In April of 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Battery Safety Compliance Advisory. While the Advisory is almost a year old, it appears that the transportation of used batteries destined for recycling facilities (smelters) is being subjected to increased scrutiny and motor carriers are being issued fines for the shippers' failure to package, mark, label, and properly document the spent batteries.
Anyone transporting wet batteries pursuant to the exception in 173.159(e), should make sure that no other hazmat is transported in the same vehicle; the batteries are loaded (blocked and braced) to prevent damage and short circuits; other freight is secured so as to prevent contact with the batteries; and the vehicle does not carry material shipped by any other person besides the shipper of the batteries. Failure to follow all of these provisions requires full compliance with the HMRs and can result in multiple violations. A copy of the PHMSA compliance advisory is available at:
http://www.phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/2009_Battery_Safety_Compliance_Advisory.pdf