Provisions for the One Time Movement of Non-Conforming Containers Presenting Low Safety Risks

11.1 Scope

The purpose of this section is to authorize the one time movement within Canada of certain non-conforming containers where the non-conformance is relatively minor in nature or where measures have been taken to reduce the safety risks to a minimal level. In all cases the movement must be for the purposes of cleaning, testing, repairing, dismantling or unloading and only when it is not possible or unsafe to remedy the non-conformance at the location where it was discovered.

11.2 Maintenance of Defective Tank Car Service Equipment in Transportation

11.2.1 Maintenance to Stop a Leak

If maintenance or temporary repair of service equipment is performed during transport to stop a leak and a leak test is required, the tank car may continue to destination without a leak test. Instances where the leak test is required would include restoration of the joint integrity between the tank car tank and service equipment, repairs or other similar maintenance such as rebuilding of service equipment. The person having conducted the maintenance or temporary repair must:

  1. tag, label, or mark the service equipment in such a way as to convey the need for a leak test before the tank car is offered for transportation in the loaded condition; and
  2. notify the owner of the tank car of the need for a leak test before the tank car is offered for transportation in the loaded condition.

11.2.2 Leak Test Required

A tank car that is identified as being in need of a leak test in accordance with the requirements set out in clause 11.2.1 must not be offered for transportation in the loaded condition before acceptable results from the leak test have been obtained.

11.2.3 Maintenance Validation

When the maintenance or temporary repair referred to in clause 11.2.1 is not performed by a tank car facility, or is not in accordance with the owner's procedures, the maintenance or temporary repair must be validated, and the service equipment must be leak tested by a tank car facility before the tank car is next loaded.

11.3 Movement of Certain Non-conforming Tank Cars and Other Railway Vehicles in Canada

Non-conforming tank cars and hopper cars in one of the situations described below may be transported for the purposes of cleaning, repairing, testing, dismantling or unloading, and only when it is not possible or unsafe to remedy the situation at the location where it was discovered.

11.3.1 Cleaned or Residue Railway Vehicles

Subject to clause 11.4 a cleaned tank car or residue hopper car with a non-conformity other than structural damage that could affect its product retention capability or capability to withstand normal train loads.

11.3.2 Overloaded Tank Cars

A tank car that is found to be overloaded by weight in transportation by 3000 lb. or less when measured on a weight-in-motion scale or 1000 lb. or less when measured on a static scale and the outage is within the regulatory limits.

11.3.3 Overloaded Railway Vehicles other than Tank Cars

A railway vehicle other than a tank car loaded with solid dangerous goods and that is found overloaded by weight in transportation by 5000 lb or less.

11.3.4 Tank Car with Missing or Damaged Service Equipment Parts

A tank car with missing or damaged parts of service equipment, excluding eduction pipes provided the integrity of the service equipment closure(s) or its capability to prevent a release is not affected. For example missing magnetic gauging device rod, valve handle or pipe plug chain.

11.3.5 Tank Car with a Defective Closure with other than Class 2 Dangerous Goods.

Subject to clause 11.4 a tank car containing a residue of dangerous goods other than Class 2, that is empty of liquid, with a defective primary or secondary closure, but the functional primary or secondary closure is closed and properly secured and would prevent a release in transportation in accordance with clause 4.10 and the service equipment has been tagged, labelled or marked in such a way as to convey the need for repair and for a leak test before the tank car is offered for transportation in the loaded condition.

11.3.6 Tank car with a Defective Closure with a Residue of Class 2 Dangerous Goods.

Subject to clause 11.4 a tank car that has a defective closure that resulted or could have resulted in a release and that has been depressurized to 1 psi or less, from which all liquid dangerous goods has been removed and that would not develop any detectable release if the pressure rose slightly as a result of ambient temperature variation during transport and corrective action or maintenance has been performed. In addition any other closure associated with the defective closure is closed and properly secured in accordance with clause 4.10.

11.3.7 Tank Car with Damage to a Required Jacket

Subject to clause 11.4 a tank car that has incurred damage solely to its jacket such that the jacket is deformed or no longer "weather tight" and the tank car retains its minimum insulation or thermal protection properties.

11.3.8 Tank Car with Damage to a Non-Mandatory Insulation System

Subject to clause 11.4 a tank car with jacket or insulation damage where insulation is not a specification requirement and the outage is no less than that authorized for a non-insulated tank car.

11.3.9 Tank Car with a Defective Lining or Coating

Subject to clause 11.4 a tank car with a defective internal lining or coating that has not resulted in damage to the tank shell or head.

11.3.10 Tank car with Defective Exterior Heater Coils

Subject to clause 11.4 a tank car with a defective exterior heater coil provided the defect does not compromise the integrity of the tank.

11.3.11 Tank Car with Defective Interior Heater Coils or Closure

Subject to clause 11.4 a tank car with defective interior heater coils or closure and containing a dangerous goods residue that has adequately solidified to preclude any release and all end caps are placed on the coils and closure when so equipped.

11.3.12 Structurally Damaged Tank Car

Subject to clause 11.4 a cleaned tank car tank car with structural damage that could affect its product retention capability or capability to withstand normal train loads which is loaded on another railway vehicle and properly secured with all necessary blocks, chains and binders in accordance with applicable AAR loading and securement practices.

11.3.13 Tank car with a Damaged Stub Sill

Subject to clause 11.4 a tank car with a damaged stub sill at one end where the damage does not or is not likely to affect the tank car tank when the tank car is placed at the end of a train with the damaged end trailing.

11.3.14 Tank Car with Non-Critically Cracked Attachment Welds

Subject to clause 11.4 a tank car with a transverse or longitudinal crack in a weld attaching pads to tank or sills to pads or head braces to pads or sills. In most instances a single transverse crack equal to or less than 3 in. in length or a single longitudinal crack equal to or less than 6 in. in length will not be considered critical. If it cannot be determined with certainty that a crack resides in the weld only then the above criteria does not apply.

11.3.15 Tank car with Inadequate Safety Marks 

Subject to clause 11.4 a tank car with incorrect stencilled or stamped specification marks, qualification marks or marks required by an equivalency certificate.

11.3.16 Damaged or Defective Protective Housing

Subject to clause 11.4 a Class 111 or AAR211 tank car with a damaged or defective protective housing or manway cover assembly and that is leaktight.

11.4 Additional requirements

11.4.1 Stencilling

The tank car must be stencilled on each side adjacent to the car number in 7.5 cm (3 in.) minimum size letters with the words "DEFECTIVE CAR MOVING FOR REPAIR -DO NOT LOAD" or words/markings conveying a similar message. In addition, for tank cars with defective service equipment, the specific component must be tagged with the above wording or wording conveying a similar message.

11.4.2 Shipping Documents

The shipping document that accompanies the dangerous goods must indicate that the railway vehicle is moving under the authority of this section and indicate the nature of the defect.

11.5 Movement of Certain Non-Conforming Ton Containers

11.5.1 Service equipment defects

A ton container that has a leaking or defective service equipment device, other than a reclosing pressure-relief device may be transported for the purposes of cleaning, repairing, or unloading, and only when it is not possible or unsafe to remedy the situation at the location where it was discovered, under the following conditions:

  1. a Chlorine Institute Capping "Kit B" is applied to prevent any leaks;
  2. the ton container is tagged to indicate it is defective;
  3. the ton container with the capping kit is tested prior to transport to ensure there is no leak; and
  4. the ton container is loaded and properly secured to prevent any movement during transport.

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