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Question 1: When is a vehicle considered “parked”?
Guidance: For the purposes of part 397, “parked” means the vehicle is stopped for a purpose unrelated to the driving function, (e.g., fueling, eating, loading, unloading).
Question 2: What constitutes “knowledge and consent of the person in charge,” as used in §397.7(a)(2)?
Guidance: In order to satisfy the requirement for “knowledge and consent,” actual notice of “the nature of the hazardous materials the vehicle contains” must be given to the person in charge, and that person must affirmatively agree to allow the vehicle to be parked on the property under his/her control.
Question 4: What is meant by the term “brief periods when necessities of operation require * * *” in §397.7(a)(3)?
Guidance: Brief periods of time depend upon the “necessities of operation” in question. Parking a vehicle containing Division 1.1, 1.2, or 1.3 (explosive) materials closer than 300 feet to buildings, dwellings, etc. for periods up to 1 hour for a driver to eat would not be permitted under the provisions of §397.7(a)(3). Parking at fueling facilities to obtain fuel, oil, etc., or at a carrier’s terminal would be.