Chas.
Roger Howard wrote:Here is the information that I just recieved
E-mail Question from Roger on 06/09/06:
R.J., I really appriciate your efforts to keep truckers informed on the laws governing them. Keep up the good work. Here is my question. I have a concealed handgun license in texas. My boss told me that you could not carry when you have haz-mat because it was a combustable item. he also told me you couldn\'t carry a cigerette lighter as well. He mostly referred to flammable liquids. I pull Tank trailers and am courious if he is right. I have not been able to find any such refrence in the CFR\'s. What\'s the real Deal? Thanks for your time and effort. Roger Howard
Answer under Federal (FMCSA) law as of 06/13/06:
Roger,
The Motor Carrier Safety Regulations does not address the issue of carrying a firearm in a commercial vehicle. That fall under ATF laws. So, if you have a CHL you are allowed to carry a concealed handgun in a commercial vehicle unless the motor carrier has a policy against it. You are also allowed to carry only in another state that has reciprocity with the State of Texas. Nothing prohibits you from carrying a firearm while transporting hazardous materials.
As far as carrying a cigarette lighter, the only prohibitions is from smoking upon or within 25 feet of a vehicle carrying explosives, flammable gases or liquids. See 397.13 attached below for a complete list of materials that when carried, driver's are prohibited from smoking upon or within 25 feet of a vehicle carrying these materials.
§397.13 Smoking.
No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of —
(a) A motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2; or
(b) An empty tank motor vehicle which has been used to transport Class 3, flammable materials, or Division 2.1 flammable gases, which, when so used, was required to be marked or placarded in accordance with the rules in §177.823 of this title.
Thanks for the question. Hope this helps.
Sr. Trooper Monty Dial
Texas Highway Patrol
Commercial Vehicle Enforcement Division
Garland, TX 75043