Interpretation Response #12-0220 ([Mr. Aaron Dills])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 01/17/2013

Company Name:

Individual Name: Mr. Aaron Dills

Location State: GA Country: US

View the Interpretation Document

Response text:

January 17, 2013

Mr. Aaron Dills
223 Hicks Gap Rd.
Blairsville, GA   30512

Ref. No. 12-0220

Dear Mr. Dills:

This responds to your September 28, 2012 request for clarification of placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for clarification on visibility and display requirements for placards specified in § 172.516. 

In your letter, you provide photographs of your placarded transport tanks and descriptions of placarding violations you have been issued by law enforcement.  Your questions are paraphrased and answered as follows:

Q1. What are the definitions of the terms "motor vehicle" and "transport vehicle" as referenced in § 172.516? 

A1.    A "motor vehicle" as defined in § 171.8 and referenced in § 172.516, includes a vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property.  It does not include a vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street railway service.

Motor vehicle cargo carrying components are considered transport vehicles.  As defined in § 171.8 and referenced in § 172.516,  a "transport vehicle" is a cargo carrying vehicle, such as an automobile, van, tractor, truck, semi-trailer, tank car, rail car used for the transportation of cargo by any mode.  Each cargo carrying body (trailer, rail car, etc.) is a separate transport vehicle.

Q2.  Section 172.516 states that 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 or rail car is coupled. What does the language "Except from the direction of another transport vehicle used in § 172.516(a) mean?  You consider the language "except from the direction of another transport vehicle" to mean the view looking straight at the truck and trailer while being attached together.

A2.  The language "[e]xcept from the direction of another transport vehicle" used in § 172.516(a) means a placard is not required on a truck tractor/semi-trailer configuration if the front of the truck tractor (motorized unit) of the semi-trailer (tank) is placarded on each side and each end.  In your example, your understanding is correct, a placard is not required on the front of the truck tractor if the tank is placarded on each side and each end, even if the placard on the front of the tank is not visible.

Q3.  What does PHMSA consider the front of the tank vehicle or transport vehicle as referenced in § 172.516? It is your understanding that the front or rear of a tank to be anywhere on the tank head or tank tail.

A3.  PHMSA does not define the term "front" with regard to tank or transport vehicles. However, PHMSA considers a forward or rear facing placard, mounted so that its plane is substantially perpendicular to the longitudinal axis of the vehicle, is considered to be visibly mounted on the end (i.e. front or back) of the transport vehicle.  Additionally, when the front of a transport vehicle is blocked by another transport vehicle (e.g., the truck tractor blocks the front of the semi-trailer), it is our opinion that mounting a placard on the front of the truck tractor in accordance with § 172.516(b), although not the only permissive method, is the most effective means of satisfying the visibility requirements in § 172.516(a).

Q4.  Is a placard required to be placed on the front of a trailer/tanker if it is hooked to a tractor?   

A4.  Sections 172.504 and 172.516 requires each transport vehicle to be placarded on each side and each end, and, each placard on a motor vehicle must be clearly visible from the direction it faces, except from the direction of another transport vehicle (e.g. a tractor) to which the motor vehicle is coupled.  The required placarding of the front of a motor vehicle may be on the front of a truck tractor (motorized unit) instead of OR in addition to the placarding on the front of the cargo body (tank) to which a truck tractor is attached.  

I hope this answers your inquiry.  If you need additional assistance, please contact this office at (202) 366-8553.  

Sincerely,    

Robert Benedict
Chief, Standards Development Branch 
Standards and Rulemaking Division

172.516

Regulation Sections