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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 #19-0062

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: Raul Badillo

Location State: MN Country: US

View the Interpretation Document

Response text:

October 21, 2019

Raul Badillo
2303 11th Street South
Moorhead, MN  56560

Reference No. 19-0062

Dear Mr. Badillo:

This letter is in response to your May 9, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a material of trade (MOT). Specifically, you state that your company transports Division 2.1 (flammable gas) in cylinders weighing approximately 50 lbs. each when full.  You further explain that these cylinders are transported for use in forklifts at different locations within your company.

We have paraphrased and answered your questions as follows:

Q1. You ask whether training is required to transport MOTs under the HMR.

A1. The answer is yes.  Although entities transporting MOTs are excepted from the training requirements prescribed in part 172, subpart H of the HMR, very basic training is required in that operators of the motor vehicle must be informed of the presence of the hazardous material on the vehicle and the requirements prescribed in § 173.6. Note that each cylinder must be maintained, marked and labeled as prescribed in the HMR (see § 173.6(b)(5) and (c)(3)). Further the total quantity of MOTs transported on a motor vehicle may not exceed 440 lbs. gross weight (see § 173.6(d)).

Q2. You ask whether a vehicle operator must have a hazardous material (hazmat) endorsement on a Commercial Driver's License (CDL) to transport MOTs.

A2. The answer is no. The Federal Motor Carrier Safety Administration is responsible for issuing the licensing standards for commercial motor vehicle drivers in 49 CFR part 383 that require a driver who transports hazardous material shipments to obtain a hazmat endorsement on a CDL. However, the requirement for a hazmat endorsement only applies to shipments for which a placard is required under the HMR or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. Because MOTs are excepted from the placarding requirements prescribed in part 172, subpart F of the HMR, a hazmat endorsement on a CDL is not required.

Q3. You ask whether MOTs may be transported in a "personal pickup truck" and whether they must be secured against shifting.

A3. The answer is yes to both. Section 171.8 defines a MOT to include a private motor carrier transporting hazardous materials in direct support of a principal business that is other than transportation by motor vehicle. Further, MOTs requirements in § 173.6(b)(1) state that packagings must be leak tight for liquids and gases, securely closed, secured against shifting, and protected against damage.

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.6, 173.6(b)(5) and (c)(3), 173.6(d), 171.8, 173.6(b)(1)

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.6 Materials of trade exceptions