Sometimes, with strict limits. Section 173.315(j)(2) allows a private motor carrier to return one qualifying consumer tank of no more than 500 gallons water capacity. It may be over five percent full. The trip is one-way to the owner’s nearest facility. Every condition must fit; tank size alone does not authorize the move.
By Bill Stomp · Last updated:
Which part of the rule fits?
49 CFR 173.315(j) has two parts. One covers tanks at five percent or less. The other covers this limited return above five percent. Paragraph (j)(2) is for tanks meant to stay at a consumer’s site. The trip starts there and ends at the owner’s nearest facility.
What needs review before dispatch?
Read all of (j)(2) with a trained, qualified person. Check how the tank was built. Check the fill limits and the inspection before loading. Review the lifting, truck size, tank support and securement rules. Check the trailer rules too. This summary is not a loading procedure.
The owner must keep the signed and dated inspection record for two years. The rule lists its fields. I would gather the tank ID, size and contents. Add where it is and where it will go. Give those facts to the reviewer before dispatch.
Can the trip include other pickups?
PHMSA interpretation 26-0103 says no pickup or drop-off stops along the way. It treats this storage tank and DOT cylinders as different things. Other hazmat rules still apply.
Questions and answers
Can we take that tank straight to another customer?
The above-five-percent rule describes a return from the consumer’s premises to the owner’s nearest facility. It is not a customer-to-customer delivery permission.
Does a 500-gallon tank automatically qualify?
No. The tank, contents, carrier, trip and handling plan must meet the full rule. Have a trained, qualified person review them before dispatch.
Next step
Get the proposed move reviewed before assigning a route. Our policies and procedures page covers help with written office practices.
Related: a different truck paperwork requirement. Return to the manuals and records questions.
General information, not legal advice. Check what applies with the responsible regulator and a qualified safety or legal reviewer. This page does not replace training or the procedures for your equipment.