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truck or other vehicle that sparks cannot come into contact with the packages:

Ammunition for cannon with empty projectiles,

Ammunition for cannon with sand-loaded projectiles,
Ammunition for cannon with solid projectiles,
Ammunition for cannon without projectiles,


Smokeless powder for cannon, and

Smokeless powder for small arms.

(2) Packages loaded for transportation should be in a completely closed vehicle or should be covered with tarpaulin.

(c) Fire precautions, less dangerous explosives. The driver shall at all times be in attendance at any vehicle in which any less dangerous explosive is being transported, and no matches may be carried nor any smoking permitted on or near the vehicle. The only lights permitted on the vehicle shall be of the electric type and the wiring must be inspected daily for the detection of defects and for repairs that are necessary to prevent short circuits.

(d) Marking for vehicles containing less dangerous explosives, except fireworks (see below). Every motor truck or other vehicle, when used for the transportation of any less dangerous explosive, except fireworks, must be conspicuously placarded on the front end, both sides, and rear with the standard "Inflammable" placard, or be conspicuously and legibly marked by printing in the places indicated with the word "Inflammable" in letters at least 3 inches high.

(e) Marking for vehicles containing fireworks. Every motor truck or other vehicle carrying fireworks must be conspicuously and legibly marked by printing on the front end, both sides, and rear with the word "Fireworks" in letters at least 3 inches high.** [Pars. T61-T65]

85.53 Relatively safe explosives—(a) Loading relatively safe explosives.35c Shipments of the following articles may be loaded into and transported in motor trucks or other vehicles authorized herein when in good condition:

Cannon primers,

Combination fuzes,

Combination primers,

Cordeau detonant,

Delay electric igniters,

Electric squibs,

Empty cartridge bags-black-powder igniters,

Empty cartridge shells, primed,

Empty grenades, primed,

Fuse igniters,

Fuse lighters,

Instantaneous fuse,

Percussion caps,

Safety squibs,

Small-arms ammunition,

35c See also § 85.50 (a)-(e).

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

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Small-arms primers,

Time fuzes,

Tracer fuzes, and

Percussion fuzes.

(b) Fire precautions. The driver must not smoke, nor permit any smoking, on or near any vehicle while these articles are being transported therein.

(c) Marking of vehicles. No placards or other marking is required on vehicles transporting any of the foregoing articles.* [Par. T66]

85.54 Damaged explosives packages in transit. (a) Whenever any package of explosive in transit is found to be leaking or damaged and cannot be recoopered, it may not be transported beyond the minimum distance necessary to reach a place where the explosive may be disposed of with safety.

(b) (1) Any package of explosive found injured or broken in transit may be repaired or recoopered when this is evidently practicable and not dangerous. A box that contains any explosive and is so damaged that it cannot be repaired should be reinforced by stout wrapping paper and twine, placed in another strong box, and surrounded by dry, fine sawdust, or dry and clean cotton waste, or elastic wads made from dry newspapers. A ruptured can or keg should be inclosed in a grain bag of good quality, and boxed. Injured packages thus protected, and properly marked with name of contents and consignee's name and address, may be carried to destination.

(2) When particles of any explosive composition have escaped from a damaged container to the floor of the body of the carrier's vehicle, the floor must be thoroughly swept and washed with water. Water will prevent the explosion of practically all substances except dynamite.** [Pars. T67-T68]

85.55 Trailers and semitrailers for explosives. No explosive may be transported in any form of trailer, except as otherwise provided herein, nor shall any trailer be attached to any motor truck or other vehicle transporting any explosive. The following articles may be transported in semitrailers:


Cordeau detonant.

Delay electric igniters.

Electric squibs.

Fuse lighters.

Instantaneous fuse.

Safety squibs.

Small-arms ammunition.

Small-arms primers.*t [Par. T69 as amended Oct. 19, 1936]

85.70 Loading of dangerous articles other than explosives." Motor trucks or other vehicles must not be loaded with dangerous articles other than explosives beyond their lowest rated carrying


See also provisions concerning the loading of inflammable liquids, § 85.73, and inflammable solids, § 85.90.

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

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.* [Par. T75]

85.71 Inflammable liquids-(a) Smoking prohibited; muffler cut-out not used. No smoking by any driver or helper on any vehicle carrying inflammable liquid shall be permitted while driving their vehicle on the road, making deliveries, filling either lading or fuel tanks, or making any repairs to the vehicle. A loaded truck shall not be driven with muffler cut-out open.

(b) Outage (free space) in tanks and other containers. Containers must not be entirely filled. Sufficient interior space must be left vacant to prevent leakage from or distortion of any tank or compartment thereof, due to expansion of contents from increase in temperature in transit. The free space (outage) in any tank or compartment shall not be less than three-fourths of 1 percent of the capacity thereof.*t [Pars. T76, T77]

85.72 Inflammable liquids in containers other than tanks-(a) Loading into vehicles. Boxes, barrels, kegs, drums, or carboys, containing any inflammable liquid must be loaded and transported with filling holes up. Cylinders must be loaded and transported in horizontal position, except when the vehicle of transportation is provided with high sides or racks and an efficient means for securely holding the cylinders in an upright position, and except when the cylinders are packed in boxes or crates; and care should be exercised to prevent damage to valves or valve fittings. Cylinders must be so loaded that during transportation no pressure upon the valves from the outside will be possible.

