{"operation":"document","citation":"05-0063","title":"A. Duie Pyle, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-04-14","effective_on":null,"summary":"05-0063 response to A. Duie Pyle, Inc. concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050063.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W/.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nAPR 14 2005\nMr. Rich K. Kaczynski\nRef No.: 05-0063\nSatety Manager\nA. Duie Pyle, Inc.\nP.O. Box 564\nWest Chester, PA 19381\nDear Mr. Kaczynski,\nThis is in response to your letter dated March 18, 2005, requesting clarification of the\nrequirements for visibility and display of placards found in § 172.516 of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 100-185). Specifically, you request an\ninterpretation clarifying whether a placard on a cargo body to which a truck-tractor is\nattached must be visible from the direction of the truck-tractor.\nThe answer is no. In accordance with § 172.516(a), each placard on a motor vehicle must\nbe clearly visible from the direction it faces, except from the direction of another\ntransport vehicle to which the motor vehicle is attached. Therefore, a placard on a cargo\nbody does not have to be visible from the direction of another transport vehicle, including\nthe truck-tractor. However, the required placarding may be displayed on the front of a\ntruck-tractor instead of or in addition to the placarding on the front of the cargo body to\nwhich a truck-tractor is attached (see § 172.516(b)).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nJohn A. Cale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n050063\n172.516\n\n<<>>\n\nFW: Interpretation guidance\nPage 1 of 3\nX\n4 т?\nClose\nFrom:\nGale, John \nTo:\nSupko, Ben \nCc:\nSubject:\nFW: Interpretation guidance\nSent:\n3/21/2005 4:31 PM\nImportance:\nNormal\nSee me\nsupko\nFrom: Rich Kacynski [mailto:rkaczynski@pyleco.com]\n----Original Message----\n{172.516\nSent: Friday, March 18, 2005 11:42 AM\nTo: Gale, John < PHMSA>\nSubject: Interpretation guidance\nPlacarding\n05-0063\nDear Mr. Gale;\ncompany named A. Duie Pyle Inc. located in West Chester, Pennsylvania. I am writing to you because my\nBy way of introduction, my name is Rich 'K' Kaczynski and I am the Safety Manager for a transportation\ndrivers are being stopped at a local truck inspection station and being told that our trucks are in violation of\nthis violation. In short, we are being told that the placards on the front of the trailer in the attached pictures are\n172.516, Visibiliy and display of placards, and are being given a letter that originated from you as a basis of\nin violation of 172.516 because it is not visible from the direction it faces when coupled to our tractors\n<> <> <> <> <>\n<> <>\nMy drivers are being given the following letter at a local inspection station:\n>\nWe thought that the following interpretation letter written by Del Billings in 1995 made our situation legal but it\nwas recently pointed out to us that this interpretation did not apply anymore.\n«Conway letter.pdf>>\nplacard on a rail car must be readily visible from the direction it faces except from the direction of another\nWhen Mr. Billings wrote this letter in 1995, 172.516 stated that \" each placard on a motor vehicle and each\nmore. It now states \"each placard on a motor vehicle and each placard on a rail car must be clearly visible\nmotor vehicle or rail car to which the motor vehicle or rail car is coupled. 172.516 does not state that any\nfrom the direction it faces, except from the direction of another transport vehicle or rail car to which the\nmakes up our tractor-trailer semi combination unit cannot be considered as a \"transport vehicle\" because it is\nmotor vehicle or rail car is coupled\". I am being told by the local enforcement officials that my tractor that\n\"transport vehicle\" because they are cargo carrying. Instead, I am told that our tractor meets the definition of a\nnot a \"cargo-carrying vehicle\" as defined in 171.8. Only our trailers in this example can be considered a\nhttps://mail.rspa.dot.gov/exchange/forms/IPM/NOTE/read.asp?command=open&obj=0000.. 3/22/2005\n\n<<>>\n\nFW: Interpretation guidance\nPage 2 of 3\n\"motor vehicle' as defined in 171.8 and under that definition I am in violation of 171.516 because when\nplacarded, our forward placards on our trailers are being blocked by our tractors because they are not visible\nfrom the front.\nout them on the grille on the front or they will block the air-flow and foul the engines. If you put them on the ai\nvehicles) are not designed to have placards on them. The placards do not fit on the bumpers and you cannot\ndeflectors over the drivers compartment or cab the drivers will not be able to reach and access them. Either\nmotor vehicle\" and / or a clear interpretation must be presented from PHMSA to clarify this issue. Not only\nthe definitions in 171.8 must be made more definitive, an addendum to 172.516 be made to include \"another\ndoes this affect our company, but we believe that interpreting that the front of a tractor must be placarded in a\nThank you.\nRespectfully,\nRich \"K\" Kaczynski\nA. Duie Pyle Inc.\nSafety Manager\nP.O. Box 564\nWest Chester, PA., 19381\nOffice: 610-696-5800 ext. 3182\nfax: 610-696-2825\nCell: 484-571-C030\nrkaczynski@pyleco.com\nMC-009S.MVC-010S.JPG MVC-011S.JPG MVC-012S.JPG MYC-013S.JPG ]MVC-\nhttps://mail.rspa.dot.gov/exchange/forms/IPM/NOTE/read.asp?command=open&obj=0000... 3/22/2005","truncated":false,"body_characters":5416}