The format for the material contained herein
was developed using Presentation
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Presentations.
The editors of this material and the Federal
Motor Carrier Safety Administration
make no representation as to the accuracy
of the Spanish translation contained
herein. The material contained in this presentation
is for general information and
training purposes only. To determine specific
regulatory requirements, consult
the most current copy of 49 Code of Federal
Regulations Parts 397.
Los redactores
de este material y la Administración Federal de Carreteras no
hacen ninguna
representación en cuanto a la exactitud de la traducción Española
que se contenga
aqui dentro. El material que está contenido en este folleto es
para propósitos
de capacitación solamente. Para requisitos específicos, favor de
leer 49 Código
de Reglamentos Federales Parte 397.
07/01/2000
Applicability
Marked
Placarded
Marking
Placarding
397.1
The rules in this part apply to each motor
carrier engaged in the transportation of
hazardous materials by a motor vehicle which
must be marked or placarded in
accordance with 49 CFR Part 172. The rules
in this part apply to each officer or
employee who performs supervisory duties
related to the transportation of
hazardous materials or drives
the vehicle containing the hazardous materials.
Compliance
Must comply with the Federal Motor Carrier
Safety Regulations
397.2
A motor carrier or other person to which
this Part applies must comply with the
Federal Motor Carrier Safety Regulations
49 CFR Parts 390-397 inclusive when
he/she is transporting hazardous materials
requiring placarding or marking.
State
Laws
397.3
Every motor vehicle containing hazardous
materials must be driven and parked
in compliance with the laws, ordinances,
and regulations of the jurisdiction in
which it is being operated, unless they are
at variance with specific regulations of
the Department of Transportation which are
applicable to the operation of that
vehicle and which impose a more stringent
obligation or restraint.
Attendance & Surveillance
1.2, 1.2, 1.3 must be attended
397.5
A motor vehicle which contains Division 1.1,
1.2, and or 1.3 (explosive) material
must be attended at all times by its driver
or a qualified representative of the
motor carrier.
Attendance & Surveillance
Unless
On property of
carrier
On property of
Shipper
In "Safe
Haven"
50 pounds or less
on construction site
and:
Baillee is
aware of nature of explosives, and
Vehicle is
within Bailee's unobstructed field of view or in a "Safe Haven"
397.5
There is an exception to the attendance requirements
for Division 1.1, 1.2, and or
1.3 (explosive) material if all of the following
conditions are met: (1)the
explosives are on the carriers property,
(2) on the property of the shipper or
consignee, (3) in a Asafe haven,@ (4) contains 50 pounds or less on a construction
site.
The lawful bailee (one to whom the explosives
are entrusted) is aware of the
nature of the explosives and the expolives
are within his unobstructed view
A motor vehicle which contains hazardous
materials other than Division 1.1, 1.2,
and or 1.3 (explosive) material which is
located on a public street or highway or
the shoulder must be attended by its driver.
The driver may perform duties
necessary for the operation of the vehicle.
Attendance & Surveillance
A Motor Vehicle is attended
if the "Person" is:
On
vehicle
Awake
Not in Sleeper berth
Is within 100 feet and
has it in their unobstructed view
397.5
A motor vehicle is attended if the person
in charge of the motor vehicle is either
on the vehicle, but not in the sleeper berth,
and awake or is within a hundred feet
of the vehicle and has it within his/her
unobstructed view. The person in charge
may be the driver or another qualified representative
of the motor carrier.
A qualified representative of the motor carrier
is an individual who:
-Has been designated by the motor carrier
to attend the vehicle
-Has been made aware of the nature of the
hazardous materials on the
vehicle
-Has been instructed in emergency procedures
-Is authorized to move the vehicle and has
the means to do so.
Attendance & Surveillance
A "Safe Haven" is an area
specifically approved in writing by:
Local, State or Federal Governmental
Authority
For the parking of unattended
vehicles containing Division 1.1, 1.2, 1.3 materials
397.5
A ASafe Haven@ must be approved in writing by a Local, State, or Federal government
authority.
Parking
Must not be parked:
On or within 5 ft of the traveled portion of a public
road or highway.
On private property
without the knowledge and permission of the property owner.
Within 300 ft of a
bridge, tunneldwelling or place where people work.
397.7
Motor vehicles transporting Division 1.1,
1.2, and /or 1.3 materials must not be
parked:
(1) On or within 5 ft of the traveled portion
of a public road or highway.
