Moss to Stavanger: the 'SP 188' lithium battery load
A rigid truck is offered a load of 24 fibreboard boxes of UN 3480 LITHIUM ION BATTERIES, 9, each box containing 50 kg net of batteries. The batteries are within the Wh limits normally associated with special provision 188. The loader says the consignment is 'SP 188' and therefore needs no orange plates, no transport document and no ADR certificate. The vehicle has no orange plates fitted and the driver has only a normal driving licence. The boxes carry the lithium battery mark but no UN number. The journey is for hire and reward from Moss to Stavanger, crossing several tunnels. The driver is asked to sign for the load and leave immediately.
1. Is the loader right that special provision 188 applies and that no ADR certificate or orange plates are needed?
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No. Special provision 188 is a limited exemption with package limits. For UN 3480 lithium ion batteries, the net quantity per package must not exceed 10 kg, in addition to the cell/battery Wh limits, test-summary, packaging and marking conditions. Each box here contains 50 kg net, so the 10 kg package limit is exceeded. SP 188 is therefore not available for these packages as presented.
The lithium battery mark alone does not make the load exempt. Because SP 188 fails, the consignment is fully regulated Class 9:
- a transport document is required;
- the driver needs a valid ADR certificate for packages;
- the vehicle needs orange plates front and rear;
- instructions in writing and ADR fire extinguishers are required;
- the packages need the correct Class 9 labels and UN number marking, not only the lithium battery mark.
The loader has confused 'the batteries are within the Wh limits' with 'the whole package is within SP 188'.
2. What should be done before the vehicle is loaded, and what is the driver's position if asked to leave immediately?
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Before loading, the consignor must decide between two lawful options:
- Repack to SP 188 limits - split the batteries into packages of no more than 10 kg net, confirm the Wh limits, test summary, packaging and lithium battery mark, and then apply the SP 188 conditions; or
- Carry as fully regulated Class 9 - provide a complete transport document, correct Class 9 labels and UN 3480 marking, ADR certificate, instructions in writing, orange plates and fire extinguishers.
The driver should not sign for or depart with the load as described. A normal driving licence is not an ADR certificate. The vehicle has no orange plates. If the driver leaves, both the driver and the operator are exposed on a for-hire journey that crosses tunnels where the tunnel restriction code for the load must also be known. The correct response is to stop and have the consignment corrected.