It states that you must park in the first safe and legal place you find, not where you want to park. (b) The rules set out in point (a) of this Article shall not apply to a motor vehicle containing materials referred to in sections 1.1, 1.2 or 1.3 if all of the following conditions are met: 1. National or local Safe Harbour approval may, on the one hand, authorise sites without proper operation, administrative or technical controls and, on the other hand, act as a prohibition when there is virtually no risk. PHMSA should revise 49 CFR 397.5(d)(3) to include safe harbor performance standards. Requirements based on Chapter 4 of NFPA 498 – Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2006 Edition, National Fire Protection Association Start Printed Page 43912 would provide an appropriate standard of safe harbor performance. Used responsibly, it can work. I believe that as adults and professionals, this will do most of the time, and even DOT, FMCSA will work with us. Will there be bad actors and authors, yes. I still believe that most of us take this seriously and want to go home safely, will do our best. IME notes that this requirement is arbitrary and subjective and recommends replacing (not eliminating) performance standards based on Chapter 4 of NFPA 498. R&R Trucking stresses that it would support well-drafted regulations that would allow freight forwarders to make an informed business decision to operate safe ports. However, R&R says state and local laws should always take precedence when it comes to Safe Harbour approval.
The Sporting Arms and Ammunition Manufacturers Institute, Inc. (SAAMI) notes that there is generally no “safe harbor” and refers to the report prepared by the CVSA as supporting documentation. Yes, there are safe places to park. Stop driving an hour earlier!! I`m pretty sure you missed a lot of truck stops along the way where you could have stopped. If you postpone it until the last minute, it`s up to you!! What are you talking about? Even the people who came and made these rules don`t understand it or they don`t know how to explain it to us! As you can see from the comments above, even DOT officials interpret the rules differently. Go from state to state and officer to officer! Basically, we are at their mercy! Commentators generally agree that emergency needs must be considered as part of the Safe Harbour designation process. R&R Trucking notes that emergency needs would vary depending on the location of the safe harbor and the type and quantity of explosives allowed at the site. Site access, location of the local fire department, capabilities of the local fire department, area to be evacuated in the event of a fire, and impacts on the community (including traffic and businesses) in the event of a fire or emergency should be considered. This is not disrespectful, but people lack common sense here. The intent of the regulation must be understood. Companies that ignore intent, drivers that extend intent to their personal purpose, are not following the goals set by the Fed.
Document your reasons and yes, if it takes 5 hours to find a one-time document at each place you stop. Schneider is a company that does not allow personal transport. I challenged them and won. I didn`t have hours anymore because of the receiver, etc. I had to be ordered by the police to move. I documented the name of the agent, etc. and I staggered to the nearest hotel and yes, I send the bill to Schneider. Laughing out loud. Challenge your business with this article. If they still refuse, make their reason in writing.
If the situation creates personal transportation, document and move your truck. Put it back on the company. But carefully document whoopi talking to and when to talk to anyone, including the company`s shipping manager. Then move the truck. Their protective argument is: “Your safety is at risk.” No one will challenge you. Use common sense and use self-promotion for the right reason. Drivers often confuse the Refuge Rule with the Adverse Conditions Rule, which applies to adverse weather and catastrophic wreckage or traffic conditions, while a trip that would have taken you two hours in a normal day can now take four, leaving you struggling to find a safe spot or reach your destination within the permitted driving hours. 6. Vehicles shall be inspected before entering the safe port.
All hazards identified by the inspector (e.g., hot tires, hot wheel bearings, hot brakes, oil or grease buildup, electrical system defects, or obvious physical damage to the vehicle that could cause or contribute to a fire) must be addressed before the vehicle is allowed to enter the safe harbor. NFPA 498 sections 4.2.1.1, 4.2.1.2 and 4.2.1.3. Commentators don`t know if state and local governments would allow shelter designations with prior approval. SAAMI suggests that even without a formal permitting process, state and local requirements regarding zoning, building permits, etc. would continue to apply. The IME recommends a number of measures to give state and local governments a role in the process that attracts investment in safe havens while ensuring that national or local requirements do not result in de facto prohibitions on the storage of explosives in a particular jurisdiction. Home Page Print 43911 There is sometimes confusion among drivers about FMCSA safe harbor rules and adverse conditions. The IMS states that the host facilities would be sufficient locations. IME also notes that performance standards based on Chapter 4 of NFPA 498 would minimize the possibility of fire spreading (accidentally or intentionally) from one vehicle to another on the site. According to the IME, fire is the biggest safety problem for explosives during transport.
You can start searching before your hours get up an hour before, you don`t need hours to refine a parking space. They are not using driving hours wisely. Stop driving to a good safe place to rest until the last minute. 8. Port trailers shall be kept in the same condition as that required for road transport, including secondment.