Search

The Materials of Trade Exception

Posted on 4/17/2012 by James Griffin

Q. I was told I can move hazardous materials in my own vehicle (like cans of paint, jugs of gasoline, batteries, etc.) without being subject to DOT’s hazmat regulations. Is this true?
 
A. Absolutely! Based on what kind and how much hazardous material you are moving, you may be able to take advantage of the Materials of Trade (MOT) exception [49 CFR 173.6]. This rule allows you to transport small amounts of certain low hazard materials by motor vehicle without having to comply with the bulk of the Hazardous Materials Regulations.
 
Definition of Material of Trade
Let’s start with the definition of a material of trade. A MOT is “… a hazardous material, other than a hazardous waste, that is carried on a motor vehicle:
 
  1. For the purpose of protecting the health and safety of the motor vehicle operator or passengers (such as a fire extinguisher in case of fire);
  2. For the purpose of supporting the operation or maintenance of a motor vehicle (such as extra gasoline in the truck in case you run out); or
  3. By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation.”
The first two criteria are largely self-explanatory, and rarely contentious. Most questions are about the third kind of material carried “in direct support of a principal business.” The classic example is fuel, fertilizer, cleaning supplies, and paint carried in a gardener’s van to a job site.
Supporting a principal business can also include a sales rep carrying product samples in their personal vehicle, a technician taking a quality control sample to a laboratory, or even local deliveries.
Materials of Trade
 
Materials NOT Allowed as MOTsSmall Materials of Trade Containers
Some materials are too dangerous to be allowed as materials of trade; they include:
 
  • Class 1 explosives,
  • Division 2.3 poison gases,
  • Self-reactive materials (Division 4.1),
  • Division 4.2 spontaneously combustible materials,
  • Division 4.3 dangerous when wet materials at the Packing Group I level,
  • Poison by inhalation materials (Division 6.1),
  • Class 7 radioactive material; and
  • Hazardous wastes.
Shipping Materials of Trade
Once you know you have a material of trade, there’s still more to do than tossing it in the trunk and heading out. While MOTs are largely exempt from the hazmat regulations, there are still a few basic requirements. And, while MOTs don’t require UN specification packaging or hazmat shipping papers, they do require alternative hazard communications. You must also abide by strict quantity limits.
 
Learn More About Materials of Trade
Lion’s Transporting Materials of Trade Online Course will teach your employees to understand what materials qualify for the MOT exception and what they must do to comply with the DOT rules when shipping these materials. The online course is one hour long, and satisfies the U.S. DOT’s function-specific training requirement for MOT shippers (49 CFR 173.6(c)(4).
 

Tags: DOT, hazmat shipping

Find a Post

Compliance Archives

Lion - Quotes

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.