Materials of trade

Scope

Carriers that use the MOT exception do not have to comply with most of the HMR. If a carrier wishes to take advantage of the exception the carrier must be conducting business activities that allow them to use the exception and must stay within the quantity limits provided in the regulations.

Regulatory citations

• 49 CFR 171.8 — Definitions and abbreviations
• 49 CFR 173.6 — Materials of trade exceptions

Key definitions

• Combination package: A combination of packaging, for transport purposes, consisting of one or more inner packagings secured in a non-bulk outer packaging.
• Material of trade (MOT): A hazardous material that is carried on a motor vehicle:
  • For the purpose of protecting the health and safety of the motor vehicle operator or passengers (such as insect repellent or self-contained breathing apparatus);
  • For the purpose of supporting the operation or maintenance of a motor vehicle, including its auxiliary equipment (such as a spare battery, gasoline, or engine starting fluid); or
  • By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle (such as lawn care, plumbing, welding, or painting operations).
• Outer packaging: The outermost enclosure of a composite or combination packaging together with any absorbent materials, cushioning and any other components necessary to contain and protect inner receptacles or inner packagings.

Summary of requirements

There are two parts to the quantity of materials requirement in the MOT exception. The first is the individual quantities and amounts based on the hazard class or division of the material. The other quantity limit is the total amount of MOT allowed on the vehicle.

MOT quantities by material: A carrier must meet the quantity limits in order to use the MOT exception. An MOT (not including self-reactive material, poisonous by inhalation material, or hazardous waste) is limited to:

• A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM–D material contained in a packaging having a gross mass or capacity not over:
  • 0.5 kg (1 lb) or 0.5 L (1 pt) for PG I material;
  • 30 kg (66 lb) or 30 L (8 gal) for a PG II, III, or ORM–D material;
  • 1,500 L (400 gal) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material; or
  • Materials in these Classes or Divisions not assigned a PG must use the PG II or III capacities.
• A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 lb);
• A Division 2.1 or 2.2 material in a Dewar flask meeting the requirements in 173.320.
• A non-liquefied Division 2.2 material with no subsidiary hazard in a permanently mounted tank manufactured to the ASME Code at not more than 70 gallons water capacity;
• A Division 4.3 material in PG II, III, or no PG assigned contained in a packaging having a gross capacity not exceeding 30 ml (1 oz);
• A Division 6.2 material, other than a Category A infectious substance, contained in human or animal samples (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for research, diagnosis, investigational activities, or disease treatment or prevention or is a biological product or regulated medical waste.
  • The material must be contained in a combination packaging. For liquids the inner packaging must be leakproof, and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging.
  • For sharps, the inner packaging (sharps container) must be constructed of a rigid material resistant to punctures and securely closed to prevent leaks or punctures, and the outer packaging must be securely closed to prevent leaks or punctures.
  • For solids, liquids, and sharps, the outer packaging must be a strong, tight packaging securely closed and secured against shifting, including relative motion between packages, within the vehicle on which it is being transported.
  • For other than regulated medical waste, the amount of Division 6.2 material in a combination packaging must conform to the following:
    1. One or more inner packagings, each of which may not contain more than 0.5 kg (1.1 lbs) or 0.5 L (17 ounces), and an outer packaging containing not more than 4 kg (8.8 lbs) or 4 L (1 gal); or
    2. A single inner packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gal) in a single outer packaging.
  • For regulated medical waste, a combination packaging must consist of one or more inner packagings, each of which may not contain more than 4 kg (8.8 lbs) or 4 L (1 gal), and an outer packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gal).
• A limited quantity package prepared in accordance with the regulations. Class 7 (radioactive) substances, instruments, and articles are not authorized.

Maximum gross weight of all MOT on the vehicle. The gross weight of all MOT on a motor vehicle may not exceed 200 kg (440 lb), not including a permanently mounted tank (1,500 L [400 gal] or less) of diluted Class 9 material, as mentioned above.

Markings.

• A non-bulk packaging, other than a cylinder, must be marked with:
  • A common name or proper shipping name to identify the material it contains; and
  • The letters “RQ,” if the packaging contains a reportable quantity of a hazardous substance.
• A bulk packaging containing a diluted mixture (≤2%) of a Class 9 material must be marked on two opposing sides with the identification number.
• A cylinder or other pressure vessel containing a Division 2.1 or 2.2 material must conform to the marking, labeling, packaging, qualification, maintenance, and use requirements of the HMR, except that outer packagings are not required. Manifolding of cylinders is authorized provided all valves are tightly closed.

Packaging.

• Packaging for materials of trade must be leak tight for liquids and gases, sift proof for solids, and be securely closed, secured against shifting, and protected against damage.
• Each material must be packaged in the manufacturer’s original packaging or a packaging of equal or greater strength and integrity.
• Packaging for gasoline must be made of metal or plastic and conform to the HMR or OSHA regulations.
  Exception. Outer packagings are not required for receptacles (e.g. cans and bottles) that are secured against shifting in cages, carts, bins, boxes or compartments.

Other requirements. The operator of a motor vehicle that contains a material of trade must be informed of the presence of the material and must be informed of the materials of trade requirements in the regulations.

The materials of trade regulations require:

• General knowledge of the MOT regulations,
• Quantity limitations,
• Packaging requirements,
• Marking requirements,
• Labeling requirements,
• Closure requirements, and
• Securement requirements.

The materials of trade regulations do not require:

• Shipping papers,
• Emergency response information,
• Placarding,
• Formal training, or
• Retention of training records.

Examples of materials of trade