Georgia Department of Motor Vehicle Safety, Law Enforcement Division — Hazardous Materials Safety Interpretation

Page 1• us esporation lashinoton. D. JO Seventh Street, S.V 20590 esearch and tamin traito OCT 16 2002 Ref No. 02-0230 Law Enforcement Division 2206 East View Parkway bi.2 Conyers, GA 30013-8047 Dear Captain Bugg: This is in response to your August 30, 2002 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a company logo. Specifically, you state that the company logo as shown in the photograph you supplied uses four (4) diamond-shaped devices and resembles placards by its size, shape and color. You question if the logo is prohibited under the HMR. As provided in § 172.502(a), no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car any sign, advertisement, slogan, or device that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart. This prohibition is intended to limit the potential for dilution of hazard warning communication provided by the appropriate hazardous materials placards. The logo as shown in the photograph is designed in the same "shape" (a square-on-point configuration) and uses colors similar to those on hazard warning placards, therefore, it can be confused with a placard prescribed in the HMR and is prohibited under § 172.502. I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us. Sincerely, Delm AS Aò Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172.502 020230#

Page 2Foster $172.502 Placurding Georgia Department of Motor Vehicle Safety Law Enforcement Division 02-0230 P.O. Box 80447 Tim Burgess Commissioner 2206 East View Parkway Conyers, GA 30013-804 Col. Mark C. McLeod Commanding Officer Phone: 678.413.8825 www.dmvs.ga.gov Fax: 678.413.8832 August 30, 2002 Mr. John Gale US. DOT - RSPA Office of Hazardous Materials Standards 400 Seventh Street, SW Washington, DC 20590-0001 Dear Sir: This letter follows up on e-mails from last year regarding this issue. Enclosed are photographs of a company logo on a commercial vehicle. As you can see, the logo uses four diamond-shaped devices (similar in layout to the NFPA 704 system), which are red, yellow, green, and black in color. size, shape, and color, and is therefore prohibited under 49 CFR $172.502. In our e-mail In the opinion of the inspecting officer, and in my opinion, the logo resembles placards by its correspondence, you indicated that the prohibition would apply in this case. If you need more information, please contact me at 678.413.8825 or by e-mail at obbugg@dmvs.ga.gov. Sincerely, Capt. Bruce Bugg Special Projects Coordinator#