{"operation":"document","citation":"04-0164","title":"Southern Service Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-08-06","effective_on":null,"summary":"04-0164 response to Southern Service Center concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040164.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nAUG - 6 2004\nMr. Charles Phillips\nSouthern Service Center\nRef. No. 04-0164\n61 Forsyth Street, S.W., Suite 17T75\nAtlanta, GA 30303\nDear Mr. Phillips:\nThis is in response to your July 21, 2004 letter concerning\nplacarding requirements of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask whether a\nplacard displayed on the front of a cargo body, but behind the\ndrivers compartment of the transport vehicle, satisfies the\nrequirement for visibility and display of placards in § 172.516.\nYou state the truck-tractor and cargo body make up a single\ntransport vehicle.\nIn addition, you included a picture of the\nplacard on the front of the cargo body, which is obscured by the\ndriver's compartment of the vehicle.\nEach placard on a motor\nthe direction of \"another transport vehicle\" to which the motor\nvehicle must be visible from the direction it faces, except from\nvehicle is coupled ($ 172.516).\nis not \"another transport vehicle,\" because it is part of a\nIn this case, the truck-tractor\nsingle transport vehicle.\nnot meet the visibility requirement in § 172.516.\nTherefore, the obscured placard does\nplaced on the front of the truck-tractor in accordance with\nA placard\n§ 172.516 (b) would satisfy the visibility requirement of\n§ 172.516 (a).\nI hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nSincerely,\n/ Chief, Standards Development\nOffice of Hazardous Materials Standards\n040164\n172.516\n\n<<<PAGE 2>>>\n\nMessage\nBAt\nPage 1 of 1\n$112.516\nlacaraina\nQuade, William\n4 - 016L\nFrom: Phillips, Charles\nSent:\nMonday, June 28, 2004 1:26 PM\nTo:\nQuade, William\nCc:\nSimmons, James; Shelton, Danny; Delorenzo, Joseph; Evans, Joseph; Ramsey, Larry\nSubject: FW: Photos\nSee the attached photos forwarded by the Oklahoma Division. It's a placarding issue and more specifically a\n172.516. I don't consider the scenario documented in the photos worth getting excited about (i.e. I'm not sure\n172.516 visibility issue. Apparently a minor squabble has erupted over whether this constitutes a violation of\nofficers have written tickets on this type of scenario and others don't consider it a violation. They also indicated\nwould cite it as a violation). However, I've talked with our GA MCSAP agency and they indicate that some of their\nthat this scenario comes up frequently as a question in the CVSA hazmat roadside/cargo tank course and they\ndon't have a definitive answer for the students. They give a \"use your best judgment\" answer.\non the front of the tractor in lieu of the front of the trailer. Nothing addresses the straight truck scenario. Of\nThe RSPA interpretations related to this issue talk primarily about the tractor/semi-trailer exception for placarding\ncourse, most propane haulers avoid any controversy by placarding the front of the straight truck as well as the\nfront of the cargo tank. But apparently this person did not, and doesn't consider himself in violation.\nIn the grand scheme of things, there are more important things to worry about, but a little guidance from RSPA\nwould be appreciated. What do they define as \"clearly visible\"?\nTim Phillips\nHazardous Materials Specialist\nSouthern Service Center\nFrom: Ramsey, Larry\n----Original Message-..-\nTo: Phillips, Charles\nSent: Monday, June 28, 2004 5:32 AM\nSubject: Photos\nPer our conversation.\ncharles.Phillips@FmesA.Dot.Gov\n404-562-3609\n6/28/2004","truncated":false,"body_characters":3541}