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(a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 materials must not be parked under any of the following circumstances — (1) On or within 5 feet of the traveled portion of a public street or highway; |
(2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or |
(3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. |
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(b) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. |
[59 FR 63925, Dec. 12, 1994] §397.7 — DOT Regulatory Guidance Question 1: When is a vehicle considered "parked"? Guidance: For the purposes of part 397, "parked" means the vehicle is stopped for a purpose unrelated to the driving function, (e.g., fueling, eating, loading, unloading).
Question 2: What constitutes "knowledge and consent of the person in charge," as used in §397.7(a)(2)? Guidance: In order to satisfy the requirement for "knowledge and consent," actual notice of "the nature of the hazardous materials the vehicle contains" must be given to the person in charge, and that person must affirmatively agree to allow the vehicle to be parked on the property under his/her control.
Question 3: Is the motor carrier or driver relieved from the requirements of §397.7(a)(3) if the person in charge of the private property is notified of the explosive HM contained in the vehicle? Guidance: No. A vehicle transporting Division 1.1, 1.2, or 1.3 (Class A or B) explosives must meet the 300-foot separation requirement, regardless of any notification made to any person.
Question 4: What is meant by the term "brief periods when necessities of operation require * * *" in §397.7(a)(3)? Guidance: Brief periods of time depend upon the "necessities of operation" in question. Parking a vehicle containing Division 1.1, 1.2, or 1.3 (Class A or B) materials closer than 300 feet to buildings, dwellings, etc. for periods up to 1 hour for a driver to eat would not be permitted under the provisions of §397.7(a)(3). Parking at fueling facilities to obtain fuel, oil, etc., or at a carrier's terminal would be considered necessities of operation.
Question 5: May a safe haven be designated within 300 feet of an area where buildings and other structures are likely to be occupied by large numbers of people? Guidance: The selection and designation of safe havens are a decision of the "competent government authorities" having jurisdiction over the area.
Question 6: If a motor vehicle is transporting Division 1.1, 1.2, or 1.3 (Class A or B) explosives and is parked in a safe haven, must it be in compliance with the parking requirements of §397.7? Guidance: Yes. Safe havens, as outlined in §397.5, relate to attendance and surveillance requirements. The parking restrictions of §397.7 still apply.
Question 7: May a driver transporting Division 1.1,1.2, or1.3 (Class A or B) materials park within 100 feet of an eating establishment in order to meet the attendance and surveillance requirements? Guidance: No, because it will result in a violation of §397.7(a)(3).
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