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over the written or stamped facsimile signature of the shipper or his duly authorized agent, the following certificate:

This is to certify that the above articles are properly described by name and are packed and marked and are in proper condition for transportation according to the regulations prescribed by the Interstate Commerce Commission.

(c) Label notation on billing. The bill of lading, or any other shipping paper, for any dangerous article other than an explosive, must also show, in connection with the entry of the article, the color or kind of label applied to the package; or, if label is not required (see $$ 80.112 (a), 80.136 (a), 80.155 (a)), the notation "No Label Required." [Pars. T21-T23]

CROSS REFERENCES: For bills of lading as regulated by the Interstate Commerce Commission, see Parts 31, 32. For bills of lading for commerce carriers by water as regulated by the Bureau of Marine Inspection and Navigation and the United States Maritime Commission, see 46 CFR Parts 1, 221.

85.22 Shipping paper with vehicle. The bill of lading, or other form of shipping paper, must be in the possession of every driver of any motor truck or other vehicle while transporting any explosive or other dangerous article.*+ [Par. T24]

85.23 Labels on packages containing other than explosives. (a) All packages containing dangerous articles other than explosives named in the lists in §§ 80.106 (b), 80.130 (c), 80.150 (b), 80.170 (b), 80.191, and similar articles defined by those sections but not listed therein by name, must be conspicuously labeled by the shipper. Exceptions and further restrictions are as follows:

(b) Packages must not be labeled (1) when exempted from labels by SS 80.107, 80.112 (a), 80.113, 80.131, 80.136 (a), 80.137, 80.151, 30.155 (a), 80.156, 80.171, 80.176 (a), 80.192, 80.205 (a) (substituting "truckload" where "carload" appears in §§ 80.112 (a) (2), 80.136 (a) (2), 80.155 (a) (2), 80.176 (a) (2), 80.205 (a) (2)), and (2) charged electric storage batteries containing electrolyte or other corrosive battery fluid.

(c) When exempted from labels by $$ 80.112 (a), 80.136 (a) 80.155 (a), packages must be plainly marked "No Label Required. (d) Labels must not be applied to packages containing articles which are not subject to the regulations in Parts 72–85, nor to packages which are exempted from labels.

(e) Shippers must not use labels which by their size, shape, and color may readily be confused with the standard caution labels prescribed.

(f) Labels must be of diamond shape, with each side 4 inches long. The color is red for inflammable liquids and inflammable compressed gases, yellow for inflammable solids and oxidizing materials, green for noninflammable compressed gases, white with black lettering for corrosive liquids, and white with red lettering for poisonous gases or liquids, poisons, and tear gases. Labels must conform to standards as to size, printing, and color, and samples will be furnished, on request, by the Bureau of Explosives. (See §§ 80.112 (c), 80.136 (c), 80.155 (c), 80.176` (b), 80.205 (b).)*+ [Par. T25]

85.30 Examination by carrier of shipping papers and packages. Carriers must examine shipping papers and packages of any explosive or other dangerous article offered for transportation to see that

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*For statutory and source citations, see note to § 85.1.

the regulations in Parts 72-85 have been complied with, that proper specification containers have been used, and that packages are in proper condition for transportation.* [Par. T30]

85.31 Equipment of motor trucks and other vehicles-(a) Lighting equipment-(1) Lights and reflectors. Every motor truck or other vehicle transporting any explosive or other dangerous article, as defined by the regulations in Parts 80-82, on any public highway between sunset and sunrise, must have two white or two amber reflectors on the front end, and two red reflectors on the rear end of the vehicle (rear of trailer if permitted herein to be used), in addition to any lights that are required, and must carry at least one complete set of electric lamp bulbs for replacement purposes.

(2) Lights or reflectors for parked or disabled vehicles. Whenever any motor truck or other vehicle containing any explosive or other dangerous article is in transit between sunset and sunrise, and is parked or becomes disabled and remains on any portion of the traveled part of any public highway, such vehicle must be protected by portable lights, portable reflectors, or other equally effective warnings that are visible from vehicles approaching from any direction for at least 200 feet.

