2013 US Code
Title 49 - Transportation
Subtitle III - GENERAL AND INTERMODAL PROGRAMS (§§ 5101 - 6313)
Chapter 51 - TRANSPORTATION OF HAZARDOUS MATERIAL (§§ 5101 - 5128)
Section 5109 - Motor carrier safety permits
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL Sec. 5109 - Motor carrier safety permits |
Contains | section 5109 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 88 Stat. 2156 104 Stat. 3257, 3258 106 Stat. 3311 108 Stat. 767 119 Stat. 1909 126 Stat. 840 |
Public Law References | Public Law 93-633, Public Law 101-615, Public Law 102-508, Public Law 103-272, Public Law 109-59, Public Law 112-141 |
Download PDF
(a)
(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)
(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)
(d)
(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
(e)
(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)
(g)
(h)
(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.)
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.
AMENDMENTS2005—Subsec. (a). Pub. L. 109–59 substituted "Secretary issues" for "Secretary of Transportation issues" in introductory provisions.
MOTOR CARRIER SAFETY PERMITSPub. L. 112–141, div. C, title III, §33014, July 6, 2012, 126 Stat. 840, provided that:
"(a)
"(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)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.