Hazmat · Driving and Parking Rules
Your load is placarded and no state or tribal routing designation applies to it. What does federal regulation say about the route, and what does the carrier owe you if the load is explosives?
Explanation
A motor carrier carrying hazardous materials required to be placarded or marked under 49 CFR 177.823, and not subject to a routing designation, must operate the vehicle over routes that do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets or alleys, except where the carrier determines that there is no practicable alternative, that a reasonable deviation is necessary to reach a terminal, points of loading and unloading, facilities for food, fuel, repairs, rest or a safe haven, or that a reasonable deviation is required by emergency conditions such as an established detour or a law enforcement officer directing an alternative route. Operating convenience is expressly not a basis for deciding whether the main rule is practicable, which is what keeps the exceptions from swallowing it. Before a vehicle containing Division 1.1, 1.2 or 1.3 explosives is operated, the carrier or its agent prepares a written route plan complying with the section and furnishes the driver a copy, although the driver may prepare it as the carrier's agent when the trip begins somewhere other than the carrier's terminal. The correct option states only the first of the three determinations; the other two, the reasonable-deviation list and the emergency-conditions case, are set out above and are part of the same rule. The wrong options each replace the rule's own standard with an easier one, a shortest-route test, an interstate-mileage mandate, or the claim that the absence of a designation leaves routing unregulated.
Source: 49 CFR 397.67(b) and (d)
Related Driving and Parking Rules questions
- Federal parking limits for a hazardous materials vehicle split according to whether the load is Division 1.1, 1.2 or 1.3 explosive material. What does the regulation set for each case?
- 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?
- The federal smoking rule also reaches an empty tank motor vehicle that was required to be marked or placarded for the Class 3, flammable or Division 2.1 flammable gas material it last carried. For a loaded vehicle, what does the rule forbid, and which materials does it name?
- Federal regulation puts a tire duty on the driver of a hazardous materials vehicle. When do the tires get examined, and what follows from finding a bad one?