Interpretation Response #99-0208 ([City of San Diego] [Ms. Joan N. McNamara])

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

Interpretation Response Details

Response Publish Date: 02/10/2000

Company Name: City of San Diego

Individual Name: Ms. Joan N. McNamara

Location State: CA Country: US

View the Interpretation Document

Response text:

February 10, 2000

Ms. Joan N. McNamara                      Ref. No. 99-0208
Deputy City Attorney
City of San Diego
1200 Third Avenue, Suite 700
San Diego, California 92101-4106

Dear Ms. McNamara:

This is in response to your letter requesting clarification on the provisions for transportation of Materials of Trade (MOTs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically you ask whether a company, using its own vehicle, may deliver a product under the provisions of § 173.6. You state that a misunderstanding exists due to the fact that we have authorized door-to-door salespeople to take advantage of the MOTs exception.

Your understanding is correct that door-to-door salespeople may utilize the MOTS exception.  However, a company that routinely transports and delivers a product to a customer may not take advantage of this exception.  The MOTs exception is intended to provide relief to persons who
transport hazardous materials in "direct support of their business" not to companies that deliver product.

I hope this information is helpful.

Sincerely,

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

173.6

Regulation Sections