['Hazmat: Highway']
['Attendance requirements - Hazmat', 'Safe havens - Hazmat']
09/13/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
Scope
Any marked or placarded vehicle containing hazardous materials which is on a public street, highway, or shoulder must always be attended by the driver.
Regulatory citations
- 49 CFR397.5 — Attendance and surveillance of motor vehicles
Key definitions
- Attended: A motor vehicle is attended when the person in
charge is:
- On the vehicle, awake, and not in the sleeper berth; or
- Within 100 feet of the vehicle and has an unobstructed view of it.
- Bailee: An individual who temporarily gains possession, but not ownership, of a good or other property.
- Consignee: The person (buyer) or place shown on a shipping document, package marking, or other media as the person or place receiving the hazardous material.
- Consignor: The person (seller or shipper) or place shown on a shipping document, package marking, or other media as the person or place shipping the hazardous material.
- Safe haven: An area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
Summary of requirements
A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must always be attended by its driver or by a qualified representative of the carrier, except when all the following conditions exist:
- The vehicle is located on the property of the carrier, consignor, or consignee, in a safe haven or for a vehicle with 50 pounds or less of Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and
- The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and
- The vehicle is within the unobstructed field of view or is in a safe haven.
A motor vehicle containing hazardous materials, other than Division 1.1, 1.2, or 1.3 materials, must be attended by its driver when that vehicle is on a public street, highway or the shoulder of any such road.
Exception. The only exception is when the driver is performing duties necessary to the operation of the vehicle.
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['Hazmat: Highway']
['Attendance requirements - Hazmat', 'Safe havens - Hazmat']
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