[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR397.67]



[Page 474]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 397_TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--Table of Contents

 

        Subpart C_Routing of Non-Radioactive Hazardous Materials

 

Sec.  397.67  Motor carrier responsibility for routing.



    (a) A motor carrier transporting NRHM shall comply with NRHM routing 

designations of a State or Indian tribe pursuant to this subpart.

    (b) A motor carrier carrying hazardous materials required to be 

placarded or marked in accordance with 49 CFR 177.823 and not subject to 

a NRHM routing designations pursuant to this subpart, shall operate the 

vehicle over routes which do not go through or near heavily populated 

areas, places where crowds are assembled, tunnels, narrow streets, or 

alleys, except where the motor carrier determines that:

    (1) There is no practicable alternative;

    (2) A reasonable deviation is necessary to reach terminals, points 

of loading and unloading, facilities for food, fuel, repairs, rest, or a 

safe haven; or

    (3) A reasonable deviation is required by emergency conditions, such 

as a detour that has been established by a highway authority, or a 

situation exists where a law enforcement official requires the driver to 

take an alternative route.

    (c) Operating convenience is not a basis for determining whether it 

is practicable to operate a motor vehicle in accordance with paragraph 

(b) of this section.

    (d) Before a motor carrier requires or permits a motor vehicle 

containing explosives in Class 1, Divisions 1.1, 1.2, 1.3, as defined in 

49 CFR 173.50 and 173.53 respectively, to be operated, the carrier or 

its agent shall prepare a written route plan that complies with this 

section and shall furnish a copy to the driver. However, the driver may 

prepare the written plan as agent for the motor carrier when the trip 

begins at a location other than the carrier's terminal.