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49 U.S.C. § 5124 — Criminal penalty

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5124 — Criminal penalty

**(a) In General.—** A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. **(b) Knowing Violations.—** For purposes of this section— (1) a person acts knowingly when— (A) the person has actual knowledge of the facts giving rise to the violation; or (B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section. **(c) Willful Violations.—** For purposes of this section, a person acts willfully when— (1) the person has knowledge of the facts giving rise to the violation; and (2) the person has knowledge that the conduct was unlawful. **(d) Reckless Violations.—** For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.

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Source location: Title 49, Chapter 51, § 5124; chapter-051-transportation-of-hazardous-material.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5122 — Enforcement

**(a) General.—** At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123. **(b) Imminent Hazards.—** (1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States— (A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or (B) to eliminate or mitigate the hazard. (2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection. **(c) Withholding of Clearance.—** (1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under [section 5123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5123&num=0&edition=prelim) or for a fine under [section 5124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5124&num=0&edition=prelim), or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5124 — Criminal penalty

Page 228 TITLE 49—TRANSPORTATION § 5124 tions described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after the date of enactment of this Act [Aug. 10, 2005].’’ § 5124. Criminal penalty (a) IN GENERAL.—A person knowingly vio- lating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation in- volves the release of a hazardous material that results in death or bodily injury to any person. (b) KNOWING VIOLATIONS.—For purposes of this section— (1) a person acts knowingly when— (A) the person has actual knowledge of the facts giving rise to the violation; or (B) a reasonable person acting in the cir- cumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement re- quired by the Secretary, is not an element of an offense under this section. (c) WILLFUL VIOLATIONS.—For purposes of this section, a person acts willfully when— (1) the person has knowledge of the facts giv- ing rise to the violation; and (2) the person has knowledge that the con- duct was unlawful. (d) RECKLESS VIOLATIONS.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or con- scious disregard to the consequences of that per- son’s conduct. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119 Stat. 1906.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S.

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