Driver (CDL) - FMCSR Part 397

49 CFR Part 397 is titled Transportation of hazardous materials; driving and parking rules. Motor carriers transporting HAZMAT must comply with applicable State statutes and municipal law ordinances unless the DOT calls for more stringent laws, in which case those may be followed.

State statues and municipal ordinances prohibit carriers from transporting HAZMAT on restricted highways and through public tunnels. Unless a special permit has been authorized, these regulations as well as federal regulations must be followed.

Section 177.810 within the HMR requires compliance with local ordinances regarding public tunnels.

Parking - A motor vehicle containing Division 1.1, 1.2, or 1.3 hazardous materials must not be parked under any of the following circumstances:

• One of within five (5) feet of the traveled portion of a highway
• On private property without knowledge and consent of the owner
• Within 300 feet of a bridge, tunnel, or dwelling except for brief periods of time where it is a necessity and would be unwise to move

A motor vehicle containing types of hazardous materials must also not be parked within five (5) feet of the traveled portion of a highway except for brief periods when the need is great and it would be impractical to move.

Fires - A motor vehicle containing hazardous materials must not be operated near an open fire unless certain measures are taken by the driver. A motor vehicle can also not be parked within 300 feet of an open fire.

Smoking - No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet from a motor vehicle containing Class 1 materials, Class 5 materials, flammable liquids classified as Division 2.1, Class 3 materials, and Divisions 4.1 and 4.2 materials; or an empty tank motor vehicle that has been used to transport Class 3 materials, flammable materials, or Division 2.1 flammable gases.

Fueling - When a CMV containing hazardous materials is being fueled, its engine must not be operated, and a person must be in control of the fueling process at all times.

Tires - Before making HAZMAT transportations, you must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. If a tire is found to be flat, leaking, or improperly inflated, the driver must properly repair, replace, or inflate the tires before the vehicle is driven. In the case of an overheated tire, you must not operate the vehicle until the cause of overheating is corrected.

Part 397 also addresses routing requirements by which a non-radioactive hazardous material (NRHM) that requires marking or placarding may or may not be transported.

As stated in §177.810, aside from radioactive materials, all NRHM must not be transported under vehicular tunnels, heavily populated areas, places where crowds are assembled, narrow streets, or alleys.

Subpart D entails routing requirements of Class 7 Radioactive Materials. No person may transport a package of highway route controlled quantity of this type of HAZMAT, unless the driver has received excepted training specific to Class 7 Radioactive Materials. Extensive regulations may be found in §397.101.

To learn more about CDL HAZMAT Transportation visit our DOT Driver (CDL) HAZMAT Transportation Online Training web page.