[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.2]

[Page 72-73]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec. 171.2  General requirements.

    (a) No person may offer or accept a hazardous material for 
transportation in commerce unless that person is registered in 
conformance with subpart G of part 107 of this chapter, if applicable, 
and the hazardous material is properly classed, described, packaged, 
marked, labeled, and in condition for shipment as required or authorized 
by applicable requirements of this subchapter, or an exemption, approval 
or registration issued under this subchapter or subchapter A of this 
chapter.
    (b) No person may transport a hazardous material in commerce unless 
that person is registered in conformance with subpart G of part 107 of 
this chapter, if applicable, and the hazardous material is handled and 
transported in accordance with applicable requirements of this 
subchapter, or an exemption, approval or registration issued under this 
subchapter or subchapter A of this chapter.
    (c) No person may represent, mark, certify, sell, or offer a 
packaging or container as meeting the requirements of this subchapter or 
an exemption, approval or registration issued under this subchapter or 
subchapter A of this chapter, governing its use in the transportation in 
commerce of a hazardous material, whether or not it is used or intended 
to be used for the transportation of a hazardous material, unless the 
packaging or container is manufactured, fabricated, marked, maintained, 
reconditioned, repaired and retested, as appropriate, in accordance with 
applicable requirements of this subchapter, or an exemption, approval or 
registration issued under this subchapter or subchapter A of this 
chapter.
    (d) The representations, markings, and certifications subject to the 
prohibitions of paragraph (c) of this section include, but are not 
limited to--
    (1) Specification identifications that include the letters ``ICC,'' 
``DOT,'' ``CTC,'' ``MC,'' or ``UN'';
    (2) Exemption, approval, and registration numbers that include the 
letters ``DOT,'' ``EX,'' ``M,'' or ``R''; and
    (3) Test dates associated with specification, registration, 
approval, retest, exemption, or requalification identification number 
(RIN) markings indicating compliance with a test or retest requirement 
of this subchapter, or an exemption, an approval, or a registration 
issued under this subchapter or subchapter A of this chapter.
    (e) When a person performs a function covered by or having an effect 
on a specification prescribed in part 178, 179 or 180 of this 
subchapter, an approval issued under this subchapter, or an exemption 
issued under subpart B of this chapter, that person must perform the 
function in accordance with that specification, approval, or exemption, 
as appropriate.
    (f) No person shall, by marking or otherwise, represent that--
    (1) A container or package for the transportation of hazardous 
materials is safe, certified, or in compliance with the requirements of 
this title unless it meets the requirements of all applicable 
regulations issued under the Federal hazardous material transportation 
law; or
    (2) A hazardous material is present in a package, container, motor 
vehicle, rail car, aircraft, or vessel, if the hazardous material is not 
present.
    (g) No person shall unlawfully alter, remove, deface, destroy, or 
otherwise tamper with--
    (1) Any marking, label, placard, or description on a document 
required by the Federal hazardous material transportation law, or the 
regulations issued thereunder; or
    (2) Any package, container, motor vehicle, rail car, aircraft, or 
vessel used for the transportation of hazardous materials.
    (h) No person shall--
    (1) Falsify or alter an exemption, approval, registration or other 
grant of authority issued under this subchapter or subchapter A of this 
chapter; or
    (2) Offer a hazardous material for transportation or transport a 
hazardous material in commerce, or represent, mark, certify, or sell a 
packaging or container, under a false or altered exemption, approval, 
registration

[[Page 73]]

or other grant of authority issued under this subchapter or subchapter A 
of this chapter.

[Amdt. 171-70, 48 FR 2655, Jan. 20, 1983, as amended by Amdt. No. 171-
100, 54 FR 25004, June 12, 1989; Amdt. 171-12, 56 FR 8624, Feb. 28, 
1991; Amdt. No. 171-115, 57 FR 30631, July 9, 1992; 57 FR 37902, Aug. 
21, 1992; Amdt. No. 171-120, 58 FR 33305, June 16, 1993; Amdt. 171-2, 59 
FR 49132, Sept. 26, 1994; Amdt. 171-141, 61 FR 21101, May 9, 1996; 64 FR 
10752, Mar. 5, 1999; 67 FR 51640, Aug. 8, 2002]