Materials of Trade Applicability
Pipeline and Hazardous Materials Safety Administration · Dec 18, 2001 · Reference No. 01-0299
Interprets: 49 CFR § 173.6
Reggie’s quick take
A dealership employee asked whether they could use the materials of trade (MOTS) exception to carry auto parts that count as hazardous materials to a body shop. PHMSA said yes. The parts meet the definition of MOTS in § 171.8, so the exception can apply, as long as every condition in § 173.6 is met. That includes the limits on inner containment. The letter does not list those conditions, so check § 173.6 before relying on this.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your November 28, 2001 letter requesting clarification on the materials of trade (MOTS) exception found in section § 171.6 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 -180). Specifically, you ask if an employee from an automobile dealership transports auto parts that meet the definition of a hazardous material to a body shop, would that employee be able to take advantage of the MOTS exception if the transported items meet the inner containment limits in § 173.6.
The described hazardous materials meet the definition for MOTS (§ 171.8). Provided all conditions in § 173.6 are met, the MOTS exception may be applied to your scenario.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.