What does 49 CFR 177.854 (Disabled vehicles and broken or leaking packages; repairs) require?

Short answer

49 CFR 177.854 requires special care to guard a vehicle and its load when a motor vehicle transporting hazardous materials is stopped on a highway or shoulder, and sets out procedures for repairing or overpacking damaged or leaking packages.

The rule says

"Whenever for any cause other than necessary traffic stops any motor vehicle transporting any hazardous material is stopped upon the traveled portion of any highway or shoulder thereof, special care shall be taken to guard the vehicle and its load or to take such steps as may be necessary to provide against hazard." (49 CFR 177.854(a))

"Disposition of containers found broken or leaking in transit. When leaks occur in packages or containers during the course of transportation, subsequent to initial loading, disposition of such package or container shall be made by the safest practical means afforded under paragraphs (c), (d), and (e) of this section." (49 CFR 177.854(b))

In plain English

When a vehicle carrying hazardous materials is stopped on the side of the road, the driver and carrier must take extra precautions to ensure the safety of the vehicle, its load, and the surrounding area. This includes removing the vehicle to a safe location, using warning devices, and taking steps to prevent hazards. If a package or container is damaged or leaking during transport, the carrier must take the safest possible measures to repair or overpack it, and may need to store it pending proper disposition.

What to do

• Remove the vehicle to a safe location to prevent hazards
• Use warning devices as required by 49 CFR 392.22, 392.24, and 392.25
• Repair or overpack damaged or leaking packages in accordance with 49 CFR 177.854(c) and (d)
• Store unsafe broken packages pending proper disposition in accordance with 49 CFR 177.854(e)