Splash Guards/Prohibited Display

This is in response to your letter dated October 12, 1993, regarding whether certain splash guards manufactured by your company are in violation of 49 CFR 172.502. The splash guards in question display a square-on-point configuration with the words "CAUTION WIDE TURNS" in black letters on a yellow background.

Since 1976, the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) have prohibited display on a motor vehicle or rail car of any sign or other device that, by its color, design, shape or content could be confused or conflict with any placard prescribed in the HMR. This prohibition is intended to limit the potential for dilution of hazard warning communication provided by the appropriate hazardous materials placards. The splash guards manufactured by your company have a square-on-point graphic design similar to a placard and are yellow, as is the OXIDIZER placard. Based on their color and shape, the splash guards containing the square-on-point "CAUTION WIDE TURNS" display could be confused with placards prescribed in the HMR and, therefore, are in violation of § 172.502(a)(2).

With regard to the issue of the Federal Highway Administration's Office of Motor Carriers (OMC) in Nebraska requiring removal of all splash guards within a 30 day period, you should contact the Nebraska OMC or the OMC headquarters in Washington, D.C. at (202) 366-1790.

I hope this satisfies your inquiry.