Applicibility When There Are "No Trespassing" Signs
Pipeline and Hazardous Materials Safety Administration · Dec 28, 1999 · Reference No. 99-0261
Interprets: 49 CFR § 171.1
Reggie’s quick take
A company asked whether federal hazardous materials rules apply to moving hazardous materials around its multi-acre site. The company owns the roads, and there are "No Trespassing" signs at each entrance. PHMSA said no. Under § 171.1, the rules cover transportation "in commerce," and that term leaves out transportation on private property. Signs, gates, or guard stations at each entrance that keep the public out make the property private, so the rules do not apply. This holds whether company employees or contractors make the deliveries.
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 is in response to your letter of September 27, 1999 requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask whether the HMR are applicable to a company that transports hazardous materials throughout its multi-acre site if the roads are owned by the company and there are "No Trespassing" signs located at each entrance.
The answer is no. As specified in §171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. "In commerce" excludes from regulation the transportation of hazardous materials on private property. The use of signs, gates, or guard stations at each entrance of a facility, to deny public access make the property private, and therefore, not subject to the HMR. This is true whether deliveries are made by company employees or contractors; the HMR do not apply to transportation on private property.
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.