USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #05-0297 ([U.S Battery Manufacturing Company] [Mr. Terry Campbell])

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

Interpretation Response Details

Response Publish Date:

Company Name: U.S Battery Manufacturing Company

Individual Name: Mr. Terry Campbell

Location State: CA Country: US

View the Interpretation Document

Response text:

Jan 5, 2006


Mr. Terry Campbell                               Reference No. 05-0297
Director of Transportation
U.S Battery Manufacturing Company
1675 Sampson Avenue
Corona, CA 92879-1889

Dear Mr. Campbell:

This responds to your letter of November 14, 2005, and subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to electric storage batteries and storage incidental to transportation. According to your letter, your company transports batteries containing corrosive battery fluid from one shipping point without addition products loaded on your trucks. You state these shipments are excepted from subchapter C of the HMR as provided by § 173.159(e). Your questions are paraphrased and answered as follows:

Q1:      If all requirements in § 173.159(e) of the HMR are met, are placarding or driver           hazardous materials endorsements required?

Al:        No. Under § 173.159(e), electric storage 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. Electric storage batteries meeting the criteria specified in § 173.159(e) are not subject to the HMR. The HMR include, but are not limited to, shipping paper, marking, labeling, and placarding requirements. If the shipper chooses to provide a hazardous materials shipping paper, the shipper must do so in accordance with all the requirements in Part 172, Subpart C; however, the vehicle need not be placarded. In addition, you may require the drivers of the motor vehicles transporting the excepted shipment to have a commercial drivers license with a hazardous materials endorsement as a matter of company policy.

Q2:      Are shipping papers required for shipments positioned in. a staging area waiting for transportation?

A2:       No. In accordance with § 171.8 of the HMR, storage incidental to movement means any temporary storage that may occur between the time a hazardous material is offered for transportation to a carrier until it reaches its intended destination and is accepted by the consignee. This would include temporary storage of a shipment during this time period at a carrier’s terminal, consolidation or storage facility, or on a dock area waiting for loading. Hazardous Materials stored at a shipper facility prior to pick-up by a carrier are not stored incidental to movement.

I hope this information is helpful. Please contact us if you require additional assistance



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.200(a), 173.159(e)

Regulation Sections

Section Subject
172.200 Applicability
173.159 Batteries, wet