![]() ![]() Therefore, the transport vehicle would contain two different hazardous materials, the first being a Class 9 material and the second a Class 8 material. Disconnected or uninstalled wet batteries are classified as “Batteries, wet, filled with acid” or “Batteries, wet, filled with alkali, electric storage” and assigned to Hazard Class 8. Therefore, a forklift that is excepted from the requirements of the HMR under § 173.220(c) would meet the definition of a hazardous material.Ī battery powered forklift is classified as “Battery-powered vehicle” or “Battery powered equipment” and assigned to Hazard Class 9. The definition of a hazardous material does not exclude materials that meet one or more of the defining criteria but are being transported under exceptions. The definition of a hazardous material, found in § 171.8, includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (HMT § 172.101), and materials that meet the defining criteria for hazard classes and divisions in Part 173, Subchapter C. Paragraph (1) of § 173.159(e) states that no other hazardous materials may be transported in the same vehicle. Shipments of electric storage batteries are excepted from the HMR if the provisions found in § 173.159(e)(1)-(4) are met. You state that the batteries installed in the forklifts are identical to the palletized batteries and that the forklifts contain no other hazardous materials and are excepted from the HIVIR under ![]() Specifically, you ask if two pallets containing two wet batteries each, that otherwise meet the exception found in § 173.159(e)(1)-(4), could use that exception if placed in a transport vehicle with four battery powered forklifts. This is in response to your letter dated Jrequesting clarification of the wet battery exception found in § 173.159(e) of the Hazardous Materials Regulations (HMR 49 CFR Parts 17 1-180). Interpretation Response Details Response Publish Date: 07-13-2004 Below is the interpretation response detail and a list of regulations sections applicable to this response. ![]()
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