49 CFR 397.5 - Attendance and surveillance of motor vehicles
| Cite as | 49 CFR 397.5 |
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23 practice notes
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Part III
...worksites and facilities because DOT already has attendant requirements for vehicles containing explosives on public highways at 49 CFR 397.5. Proposed paragraph (e)(3)(ii)(A) clarifies that the vehicle containing explosives is considered ``attended'' only when the driver or another respons......
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Carrier Safety Fitness Determination
...49 CFR 396.17(g).................. Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards. 49 CFR 397.5(a)................... Failing to ensure a motor containing Division 1.1, 1.2, or 1.3 (explosive) material is attended at all times by its drive......
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Separate Parts In This Issue
Part III
Labor Department, Occupational Safety and Health Administration,
...worksites and facilities because DOT already has attendant requirements for vehicles containing explosives on public highways at 49 CFR 397.5. Proposed paragraph (e)(3)(ii)(A) clarifies that the vehicle containing explosives is considered ``attended'' only when the driver or another respons......
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Hazardous materials:
Explosives and other high-hazard materials; storage during transportation,
...storage, unless the motor vehicle is located on the motor carrier's property, the shipper or consignee's property, or at a ``safe haven'' (49 CFR 397.5). Under the FMCSRs, a ``safe haven'' is defined as an area specifically approved in writing by Federal, State, or local government authorit......
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5 cases
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Walker v. Osterman Propane LLC, Civil Action No. 17-10416-PBS
...a 100-foot unobstructed view of their vehicles when they are on a public street or highway, or on the shoulder of a public highway. 49 C.F.R. § 397.5(c). However, propane delivery vehicles do not need to be "attended at all times," as they would if transporting an explosive material. 49 C.F......
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Porter v. Petroleum Transp., Inc., CIVIL ACTION NO. 2:10-cv-01384
...that he was not leaving his truck during his meal period because federal regulations prohibited him from leaving the truck unattended. 49 C.F.R. § 397.5 provides that a motor vehicle containing certain materials "must be attended at all times by its driver or a qualified representative of t......
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Katz v. Quality Bldg. Servs., 2009 NY Slip Op 51548(U) (N.Y. Sup. Ct. 7/6/2009), 100574-2009
...50 AD2d 35 [1st Dept 2008] [stating that although leaving tanker trucks with hazardous materials unattended on a public street violated 49 CFR 397.5, this violation did not create a substantial and specific danger to the public health or safety; the claim that the violation would present su......
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Katz v. Quality Bldg. Servs., 2009 NY Slip Op 31499(U) (N.Y. Sup. Ct. 7/6/2009), 100574-2009
...50 AD2d 35 [1st Dept 2008] [stating that although leaving tanker trucks with hazardous materials unattended on a public street violated 49 CFR 397.5, this violation did not create a substantial and specific danger to the public health or safety; the claim that the violation would present su......
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2 firm's commentaries
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DOT Preempts California Meal And Rest Breaks Laws Under Federal Hazmat Regulations
...49 C.F.R. §§ 107.209, 171.1. See Federal Register, Vol. 83, No. 184 (Sept. 21, 2018) at 47961-47969. See 49 C.F.R. § 177.800(d). See 49 C.F.R. § 397.5. See 49 C.F.R. § See 49 C.F.R. § 107.211(a). The content of this article is intended to provide a general guide to the subject matter. Speci......
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DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations
...C.F.R. §§ 107.209, 171.1. 5 See Federal Register, Vol. 83, No. 184 (Sept. 21, 2018) at 47961-47969. 6 See 49 C.F.R. § 177.800(d). 7 See 49 C.F.R. § 397.5. 8 See 49 C.F.R. § 172.800-172.802. 9 See 49 C.F.R. § 107.211(a). Richard RahmKai-Ching Cha...