IT PAYS TO BE SAFE
No. 21, May, 2010
Transportation of Hazardous Materials
The transportation of hazardous materials, due to their violent nature, can create an increased risk to the public as well as the operators of commercial motor vehicles. Part 397 contains the specific rules concerning the transportation of hazardous materials, marked pursuant to §177.823 including driving and parking rules.
The rules for transportation of hazardous materials pertain to not only the motor carrier and the driver, but also to the motor carrier's officers and employees that perform supervisory duties related to the transportation of hazardous materials. A motor carrier or other person transporting hazardous materials by motor vehicle, are subject to the regulations of §397, in addition to Parts 390 - 396. In addition, a driver transporting hazardous materials must comply with the local laws, ordinances and regulations of the jurisdiction in which the vehicle is being operated, unless the specific regulations of the Department of Transportation impose a more stringent obligation.
In order to ensure that a hazardous material load is not tampered with, §397.5 indicates that 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. The only exception is if the vehicle is located on the property of the motor carrier, or on the property of a shipper or consignee in a "safe haven." In that case, before the driver or the motor carrier representative can give up that responsibility, the property owner or consignee must be aware that the product is not only located on their premises, but also must be instructed in the procedures to be followed in the event of an emergency.
If the vehicle containing hazardous materials is to be parked, it cannot be parked (1) within five feet of the traveled portion of a public street or highway; (2) on private property (including premises of a fueling or eating facility), without the knowledge and consent of the person in charge of the property after making them aware of the vehicles' contents; or (3) within 300 feet of a bridge, tunnel, dwelling or place where people work or gather. There is an exception if the vehicle's operation requires the vehicle to be parked and it is impractical to park the vehicle in any other place. However, it may only be parked for a brief period-which is generally understood to be less than one hour.
Though it should go without saying, §397.13 strictly prohibits smoking any substance within 25 feet of the vehicle or operating/parking it within 300 feet of an open fire. In addition, when fueling a hazardous material vehicle, its engine must be turned off and someone must be in control of the fueling process at the point where the fuel tank is filled.
Lastly, the motor carrier must supply its driver with not only the rules in Part 397, but also documents containing instructions and procedures to be followed in the event of accident or delay, including the names and telephone numbers of persons to be contacted, the nature of commodity being transported, and the precautions to be taken in emergencies, such as fire, accidents or leakages. This is so that in the unfortunate event an accident occurs, emergency personnel are better prepared when responding to the accident, which will assist in preserving everyone's safety as much as possible.
