What does 49 CFR 177.823 (Movement of motor vehicles in emergency situations) require?

Short answer

49 CFR 177.823 requires a carrier to ensure that a transport vehicle containing hazardous materials is marked and placarded in accordance with part 172, unless in an emergency situation where the vehicle is escorted, has permission from the Department, or movement is necessary to protect life or property.

The rule says

"A carrier may not move a transport vehicle containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172 or as authorized in 171.12a of this subchapter, or unless, in an emergency: (1) The vehicle is escorted by a representative of a state or local government; (2) The carrier has permission from the Department; or (3) Movement of the transport vehicle is necessary to protect life or property." (49 CFR 177.823(a))

In plain English

In emergency situations, carriers must take extra precautions when moving transport vehicles containing hazardous materials. This includes ensuring the vehicle is properly marked and placarded, or obtaining permission from the Department, or having the vehicle escorted by a state or local government representative. The goal is to protect life and property while minimizing the risks associated with transporting hazardous materials. Carriers must also take steps to safely dispose of leaking materials and prevent the spread of hazardous substances.

What to do

• Ensure transport vehicles containing hazardous materials are properly marked and placarded.
• Obtain permission from the Department or have the vehicle escorted in emergency situations.
• Take steps to safely dispose of leaking materials and prevent the spread of hazardous substances.
• Remove leaking vehicles from the traveled portion of the highway and employ means for safe disposal of the leaking material.