---
kind: "section"
citation: "49 U.S.C. § 5109"
title: "49"
title_heading: "Transportation"
number: "5109"
heading: "Motor carrier safety permits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5109"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §5109. Motor carrier safety permits

- (a) **Requirement.—** A motor [carrier](/usc/49/5901.md?p=3) may transport or cause to be transported by motor vehicle in [commerce](/usc/49/5102.md?p=1) [hazardous material](/usc/49/5102.md?p=2) only if the [carrier](/usc/49/5901.md?p=3) holds a safety permit the [Secretary](/usc/49/5102.md?p=11) 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](/usc/49/5102.md?p=11) shall issue a permit if the [Secretary](/usc/49/5102.md?p=11) finds the [carrier](/usc/49/5901.md?p=3) is fit, willing, and able—
  - (1) to provide the transportation to be authorized by the permit;
  - (2) to comply with this chapter and [regulations](/usc/49/5302.md?p=16) the [Secretary](/usc/49/5102.md?p=11) prescribes to carry out this chapter; and
  - (3) to comply with applicable [United States](/usc/49/5102.md?p=14) motor [carrier](/usc/49/5901.md?p=3) safety laws and [regulations](/usc/49/5302.md?p=16) and applicable minimum financial responsibility laws and [regulations](/usc/49/5302.md?p=16).
- (b) **Applicable Transportation.—** The [Secretary](/usc/49/5102.md?p=11) shall prescribe by [regulation](/usc/49/5302.md?p=16) the [hazardous material](/usc/49/5102.md?p=2) and amounts of [hazardous material](/usc/49/5102.md?p=2) to which this section applies. However, this section shall apply at least to transportation by a motor [carrier](/usc/49/5901.md?p=3), in amounts the [Secretary](/usc/49/5102.md?p=11) establishes, of—
  - (1) a class A or B explosive;
  - (2) liquefied natural gas;
  - (3) [hazardous material](/usc/49/5102.md?p=2) the [Secretary](/usc/49/5102.md?p=11) designates as extremely toxic by inhalation; and
  - (4) a highway-route-controlled quantity of radioactive material, as defined by the [Secretary](/usc/49/5102.md?p=11).
- (c) **Applications.—** A motor [carrier](/usc/49/5901.md?p=3) shall file an application with the [Secretary](/usc/49/5102.md?p=11) for a safety permit to provide transportation under this section. The [Secretary](/usc/49/5102.md?p=11) may approve any part of the application or deny the application. The application shall be under oath and contain information the [Secretary](/usc/49/5102.md?p=11) requires by [regulation](/usc/49/5302.md?p=16).
- (d) **Amendments, Suspensions, and Revocations.—**
  - (1) After notice and an opportunity for a hearing, the [Secretary](/usc/49/5102.md?p=11) may amend, suspend, or revoke a safety permit, as provided by procedures prescribed under [subsection (e)](#e) of this section, when the [Secretary](/usc/49/5102.md?p=11) decides the motor [carrier](/usc/49/5901.md?p=3) is not complying with a requirement of this chapter, a [regulation](/usc/49/5302.md?p=16) prescribed under this chapter, or an applicable [United States](/usc/49/5102.md?p=14) motor [carrier](/usc/49/5901.md?p=3) safety law or [regulation](/usc/49/5302.md?p=16) or minimum financial responsibility law or [regulation](/usc/49/5302.md?p=16).
  - (2) If the [Secretary](/usc/49/5102.md?p=11) decides an [imminent hazard](/usc/49/5102.md?p=5) exists, the [Secretary](/usc/49/5102.md?p=11) may amend, suspend, or revoke a permit before scheduling a hearing.
- (e) **Procedures.—** The [Secretary](/usc/49/5102.md?p=11) shall prescribe by [regulation](/usc/49/5302.md?p=16)—
  - (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](/usc/49/5102.md?p=11) considers appropriate to carry out this section.
- (f) **Shipper Responsibility.—** A person offering [hazardous material](/usc/49/5102.md?p=2) for motor vehicle transportation in [commerce](/usc/49/5102.md?p=1) may offer the material to a motor [carrier](/usc/49/5901.md?p=3) only if the [carrier](/usc/49/5901.md?p=3) has a safety permit issued under this section authorizing the transportation.
- (g) **Conditions.—** A motor [carrier](/usc/49/5901.md?p=3) may provide transportation under a safety permit issued under this section only if the [carrier](/usc/49/5901.md?p=3) complies with conditions the [Secretary](/usc/49/5102.md?p=11) finds are required to protect public safety.
- (h) **Limitation on Denial.—** The [Secretary](/usc/49/5102.md?p=11) may not deny a non-temporary permit held by a motor [carrier](/usc/49/5901.md?p=3) pursuant to this section based on a comprehensive review of that [carrier](/usc/49/5901.md?p=3) triggered by safety management system scores or out-of-service disqualification standards, unless—
  - (1) the [carrier](/usc/49/5901.md?p=3) has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the [carrier](/usc/49/5901.md?p=3) wishes the [Secretary](/usc/49/5102.md?p=11) to consider, including a corrective action plan; and
  - (2) the [Secretary](/usc/49/5102.md?p=11) determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.

## 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; Pub. L. 114–94, div. A, title VII, § 7202, Dec. 4, 2015, 129 Stat. 1589.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.

### Editorial Notes

### Amendments

2015—Subsec. (h). Pub. L. 114–94 amended subsec. (h) generally. Prior to amendment, text read as follows: “The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991.”

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

### Motor Carrier Safety Permits

Pub. L. 112–141, div. C, title III, § 33014, July 6, 2012, 126 Stat. 840, provided that: Review.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. 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— the list of hazardous materials requiring a safety permit; 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; the reasons for such denials, revocations, or suspensions; 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 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. 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.”