What is a Special Permit?
A Special Permit from DOT PHMSA is defined in 49 CFR 107.1:
“a document issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapters A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq.
In other words, it is a document that grants specific individuals or entities a variance in the way a regulated function is performed… or not performed at all.
Alternative Methods
They are granted when the applicant can meet the requirements of an established rule using an alternative method. The alternative method must result in an “equal” safety outcome. When a “safety level” doesn’t exist, the variance must be consistent with the public’s interest. It is up to the applicant to demonstrate these facts and outline the details of the alternative method in a way that satisfies the “Competent Authority” (in this case, the current Associate Administrator for Hazardous Materials Safety).
Purpose of Special Permits
Special Permits are used extensively in all areas of transportation. Purposes range from the manufacture of composite cylinders (Ex: DOT-SP 8162) to a one-time shipment for a specific purpose (Ex: DOT-SP 22256) and too many other reasons to list.
Many Special Permits also apply to otherwise straightforward shipping scenarios due to incongruous laws and other details that don’t directly affect safety. For example, in aviation, it’s not appropriate to ship most fire extinguishers (A.K.A fire bottles) without using DOT-SP 12726. A similar requirement applies to portable fire extinguishers (see our blog on DOT-SP 21774). Shipping affected items without using these Special Permits is a violation of the law because it’s otherwise “impossible” to meet the standard.
Avoid Regulatory Penalties
It surprises us how unfamiliar shippers and carriers tend to be with Special Permits, even though they are required to be used so frequently. Most training, in our experience, ignores them completely!
Unknowingly offering or transporting items that require a Special Permit, even if it doesn’t directly affect safety, is a huge business risk. Every instance can be construed as a separate violation, exponentially increasing fines and penalties.
Special Permit Training
Additionally, lack of adequate training is an observation of almost every client audit Tym’s has performed. The DOT is looking for, and expecting, specific training on every Special Permit used. “Generic” training on the subject of Special Permits, for example, has not been found to be acceptable to the DOT when Special Permits are used for a regulated function.
Compliance
Utilizing Special Permits for your Hazardous Materials functions is necessary in many cases, most of which go unnoticed. Tym’s is available to review your specific case and offer suggestions for a safe and effective solution likely using Special Permits that already exist. In most cases, additional function specific training is required. In rare cases, a new Special Permit application is made. In extraordinary cases, we can assist with Emergency Special Permit applications to ensure rapid approvals.
Contact Tym’s
Contact Tym’s today for a no-cost evaluation of your specific circumstance