(a) Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after October 17, 1986 , or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49. (b) A common or contract carrier shall be liable under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under chapter 51 of title 49, or for substances listed pursuant to subsection (a) of this section, prior to the effective date of such listing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released. ( Pub. L. 96–510, title III, § 306(a) , (b), Dec. 11, 1980 , 94 Stat. 2810 ; Pub. L. 99–499, title II, § 202 , Oct. 17, 1986 , 100 Stat. 1695 .) Editorial Notes Codification In subsecs. (a) and (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b) , July 5, 1994 , 108 Stat. 1378 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Amendments 1986—Subsec. (a). Pub. L. 99–499, § 202(a) , substituted “within 30 days after October 17, 1986 ” for “within ninety days after December 11, 1980 ” and inserted “and regulated” before “as a hazardous material”. Subsec. (b). Pub. L. 99–499, § 202(b) , inserted “and regulation” after “prior to the effective date of the listing”. CFR Title Parts 40 3 , 9 , 300 , 451