49 U.S.C. § 5109 : US Code - Section 5109: Motor carrier safety permits

Search 49 U.S.C. § 5109 : US Code - Section 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.