Skip to content
LexBuild

49 USC § 5126 - Relationship to other laws

---
identifier: "/us/usc/t49/s5126"
source: "usc"
legal_status: "official_legal_evidence"
title: "49 USC § 5126 - Relationship to other laws"
title_number: 49
title_name: "TRANSPORTATION"
section_number: "5126"
section_name: "Relationship to other laws"
chapter_number: 51
chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, § 7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, § 302(d), June 6, 2008, 122 Stat. 1618.)"
---

# § 5126. Relationship to other laws

**(a)** **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.

**(b)** **Nonapplication.—** This chapter does not apply to—

**(1)** a pipeline subject to regulation under chapter 601 of this title; or

**(2)** any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.

---

**Source Credit**: (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, § 7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, § 302(d), June 6, 2008, 122 Stat. 1618.)

| 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

### Amendments

2008—Subsec. (a).  amended . See 2005 Amendment note below.

2005—Subsec. (a). , substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.

, as amended by , substituted “shall comply with this chapter” for “must comply with this chapter”.

, (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).  substituted “a packaging or a” for “a package or”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by  effective as of the date of enactment of  () and to be treated as included in  as of that date, and provisions of , as in effect on the day before , that are amended by  to be treated as not enacted, see , set out as a note under , Highways.