
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5109]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5109. Motor carrier safety permits

    (a) Requirement.--A motor carrier may transport or cause to be 
transported by motor vehicle in commerce hazardous material only if the 
carrier holds a safety permit the Secretary of Transportation issues 
under this section authorizing the transportation and keeps a copy of 
the permit, or other proof of its existence, in the vehicle. The 
Secretary shall issue a permit if the Secretary finds the carrier is 
fit, willing, and able--
        (1) to provide the transportation to be authorized by the 
    permit;
        (2) to comply with this chapter and regulations the Secretary 
    prescribes to carry out this chapter; and
        (3) to comply with applicable United States motor carrier safety 
    laws and regulations and applicable minimum financial responsibility 
    laws and regulations.

    (b) Applicable Transportation.--The Secretary shall prescribe by 
regulation the hazardous material and amounts of hazardous material to 
which this section applies. However, this section shall apply at least 
to transportation by a motor carrier, in amounts the Secretary 
establishes, of--
        (1) a class A or B explosive;
        (2) liquefied natural gas;
        (3) hazardous material the Secretary designates as extremely 
    toxic by inhalation; and
        (4) a highway-route-controlled quantity of radioactive material, 
    as defined by the Secretary.

    (c) Applications.--A motor carrier shall file an application with 
the Secretary for a safety permit to provide transportation under this 
section. The Secretary may approve any part of the application or deny 
the application. The application shall be under oath and contain 
information the Secretary requires by regulation.
    (d) Amendments, Suspensions, and Revocations.--(1) After notice and 
an opportunity for a hearing, the Secretary may amend, suspend, or 
revoke a safety permit, as provided by procedures prescribed under 
subsection (e) of this section, when the Secretary decides the motor 
carrier is not complying with a requirement of this chapter, a 
regulation prescribed under this chapter, or an applicable United States 
motor carrier safety law or regulation or minimum financial 
responsibility law or regulation.
    (2) If the Secretary decides an imminent hazard exists, the 
Secretary may amend, suspend, or revoke a permit before scheduling a 
hearing.
    (e) Procedures.--The Secretary shall prescribe by regulation--
        (1) application procedures, including form, content, and fees 
    necessary to recover the complete cost of carrying out this section;
        (2) standards for deciding the duration, terms, and limitations 
    of a safety permit;
        (3) procedures to amend, suspend, or revoke a permit; and
        (4) other procedures the Secretary considers appropriate to 
    carry out this section.

    (f) Shipper Responsibility.--A person offering hazardous material 
for motor vehicle transportation in commerce may offer the material to a 
motor carrier only if the carrier has a safety permit issued under this 
section authorizing the transportation.
    (g) Conditions.--A motor carrier may provide transportation under a 
safety permit issued under this section only if the carrier complies 
with conditions the Secretary finds are required to protect public 
safety.
    (h) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section not later than November 16, 1991.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 767.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5109(a)...............................  49 App.:1805(d)(1), (2).         Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  106(d); added Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  8(a), 104
                                                                          Stat.
 3257; Oct. 24, 1992, Pub. L. 102-
                                                                          508, 
Sec.  503(a)(4), (5), (b), 106
                                                                          Stat.
 3311.
5109(b)...............................  49 App.:1805(d)(5).
5109(c)...............................  49 App.:1805(d)(7).
5109(d)...............................  49 App.:1805(d)(4).
5109(e)...............................  49 App.:1805(d)(6).
5109(f)...............................  49 App.:1805(d)(3).
5109(g)...............................  49 App.:1805(d)(8).
5109(h)...............................  49 App.:1805 (note).             Nov. 1
6, 1990, Pub. L. 101-615, Sec.
                                                                          8(b),
 104 Stat. 3258.
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---------------------------------

    In subsection (a), before clause (1), the words ``Except as provided 
in this subsection'' and ``used to provide such transportation'' are 
omitted as surplus.
    In subsection (b), before clause (1), the word ``all'' is omitted as 
surplus.
    In subsection (e)(2), the word ``conditions'' is omitted as being 
included in ``terms''.
    In subsection (h), the text of section 8(b) (words before semicolon 
of the Hazardous Materials Transportation Uniform Safety Act of 1990 
(Public Law 101-615, 104 Stat. 3258) is omitted as obsolete.

                  Section Referred to in Other Sections

    This section is referred to in section 5107 of this title.
