taken to protect and warn other users of the highway against the hazard involved in any such transfer, or against the hazard occasioned by the emergency making such transfer necessary. Every precaution shall be taken to prevent the ignition of any flammable compressed gas from any source; and when it is possible to prevent the congregation of persons not directly concerned with the emergency, this shall be done. Every practicable precaution shall be taken to keep flames or fire away from the scene of the emergency and to prevent smoking or the lighting of pipes, cigars, or cigarettes. Similarly, special care shall be exercised in the operation of any engine, whether of the motor vehicles involved or any other, and where the operation of any such engine would be likely to produce ignition of the flammable compressed gas, the transfer shall be accomplished by other means, if possible. Nothing contained in this section shall be so construed as to prohibit the fueling of machinery or vehicles used in road construction and maintenance.

[29 FR 18795, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 177-17, 36 FR 18469, Sept. 15, 1971; Amdt. No. 177-31, 39 FR 41743, Dec. 2, 1974]

§ 177.860 Accidents or leakage; poisons.

(a) Accident to vehicle; warnings; no sparks or flame. In the event of an accident involving any motor vehicle transporting any poison which is flammable, noxious, or toxic, every available means shall be employed in the protection of persons or property or in the removal of hazards or wreckage, from congregating in the vicinity; such means shall also be employed to prevent smoking, to keep flame away, to safeguard against the aggravation of the hazard present, and to warn other users of the highway. Care shall also be taken to prevent any poison, whether flammable or nonflammable, from contaminating streams or flowing or being spiled into sewers, and poison in powdered form from being scattered by wind. (See also § 177.807.)

(1) Leakage. A vehicle which has been used to transport material marked as or known to be poison (class A or B) must be inspected for contamination before reuse. A vehicle which has been contaminated must not be re

turned to service until such contamination has been removed. This paragraph does not apply to vehicles used solely for transporting such poisons so long as they are used in that service.

(b) Leaking cargo tanks. In the event of leakage of liquid from any cargo tank or any compartment thereof used for the transportation of any poison which is also flammable, or which would come also within the definition of a flammable liquid, or of any gas or combination of gas and liquid, or any poison which would come within the definition of a compressed gas, the requirements shall be the same as those set forth for flammable liquids and compressed gases. In addition, all possible care shall be taken to warn bystanders or other users of the highway against the hazard of inhaling vapors or coming in contact with the poison.

[29 FR 18795, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967]

NOTE: For amendments to § 177.860 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume. § 177.861 Accidents; radioactive materials.

(a) In addition to the incident reporting requirements of §§ 171.15 and 171.16 of this subchapter, the carrier must also notify the shipper at the earliest practicable moment following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving radioactive materials shipments. Vehicles, buildings areas, or equipment in which radioactive materials have been spilled may not be again placed in service or routinely occupied until the radiation dose rate at any accessible surface is less than 0.5 millirem per hour and there is no significant removable radioactive surface contamination (see § 173.397 of this subchapter).

NOTE 1: In these instances, the package or materials should be segregated as far as practicable from personnel contact. If radiological advice or assistance is needed, the U.S. Atomic Energy Commission should also be notified. In case of obvious leakage, or if it appears likely that the inside container may have been damaged, care should be taken to avoid inhalation, ingestion, or contact with the radioactive material. Any loose radioactive material should be left in a segregated area and held pending disposal instructions from qualified persons.

NOTE 2: Details involving the handling of radioactive materials in the event of an accident can be found in Bureau of Explosives' Pamphlets 1 and 2.

(b) Cleaning vehicles. See § 177.843.

[Amdt. 177-3, 33 FR 14934, Oct. 4, 1968, as amended by Amdt. 177-17, 36 FR 18469, Sept. 15, 1971]

NOTE: For amendments to § 177.861 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume.

Subpart E-Regulations Applying to Hazardous Material on Motor Vehicles Carrying Passengers for Hire

§ 177.870 Regulations for passenger carrying vehicles.

(a) Vehicles transporting passengers and property. In addition to the regulations in Parts 170-189 of this subchapter the following requirements shall apply to vehicles transporting passengers and property.

(b) No explosives or other hazardous materials on passenger-carrying vehicles, exceptions. No hazardous materials except small-arms ammunition, emergency shipments of drugs, chemicals and hospital supplies, and the accompanying munitions of war of the Departments of the Army, Navy, and Air Force of the United States Government, are authorized by Parts 170189 of this subchapter to be transported on motor vehicles carrying passengers for hire where other practicable means of transportation is available.

(c) Explosives in passenger-carrying space forbidden. No explosive, except small-arms ammunition, may be carried in the passenger-carrying space of any motor vehicle transporting passengers for hire.

(d) Hazardous materials on passenger-carrying vehicles; quantity. Where no other practicable means of transportation is available the following articles in the quantities as shown may be transported in motor vehicles carrying passengers for hire in a space other than that provided for passengers: Not to exceed 100 pounds gross weight of any or all of the kinds of explosives permitted to be transported by rail express or rail baggage services, may be transported on a motor vehicle transporting passengers: Provided, however, That samples of explosives

for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding 20 samples or not to exceed a total of 100 blasting caps at one time in a single motor vehicle, may be transported in a motor vehicle transporting passengers. (See § 172.101 of this subchapter.)

(e) Articles other than explosives on passenger-carrying vehicles. The gross weight of any given class of hazardous material other than explosives shall not exceed 100 pounds, and the aggregate weight of all such other dangerous articles shall not exceed 500 pounds. This provision does not apply to nontoxic, nonflammable refrigerants, when such refrigerant is for servicing operations of a motor carrier on whose motor vehicles the refrigerant is used. A cylinder secured against movement while in transit and not exceeding 250 pounds gross weight may be transported.

(f) Poisons on passenger-carrying vehicles. No motor carrier may transport any extremely dangerous poison, class A, any tear gas or irritating substance, class C, any less dangerous poison, class B, which is a liquid, or any paranitraniline, in any amount, in or on any bus while engaged in the transportation of passengers; or any less dangerous poison, class B, which is other than a liquid, in any amount exceeding an aggregate of 100 pounds gross weight in or on any such bus.

(g) Radioactive materials. In addition to the limitations prescribed in paragraphs (b) and (e) of this section, no person may transport any radioactive material requiring labels under §§ 172.436, 172.438, and 172.440 of this subchapter in or on any motor vehicle carrying passengers for hire except where no other practicable means of transportation is available. Packages of radioactive materials must be stored only in the trunk or baggage compartment of the vehicle, and must not be stored in any compartment occupied by persons. Packages of radioactive materials must be handled and placed in the vehicle prescribed in

§ 177.842.

[29 FR 18795, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967]

NOTE: For amendments to § 177.870 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume.