC-MSC-SSC – Amended Regional Emergency Declaration 2019-001 – Winter Storms – 01-31-2019 – issued by The Federal Motor Carrier Safety Administration on January 31, 2019.
What is a Hazmat Truck?
Here in the “Crossroads of America,” with our high volume of commercial truck traffic, we see all sort of 18-wheelers, semis, and big rigs hauling large tankers driving along our interstates and highways.
The hazardous material (“hazmat”) trucks may not reveal exactly what is being transported, but there are always clear labels that the cargo is “hazardous.”
Additionally, the tank itself has to be labeled with information regarding what is contained in the truck’s tanker. The truck driver has more details in his shipping documentation.
You may have seen “Hazmat” or “Hazardous Materials” signage on a big rig or tanker truck driving alongside your car or SUV on the Borman Expressway, for instance. It’s a warning that the truck is hauling something dangerous, even if you are not aware of how high risk or volatile the contents.
These labels must be conspicuously placed on the truck before it begins its run. See 49 CFR Part 172. The greater the danger involved in the transportation, the more conspicuous the labels.
Hazmat Classes
Those Hazmat Trucks may be carrying a range of dangerous materials, each ranked according to their risk:
- Class 1: Explosives (including things like flares or dynamite)
- Class 2: Gases (including flammable gases like propane as well as oxygen)
- Class 3: Flammable Liquids (e.g., gasoline)
- Class 4: Flammable Solids
- Class 5: Oxidizers and Organic Peroxides
- Class 6: Poisons and Infectious Substances
- Class 7: Radioactive Materials
- Class 8: Corrosives
- Class 9: Miscellaneous Hazardous Materials
Obviously, the very things that are most needed during our Winter Storm Emergency are those that are classified as some of the most dangerous and risky types of cargo that a commercial truck can haul.
For instance, fuel oil and gasoline may be vital to our part of the country right now, which means an increased number of Hazmat Trucks carrying Class 3 Hazardous Materials on our roads. Those in need of propane, oxygen, or other flammable gases will see cargo classified as even more dangerous: these winter storm essentials are classified as Hazmat Class 2.
Hazmat Trucks in Indiana and Illinois
To minimize the risk of a fatal Hazmat Truck accident in Indiana or Illinois, not only are the trucks required to identify their hazardous material cargo, but the truck driver must follow special laws while transporting the dangerous load.
The Hazmat Truck driver is limited on when he or she can travel during the day. The Hazmat trucker must drive on designated “hazmat roads,” as well. See the Hazardous Materials Regulations in 49 CFR Parts 100-180.
Emergency: HOS Rules Lifted for Hazmat Truckers in Indiana and Illinois
These rules have not been changed by the Emergency Declaration. However, the truck drivers have been excused from the Hours of Service (HOS) requirements of 49 CFR 390-399, which provides that:
By execution of this amendment to the Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas and heating oil, and other fuel products, including gasoline, into the Affected States are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.
Increased Risk of Hazmat Truck Crash or Hazmat Truck Spill
The risk of drowsy driving or distracted driving causing a serious or fatal truck crash is a recognized danger to Indiana and Illinois roads anytime of the year. For details, read: “Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes.”
Moreover, these truck drivers will be facing the unique dangers of driving on snow and ice during winter weather conditions. See, “Winter Accidents with Semi-Trucks: Driving Dangers in Indiana and Illinois.”
Combining these risk factors (drowsy driving, winter weather) with dangerous cargo and the possibility of a tragic Hazmat truck accident is clear.
Having an increased number of Hazmat Trucks carrying Hazmat Class 2 and Hazmat Class 3 cargo throughout our part of the country during this Winter Emergency may be necessary to meet our current needs, but it also escalates the risk of a Hazmat Truck Accident.
Hazmat Truck Accident in Indiana or Illinois
If there is a Hazmat Truck crash during the Emergency Conditions of 2019, there must be an even more stringent investigation into the causes of the Hazmat Truck Crash.
- Was the trucker taking advantage of the HOS Rule exception to his detriment?
- What about the responsibility of third parties: did the shipper properly store and label the cargo?
- Was the truck properly maintained and repaired or did slick tires or bad brakes contribute to the accident?
After a serious or fatal Hazmat Truck Crash, there may be several parties who share legal responsibility for what has occurred. These kinds of semi-truck crashes may be complicated in other ways, too. What did the dangerous cargo contribute to the accident and its consequences? Experts will be needed to analyze the chemicals as well as the scene of the accident.
The laws of Indiana and Illinois do provide avenues for justice to those who are victims of the special circumstances surrounding a Hazmat Truck Accident. During these winter months, the risk of a Hazmat Truck Crash is exceedingly high. Please be careful out there.
