Under regulation HM-200 that took effect on Oct. 1, 1997, the exceptions that allow intrastate drivers to transport materials of the trade without shipping papers, was extended to interstate transporters. The regulations were changed as a result of revisions in 49 CFR, which expand the compliance requirement to cover intrastate commerce as well as interstate commerce of motor vehicles traveling on highways. In the past only hazardous wastes, hazardous substances, marine pollutants and flammable cryogenic liquids carried in portable tanks and cargo tanks were regulated under 49 CFR for intrastate transport by highway. Hazardous materials transported by rail, air or vessel are already regulated by 49 CFR. Only intrastate commerce by motor vehicles have been excepted from the regulations. This tightening of regulations has actually resulted in a relaxation of a few regulations for interstate transporters.
As of April 8, 1997 carriers who transport hazardous materials that meets the criteria for "materials of trade" need not worry about shipping papers for these materials, nor about incident reporting when unintentional releases of these materials occurs. 171.8 defines Materials of trade as a hazardous material other than a hazardous waste, that is carried on a motor vehicle --
This exception applies to salespeople who transport open boxes with inner containers of hazardous materials provided they are secured against movement. It also applies to breathing air and for personal toiletries and medicines as well as to small quantities of coolant, oil, windshield washer, etc. used to maintain the vehicle.
When a material of trade is transported in conformance with 173.6, it is not subject to any other requirements of this subchapter besides those set forth or referenced in 173.6. Materials of trade are limited to the following quantities:
Note that self-reactives, poisonous by inhalation and hazardous wastes are excluded from this exception.
Cylinders (except DOT specification-39 (non-refillable) must be marked and labeled as prescribed in 49 CFR 178.65-14(c). The operator of a motor vehicle that contains a material of trade must be informed of the presence of the hazardous material (including whether it is an "RQ" material) and must be informed of the requirements of the exception for materials of trade.
Except for permanently mounted tanks authorized by the materials of trade section (173.6 (a)(1)(iii)) the aggregate gross weight of all materials of trade on a vehicle may not exceed 440 pounds.
Note that a material of trade may be transported on a motor vehicle under the provisions of 173.6 with other hazardous materials without affecting its eligibility for exceptions provided in this section.
Every effort has been made regarding the accuracy of the information provided on this page, however, these pages should not be used to determine regulatory compliance. This site and the author do not warrant or guarantee the accuracy or the sufficiency of the information provided and do not assume any responsibility for its use. As with any regulatory information, always refer to and read the current year's Code of Federal Regulations.
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Roberta C. Barbalace. HM-200 Provides Relief for Materials of the Trade. EnvironmentalChemistry.com. 2000. Accessed on-line: 5/20/2019