49 C.F.R. § 172.502

Prohibited and permissive placarding

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Prohibited placarding. Except as provided in paragraph (b) of this section, no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car—

(1) Any placard described in this subpart unless—

(i) The material being offered or transported is a hazardous material;

(ii) The placard represents a hazard of the hazardous material being offered or transported; and

(iii) Any placarding conforms to the requirements of this subpart.

(2) Any sign, advertisement, slogan (such as “Drive Safely”), or device that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart.

(b) Exceptions. (1) The restrictions in paragraph (a) of this section do not apply to a bulk packaging, freight container, unit load device, transport vehicle or rail car which is placarded in conformance with TDG Regulations, the IMDG Code or the UN Recommendations (IBR, see § 171.7 of this subchapter).

(2) The restrictions of paragraph (a) of this section do not apply to the display of a BIOHAZARD marking, a “HOT” marking, a sour crude oil hazard marking, or an identification number on a white square-on-point configuration in accordance with § 172.323(c), § 172.325(c), § 172.327(a), or § 172.336(b) of this part, respectively.

(c) Permissive placarding. Placards may be displayed for a hazardous material, even when not required, if the placarding otherwise conforms to the requirements of this subpart.

[Amdt. 172-123, 55 FR 52599, Dec. 21, 1990, as amended at 56 FR 66259, Dec. 20, 1991; Amdt. 172-151, 62 FR 1230, Jan. 8, 1997; 62 FR 39389, 39407, July 22, 1997; 66 FR 8647, Feb. 1, 2001; 66 FR 33426, June 21, 2001; 67 FR 53137, Aug. 14, 2002; 68 FR 75741, Dec. 31, 2003; 76 FR 3367, Jan. 19, 2011; 80 FR 72923, Nov. 23, 2015]

Notes of Decisions

Cited in 3 cases, 1989–2015 · leading case: Childress v. Ozark Delivery of Missouri L.L.C., 95 F. Supp. 3d 1130 (W.D. Mo. 2015).

Sort: Relevance Newest Treatment

Childress v. Ozark Delivery of Missouri L.L.C., 95 F. Supp. 3d 1130 (W.D. Mo. 2015). “See 49 C.F.R. § 172.502 (c). Flammable materials — the hazardous materials allegedly transported by Childress — are included in Table 2 of 49 C.”

People v. Scantlebury, 143 Misc. 2d 9 (1989). · cites it 2× “Hence, the Federal regulations, which are incorporated by reference into the New York regulations, do prohibit the affixation of a placard on a vehicle when the vehicle does not contain the placarded material and that, the People say, is the infraction of which the defendant…”

People v. Chiosie, 12 Misc. 3d 88 (N.Y. App. Term. 2006). “303 (a) (regarding packages) in support of the charge rather than 49 CFR 172.502 (regarding vehicles), we find no merit in said contention since defendant was fully apprised of the nature of his alleged offense (see People v Miles, 64 NY2d 731 [1984]; People v Scantlebury, 143…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.