Southern Service Center — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration AUG - 6 2004 Mr. Charles Phillips Southern Service Center Ref. No. 04-0164 61 Forsyth Street, S.W., Suite 17T75 Atlanta, GA 30303 Dear Mr. Phillips: This is in response to your July 21, 2004 letter concerning placarding requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a placard displayed on the front of a cargo body, but behind the drivers compartment of the transport vehicle, satisfies the requirement for visibility and display of placards in § 172.516. You state the truck-tractor and cargo body make up a single transport vehicle. In addition, you included a picture of the placard on the front of the cargo body, which is obscured by the driver's compartment of the vehicle. Each placard on a motor the direction of "another transport vehicle" to which the motor vehicle must be visible from the direction it faces, except from vehicle is coupled ($ 172.516). is not "another transport vehicle," because it is part of a In this case, the truck-tractor single transport vehicle. not meet the visibility requirement in § 172.516. Therefore, the obscured placard does placed on the front of the truck-tractor in accordance with A placard § 172.516 (b) would satisfy the visibility requirement of § 172.516 (a). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, / Chief, Standards Development Office of Hazardous Materials Standards 040164 172.516#

Page 2Message BAt Page 1 of 1 $112.516 lacaraina Quade, William 4 - 016L From: Phillips, Charles Sent: Monday, June 28, 2004 1:26 PM To: Quade, William Cc: Simmons, James; Shelton, Danny; Delorenzo, Joseph; Evans, Joseph; Ramsey, Larry Subject: FW: Photos See the attached photos forwarded by the Oklahoma Division. It's a placarding issue and more specifically a 172.516. I don't consider the scenario documented in the photos worth getting excited about (i.e. I'm not sure 172.516 visibility issue. Apparently a minor squabble has erupted over whether this constitutes a violation of officers have written tickets on this type of scenario and others don't consider it a violation. They also indicated would cite it as a violation). However, I've talked with our GA MCSAP agency and they indicate that some of their that this scenario comes up frequently as a question in the CVSA hazmat roadside/cargo tank course and they don't have a definitive answer for the students. They give a "use your best judgment" answer. on the front of the tractor in lieu of the front of the trailer. Nothing addresses the straight truck scenario. Of The RSPA interpretations related to this issue talk primarily about the tractor/semi-trailer exception for placarding course, most propane haulers avoid any controversy by placarding the front of the straight truck as well as the front of the cargo tank. But apparently this person did not, and doesn't consider himself in violation. In the grand scheme of things, there are more important things to worry about, but a little guidance from RSPA would be appreciated. What do they define as "clearly visible"? Tim Phillips Hazardous Materials Specialist Southern Service Center From: Ramsey, Larry ----Original Message-..- To: Phillips, Charles Sent: Monday, June 28, 2004 5:32 AM Subject: Photos Per our conversation. charles.Phillips@FmesA.Dot.Gov 404-562-3609 6/28/2004#