Driving and parking

Scope

The driving and parking rules of Part 397 apply to each motor carrier who transports hazardous materials in a motor vehicle that is required to be marked or placarded.

Regulatory citations

• 49 CFR 177.817 — Shipping papers
• 49 CFR 392.22 — Emergency signals; stopped commercial motor vehicles
• 49 CFR 392.25 — Flame producing devices
• 49 CFR 391.31 — Road test
• 49 CFR 397.11 — Fires
• 49 CFR 397.15 — Fueling
• 49 CFR 397.17 — Tires
• 49 CFR 397.19 — Instructions and documents
• 49 CFR 397.67 — Motor carrier responsibility for routing
• 49 CFR 397.7 — Parking
• 49 CFR 397 — Transportation of hazardous materials; driving and parking rules

Key definitions

• Hazardous material: A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table, and materials that meet the defining criteria for hazard classes and divisions.
• Motor vehicle: A vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

Summary of requirements

Marked or placarded vehicles containing hazardous materials should not be parked on or within five feet of the traveled portion of any roadway. If the vehicle does not contain Division 1.1, 1.2, or 1.3 materials, it may be stopped for brief periods when operational necessity requires parking the vehicle, and it would be impractical to stop elsewhere. (397.7)

A motor vehicle hauling Division 1.1, 1.2, or 1.3 (explosive) materials must not be parked:

• On or within five feet of the traveled portion of a public street or highway;
• On private property (including truck stops and restaurants) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the materials;
• Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when operational necessity requires parking the vehicle, and it would be impractical to stop elsewhere.

See Carrier Information Contact for information on parking (dropping) a trailer of hazardous materials.

See Attendance Requirements for information on attending a vehicle transporting hazardous materials.

When a marked or placarded vehicle that contains hazardous materials is being fueled its engine must be off and a person must be in control of the fueling process at the point where the fuel tank is being filled. (397.15)

A marked or placarded vehicle containing hazardous materials should not be driven near an open fire, unless careful precautions have been taken to be sure the vehicle can completely pass the fire without stopping. In addition, a marked or placarded vehicle containing hazardous materials should not be parked within 300 feet of any open fire. (397.11)

See Smoking for information on smoking and hazardous materials.

The driver of any vehicle which must be marked or placarded because it contains hazardous materials, must examine each tire on their vehicle at the beginning of each trip and each time the vehicle is parked.

If any defect is found in a tire, it should be repaired or replaced immediately. The vehicle may, however, be driven a short distance to the nearest safe place for repair.

If a hot tire is found, it must be removed from the vehicle immediately and taken to a safe distance. Such a vehicle may not be operated until the cause of the overheating is corrected. (397.17)

See Routing for information on routing requirements for hazardous materials.

Motor carriers transporting Division 1.1, 1.2, or 1.3 materials must furnish drivers with the following required documents:

• A copy of Part 397 — Transportation of Hazardous Materials; Driving and Parking Rules. Drivers are required to sign a receipt for this item. (397.19)
• Instructions on procedures to be followed in case of an accident or delay. This should include a full description of the load being hauled, precautions to be taken in emergencies, and the names and phone numbers of persons to be contacted in emergencies. Drivers are required to sign a receipt for this item. (397.19)
• Proper shipping papers (177.817).
• A written route plan for the Class 1 materials shipment (397.67). (In some cases, the driver may prepare this plan, if the trip begins at some other point than the carrier’s terminal.)