Placard Location

This is in response to your letter and subsequent conversations with Del Billings concerning the placement of placards on a vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided a description and photographs of a placard holder on the side of a transport vehicle. The placard holder is positioned on top of multi-colored stripes that run horizontally along the trailer. You ask if the location of the placard, as described and shown in the photographs, is in compliance with the HMR.

It is the opinion of this Office that the placement of the placards over the horizontal stripes as described in your letter and shown in your photographs is not a violation of the HMR. In accordance with § 172.502(a)(2), it is prohibited to affix or display any sign, advertisement, slogan, or device that, by its color, design, shape or content, could be confused with any placard prescribed in Part 172, Subpart F. The painted stripe is not a sign, advertisement, slogan, or device and could not be confused with a placard. Additionally, the placard must be displayed away from any marking (including advertising) that could substantially reduce its effectiveness (see § 172.5 16(c)(4)). The painted stripe is seen as a background color rather than a marking and does not substantially reduce the effectiveness of the placard and; therefore, is permissible. Finally, in the event a placard shares the same color as a part of the horizontal striped background, a dotted or solid line outer border may be used when needed to provide contrast with the background color (see § 172.519(b)(2)).