American Coatings Association

In a May 2011 final rulemaking focused on the requirements for a commercial driver’s license (CDL), the Federal Motor Carrier Safety Administration (FMCSA) changed the regulatory definition of a tank vehicle to reflect legitimate concerns from enforcement officials concerning ambiguities about which vehicles should be regulated as tank trucks.

FMCSA changed its definition of a tank vehicle in response to a February 2008 petition from an organization representing the interests of commercial motor vehicle law enforcement personnel.  The goal of the 2008 petition was to clarify that tank vehicles were those that transported tanks with an aggregate tank capacity of 1,000 gallons — as opposed to the previous definition of a rated tank capacity. The Commercial Vehicle Safety Alliance (CVSA) submitted its petition to clarify the differences between cargo tanks, which are attached in transport, and portable tanks, which are not attached in transport. The petition explicitly noted that individual portable tanks under 1,000 gallons, even if part of an aggregate shipment including more than 1,000 total gallons of capacity, should not trigger the need for a tank endorsement on a commercial driver’s license.

The final rule contained a new definition that is overly broad by including all shipments of bulk tank or tanks that have a total aggregate capacity of 1,000 gallons or more.  This new definition includes many vehicles that are patently not tank trucks, such as trucks moving small portable tanks  or “totes” and intermediate bulk containers (IBCs, which usually carry 275, 330, or 500 gallons) designed to carry liquids or gasses.

This new definition is extremely problematic for the paint and coatings industry because our industry transports a significant amount of totes and IBCs.  Prior to July 2011, drivers hauling these containers were only required to have a valid CDL with a hazmat endorsement.  Now that the new definition of “tank vehicle” has been adopted, these same drivers are required to have the tank vehicle endorsement along with the hazmat endorsement. 

ACA has received several reports from member companies that drivers are being found in violation of this new requirement, which is causing delays and difficulties in moving totes and IBCs.  In an effort to determine the extent of enforcement activity across the country, ACA met with law enforcement leadership, and along with a coalition of industry partners, has requested that “soft enforcement” be implemented by law enforcement personnel until the FMCSA has had an opportunity to reconsider this definition. 

ACA is also working towards convincing FMCSA to change the new definition of tank vehicle in order to exclude totes and IBCs.  A petition for rulemaking is being drafted and ACA and the industry coalition is seeking a meeting with FMCSA Administrator Anne Ferro to discuss it. 

Contact ACA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.