---
kind: "section"
citation: "49 U.S.C. § 5112"
title: "49"
title_heading: "Transportation"
number: "5112"
heading: "Highway routing of hazardous material"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5112"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §5112. Highway routing of hazardous material

- (a) **Application.—**
  - (1) This section applies to a motor vehicle only if the vehicle is transporting [hazardous material](/usc/49/5102.md?p=2) in [commerce](/usc/49/5102.md?p=1) for which placarding of the vehicle is required under [regulations](/usc/49/5302.md?p=16) prescribed under this chapter. However, the [Secretary](/usc/49/5102.md?p=11) by [regulation](/usc/49/5302.md?p=16) may extend application of this section or a standard prescribed under [subsection (b)](#b) of this section to—
    - (A) any use of a vehicle under this paragraph to transport any [hazardous material](/usc/49/5102.md?p=2) in [commerce](/usc/49/5102.md?p=1); and
    - (B) any motor vehicle used to transport [hazardous material](/usc/49/5102.md?p=2) in [commerce](/usc/49/5102.md?p=1).
  - (2) Except as provided by [subsection (d)](#d) of this section and [section 5125(c) of this title](/usc/49/5125.md?p=c), each [State](/usc/49/5102.md?p=12) and Indian tribe may establish, maintain, and enforce—
    - (A) designations of specific highway routes over which [hazardous material](/usc/49/5102.md?p=2) may and may not be transported by motor vehicle; and
    - (B) limitations and requirements related to highway routing.
- (b) **Standards for States and Indian Tribes.—**
  - (1) The [Secretary](/usc/49/5102.md?p=11), in consultation with the [States](/usc/49/5102.md?p=12), shall prescribe by [regulation](/usc/49/5302.md?p=16) standards for [States](/usc/49/5102.md?p=12) and Indian tribes to use in carrying out [subsection (a)](#a) of this section. The standards shall include—
    - (A) a requirement that a highway routing designation, limitation, or requirement of a [State](/usc/49/5102.md?p=12) or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the [State](/usc/49/5102.md?p=12) or tribe and in areas of the [United States](/usc/49/5102.md?p=14) not subject to the jurisdiction of the [State](/usc/49/5102.md?p=12) or tribe and directly affected by the designation, limitation, or requirement;
    - (B) minimum procedural requirements to ensure public participation when the [State](/usc/49/5102.md?p=12) or Indian tribe is establishing a highway routing designation, limitation, or requirement;
    - (C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a [State](/usc/49/5102.md?p=12) or Indian tribe consult with appropriate [State](/usc/49/5102.md?p=12), local, and tribal officials having jurisdiction over areas of the [United States](/usc/49/5102.md?p=14) not subject to the jurisdiction of that [State](/usc/49/5102.md?p=12) or tribe establishing the designation, limitation, or requirement and with affected industries;
    - (D) a requirement that a highway routing designation, limitation, or requirement of a [State](/usc/49/5102.md?p=12) or Indian tribe shall ensure through highway routing for the transportation of [hazardous material](/usc/49/5102.md?p=2) between adjacent areas;
    - (E) a requirement that a highway routing designation, limitation, or requirement of one [State](/usc/49/5102.md?p=12) or Indian tribe affecting the transportation of [hazardous material](/usc/49/5102.md?p=2) in another [State](/usc/49/5102.md?p=12) or tribe may be established, maintained, and enforced by the [State](/usc/49/5102.md?p=12) or tribe establishing the designation, limitation, or requirement only if—
      - (i) the designation, limitation, or requirement is agreed to by the other [State](/usc/49/5102.md?p=12) or tribe within a reasonable period or is approved by the [Secretary](/usc/49/5102.md?p=11) under [subsection (d)](#d) of this section; and
      - (ii) the designation, limitation, or requirement is not an unreasonable burden on [commerce](/usc/49/5102.md?p=1);
    - (F) a requirement that establishing a highway routing designation, limitation, or requirement of a [State](/usc/49/5102.md?p=12) or Indian tribe be completed in a timely way;
    - (G) a requirement that a highway routing designation, limitation, or requirement of a [State](/usc/49/5102.md?p=12) or Indian tribe provide reasonable routes for motor vehicles transporting [hazardous material](/usc/49/5102.md?p=2) to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload [hazardous material](/usc/49/5102.md?p=2);
    - (H) a requirement that a [State](/usc/49/5102.md?p=12) be responsible—
      - (i) for ensuring that political subdivisions of the [State](/usc/49/5102.md?p=12) comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
      - (ii) for resolving a dispute between political subdivisions; and
    - (I) a requirement that, in carrying out [subsection (a)](#a) of this section, a [State](/usc/49/5102.md?p=12) or Indian tribe shall consider—
      - (i) population densities;
      - (ii) the types of highways;
      - (iii) the types and amounts of [hazardous material](/usc/49/5102.md?p=2);
      - (iv) emergency response capabilities;
      - (v) the results of consulting with affected persons;
      - (vi) exposure and other risk factors;
      - (vii) terrain considerations;
      - (viii) the continuity of routes;
      - (ix) alternative routes;
      - (x) the effects on [commerce](/usc/49/5102.md?p=1);
      - (xi) delays in transportation; and
      - (xii) other factors the [Secretary](/usc/49/5102.md?p=11) considers appropriate.
  - (2) The [Secretary](/usc/49/5102.md?p=11) may not assign a specific weight that a [State](/usc/49/5102.md?p=12) or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
- (c) **List of Route Designations.—**
  - (1) **In general.—** In coordination with the [States](/usc/49/5102.md?p=12), the [Secretary](/usc/49/5102.md?p=11) shall update and publish periodically a list of currently effective [hazardous material](/usc/49/5102.md?p=2) highway route designations.
  - (2) **State responsibilities.—**
    - (A) **In general.—** Each [State](/usc/49/5102.md?p=12) shall submit to the [Secretary](/usc/49/5102.md?p=11), in a form and manner to be determined by the [Secretary](/usc/49/5102.md?p=11) and in accordance with [subparagraph (B)](#c-2-B)—
      - (i) the name of the [State](/usc/49/5102.md?p=12) agency responsible for [hazardous material](/usc/49/5102.md?p=2) highway route designations; and
      - (ii) a list of the [State](/usc/49/5102.md?p=12)’s currently effective [hazardous material](/usc/49/5102.md?p=2) highway route designations.
    - (B) **Frequency.—** Each [State](/usc/49/5102.md?p=12) shall submit the information described in [subparagraph (A)(ii)](#c-2-A-ii)—
      - (i) at least once every 2 years; and
      - (ii) not later than 60 days after a [hazardous material](/usc/49/5102.md?p=2) highway route designation is established, amended, or discontinued.
- (d) **Dispute Resolution.—**
  - (1) The [Secretary](/usc/49/5102.md?p=11) shall prescribe [regulations](/usc/49/5302.md?p=16) for resolving a dispute related to through highway routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among [States](/usc/49/5102.md?p=12), political subdivisions of different [States](/usc/49/5102.md?p=12), or Indian tribes.
  - (2) A [State](/usc/49/5102.md?p=12) or Indian tribe involved in a dispute under this subsection may petition the [Secretary](/usc/49/5102.md?p=11) to resolve the dispute. The [Secretary](/usc/49/5102.md?p=11) shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on [commerce](/usc/49/5102.md?p=1) and shall ensure compliance with standards prescribed under [subsection (b)](#b) of this section.
  - (3)
    - (A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of—
      - (i) the day the [Secretary](/usc/49/5102.md?p=11) issues a final decision; or
      - (ii) the last day of the one-year period beginning on the day the [Secretary](/usc/49/5102.md?p=11) receives the petition.
    - (B) A [State](/usc/49/5102.md?p=12) or Indian tribe adversely affected by a decision of the [Secretary](/usc/49/5102.md?p=11) under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the [United States](/usc/49/5102.md?p=14) not later than 89 days after the day the decision becomes final.
- (e) **Relationship to Other Laws.—** This section and [regulations](/usc/49/5302.md?p=16) prescribed under this section do not affect sections [31111](/usc/49/31111.md) and [31113](/usc/49/31113.md) of this title or [section 127 of title 23](/usc/23/127.md).
- (f) **Existing Radioactive Material Routing Regulations.—** The [Secretary](/usc/49/5102.md?p=11) is not required to amend or again prescribe [regulations](/usc/49/5302.md?p=16) related to highway routing designations over which radioactive material may and may not be transported by motor vehicles, and limitations and requirements related to the routing, that were in effect on November 16, 1990.

