49 U.S.C. § 5106
Section 5106 · Handling criteria
Amended 2 times on record
Applied in 3 court decisions — leading case 205 Wis. 2d 494 - AMERICAN TRUCKING ASS'N v. State (1996)
Most recently applied in 37 Misc. 3d 9 - People v. Gaugh (June 2012)
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
Editorial notes U.S. Code · Office of the Law Revision Counsel
SectionSource (U.S. Code)Source (Statutes at Large) 5106 49 App.:1805(a). Jan. 3, 1975, Pub. L. 93–633, §106(a), 88 Stat. 2157. Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
Amendments
2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.