(b) Fuel-tank inlets; flame baffles. All fuel-tank inlets shall be equipped with a device to relieve excessive internal pressure. Exhaust pipes shall be protected by a properly constructed flame baffle to prevent back-fire flames from igniting the contents of motor vehicles.* [Pars. T31, T32]

85.32 Vehicles in condition. The floors of all vehicles must be tight. Any exposed metal on the inside of the body, liable to come into contact with any package of dangerous explosive, must be covered or protected with wood or other nonmetallic material.** [Par. T33]

85.33 Fire extinguishers; inspection of vehicles. (a) Every motor truck or other vehicle, when used for transporting any explosive, must be equipped with not less than one fire extinguisher of at least 1-quart capacity each, filled and ready for immediate use, and placed at a convenient point on each motor truck or other vehicle, and such vehicle shall be inspected daily by the owner, or operator, or his representative to determine that


Fire extinguisher is filled and in working order.

Electric wiring is completely insulated and firmly secured, and that all lights are in proper working order.

(d) Chassis, engine, pan, and bottom of body are clean and free from surplus oil and grease.

(e) Fuel tank and feed line from fuel tank have no leaks. (f) Brakes and steering apparatus are in good condition.

g) In general, the vehicle is in proper condition for the safe transportation of explosives.*+ [Par. T34]

85.34 Operation of motor trucks and other vehicles-(a) Fires along roadways. Motor trucks or other vehicles transporting any explosive or other dangerous article must not pass fires of any kind

*For statutory and source citations, see note to § 85.1.

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burning on or near the public highway, unless after proper investigation this is found to be safe.

(b) Congestion, crossings, etc., avoided. In transporting by motor truck or other vehicle any explosive, or any bulk shipment of inflammable liquid or corrosive liquid, all congested thoroughfares, places where crowds are assembled, street-car tracks, tunnels, viaducts, and dangerous crossings should be avoided as much as possible. (c) Stops at crossings. (1) Motor trucks and other vehicles transporting any explosive or other dangerous article must come to a full stop before crossing any railroad track at grade, and must not cross the track until it is definitely known that the way is clear. and that no train, engine, motor, or car is approaching. Such vehicles must also come to a full stop before crossing any main public highway, and must then proceed with caution.

(2) Free-wheeling prohibited: Motor vehicles must not coast or free-wheel at any time.

(d) Riders prohibited. No passenger or unauthorized person shall be permitted to ride on any motor truck or other vehicle transporting any dangerous or less dangerous explosive.

(e) Fueling loaded trucks. No fuel shall be run into the fuel tank of any motor vehicle containing any dangerous or less dangerous explosive, except to replenish the fuel supply en route, when the fuel tank is of insufficient capacity to permit destination to be reached with one filling and then only when the engine of the vehicle is stopped.

(f) Leaving driver's seat. (1) No driver of any motor vehicle containing any explosive shall leave the driver's seat until the motor of the vehicle is stopped and the brakes are set.

(2) The driver of any vehicle other than a motor vehicle, containing any explosive, when necessary to leave the driver's seat, shall securely tie the team and set the brakes.

(g) Repairs or storage for vehicles. Motor trucks or other vehicles containing dangerous or less dangerous explosives shall never be taken into a garage or repair shop for repairs or storage. This rule will not apply to open sunshade garages where no open-flame light or burner is in use.

(h) Daylight transportation. Dangerous and less dangerous explosives, when possible, should be transported during daylight. When artificial lights are necessary, only electric lights or electric lanterns may be used.

(i) Parking. No motor truck or other vehicle transporting any dangerous explosive shall be parked on any public street adjacent to or in close proximity to any dwelling or building or place where persons work, congregate, or assemble. This does not apply to persons assisting in the loading or unloading of any vehicle.*** *[Pars. T35-T43]

85.50 Explosives-(a) Loading explosives.85 Explosives for transportation must be loaded into and transported in the body only of motor trucks or other vehicles.

35 See also §§ 85.52, 85.53.

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*For statutory and source citations, see note to § 85.1.

(b) Carrying capacity; care in loading. Motor trucks or other vehicles must not be loaded with explosives beyond their lowest rated carrying capacities, under registrations or regulations applying on the routes traveled. Packages must not be placed where they are likely to fall off of vehicles; tailboards must be closed and securely fastened during transportation; and the sides and ends of open-bodied vehicles also must be high enough to prevent any such package from falling off of vehicles.

