Title 49 — Transportation
Chapter 51 — Transportation of Hazardous Material
§ 5126. Relationship to other laws
Statutory text
Contracts.—
A person under contract with a department, agency, or instrumentality of the United States Government that transports hazardous material, or causes hazardous material to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented as qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a requirement preempted by a law of the United States) in the same way and to the same extent that any person engaging in that transportation, designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing that is in or affects commerce must comply with the provision, regulation, order, or requirement.
Nonapplication.—
This chapter does not apply to—
a pipeline subject to regulation under chapter 601 of this title; or
any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5126
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Pub. L. 103–311 title I § 117(a)(2) · 108 Stat. 1673
Substituted · 49 U.S.C. § 5126(a)
Pub. L. 103–311 substituted “a packaging or a” for “a package or”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.Enacted provision · exact public law section
(2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A), 5125(b)(1)(E), and 5126(a) are each amended by striking “a package or” and inserting “a packaging or a”.Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7124(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5126(a)
Pub. L. 109–59, § 7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59, § 7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.Enacted provision · exact public law section
(4) by striking “manufacturing,” and all that follows through “testing” and inserting “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing”.Effective date note
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7124(3) · 119 Stat. 1144
Amended · 49 U.S.C. § 5126(a)
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244
Substituted · 49 U.S.C. § 5126(a)
Pub. L. 109–59, § 7124(3), as substituted “shall comply with this chapter” for “must comply with this chapter”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244, substituted “shall comply with this chapter” for “must comply with this chapter”.Enacted provision · exact public law section
(3) by striking “must” and inserting “shall”; andEffective date note
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7124(1) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5126(a)
Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,”
Substituted · 49 U.S.C. § 5126(a)
Pub. L. 109–59, § 7124(1), (2), substituted “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”.Enacted provision · exact public law section
(1) by striking “or causes to be transported hazardous material,” and inserting “hazardous material, or causes hazardous material to be transported,”;Effective date note
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 title III § 302(d) · 122 Stat. 1572
Amended · 49 U.S.C. § 5126(a)
Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below.Enacted provision · exact public law section
(d) Relationship to Other Laws.— Section 7124(3) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1908) is 49 USC 5126. amended by inserting “the first place it appears” before “and inserting”.Effective date note
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
8 of 8 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 5126(a) | 49 App.:1818. | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 120; added Nov. 16, 1990, Pub. L. 101–615, § 20, 104 Stat. 3270. |
| 5126(b) | 49 App.:1811(f). | Jan. 3, 1975, Pub. L. 93–633, § 112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3260. |
In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.
Editorial Notes
Amendments1994–2008 · 3 rounds
2008
Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below.
2005
Subsec. (a). Pub. L. 109–59, § 7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244, substituted “shall comply with this chapter” for “must comply with this chapter”.
Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”.
1994
Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 () and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before , that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.