[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: 49CFR177.838]



[Page 787-788]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 177_CARRIAGE BY PUBLIC HIGHWAY--Table of Contents

 

                     Subpart B_Loading and Unloading

 

Sec. 177.838  Class 4 (flammable solid) materials, Class 5 (oxidizing) 

materials, and Division 4.2 (pyroforic liquid) materials.



    (See also Sec. 177.834 (a) to (j).)

    (a) Lading within body or covered; tailgate closed; pick-up and 

delivery. All of that portion of the lading of any motor vehicle 

transporting Class 4 (flammable solid) or Class 5 (oxidizing) materials 

shall be contained entirely within the body of the motor vehicle and 

shall be covered by such body, by tarpaulins, or other suitable means, 

and if such motor vehicle has a tailboard or tailgate, it shall be 

closed and secured in place during such transportation: Provided, 

however, That the provisions of this paragraph need not apply to ``pick-

up and delivery'' motor vehicles when such motor vehicles are used in no 

other transportation than in and about cities, towns, or villages. 

Shipment in water-tight bulk containers need not be covered by a 

tarpaulin or other means.



[[Page 788]]



    (b) Articles to be kept dry. Special care shall be taken in the 

loading of any motor vehicle with Class 4 (flammable solid) or Class 5 

(oxidizing) materials which are likely to become hazardous to transport 

when wet, to keep them from being wetted during the loading process and 

to keep them dry during transit. Special care shall also be taken in the 

loading of any motor vehicle with Class 4 (flammable solid) or Class 5 

(oxidizing) materials, which are likely to become more hazardous to 

transport by wetting, to keep them from being wetted during the loading 

process and to keep them dry during transit. Examples of such dangerous 

materials are charcoal screenings, ground, crushed, or pulverized 

charcoal, and lump charcoal.

    (c) Lading ventilation, precautions against spontaneous combustion. 

Whenever a motor carrier has knowledge concerning the hazards of 

spontaneous combustion or heating of any article to be loaded on a motor 

vehicle, such article shall be so loaded as to afford sufficient 

ventilation of the load to provide reasonable assurance against fire 

from this cause; and in such a case the motor vehicle shall be unloaded 

as soon as practicable after reaching its destination. Charcoal 

screenings, or ground, crushed, granulated, or pulverized charcoal, in 

bags, shall be so loaded that the bags are laid horizontally in the 

motor vehicle, and so piled that there will be spaces for effective air 

circulation, which spaces shall not be less than 10 cm (3.9 inches) 

wide; and air spaces shall be maintained between rows of bags. Bags 

shall not be piled closer than 15 cm (5.9 inches) from the top of any 

motor vehicle with a closed body.

    (d)-(e) [Reserved]

    (f) Nitrates, except ammonium nitrate having organic coating, must 

be loaded in closed or open type motor vehicles, which must be swept 

clean and be free of any projections capable of injuring bags when so 

packaged. When shipped in open type motor vehicles, the lading must be 

suitably covered. Ammonium nitrate having organic coating must not be 

loaded in all-metal vehicles, other than those made of aluminum or 

aluminum alloys of the closed type.

    (g) A motor vehicle may only contain 45.4 kg (100 pounds) or less 

net mass of material described as ``Smokeless powder for small arms, 

Division 4.1''.

    (h) Division 4.2 (pyrophoric liquid) materials in cylinders. 

Cylinders containing Division 4.2 (pyrophoric liquid) materials, unless 

packed in a strong box or case and secured therein to protect valves, 

must be loaded with all valves and safety relief devices in the vapor 

space. All cylinders must be secured so that no shifting occurs in 

transit.



[29 FR 18795, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967]



    Editorial Note: For Federal Register citations affecting Sec. 

177.838, see the List of CFR Sections Affected which appears in the 

Finding Aids section of the printed volume and on GPO Access.