{"operation":"document","citation":"04-0191","title":"Georgia Department of Motor Vehicle Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-14","effective_on":null,"summary":"04-0191 response to Georgia Department of Motor Vehicle Safety concerning 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0191.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0191.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0191","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040191.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nОСТ 14 2004\nCaptain Bruce Bugg\nRef No. 04-0191\nSpecial Projects Coordinator\nGeorgia Department of Motor Vehicle Safety\nLaw Enforcement Division\n2206 East View Parkway\nConyers, GA 30013-8047\nDear Captain Bugg:\nThis is in response to your August 31, 2004 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to prohibited and\npermissive placarding. Specifically, you ask whether the company logo as shown in the\nphotograph you supplied is prohibited under the HMR.\nAs provided in § 172.502(a), no person may affix or display on a packaging, freight\ncontainer, unit load device, motor vehicle or rail car any sign, advertisement, slogan, or\ndevice, that, by its color, design, shape or content, could be confused with any placard\nprescribed in this subpart. This prohibition is intended to limit the potential dilution of\nhazard warning communication provided by the appropriate hazardous materials placards.\nThe logo as shown in the photograph is designed in the same \"shape\" (a square-on-point\nconfiguration) as that of hazard warning placards, can be confused with a placard prescribed\nin the HMR, and, therefore, is prohibited under § 172.502.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to.\ncontact us.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172.50г (a)(2)\n040191\n\n<<<PAGE 2>>>\n\nPollack, Arthur (B-A-H)\nFoster\nSent:\nFrom:\nBruce Bugg [obbugg@dmvs.ga.gov]\nSubject:\nTo:\nFriday, August 27, 2004 12:59 PM\n§172.502(a)(2)\nINFOCNTR <RSPA>\nClarification re 172.502 Benton -Georgia Inc.\ntrk95plackard.jpg\n(94 KB)\nIM000047.JPG (60\nKB)\nPlacard Doc..doc\n(362 KB)\n000101.pdf (95 KB) 020211.pdf (163\nKB)\n020230.pdf (103 07387.pdf (112 KB)\n07617.pdf (66 KB)\nOffice of Hazardous Materials Standards\nMr. Ed Mazzullo\n400 Seventh Street, SW\nUS DOT / RSPA\nWashington, DC 20590-0001\nDear Sir:\n$172.502 (a) (2). One of our officers feels that the logo in question sufficiently resembled\nThis e-mail requests a written clarification of the attached logo as it relates to 49 CFR\ncarrier contacted me, and in my official capacity here, as well as Chair of the CVSA\nan \"explosives\" placard or label, and therefore wrote the carrier for a violation. The .\nHazMat Committee, I replied that I felt the officer was correct.\nHowever, due to the several conflicting letters of clarification issued in similar matters\nover the years (see the attached *.pdf documents), we must ask US DOT to make the call.\nAttached\nquestion measures approximately 5-5/8\" square.\nare photographs of the vehicle operated by Benton-Georgia Inc. The logo in\nAAAAAAAAAAAALA\nAAAAAAAA\nCapt. Bruce Bugg\nSpecial Projects Coordinator\nLaw Enforcement Division\nP.Q. Box 80447\nGeorgia Department of Motor Vehicle Safety\nPhone:\nConyers, GA\n678.413.8825\n30013-8047\ne-mail:\nFax:\n678.413.8832\nobbugg@dmvs.ga.gov\n\"Making the simple complicated is commonplace; making the complicated simple,\nsimple, that's creativity.\"\n-- Charles Mingus\n(Musician, 1922-1979)\nawesomely\nFrom: Greene, Doug [mailto:dgreene@benton-georgia.com]\n-----Original Message-----\nTo: Bruce Bugg\nSent: Wednesday, August 25, 2004 16:25\nSubject: FW: Benton -Georgia Inc. Placard Doc. .doc\nCaptain Bugg,\na Picture of our newest emblem that we have used last 5 years. We have used these emblems\nAttached is picture of the truck #\n95 that was stopped, a copy of the Inspection and also\nor 18 years and this is the first time it has ever been questioned. Benton-Georgia i\nipeline utility and cable contracting company with 165 truck with the pictured emblems o\n1\n\n<<<PAGE 3>>>\n\nthem you help and opinion on this matter will be appreciated.\nThanks\nDoug Greene\nvP training & safety\n770-942-8180 ext 120\nBenton-Georgia Inc\nCell 678-618-4695\n<<Placard Doc.. doc>>","truncated":false,"body_characters":3925}