[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR177.823]

[Page 805-806]
 
                        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 806]]

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]