(c) Use of bale hooks or metal tools. Bale hooks or metal tools must not be used for loading, unloading, or other handling of explosives.

(d) Explosives protected from weather. Any motor truck or other vehicle equipped with an open body must have packages of explosives loaded therein completely covered with tarpaulin to protect them from the weather and from sparks.

(e) Loading and unloading: motor to be stopped and vehicle braked. Before any explosive is loaded into or unloaded from any motor vehicle, the engine of the vehicle shall be stopped and the brakes set. For horse-drawn vehicles, the horses must have been securely tied and the brakes set.** [Pars. T50-T54]

85.51 Dangerous explosives-(a) Marking, including placarding and flags, for vehicles. (1) Every motor truck and other vehicle when used for the transportation of dangerous explosives, for example

Ammunition for cannon with explosive projectiles,

Ammunition for cannon with gas projectiles,
Ammunition for cannon with smoke projectiles,
Ammunition for cannon with incendiary projectiles.
Black powder,

Blasting caps,

Electric blasting caps,

Boosters (explosive),

Detonating fuzes,

Explosive bombs,

Explosive mines,

Explosive projectiles,

Explosive torpedoes,

Hand grenades,

High explosives,

Low explosives,

Rifle grenades,

Wet fulminate of mercury,

Wet diazodinitrophenol, and

Wet lead azide,

must be conspicuously placarded on the front end, both sides, and rear of the truck or other vehicle, with the standard "Explosives" placard, or be conspicuously and legibly marked by printing in the places indicated with the word "Explosives" in letters at least 3 inches high.

*For statutory and source citations, see note to § 85.1.

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(2) A red flag not less than 24 inches square, bearing the word "Danger" in white letters not less than 6 inches high, may also be displayed if desired.

(b) Preparation of vehicles. Vehicles used for the transportation of dangerous explosives must be in first-class condition and of sufficient carrying capacity to safely carry the load to destination. Batteries and wiring of such vehicles must be so located that neither will come into contact with any package of explosive. All wiring must be completely insulated and securely fastened to prevent short circuiting. Worn or damaged insulation must be repaired before any package of explosive is loaded into the vehicles.

(c) Drivers qualified; hours of service. (1) When the driving time for any continuous trip of a loaded motor truck or other vehicle transporting any dangerous explosive exceeds 8 hours, the driver should be accompanied by an assistant. Driver and assistant must be careful, capable, reliable, able to speak, read, and write the English language, and not addicted to the use of narcotics, or under the influence of intoxicants. Driver and assistant must be familiar with the road being traveled and the regulations and safety rules governing the transportation and handling of explosives, and shall comply therewith.

(2) Drivers shall always have vehicles under complete control.

(d) Fire precautions. No person while on or near any vehicle containing any dangerous explosive shall smoke, carry matches or any other flame-producing device (excepting signals, if required), firearms, or loaded cartridges.

(e) Delivery of shipments. Every shipment of dangerous explosive by motor truck or other vehicle shall be delivered only to Someone authorized to receive it, except such explosives shipments as are placed in magazines which are immediately thereafter locked.

(f) Unloading precautions. In unloading packages of dangerous explosives, they must never be piled immediately back of the engine exhaust of any motor vehicle.*** [Pars. T55-T60]

85.52 Dangerous and less dangerous explosives-(a) Loading dangerous and less dangerous explosives. No metal, metal tools, oil, matches, fireworks, firearms, inflammable liquid, inflammable solid, oxidizing material, corrosive liquid, compressed gas, or any other readily combustible substance, excepting equipment (including signals, if required) which is necessary for the operation of the vehicle, shall be carried on any motor vehicle or other vehicle transporting any dangerous or less dangerous explosive. Blasting caps or electric blasting caps, detonating fuzes, or boosters, must not be carried on any vehicle used in the transportation of any dangerous or less dangerous explosive, except that ammunition for cannon with explosive projectiles may be transported with detonating fuzes or boosters assembled therein.

(b) Loading less dangerous explosives.35b (1) Shipments of the following articles must be so loaded and transported in any motor 35b See also paragraph (b) and § 85.50 (a)-(e).

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**For statutory and source citations, see note to § 85.1.

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