Transporting Wet Batteries: Let the confusion begin!

Taking a look at the exception for Transporting wet batteries

You're transporting batteries and sometimes you're placarded, and sometimes you're not.  What gives? It's the wet batteries exception in the regulations that can confuse drivers, carriers and inspectors.

Transporting Wet Batteries By Highway

Sometimes a truckload of batteries has to have shipping papers and placards and sometimes the vehicle doesn't have to have either. Whether you're a carrier or inspector, determing when a truckload of batteries has to be placarded is important, because if placards are required, then it starts a whole avalanche of other regulations that must be complied with.

The exception for wet batteries (and most other batteries) is found in 173.159 in the regulations. It's pretty long regulation and can be confusing, but if you're transporting batteries by highway or rail it's easy to cut through the clutter. Let's go all the way down to paragraph (e) in the regulation, because if you meet all of the following requirements you can take adavantage to the exemption.

Battery exception taken from 173.159:

(e) When transported by highway or rail, electric storage batteries containing electrolyte or corrosive battery fluid are not subject to any other requirements of this subchapter, if all of the following are met:

(1) No other hazardous materials may be transported in the same vehicle;

(2) The batteries must be loaded or braced so as to prevent damage and short circuits in transit;

(3) Any other material loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and

(4) The transport vehicle may not carry material shipped by any person other than the shipper of the batteries.

A key word in the regulation is subchapter. What does that mean? Quite simply, the hazardous materials reguations. Just about all hazmat regulations are contained in subchapter C. So if the batteries are being transported by highway, and meet all 4 requirments the load is exempt fromt the DOT hazmat regulations.

Common Pitfalls

No other hazmat!

Make sure that you are not hauling any other hazardous materials. Hazmat that has been relcassified as an ORM-D (ORM-D's are consumer commodity items that present a limited hazard due to it's quantity, hazard and packaging) or materials that are classified as Limited Quantities and even Materials of Trade are still hazmat and will disqualify you in the using the 173.159 exeption.

Non Hazardous Materials

Non hazardous materials that are transported can cause you a problem if you don't pay close attention to it's load securement and who it belongs to. First, make sure the load is blocked and braced and otherwise secured in the vehicle. That means use a load lock or a strat even behind the pallet or load.

If the non hazardous material belongs to another shipper or carrier you can't use the exemption. However, if the non hazardous cargo does belong the same same person shipping the batteries, you can still take advantage of the exception.

Hopefully this helps you with your compliance needs but remember that these are just the basics of how to use the exeption. If you have a unique business and still don't quite see how it fits into this exeption, make sure you get a hold of PHMSA and ask them your question and maybe have an interpretation issued that may benefit everyone.