Federal Motor Carrier Safety Regulations (FMCSR)

For your convenience, The Dolan Law Firm has included 49 C.F.R. Part 397, as all of Subchapter B (Federal Motor Carrier Safety Regulations) would include 980 sections of the Code of Federal Regulations. We suggest you contact a California truck accident attorney to determine how these rules and regulations may affect you, or any potential case you may have.

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CODE OF FEDERAL REGULATIONS

TITLE 49--TRANSPORTATION

SUBTITLE B--OTHER REGULATIONS RELATING TO TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
SUBCHAPTER B--FEDERAL MOTOR CARRIER SAFETY REGULATIONS
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES
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Section Contents

Subpart A-General

§ 397.1 Application of the rules in this part.
§ 397.2 Compliance with Federal motor carrier safety regulations.
§ 397.3 State and local laws, ordinances, and regulations.
§ 397.5 Attendance and surveillance of motor vehicles.
§ 397.15 Fueling.
§ 397.17 Tires.
§ 397.19 Instructions and documents.

Subpart B [Reserved]

Subpart C-Routing of Non-Radioactive Hazardous Materials

§ 397.61 Purpose and scope.
§ 397.63 Applicability.
§ 397.65 Definitions.
§ 397.67 Motor carrier responsibility for routing.
§ 397.69 Highway routing designations; preemption.
§ 397.71 Federal standards.
§ 397.73 Public information and reporting requirements.>
397.75§ 397.75 Dispute resolution.
§ 397.77 Judicial review of dispute decision.

Subpart D-Routing of Class 7 (Radioactive) Materials

§ 397.101 Requirements for motor carriers and drivers.
§ 397.103 Requirements for State routing designations.

Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125.

Source: 36 FR 4876, Mar. 13, 1971, unless otherwise noted.

Editorial Note: Nomenclature changes to part 397 appear at 66 FR 49874, Oct. 1, 2001.

Subpart A-General
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§ 397.2 Compliance with Federal motor carrier safety regulations.
A motor carrier or other person to whom this part is applicable must comply with the rules in parts 390 through 397, inclusive, of this subchapter when he/she is transporting hazardous materials by a motor vehicle which must be marked or placarded in accordance with §177.823 of this title.

[37 FR 18080, Sept. 7, 1972]

§ 397.3 State and local laws, ordinances, and regulations.
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.

§ 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-

(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

(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

(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-

(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.

(2) A qualified representative of a motor carrier is a person who-

(i) Has been designated by the carrier to attend the vehicle;
(ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends;
(iii) Has been instructed in the procedures he/she must follow in emergencies; and
(iv) Is authorized to move the vehicle and has the means and ability to do so.

(3) A safe haven in 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, Dec. 12, 1994]

§ 397.15 Fueling.
When a motor vehicle which contains hazardous materials is being fueled-

(a) Its engine must not be operating; and

(b) A person must be in control of the fueling process at the point where the fuel tank is filled.

§ 397.17 Tires.
(a) A driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked

(b) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire if found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, or inflation.

(c) If, as the result of an examination pursuant to paragraph (a) of this section, or otherwise, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. The driver shall not operate the vehicle until the cause of the overheating is corrected.

(d) Compliance with the rules in this section does not relieve a driver from the duty to comply with the rules in §§397.5 and 397.7.

§ 397.19 Instructions and documents.
(a) A motor carrier that transports Division 1.1, 1.2, or 1.3 (explosive) materials must furnish the driver of each motor vehicle in which the explosives are transported with the following documents:

(1) A copy of the rules in this part;

(2) [Reserved]

(3) A document containing instructions on procedures to be followed in the event of accident or delay. The documents must include the names and telephone numbers of persons (including representatives of carriers or shippers) to be contracted, the nature of the explosives being transported, and the precautions to be taken in emergencies such as fires, accidents, or leakages.

(b) A driver who receives documents in accordance with paragraph (a) of this section must sign a receipt for them. The motor carrier shall maintain the receipt for a period of one year from the date of signature.

(c) A driver of a motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must be in possession of, be familiar with, and be in compliance with

(1) The documents specified in paragraph (a) of this section;

(2) The documents specified in §177.817 of this title; and

(3) The written route plan specified in §397.67.

[59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998]

Subpart B [Reserved]

Subpart C-Routing of Non-Radioactive Hazardous Materials

Source: 59 FR 51830, Oct. 12, 1994, unless otherwise noted.

§ 397.61 Purpose and scope.
This subpart contains routing requirements and procedures that States and Indian tribes are required to follow if they establish, maintain, or enforce routing designations over which a non-radioactive hazardous material (NRHM) in a quantity which requires placarding may or may not be transported by a motor vehicle. It also provides regulations for motor carriers transporting placarded or marked NRHM and procedures for dispute resolutions regarding NRHM routing designations.

§ 397.63 Applicability.
The provisions of this subpart apply to any State or Indian tribe that establishes, maintains, or enforces any routing designations over which NRHM may or may not be transported by motor vehicle. They also apply to any motor carrier that transports or causes to be transported placarded or marked NRHM in commerce.

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