{"operation":"document","citation":"99-0046","title":"Mr. Mark R. Maki — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-07-02","effective_on":null,"summary":"99-0046 concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0046.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0046.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0046","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990046.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nJUL 2 1999\nMr. Mark R. Maki\nRef. No. 99-0046\n626 N. Way Street\nBarberton, OH 44203\nDear Mr. Maki:\nThis is in response to your letter dated February 5, 1999,\nregarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Your questions are\nparaphrased and answered as follows:\nQ1. May a vehicle transport hazardous material on private\nproperty without displaying placards?\nAl. As specified in § 171.1, the HMR govern the safe\ntransportation of hazardous material in intrastate,\ninterstate, and foreign commerce. Vehicles containing\nhazardous materials that are moved on private property\nare not subject to the HMR (including placarding).\nQ2. May a vehicle which contains no hazardous material\ndisplay placards when moved on private property?\nA2. Same answer as Al.\nQ3.. When must placards be applied to and removed from a motor\nvehicle?\nA3.\nThe HMR do not specify when placards must be applied to\nor removed from a motor vehicle. However, under\n§ 172.506 (a). each person offering a motor carrier a\nhazardous material for transportation shall provide to\nthe motor carrier the required placards for the material\nbeing offered prior to or at the same time the material\nis offered for transportation. In addition, no motor\ncarrier may transport a hazardous material in a motor\nvehicle, unless the placards required for the hazardous\nmaterial are affixed thereto.\n990046\n\n<<<PAGE 2>>>\n\nYou should also be aware that the Occupational Safety and\nHealth Administration (OSHA) of the Department of Labor\nrequires an employer to retain all hazardous materials\nmarkings, labels and placards on incoming packages, freight\ncontainers, rail freight cars, motor vehicles and transport\nvehicles containing hazardous materials, until the material is\nsufficiently removed from the package, container or vehicle to\nprevent any potential hazard (29 CFR 1910.1201) •\nI hope this satisfies your request.\nSincerely,\nShin Has allings\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMark R. Maki\nBarberton, Ohio 44203\n626 N. Way Street\nBAH\nHome Phone 330-745-7607\n3172.504\n171:1\nFebruary OS, 1999\n99-0046\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\nmotor vehicles requiring placards. I have previously addressed this issue with my company's safety department and\nI am interested in learning the specific regulations and/or interpretations relating to the placarding of commercial\nwas unable to obtain any tangible information.\nready and this time are offered the manifests and bills of lading. The vehicles at this point are positioned on what is\nI am employed by a common carrier. When myself and others report to work we are called upon when our units are\nreferred to as the \"ready line,\" which is an area of the yard at the terminal where drivers are able to inspect the vehicle\nto assure that it is in compliance with the Federal Motor Carrier Safety Regulations prior to transport. It is a regular\noccurrence upon this inspection that vehicles laden with hazardous materials requiring placards are discovered not to\nplacards on the transport vehicle that contain no hazardous materials at all. In the very least this appears to be a\nhave the corresponding placards affixed to them. To a lesser degree, myself and others have also experienced finding\nsignificant failure in communicating the potential hazard or falsely alerting a potential hazard to anyone nearby.\nAlthough I have read the applicable Hazardous Material Regulations Part 172 Subpart F concerning placarding, I\ncannot find anything specific as to the time placards are to be applied and removed in relation to the location of the\ntransport vehicle to properly communicate the hazard risk, Is it in compliance with the HMRs to have a transport\nvehicle laden with hazardous materials requiring placards move about private property and then offer it for transport\nto a driver without such required placards? Is it in compliance to have a transport vehicle on private property\nplacarded when no hazardous materials are present in the vehicle?\nI appreciate any information you have relating to these issues and I look forward to hearing from you.\nBest regards,\nMalumali\nMark R. Maki\ncc: Mike Fleming, Vice President/BA Local 24\nDavid McLaughlin, Road Shop Steward\nJerry Lynch, Safety","truncated":false,"body_characters":4571}