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49 U.S.C. § 5110 — Shipping papers and disclosure
Federal law — U.S. Code and appendices · legal_authorities
**(a) Providing Shipping Papers.—** Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.
**(b) Keeping Shipping Papers on the Vehicle.—**
(1) A motor carrier, and the person offering the hazardous material for transportation if a private motor carrier, shall keep the shipping paper on the vehicle transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
**(c) Disclosure to Emergency Response Authorities.—** When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.
**(d) Retention of Papers.—**
(1) **Offerors.—** — The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of business.
(2) **Carriers.—** — The carrier req
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5110
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Source location: Title 49, Chapter 51, § 5110; chapter-051-transportation-of-hazardous-material.md
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**(a) Providing Shipping Papers.—** Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.
**(b) Keeping Shipping Papers on the Vehicle.—**
(1) A motor carrier, and the person offering the hazardous material for transportation if a private motor carrier, shall keep the shipping paper on the vehicle transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
**(c) Disclosure to Emergency Response Authorities.—** When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.
**(d) Retention of Papers.—**
(1) **Offerors.—** — The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of business.
(2) **Carriers.—** — The carrier required to keep the shipping paper under this section,11 So in original. Comma probably should not appear. shall retain the paper, or an electronic format of it, for a period of 1 year after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the carrier’s principal place of business.
(3) **Availability to government agencies.—** — Any person required to keep a shipping paper under this subsection shall, upon request, make it available to a Federal, State, or local government agency at reasonable times and locations.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter.
**(b) Records, Reports, and Information.—** A person subject to this chapter shall—
(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
**(c) Inspections and Investigations.—**
(1) **In general.—** — A designated officer, employee, or agent of the Secretary—
(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);
(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—
(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
(ii)
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
Page 207
TITLE 49—TRANSPORTATION
§ 5110
under this section only if the carrier complies
with conditions the Secretary finds are required
to protect public safety.
(h) LIMITATION ON DENIAL.—The Secretary may
not deny a non-temporary permit held by a
motor carrier pursuant to this section based on
a comprehensive review of that carrier triggered
by safety management system scores or out-of-
service disqualification standards, unless—
(1) the carrier has the opportunity, prior to
the denial of such permit, to submit a written
description of corrective actions taken and
other documentation the carrier wishes the
Secretary to consider, including a corrective
action plan; and
(2) the Secretary determines the actions or
plan is insufficient to address the safety con-
cerns identified during the course of the com-
prehensive review.
(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.)
HISTORICAL AND REVISION NOTES
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
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5110
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