A. Duie Pyle, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W/. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety APR 14 2005 Mr. Rich K. Kaczynski Ref No.: 05-0063 Satety Manager A. Duie Pyle, Inc. P.O. Box 564 West Chester, PA 19381 Dear Mr. Kaczynski, This is in response to your letter dated March 18, 2005, requesting clarification of the requirements for visibility and display of placards found in § 172.516 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185). Specifically, you request an interpretation clarifying whether a placard on a cargo body to which a truck-tractor is attached must be visible from the direction of the truck-tractor. The answer is no. In accordance with § 172.516(a), each placard on a motor vehicle must be clearly visible from the direction it faces, except from the direction of another transport vehicle to which the motor vehicle is attached. Therefore, a placard on a cargo body does not have to be visible from the direction of another transport vehicle, including the truck-tractor. However, the required placarding may be displayed on the front of a truck-tractor instead of or in addition to the placarding on the front of the cargo body to which a truck-tractor is attached (see § 172.516(b)). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Cale Chief, Standards Development Office of Hazardous Materials Standards 050063 172.516#

Page 2FW: Interpretation guidance Page 1 of 3 X 4 т? Close From: Gale, John <PHMSA> To: Supko, Ben <PHMSA> Cc: Subject: FW: Interpretation guidance Sent: 3/21/2005 4:31 PM Importance: Normal See me supko From: Rich Kacynski [mailto:rkaczynski@pyleco.com] ----Original Message---- {172.516 Sent: Friday, March 18, 2005 11:42 AM To: Gale, John < PHMSA> Subject: Interpretation guidance Placarding 05-0063 Dear Mr. Gale; company named A. Duie Pyle Inc. located in West Chester, Pennsylvania. I am writing to you because my By way of introduction, my name is Rich 'K' Kaczynski and I am the Safety Manager for a transportation drivers are being stopped at a local truck inspection station and being told that our trucks are in violation of this violation. In short, we are being told that the placards on the front of the trailer in the attached pictures are 172.516, Visibiliy and display of placards, and are being given a letter that originated from you as a basis of in violation of 172.516 because it is not visible from the direction it faces when coupled to our tractors <<MVC-009S.JPG>> <<MVC-010S.JPG>> <<MVC-011S.JPG>> <<MVC-012S.JPG>> <<MVC-013S.JPG>> <<MVC-007F.JPG>> <<MVC-017S.JPG>> My drivers are being given the following letter at a local inspection station: <RSPA Interpretatation letter.htm>> We thought that the following interpretation letter written by Del Billings in 1995 made our situation legal but it was recently pointed out to us that this interpretation did not apply anymore. «Conway letter.pdf>> placard on a rail car must be readily visible from the direction it faces except from the direction of another When Mr. Billings wrote this letter in 1995, 172.516 stated that " each placard on a motor vehicle and each more. It now states "each placard on a motor vehicle and each placard on a rail car must be clearly visible motor vehicle or rail car to which the motor vehicle or rail car is coupled. 172.516 does not state that any from the direction it faces, except from the direction of another transport vehicle or rail car to which the makes up our tractor-trailer semi combination unit cannot be considered as a "transport vehicle" because it is motor vehicle or rail car is coupled". I am being told by the local enforcement officials that my tractor that "transport vehicle" because they are cargo carrying. Instead, I am told that our tractor meets the definition of a not a "cargo-carrying vehicle" as defined in 171.8. Only our trailers in this example can be considered a https://mail.rspa.dot.gov/exchange/forms/IPM/NOTE/read.asp?command=open&obj=0000.. 3/22/2005#

Page 3FW: Interpretation guidance Page 2 of 3 "motor vehicle' as defined in 171.8 and under that definition I am in violation of 171.516 because when placarded, our forward placards on our trailers are being blocked by our tractors because they are not visible from the front. out 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 vehicles) are not designed to have placards on them. The placards do not fit on the bumpers and you cannot deflectors over the drivers compartment or cab the drivers will not be able to reach and access them. Either motor vehicle" and / or a clear interpretation must be presented from PHMSA to clarify this issue. Not only the definitions in 171.8 must be made more definitive, an addendum to 172.516 be made to include "another does this affect our company, but we believe that interpreting that the front of a tractor must be placarded in a Thank you. Respectfully, Rich "K" Kaczynski A. Duie Pyle Inc. Safety Manager P.O. Box 564 West Chester, PA., 19381 Office: 610-696-5800 ext. 3182 fax: 610-696-2825 Cell: 484-571-C030 rkaczynski@pyleco.com MC-009S.MVC-010S.JPG MVC-011S.JPG MVC-012S.JPG MYC-013S.JPG ]MVC- https://mail.rspa.dot.gov/exchange/forms/IPM/NOTE/read.asp?command=open&obj=0000... 3/22/2005#