§ 5109. — Motor carrier safety permits.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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)
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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. 16, 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.
