Use of ICAO Technical Instructions for Radioactive Highway Shipments
Pipeline and Hazardous Materials Safety Administration · Aug 8, 2006 · Reference No. 06-0127
Interprets: 49 CFR § 171.11, 49 CFR § 171.22
Reggie’s quick take
A shipper asked whether the "Radioactive Material, Excepted Package" label from the ICAO Technical Instructions can be used on shipments that move by highway. PHMSA says yes. Under § 171.11, the ICAO Technical Instructions may be used for motor vehicle moves before or after an air leg, if the package meets those instructions. Under § 172.401(c)(3), that label is not prohibited by the HMR. PHMSA says it can be used on highway-only shipments too, as long as no aircraft is involved.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your May 16, 2006 letter requesting clarification on the use of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air. Specifically, you ask if the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) authorize use of the "Radioactive Material, Excepted Package" label for motor vehicle or highway-only transportation.
Section 171.11 of the HMR authorizes the use of the ICAO Technical Instructions for transportation by air and by motor vehicle either before or after transportation by aircraft when the hazardous material is packaged, marked , labeled, described, and certified on a shipping paper and otherwise in condition for shipment as required by the ICAO Technical Instructions.
Based on 172.401(c)(3), the "Radioactive Material, Excepted Package" label required under the ICAO Technical Instructions is not prohibited under the HMR and would be acceptable for use under the provisions of the 171.11 for motor vehicle transportation either before or after being transported by aircraft, as well as highway-only shipment that does not involve transportation by aircraft.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.