What does 49 CFR 397.5 (Attendance and surveillance of motor vehicles) require?

Short answer

49 CFR 397.5 requires a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) materials to be attended at all times by its driver or a qualified representative of the motor carrier, with exceptions for certain locations and conditions.

The rule says

"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." (49 CFR 397.5(a))

"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" (49 CFR 397.5(b)(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." (49 CFR 397.5(d)(1))

In plain English

This rule is about keeping an eye on vehicles carrying explosive materials to prevent accidents or unauthorized access. The driver or a qualified representative must stay with the vehicle at all times, unless it's in a safe location like a carrier's property or a designated safe haven. Even then, the vehicle must be visible to the person in charge.

What to do

• Ensure that drivers understand the attendance requirements for vehicles carrying explosive materials.
• Designate qualified representatives to attend vehicles when drivers are not available.
• Identify safe locations for unattended vehicles, such as carrier properties or designated safe havens.
• Establish procedures for monitoring vehicles and ensuring they are within the attendant's unobstructed field of view.