The Tri-Color Triangle ™ by Safety Psychographics of Notre Dame, Indiana, is sold and licensed for use under a Limited Use License that any buyers or users of this new SMV emblem must agree the terms of, as evidenced by any sale or use. This is similar to the downloading programs or applications from the internet and first clicking a box to agree to those terms before the actual downloading. When you do that, you usually have a lengthy document that you can scroll though to read first before agreeing. On the Tri-Color Triangle ™ there is a label with two paragraphs of terms of permissible use (plus other information) that you must agree to before buying or using, and, those terms repeated on this website gives notice to any and all subsequent repurchasers or users what those terms are and tells them that they, too, are bound by the terms, whether or not the label on the triangle has survived intact or not. The reasons for this somewhat unprecedented Limited Use License for such a product are spelled out in blue between the lines of the license as follows. Thank you for your understanding and cooperation in enabling the Tri-Color Triangle ™ to reclaim the uniqueness that the original SMV emblem enjoyed for some years (until widespread illegal mailbox, driveway marker, gate marking use, et al) and to ensure that the same fate of “dilution of effectiveness” does not befall this new version also.
Tri-Color Triangle ™ Limited Use License
THE TRI-COLOR TRIANGLE (TM), A PROPRIETARY ADDITION TO AND REWORKING OF THE SMV EMBLEM, IS SOLD ONLY WITH THE AGREEMENT BY THE PURCHASER/USER THAT THE USAGE OF IT WILL ONLY BE IN ACCORDANCE WITH THE FOLLOWING TERMS. BY BUYING OR USING IT, THE PURCHASER/USER AGREES TO THESE TERMS AND IS GRANTED ONLY A LIMITED LICENSE FOR ITS USE AS GIVEN BELOW. ANY SUBSEQUENT REPURCHASER OR USER ALSO BINDS HIMSELF TO THESE TERMS. FAILURE TO ABIDE BY THIS LICENSE AND THESE TERMS GIVES SAFETY PSYCHOGRAPHICS OR ITS AGENTS AND ANY OTHER AUTHORIZED PARTY PERMISSION TO REPOSSESS, REMOVE, DESTROY OR OBLITERATE THIS PRODUCT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND THIS LIMITED USE LICENSE, DO NOT PURCHASE, REPURCHASE OR USE IT. PURCHASE OR USE OF THIS T-C T CONSTITUTES AGREEMENT WITH THESE TERMS AND THIS LICENSE AND YOU WILL GIVE UP RIGHTS OF POSSESSION +/OR INTACTNESS OF PRODUCT IF TERMS/LIMITED-USE LICENSE IS VIOLATED. DEFACEMENT, OBLITERATION OR REMOVAL OF THE NOTICE (the label on the triangle) DOES NOT FREE PURCHASER(S) OR USER(S) FROM THESE TERMS AND LIMITED-USE LICENSE RESTRICTIONS, AND POTENTIAL REPOSSESSION, REMOVAL, DESTRUCTION OR OBLITERATION OF THIS T-C T COULD STILL LAWFULLY OCCUR. SEE FURTHER DETAILS AND REASONS UNDER “LICENSE” AT THE WEBSITE ADDRESS. —you are reading it now—
THE TRI-COLOR TRIANGLE (TM) IS A COPYRIGHTED (C) DESIGN OF BTM AND SAFETY PSYCHOGRAPHICS AND IS ADDITIONALLY PROTECTED UNDER U.S. DESIGN PATENT NUMBER D846647. THE UNIQUE ASPECTS OF IT ARE THE FLUORESCENT “LIME GREEN” STRIPES AND THE CENTER (orange triangle section) ALSO BEING REFLECTIVE. NO PERSON OR BUSINESS IS ALLOWED TO DUPLICATE IT NOR SELL COUNTERFEIT RENDITIONS OF IT UNDER PENALTIES OF LAW. THE T-C T AND THE STATUTORILY-REGULATED SLOW MOVING VEHICLE EMBLEM WHICH IT INCORPORATES IS SOLD FOR AND IS TO BE STRICTLY USED ONLY FOR PURPOSES OF BEING MOUNTED OR ATTACHED TO THE REAR SIDES OF SLOW-MOVING VEHICLES HAVING MAXIMUM SPEEDS OF 25 MPH (WITH PROPER S.I.S. EXCEPTIONS).
