§818.49.  Transportation of gasoline or diesel fuel; penalty

A.  Every motor vehicle being operated by private and/or for-hire carriers of property shall be marked as specified in this Section if that vehicle is transporting hazardous materials, including gasoline or diesel fuel of a kind or quantity that requires the vehicle to be marked or placarded in accordance with the Hazardous Materials Regulations of the United States Department of Transportation, and is operating under its own power, either alone or in combination.

(1)  The marking or placard shall display the following information:

(a)  The name or trade name of the private and/or for-hire carrier operating the vehicle.

(b)  The city or community and state abbreviation in which the carrier maintains its principal office or in which the vehicle is customarily based.

(c)  If the name of a person other than the operating carrier appears on the vehicle, the words "operated by" should immediately precede the information required by this Section.

(d)  Other identifying information may be displayed on the vehicle if it is not inconsistent with the information required by this Section.

(2)  The marking shall meet the following requirements:

(a)  Appear on both sides of the vehicle.

(b)  Be in letters that contrast sharply in color with the background.

(c)  Be readily legible during daylight hours while the vehicle is stationary.

(d)  Be kept and maintained in a manner that retains the legibility required by this Section.

(e)  The marking may consist of a removable device if that device meets the identification and legibility requirements of this Section.

(3)  The marking provisions of this Section as to the word "gasoline" or "diesel fuel" shall not apply to a vehicle transporting gasoline or diesel fuel in the fuel tank thereof supplied by the manufacturer with the vehicle, or carried in an auxiliary fuel tank, connected directly with the carburetor or fuel injectors of the vehicle and used exclusively for propelling means, nor to vehicles transporting gasoline or diesel fuel in quantities of not more than five gallons for delivery in response to emergency calls.

B.  Failure to comply with the provisions of this Section may result in a penalty of one thousand dollars.  For each subsequent violation, the penalty is multiplied by the sum of the current violation plus all prior violation(s) of this Section.

Acts 2005, No. 252, §1, eff. July 1, 2006.