Question:

Hi Daniel,
Thank you for your help.

I have another issue, I’d like to run by you. I have been allowing trained researcher to use their personal vehicles for single use transportation of exempt samples, patient samples that could be Cat B (NOT Cat B cultures) and unregulated biological samples under MOTS (aka: the Materials of Trade exception). As I interpret the DOT MOTS, that is allowed. Would you agree with this assessment?

Thanks again,

My reply:

Yes. that is OK under the Materials of Trade exception as long as you comply specifically with 49 CFR 173.6(a)(4) and the remainder of §173.6 for packaging, hazard communication, “inform the driver” &etc.

A summary of the Materials of Trade exception for Division 6.2 Infectious substances:

• Includes:
  • Human or animal samples for research, diagnosis, disease treatment or prevention, &etc.
  • Biological product or regulated medical waste.
  • Sharps
• Must not be a Category A Infectious Substance (Category B, OK).
• Packaging:
  • Combination packaging.
  • Leakproof inner packaging for liquids with sufficient sorbent for all liquids in outer packaging.
  • For sharps: inner packaging must be puncture resistant and securely closed.
  • All placed in outer packaging that is strong, tight, securely closed, and secured within vehicle.
• Quantity limits:
  • For regulated medical waste:
    • One or more inner packagings of no more than 4 kg (8.8 lb) or 4 L (1 gal).
    • Outer packaging of no more than 16 kg (35.2 lb) or 16 L (4.2 gal).
  • All other:
    • One or more inner packagings of no more than 0.5 kg (1.1 lb) or 0.5 L (17 oz).
    • Outer packaging of no more than 4 kg (8.8 lb) or 4 L (1 gal).

Or…

• • • One inner packaging of no more than 16 kg (35.2 lb) or 16 L (4.2 gal).

Conclusion:

The Materials of Trade exception – like other exceptions in the Hazardous Materials Regulations – allows for the transport of HazMat subject to a reduced regulatory burden. Make certain you are aware of the exception available for the transportation of your HazMat.

Can the following hazardous materials (HazMat) be transported by company employees in a company vehicle on a public road (for business purposes, natch)?

• 3 x 5 gallon containers of Acetone

• 1 x 5 gallon container of Methanol

Answer:  yes, those HazMat and a lot more by using the Materials of Trade Exception.

A question from a recent customer (02.06.17):

Hello,
Daniel we have an location a mile down the road that needs some raw material and are hazmat. Need to see if you can give some direction on the rules of small quantities 1gal and less shipping via company transfer.

My reply with prepared information:

I have written articles on this subject that explain it in more detail.  Please see below.

A former coworker contacted me with a question on January 29, 2016:

I have a quick question for you Dan.  If a facility has 5 – 6 consumer (car type) lead-acid batteries that they want to take to a salvage yard for recycling, is there a DOT exemption or something that keeps them from being classified as a hazardous substance.  I think they need to transport with shipping papers and be properly labeled.  Let me know if you have any experience with this.

Thanks,

I had time to fire off a reply that day:

Please note below:

Note from Daniels Training Services:

My reply does not take into account the exception from regulation available to shippers of batteries found at 49 CFR 173.159(e).

[slideshare id=26655147&doc=thematerialsoftradeexception-green-130928181541-phpapp01]