—>This is the reason for this license: to drive home the fact that it is actually the law in all the states that the only valid use for the standard triangle and this new style triangle are to give warning to approaching motorists that the vehicle ahead of them is going Very Slow and that one probably needs to be braking as soon as they see these triangles.
THIS T-C T (AND SMV EMBLEMS) ARE NOT SOLD FOR NOR TO BE USED FOR MARKING MAILBOXES, FENCE POSTS, GATES OR TO BE USED AS DRIVEWAY MARKERS, ETC., ET AL. CONSULT YOUR STATE’S REGULATIONS AND THE A.S.A.B.E* STANDARDS, WHICH SPELL OUT SUCH RESTRICTIONS.
A sample law states: “[C] The use of the SMV emblem shall be restricted to animal-drawn vehicles, and to the slow-moving vehicles specified in division [B] of this section operating or traveling within the limits of the highway. Its use on slow-moving vehicles being transported upon other types of vehicles or on any other type of vehicle or stationary object on the highway is prohibited.… [I] Whoever violates this section is guilty of a Misdemeanor of the 5th Degree [with $150 fine].” –from Ohio statues 4513.11 Animal-drawn or slow-moving vehicles, lamps, reflectors and emblems.
THOSE TYPES OF IMPROPER USAGES DIMINISH THE EFFECTIVENESS OF USE ON MOVING VEHICLES FOR WHICH THIS T-C T AND SMV EMBLEMS ARE DESIGNED AND SUCH VIOLATIONS ARE SUBJECT TO REAL, LIVE PENALTIES (Ohio example above: $150 fine).
The SMV emblem and the Tri-Color Triangle ™ are traffic control devices, just as serious as the flags that flagmen use to warn you to stop or slow down for construction sites… just as serious as stop signs. Imagine if people were standing indiscriminately on the sides of the road waving flags wherever they wanted to or that people were posting stop signs anywhere at will. Motorists would grow jaded to the sight of them and eventually not pay proper attention to such flags and stop signs used in their proper places. This is what has happened with some peoples’ actions out of their laziness or ignorance… their buying SMV emblems and tacking them on their mailboxes, nearby telephone poles or gates, etc. The public gets the impression that these emblems are merely a colorful, effective marker (and reflector at night). What should be the sole, unique use of them–on slow moving vehicles–no longer registers in the public’s mind with the seriousness that the display of them should have. Don’t contribute to a possible accident that someone else could have rear-ending a farm wagon or Amish buggy.
THIS T-C T (AND SMV EMBLEMS) ARE ALSO NOT TO BE USED ON THE BACK OF ANY TYPE OF TRAILERS TOWED BY VEHICLES THAT EXCEED 25 MPH (LAWN CARE/CONSTRUCTION EQUIPMENT TRAILERS, HORSE TRAILERS, ETC.).
When these triangles are used on such fast moving equipment that travel at road speed, it diminishes the impact that such emblems should normally get because the connection between “slow moving” and the emblems is compromised.
THESE TRIANGLES ARE NOT INTENDED TO “MARK” SUCH TRAILERS WHEN PARKED.
No matter how eye-catching and effective these triangles are at showing up on such trailers when they are parked, you must find an alternative way of marking them (if you feel the need) that does not use these emblems. Get creative… there are other materials out there. Don’t contribute to the taking-away of these triangles’ effectiveness for the purpose for which they were created.
THE REASON FOR THESE RESTRICTIONS IS TO REESTABLISH THE UNIQUENESS OF THE SMV FOR STRICTLY ITS ORIGINAL PURPOSE: IDENTIFYING VEHICLES THAT ARE “SLOW AND IN MOTION” AND NOTHING ELSE. PLEASE FIND A DIFFERENT MARKER OR REFLECTOR (“reflector” used here for the benefit of the underinformed majority of the general public who commonly use this word instead the more technical term that is actual and proper: “retroreflector.” We realize that much of the general public (and the Standards Committee of the ASABE, see this link) thinks that a retroreflector is a “reflector” so went with that Folk Term on the label instead of first putting them through a class on the difference and having to make the label even bigger).
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