The tradesperson rule also applies to safety-critical defective lithium cells and batteries
Yes. This is actually the case. The reasons for this described by Mr Depre:
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From: Depre, Christian (StMB)
Sent: Monday, 20 September 2021 10:17
To: Juergen.Werny
Subject: Re: Defective lithium batteries in the possession of private individuals and under the ‘craftsmen regulation’
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From: Depre, Christian (StMB)
Sent: Monday, 20 September 2021 10:17
To: Juergen.Werny
Subject: Re: Defective lithium batteries in the possession of private individuals and under the ‘craftsmen regulation’
Good morning, Mr Werny,
It would be extremely unrealistic to expect private individuals to comply with the complex
regulations for the transport of defective lithium batteries. The exemption under ADR 1.1.3.1 (a) is specifically intended intention of not criminalizing private individuals, who regularly have little or no knowledge of dangerous goods law, in their everyday transport activities.
It is inevitable that increasing electrification will lead to more and more
lithium batteries – including defective ones – being transported by private individuals.
In any case, it is socially desirable that defective batteries be
proper disposal and not disposed of with household waste, for example.
The risk associated with the transport required for this
must be accepted.
With regard to the transport of lithium batteries by service technicians, we have
discussed that the exemption
can be used for the transport of the new batteries to the customer in accordance with subsection 1.1.3.1 (c) ADR.
However, I don't remember whether we also discussed the
return transport of the defective batteries that have been replaced.
I didn't find anything about this in our previous e-mail exchange either.
However, it is beyond doubt in my mind that the return of the defective batteries should also be
context of the main activity of a service technician. The
exemption does not legally preclude its application in these cases
and that is what ultimately matters, not the purely subjective and sweeping
assertion of an allegedly unacceptable risk.
Kind regards,
Christian Depre
Bauoberrat
Referat 66 - Technik der Straßenfahrzeuge und -bahnen, Seilbahnen,
Gefahrgutbeförderung
Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
Franz-Josef-Strauß-Ring 4, 80539 München
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