Regulatory Guidance - 390.21
| Entry Date | April 13, 2024 |
|---|---|
| Issue Number | 24-025-DRV |
| Name | Andrew Satterly |
| Agency | Niagara Scenic Tours, Inc. |
| Address | 5175 Southwestern BlvdHamburg, New York, 14075United StatesMap It (opens in a new tab) |
| Phone | 5854814280 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | 390.21 - Recently, we have started receiving violations for our DOT numbers being "blue on blue" at one specific location (Sight and Sound Theatre in Lancaster, PA). We have utilized the same livery and colors since about 2006 and did not have any issues. We have a baby blue bus with dark (nearly black) blue DOT numbers. They are clearly visible from well beyond 50 feet. We were able to get the first violation overturned after filing 3 DataQs and asking for FMCSA review with the assistance of CVSA employee Jeremy Disbrow. We have received another violation that we are currently in DataQ for, right now. |
| Justification or Need | We believe clarification on the regulation would make it easier for roadside inspectors to determine the need to write a violation or not. Given that we have not had issues with this livery in the past 18 years, we believe clarification of the regulation would resolve this issue. |
| Request for Action | As stated previously, clarification on the regulation of what is considered to be sharply contrasting colors in 390.21 would make it easier for roadside officers to determine the need for a violation. |