§ 32:1502 — Definitions

§1502. Definitions
For all purposes of this Chapter and regulations applicable thereto, the
terms defined in this Section shall have the following meanings unless the
context or use clearly indicates otherwise:
(1) "Carrier" means any person who transports in a transport vehicle
hazardous materials, freight or passengers subject to this Chapter and includes
a common, contract, or private carrier.
(2) "Common carrier" means any carrier other than a contract carrier
or private carrier.
(3) "Contract carrier" means a for-hire carrier who transports hazardous
materials, freight, or passengers tendered exclusively by shippers under special
contract and whose services are not available to the public.
(4) "Department" means the Department of Public Safety and
Corrections.
(5) "Freight" means anything that is loaded for transportation.
(6)(a) "Hazardous materials" means any gaseous, liquid, or solid
material which because of its quantity, concentration, or physical, chemical,
or biological composition poses a substantial present or potential hazard to
human health, the environment, or property when transported in commerce, or
which material is identified or designated as being hazardous by rules and
regulations adopted and promulgated by the secretary of the Department of
Public Safety and Corrections pursuant to the Louisiana Administrative
Procedure Act. The secretary, in finding that a material is hazardous, shall
consider the following factors with respect to each material:
(i) Actual or relative potential for harm to human health, the
environment, or property when transported in commerce.
(ii) Scientific evidence of its potential for harm based upon quantity,
concentration, or chemical or biological composition.
(iii) State of current scientific knowledge regarding the material.
(iv) Its history and current pattern of harm.
(v) Actual or potential volatility when combined with other common
substances likely to be encountered during transportation in commerce.
(vi) Actual or relative potential for harm to human health if allowed to
escape its containment.
(b) The rules and regulations adopted by the secretary of the
Department of Public Safety and Corrections shall be consistent with the Code
of Federal Regulations Title 49. "Explosives" as defined and regulated by R.S.
40:1472.1 et seq. shall be considered to be hazardous material subject to
regulation by this Chapter.
(7) "Hazardous waste" shall be defined as provided in R.S. 30:2173.
(8) "Person" means a natural person, firm, association, partnership,
copartnership, joint venture, corporation, or other legal entity.
(9) "Private carrier" means a carrier who transports hazardous
materials, freight, or passengers for its use or for other purpose without reward
or compensation.
(10) "Secretary" means the secretary of the Department of Public
Safety and Corrections or his designee.
(11) "Transport vehicle" means a motor vehicle, rail freight car, freight
container, cargo tank, portable tank, aircraft, or vessel used to transport
hazardous materials, freight, or passengers.

Legislative History

Added by Acts 1979, No. 83, §1. Amended by Acts 1980, No. 603, §1, eff. July 23, 1980; Acts 1981, No. 262, §1; Acts 1984, No. 412, §1; Acts 1985, No. 113, §1, eff. June 29, 1985; Acts 1985, No. 549, §1, eff. July 12, 1985; Acts 1987, No. 845, §1.