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Hazmat · Driving and Parking Rules

Your placarded vehicle carries a hazardous material that is not Division 1.1, 1.2 or 1.3, and it is stopped on the shoulder of a public highway. Who has to attend it, and what counts as attending?

1.Its driver has to, and the driver is attending while on the vehicle, awake and out of the sleeper berth, or within 100 feet of it with it in unobstructed view; the duty lifts while the driver is performing duties incident and necessary to operating the vehicleCorrect answer
2.Any employee the carrier chooses to designate may attend it in the driver's place, and attending means no more than staying within 300 feet of the vehicle while carrying a working mobile radio or telephone tuned to the channel the carrier's dispatcher is monitoring
3.Nobody has to attend it at all, because the attendance rule in this part reaches only a vehicle that contains Division 1.1, 1.2 or 1.3 explosive material, and a load outside those three divisions falls outside the rule altogether
4.The driver has to stay on board the vehicle and awake the whole time it is stopped there, with no allowance at all for stepping away from it and none whatever for the ordinary duties of actually operating the vehicle

Explanation

A vehicle containing hazardous materials other than Division 1.1, 1.2 or 1.3 material that is located on a public street or highway, or the shoulder of one, must be attended by its driver, though it need not be attended while the driver is performing duties that are incident and necessary to the driver's duties as the operator of the vehicle. Attended has a defined meaning: the person in charge is on the vehicle, awake and not in a sleeper berth, or is within 100 feet of the vehicle and has it within an unobstructed field of view. The qualified-representative substitute that the same section allows belongs to the explosives rule, not to this one, so for a non-explosives load on the shoulder the driver is the named attendant. The wrong options each break one piece of that, handing the duty to any designated employee at triple the distance, reading the rule as explosives-only, or removing both the 100-foot allowance and the exception for the driver's own operating duties.

Source: 49 CFR 397.5(c) and (d)(1)

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