49 U.S. Code § 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 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.

Source

(Pub. L. 103–272, § 1(d),July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, § 7126,Aug. 10, 2005, 119 Stat. 1909.)

Historical and Revision Notes
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, § 106(d); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, § 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. 16, 1990, Pub. L. 101–615, § 8(b), 104 Stat. 3258.

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.
Amendments

2005—Subsec. (a). Pub. L. 109–59substituted “Secretary issues” for “Secretary of Transportation issues” in introductory provisions.
Motor Carrier Safety Permits

Pub. L. 112–141, div. C, title III, § 33014,July 6, 2012, 126 Stat. 840, provided that:
“(a) Review.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) ofPub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on, the implementation of the hazardous material safety permit program under section 5109 of title 49, United States Code. In conducting the study, the Secretary shall review, at a minimum—
“(1) the list of hazardous materials requiring a safety permit;
“(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program;
“(3) the reasons for such denials, revocations, or suspensions;
“(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and
“(5) actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit.
“(b) Actions Taken.—Not later than 2 years after the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the hazardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not necessary.”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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49 CFR - Transportation

49 CFR Part 105 - HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

49 CFR Part 106 - RULEMAKING PROCEDURES

49 CFR Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES

49 CFR Part 109 - DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS PROCEDURAL REGULATIONS FOR OPENING OF PACKAGES, EMERGENCY ORDERS, AND EMERGENCY RECALLS

49 CFR Part 110 - HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS

49 CFR Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

49 CFR Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS

49 CFR Part 173 - SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

49 CFR Part 174 - CARRIAGE BY RAIL

49 CFR Part 175 - CARRIAGE BY AIRCRAFT

49 CFR Part 176 - CARRIAGE BY VESSEL

49 CFR Part 177 - CARRIAGE BY PUBLIC HIGHWAY

49 CFR Part 178 - SPECIFICATIONS FOR PACKAGINGS

49 CFR Part 179 - SPECIFICATIONS FOR TANK CARS

49 CFR Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

49 CFR Part 385 - SAFETY FITNESS PROCEDURES

 

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