[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR397.5]



[Page 470]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING 

RULES--Table of Contents

 

                            Subpart A_General

 

Sec. 397.5  Attendance and surveillance of motor vehicles.



    (a) Except as provided in paragraph (b) of this section, a motor 

vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material 

must be attended at all times by its driver or a qualified 

representative of the motor carrier that operates it.

    (b) The rules in paragraph (a) of this section do not apply to a 

motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all 

the following conditions exist--

    (1) The vehicle is located on the property of a motor carrier, on 

the property of a shipper or consignee of the explosives, in a safe 

haven, or, in the case of a vehicle containing 50 pounds or less of a 

Division 1.1, 1.2, or 1.3 material, on a construction or survey site; 

and

    (2) 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

    (3) The vehicle is within the bailee's unobstructed field of view or 

is located in a safe haven.

    (c) A motor vehicle which contains hazardous materials other than 

Division 1.1, 1.2, or 1.3, materials, and which is located on a public 

street or highway, or the shoulder of a public highway, must be attended 

by its driver. However, the vehicle need not be attended while its 

driver is performing duties which are incident and necessary to the 

driver's duties as the operator of the vehicle.

    (d) For purposes of this section--

    (1) A motor vehicle is attended when the person in charge of the 

vehicle is on the vehicle, awake, and not in a sleeper berth, or is 

within 100 feet of the vehicle and has it within his/her unobstructed 

field of view.

    (2) A qualified representative of a motor carrier is a person who--

    (i) Has been designated by the carrier to attend the vehicle;

    (ii) Is aware of the nature of the hazardous materials contained in 

the vehicle he/she attends;

    (iii) Has been instructed in the procedures he/she must follow in 

emergencies; and

    (iv) Is authorized to move the vehicle and has the means and ability 

to do so.

    (3) A safe haven in 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.

    (e) The rules in this section do not relieve the driver from any 

obligation imposed by law relating to the placing of warning devices 

when a motor vehicle is stopped on a public street or highway.



[59 FR 63925, Dec. 12, 1994]