## Source credit

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 112–141, div. C, title III, § 33013(a), July 6, 2012, 126 Stat. 839.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5112(a)(1) | 49 App.:1804(b)(7). | Jan. 3, 1975, Pub. L. 93–633, § 105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3248, 3251. |
| 5112(a)(2) | 49 App.:1804(b)(1). |  |
| 5112(b)(1) | 49 App.:1804(b)(2), (3). |  |
| 5112(b)(2) | 49 App.:1804(b)(9). |  |
| 5112(c) | 49 App.:1804(c). |  |
| 5112(d) | 49 App.:1804(b)(5). |  |
| 5112(e) | 49 App.:1804(b)(6). |  |
| 5112(f) | 49 App.:1804(b)(8). |  |

In subsection (a)(1), the words “in the area which is subject to the jurisdiction of such State or Indian tribe” are omitted as surplus.

In subsection (b)(1), before clause (A), the words “Not later than 18 months after November 16, 1990” are omitted as obsolete. In clause (H)(i), the words “prescribed under this subsection” are added for clarity.

In subsection (d)(1), the words “within 18 months of November 16, 1990” are omitted as obsolete. The words “over a matter” are omitted as surplus.

In subsection (d)(3), the word “civil” is added for consistency in the revised title and with other titles of the United States Code.

In subsection (e), the words “superseding or otherwise”, “application of”, “relating to vehicle weight limitations”, and “relating to vehicle length and vehicle width limitations, respectively” are omitted as surplus.

In subsection (f), the word “modify” is omitted as surplus and for consistency in the revised title. The words “issued by the Department of Transportation before November 16, 1990, and” are omitted as obsolete.

### Editorial Notes

### Amendments

2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2).

2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

### Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons

Pub. L. 103–311, title I, § 121, Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency planning agencies to carry out such evacuation.