[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR177.823]



[Page 781-782]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 177_CARRIAGE BY PUBLIC HIGHWAY--Table of Contents

 

              Subpart A_General Information and Regulations

 

Sec. 177.823  Movement of motor vehicles in emergency situations.



    (a) A carrier may not move a transport vehicle containing a 

hazardous material unless the vehicle is marked and placarded in 

accordance with part 172 or as authorized in Sec. 171.12a of this 

subchapter, or unless, in an emergency:

    (1) The vehicle is escorted by a representative of a state or local 

government;

    (2) The carrier has permission from the Department; or

    (3) Movement of the transport vehicle is necessary to protect life 

or property.

    (b) Disposition of contents of cargo tank when unsafe to continue. 

In the event of a leak in a cargo tank of such a character as to make 

further transportation unsafe, the leaking vehicle should be removed 

from the traveled



[[Page 782]]



portion of the highway and every available means employed for the safe 

disposal of the leaking material by preventing, so far as practicable, 

its spread over a wide area, such as by digging trenches to drain to a 

hole or depression in the ground, diverting the liquid away from streams 

or sewers if possible, or catching the liquid in containers if 

practicable. Smoking, and any other source of ignition, in the vicinity 

of a leaking cargo tank is not permitted.

    (c) Movement of leaking cargo tanks. A leaking cargo tank may be 

transported only the minimum distance necessary to reach a place where 

the contents of the tank or compartment may be disposed of safely. Every 

available means must be utilized to prevent the leakage or spillage of 

the liquid upon the highway.



[Amdt. 177-35, 41 FR 16130, Apr. 15, 1976, as amended by Amdt. 177-67, 

50 FR 41521, Oct. 11, 1985; Amdt. 177-86, 61 FR 18933, Apr. 29, 1996]