(a) Every person whether by highway, by rail, by water or by air or otherwise, engaged in the transportation of hazardous materials within this State shall be subject to the rules and regulations contained in this Part.

(b) No person shall offer or accept a hazardous material for transportation within this State unless that material is properly classed, described, packaged, clearly marked, clearly labeled, and in the condition for shipment as required by this Part.

(c) No person shall offer or accept a hazardous material for transportation unless that material is handled and transported in accordance with this Part.

(d) Whenever the word person is used in this section, such word shall mean an individual, firm, copartnership, corporation, company, association or joint-stock association, including any public utility, and includes any trustee, receiver, assignee agent or personal representative thereof. Whenever the term motor carrier is used in this section, such term shall be interpreted to mean and include any person who transports, arranges for transport or is otherwise responsible for transportation of hazardous materials in or through the State, and shall not be limited to any technical definition of such term.

(e) Wherever, in the provisions of title 49 of the Code of Federal Regulations (CFR) herein adopted, reference is made to motor carrier such reference shall be deemed to include person as defined in subdivision (d) of this section.

(f) Where these State regulations require a shipper of hazardous materials to have someone available at all times, 24 hours a day, to answer questions with respect to the material being carried and the hazards involved, the commissioner may permit the use of a governmental agency or hotline, which is available 24 hours a day, provided that the shipper submits to the commissioner written assurance that such agency would have personnel available 24 hours a day for the purposes herein before set forth. This subdivision shall only apply to vehicles used exclusively in intrastate transportation. For vehicles used in interstate and foreign commerce, the provisions of title 49 CFR shall apply.

(g) Wherever, the provisions of title 49 CFR herein adopted, reference is made to the making of reports or giving of notices, such reference shall be deemed to mean, include and require the giving of such report, within, the time required by the incorporated provisions to: the Motor Carrier Compliance Bureau, New York State Department of Transportation, 50 Wolf Rd., Albany, NY 12232, (518) 457-1016 or e-mail [email protected].

(h) All motor carriers and persons engaged in the transportation of hazardous materials shall report immediately to the fire or police department of the local municipality or to the Division of State Police in the event there is no local police department, any incident that occurs during the course of transportation (including loading, unloading and temporary storage) as a direct result of hazardous materials:

(i) All motor carriers and persons engaged in the transportation of hazardous materials shall afford to authorized employees of the New York State Department of Transportation, authorized employees of the New York State Department of Environmental Conservation, police officers and the Division of New York State Police and the Federal Motor Carrier Safety Administration reasonable opportunity to enter vehicles or any place where hazardous materials are offered into commerce for the purpose of inspection to determine compliance with the provisions of this Part.

(j) In addition to the requirements of this Part, the Commissioner of Transportation adopts the following sections and parts of title 49 CFR with the same force and effect as though herein fully set forth at length, as the standard for classification, description, packaging, marking, labeling, preparing, handling and transporting all hazardous materials, and procedures for obtaining relief from the requirements of this Part, all of the standards, requirements and procedures contained in part 107, sections 107.101,107.105, 107.107, 107.109, 107.111, 107.113, 107.117, 107.121, 107.123, Subpart F, Subpart G, part 171, except for section 171.1, parts 172 through 199, including appendices, inclusive and part 397.