# Title 38 — Highway Patrol

## Article 38-03 — Hazardous Materials

## Chapter 38-03-03 — Hazardous Materials - Petroleum Products

### § 38-03-03-01. Petroleum products - Nonspecification cargo tanks.

1. Notwithstanding requirements for specification packagings in 49 CFR subpart F of part 173
and parts 178 and 180, a nonspecification cargo tank motor vehicle having a capacity of less
than three thousand five hundred gallons [13250 liters] may be used by an intrastate motor
carrier for transportation of a flammable liquid petroleum product in accordance with
subsection 3.
2. Notwithstanding requirements for specification packagings in 49 CFR subpart F of part 173
and parts 178 and 180, a nonspecification metal tank permanently secured to a transport
vehicle and protected against leakage or damage in the event of a turnover, having a capacity
of less than one hundred nineteen gallons [450 liters], may be used by an intrastate motor
carrier for transportation of a flammable liquid petroleum prouct in accordance with
subsection 3.
3. Additional requirements. A packaging used under subsections 1 and 2 must:
a. Be operated by an intrastate motor carrier and in use as a packaging for hazardous
material before July 1, 1998;
b. Be operated in conformance with all other requirements of this state;
c. Be offered for transportation and transported in conformance with all other applicable
requirements of subchapter a of 49 CFR;
d. Not be used to transport a flamable cryogenic liquid, hazardous substance, hazardous
waste, or marine pollutant; and
e. On and after July 1, 2000, a tank authorized under subsection 1 or 2 must conform to all
requirements in part 180 (except for 180.405(g)) of 49 CFR in the same manner as
required for a DOT specification MC306 cargo tank motor vehicle.
History: Effective September 23, 1998.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-21-44
