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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #02-0016 ([Perry Wiltrout])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Perry Wiltrout

Location State: PA Country: US

View the Interpretation Document

Response text:

January 17, 2002

Mr. Perry Wiltrout                 Reference No. 02-0016
418 West Vine Street
Fleetwood, PA 19522

Dear Mr. Wiltrout:

This is in response to your January 11, 2002 letter and subsequent telephone conversation with a member of my staff requesting clarification of the provisions in § 173.159 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if shipping papers are required for shipments made in compliance with § 173.159(e).

The answer is no.  Electric storage batteries meeting the criteria specified in § 173.159(e)(1) through (e)(4) are not subject to the HMR.  The batteries must: (1) be the only hazardous material on the vehicle; and (2) be loaded or braced so as to prevent damage and short circuits.  In addition, any other material loaded in the vehicle must be blocked and braced to prevent contact with or damage to the batteries and the vehicle may not carry material shipped by any person other than the shipper of the batteries.  Therefore, under the scenario you describe, the shipment is not subject to the HMR (including shipping papers).

I hope this satisfies your request.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.159 Batteries, wet