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 #14-0083 ([Royal Batteries Distribution] [Mr. Randy David])

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

Interpretation Response Details

Response Publish Date:

Company Name: Royal Batteries Distribution

Individual Name: Mr. Randy David

Location State: FL Country: US

View the Interpretation Document

Response text:

June 23, 2014

Mr. Randy Davis

Supervisor of Operations
Royal Batteries Distribution
2580 North Orange Blossom Trail
Kissimmee, FL 34744

Ref. No.: 14-0083

Dear Mr. Davis:

This is in response to your email dated April 22, 2014, and subsequent emails with a member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask for verification that your understanding of a recent interpretation (Ref. No.: 13-0134) from this office is correct, and that your trucks in full compliance with the transport conditions in § 173.159(e)(1)-(3) would not be required to be placarded. 

You state that your company trucks pick up used wet (electric storage) batteries from multiple individuals and exchange them for new batteries.   You ask if these shipments from multiple individuals are eligible for exception from the HMR if in compliance with § 173.159(e).

As stated in the letter of interpretation Ref. No.: 13-0134 you mention above, if after taking possession of each battery your company performs all pre-transportation functions necessary for the shipment you are acting as the shipper of the batteries.  In this case the pre-transportation functions would be those listed in § 173.159(e)(1)-(3).  Put another way, if after taking possession of the batteries you also ensure compliance with the conditions in § 173.159(e)(1)-(3) you qualify for the exception from the HMR, including placarding, provided in § 173.159(e).

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.


Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

173.159(e)(1)-(3) , 173.159(e)


Regulation Sections

Section Subject
173.159 Batteries, wet
173.159 Batteries, wet