§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 —
(b)(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
(b)(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
(b)(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 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 —
(d)(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.
(d)(2) A qualified representative of a motor
carrier is a person who —
(d)(2)(i) Has been designated by the carrier
to attend the vehicle;
(d)(2)(ii) Is aware of the nature of the
hazardous materials contained in the vehicle he/she attends;
(d)(2)(iii) Has been instructed in the
procedures he/she must follow in emergencies; and
(d)(2)(iv) Is authorized to move the
vehicle and has the means and ability to do so.
(d)(3) A safe haven is 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,