(2) On private property without the knowledge
and permission of the property
owner.
(3) Within 300 ft of a bridge, tunnel, dwelling
or place where people work.
Parking
Must not be Parked:
On or within 5ft of the traveled portion
of a public road or highway except for brief periods for operational necessity
when it is impractical to park elsewhere
397.7
Motor vehicles transporting all other hazardous
materials must not be parked:
(1) On or within 5 ft of the traveled portion
of a public road or highway except
for brief periods for operational necessity.
Fires
397.11
Motor vehicles transporting hazardous materials
must not be operated near an
open fire unless the driver has taken precautions
to insure that the vehicle can
safely pass the fire without stopping.
Motor vehicles transporting hazardous materials
must not be parked within 300
feet of an open fire.
Smoking
397.13
No person may smoke or carry a lighted cigarette,
cigar, or pipe within 25 feet
of:
(1) A motor vehicle transporting Class 1materials,
Class 5 materials, or
flammable materials classified as Division
2.1, Class 3, Division 4.1 and 4.2., or
(2) An empty tank motor vehicle which has
been used to transport Class 3
materials or Division 2.1 materials that
were required to be placarded.
Fueling
397.15
When a motor vehicle transporting hazardous
materials is being fueled
- The vehicle engine must not be operating
- The person fueling the vehicle must be
in control of the fueling process at the
point where the fuel tank is filled
Tires
397.17
Drivers operating motor vehicles transporting
hazardous materials equipped with
dual tires on any axle must check the tires:
(1) Every 2 hours or 100 miles whichever
occurs first.
(2) At the beginning of every trip
(3) Each time the vehicle is parked
The driver when making these checks must
comply with the rules in 49 CFR
397.5 and 397.7
Tires that are found to be flat, leaking,
or improperly inflated shall be repaired
before the vehicle is driven. However the
vehicle may be driven to the nearest
safe place in order to effect repairs.
Tires that are found to be overheated will
be immediately removed and placed at
a safe distance from the motor vehicle. The
driver shall not operate the vehicle
until the source of overheating is corrected.
Instructions and Documents
1.1, 1.2, 1.3 must have:
Copy of Part 397
Emergency Instructions
397.19
A motor carrier that transports Division
1.1,1.2, and/or Division 1.3 materials
must furnish the driver with:
(1) copy of the rules in Part 397
(2) emergency instructions including telephone
numbers of individuals to
notify, the nature of the explosives, and
the precautions to be taken in case
of fires, accidents or leakage.
The driver must sign a receipt for these
documents and this receipt must be kept
on file for 1 year from the date of signature.
The driver must be familiar with these documents
and they must be in his
possession. In addition the driver must have
a copy of a written route plan that
complies with 49 CFR 397.67.
Motor Carrier Responsibility for Routing
For NRHM must comply with State and Indian Tribe NRHM
routing
Placarded and Marked Vehicles must avoid heavily populated
areas, tunnels, etc.
1.1, 1.2, 1.3 must have a written route plan
397.67
For Non Radioactive Hazardous Materials (
NRHM) must comply with State
and Indian Tribe NRHM routing
Placarded and Marked vehicles that are not
subject to NRHM from either a State
or Indian Tribe must avoid heavily populated
areas, tunnels, etc. Deviations are
allowed where no practical alternative exists
or to reach terminals, rest and
fueling stops, etc. Deviations for operating
convenience are not allowed.
Division 1.1, 1.2, 1.3 materials must have
a written route plan
Requirements for Motor Carriers and Drivers
For Class 7 material requiring placarding operating on
routes that minimize risk
HRCQ Class 7 material
must use preferred route only under certain circumstances
Deviation from preferred
routes only under certain circumstances
HRCQ Class 7 material
must have a written route plan
Additional training
requirements
Reports to FMCSA
397.101
Motor carriers transporting and drivers who
operate motor vehicles containing
Class 7 material requiring placarding must
1 Operate these vehicles on routes that minimize
risk
2 Highway Route Controlled Quantities (HRCQ)
Class 7 material must use
preferred route
3 Deviation from preferred routes only under
certain circumstances
4 HRCQ Class 7 material must have a written
route plan with a copy
provided to the driver and the shipper.
5 Additional training requirements
6 Reports to FMCSA are required for shipments
of HRCQ Class 7 material