(b) Leaking containers not transported. Leaking containers must not be offered for transportation or transported.*+ [Par. T78] 85.73 Inflammable liquids in bulk in tanks-(a) Regulations complied with; inflammable liquids. Inflammable liquids may be transported in bulk when in tanks of motor trucks or motor semitrailers, with not to exceed one tank trailer to each such truck or semitrailer, in compliance with the regulations in this part.

(b) Vehicle in condition. No tank truck, tank trailer, or tank semitrailer shall be operated unless it is in good repair, with tank or tanks clean and free of leaks. Such vehicle shall be equipped with rubber tires, and each tank truck or tank semitrailer shall have a competent driver.

(c) Vehicle always attended. The driver, operator, or attendant of any tank vehicle shall not leave the vehicle while the tank is being filled or discharged. The delivery hose, when attached to any tank vehicle, shall be considered as part of the vehicle.

(d) Motor stopped during loading and unloading. Motors of tank vehicles must not be running during the making and breaking

368 See also § 85.70.

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

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of hose connections. If any loading or unloading is done without the use of power pump on the tank vehicle, the tank vehicle motor must not be running during such operation.

(e) Fire extinguishers required. Every tank truck, tank trailer, and tank semitrailer shall be equipped with at least one approved hand fire extinguisher, of type suitable for extinguishing inflammable-liquid fires, and located in an accessible place. Fire extinguishers shall at all times be kept in good operating condition.** [Pars. T79T83]

CROSS REFERENCE: For requirements of the Bureau of Marine Inspection and Navigation to be met by tank vessels carrying inflammable liquids, see 46 CFR Park 31.

85.74 Tank vehicles for inflammable liquids-(a) Previous and new construction. Provided they are in safe operating condition, motor tank vehicles, or the tanks of motor tank vehicles, constructed previous to the effective date of the regulations in this part, may continue in service until further order of the Commission. Tank vehicles constructed subsequent to the effective date of the regulations in this part shall be in compliance with the following:

(b) Material, capacity, and gage of tank. (1) Except as hereinafter provided, tanks of tank vehicles used for the transportation of any inflammable liquid shall not exceed the capacity shown and shall be constructed throughout of open-hearth or blue-annealed steel of thickness and gage in accordance with the following table:


[blocks in formation]

(2) Tanks exceeding 1,200 gallons in capacity may be constructed with 12-gage shells and 10-gage heads, provided they are subdivided into compartments of 600 gallons or less capacity each, and are mounted on chasses having wheels equipped with low-pressure balloon tires.

(3) Materials other than open-hearth or blue-annealed steels may be used if in thicknesses that will give tank strengths not less than those of the steels described.

(c) Joints. Shell and head joints shall be made tight by being welded, riveted and welded, brazed, riveted and brazed, or riveted and calked, or by some equally safe and satisfactory process.


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

(d) Test. Each tank and compartment of a completed tank shall be tested and proven to be tight at 5 pounds minimum air pressure. (e) Tank outlets. Outlet fixtures shall be substantially made and attached to the tank so as to prevent breakage at the outlet point, and so as to permit complete drainage of the tank.

(f) Tank compartments; drainage for air spaces. Tanks with compartments for carrying fluids of different characteristics may be provided with air spaces between the compartments. Such air spaces shall be equipped and maintained with safe drainage facilities. (g) Compartment and tank capacities. (1) Tanks having total capacity in excess of 600 gallons, shall be divided into compartments, none of which, except as noted below, shall exceed 600 gallons capacity. A tolerance of 10 percent shall be allowed in the capacity of any compartment.

(2) The foregoing shall not be construed as prohibiting the use of single-compartment tanks of capacity in excess of the above limitation when for bulk hauls between cities. Such excess-capacity tanks shall not be used for service station deliveries, except where the storage facility permits the dumping of the entire contents of any compartment opened for the discharge of any liquid, without breaking the hose connection with such storage facility.

(h) Tank support and attachment to vehicle frame. Tanks shall be adequately supported on and securely bolted or clamped to the frames of vehicles.

(i) Vents. Each tank and tank compartment shall be provided. with vacuum and pressure-operating vent with minimum effective opening of 0.444 square inch, and shall also be provided with an emergency venting facility, so constructed as to provide minimum free-venting opening equivalent to a circular hole 129%2 inches in diameter, for the purpose of relieving such internal pressure as may be created by any exposure of the tank to the heat of a fire. If the emergency venting facility incorporates a fusible element, the fusing temperature of the element shall not exceed 200° F.

(j) Valve and faucet connections. All draw-off valves or faucets of tanks and compartments shall have discharge end threaded, or be otherwise so designed as to insure in every instance a tight connection with the hose extending to the storage fill pipe.

(k) Protection in collisions. Draw-off valves and faucets projecting beyond the frame at the rear of vehicles shall be adequately protected in the event of collision by steel bumpers or other device affording equal protection.

(1) Emergency discharge control. (1) Each compartment of any gravity discharge tank shall be equipped with a reliable and efficient shut-off valve, located inside the shell of the tank in the compartment outlet; and, except during delivery operations, all such valves shall be kept closed.

(2) The operating mechanism for each such valve shall be provided with a secondary control, remote from tank-filling parts and discharge faucets, for operation in the event of fire or other accident during delivery operation; and such control mechanism shall be

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