What does 49 CFR 397.67 (Motor carrier responsibility for routing) require?

Short answer

A motor carrier transporting non-radioactive hazardous materials (NRHM) must comply with NRHM routing designations of a State or Indian tribe, and a motor carrier carrying hazardous materials required to be placarded or marked must operate over routes that do not go through or near heavily populated areas, except where no practicable alternative exists.

The rule says

"A motor carrier transporting NRHM shall comply with NRHM routing designations of a State or Indian tribe pursuant to this subpart." (49 CFR 397.67(a))

"A motor carrier carrying hazardous materials required to be placarded or marked in accordance with 49 CFR 177.823 and not subject to NRHM routing designations pursuant to this subpart, shall operate the vehicle over routes which do not go through or near heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys, except where the motor carrier determines that: (1) There is no practicable alternative; (2) A reasonable deviation is necessary to reach terminals, points of loading and unloading, facilities for food, fuel, repairs, rest, or a safe haven; or (3) A reasonable deviation is required by emergency conditions, such as a detour that has been established by a highway authority, or a situation exists where a law enforcement official requires the driver to take an alternative route." (49 CFR 397.67(b))

In plain English

This rule requires motor carriers to follow specific routing designations for non-radioactive hazardous materials and to avoid heavily populated areas when transporting placarded hazardous materials, unless there's no alternative or a reasonable deviation is necessary. In practice, this means that motor carriers need to plan their routes carefully to ensure compliance with these regulations, taking into account factors like population density, road conditions, and emergency situations. Inspectors will check for compliance with these routing requirements during audits and roadside inspections.

What to do

• Review and comply with State or Indian tribe routing designations for NRHM.
• Plan routes to avoid heavily populated areas when transporting placarded hazardous materials.
• Document reasonable deviations from designated routes, such as emergency situations or lack of alternative routes.
• Train drivers on routing requirements and procedures for handling deviations.