[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR397.5]

[Page 476-477]
 
                        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

[[Page 477]]

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]