OOSC, Part III, Item 2. Placarding, b. Number and Type of Placards - Displaying Placards While Empty or Hauling Non-HM Misrepresents

Part III - North American Standard Hazardous Materials Out-of-Service Criteria The placarding section (2) has a note that states NOTE: For this out-of-service item to apply, a hazardous material/dangerous good must be present."That note is not present under the Transport Vehicle Markings section (4). If a vehicle is loaded with non-HM and has one or more placards displayed it would be a violation, but not meet the out-of-service criteria.Currently if a trailer loaded with non-HM is displaying one or more ID numbers it could be out-of-service for misrepresenting the material being transported.

Looking at this from a first responders point of view, it would be best to have vehicles that are empty or carrying non-HM be placed out-of-service for misrepresenting the material being transported. Valuable time and even lives could be lost while first responders mitigate the visible placards and/or markings. However, I realize that Part III is used to regulate the transportation of hazardous materials. The absence of HM would leave one to assume that Part III does not apply.

At a minimum consistency is needed. Option #1 - Add a similar note to Section 4 - Transport Vehicle Markings. Option #2 - Remove the note from the placarding section and clarify that misrepresentation applies to vehicles carrying HM, non-HM, or that are empty. Option #3 - Add non-HM misrepresentation to Part II of the Out-of-Service Criteria.Although I would personally like to see misrepresentation of non-HM render the vehicle out-of-service, I have not gathered any hard data to justify this position.Thank you for considering this issue.