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Interpretation Response #05-0271 ([Dangerous Goods Advisory Council] [Mr. Alan I. Roberts])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dangerous Goods Advisory Council

Individual Name: Mr. Alan I. Roberts

Location State: DC Country: US

View the Interpretation Document

Response text:

Dec 30, 2005


Mr. Alan I. Roberts                       Reference No. 05-0271
Dangerous Goods Advisory Council
1100 H Street, NW, Suite 740
Washington, DC 20005

Dear Mr. Roberts,

This responds to your October 5, 2005 letter requesting additional clarification on the applicability of the Materials of Trade (MOTs) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request that we correct errors and reissue two letters of interpretation regarding the applicability of the MOTs exception.

In the case of the July 9, 2004 letter, addressed to Mr. Steven King of Mobility Products Unlimited (Ref. No.04-0145), Ms. Mitchell’s statement that “A private carrier is a carrier who transports the business’s own products and does not provide such transportation service to other businesses” is correct. That statement does not contradict the definition in 49 CFR. 390.5, stating that a private carrier “means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for- hire motor carrier.” A company transporting a purchased swimming pool system for delivery and installation is a private motor carrier for purposes of the HMR.

In the case of the May 18, 2005 letter, addressed to Mr. Randy Hill of Chemtran Services USA, Inc. (Ref. No. 05-0096), the response by Mr. Gale that, based on the information in Mr. Hill’s letter, his company is not a private motor carrier is correct. The company is providing transportation services to a third party. In addition, the MOTs exception is intended for use by highway mode by a private motor vehicle in direct support a principal business that is other than transportation by motor vehicle, not for transportation by aircraft.

I hope this answers your inquiry.



Susan Gorsky
Acting Director
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.6 Materials of trade exceptions