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49 U.S.C. § 5122 — Enforcement

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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Source file: Laws/federal/codes/united-states-code/title-49/section-5122-enforcement--331622c9a3.md
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Source location: Title 49, Chapter 51, § 5122; chapter-051-transportation-of-hazardous-material.md

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

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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

49 U.S.C. § 5123 — Civil penalty

**(a) Penalty.—** (1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of not more than $75,000 for each violation. 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. (2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000. (3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450. (4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues. **(b) Hearing Requirement.—** The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. **(c) Penalty Considerations.—** In determining the amount of a civil penalty under this section, the Secretary shall consider— (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other ma

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

49 U.S.C. § 5122 — Enforcement

Page 225 TITLE 49—TRANSPORTATION § 5122 and effectiveness of using paperless hazard communica- tions systems. At least 1 of the pilot projects under this section shall take place in a rural area. ‘‘(b) REQUIREMENTS.—In conducting pilot projects under this section, the Secretary— ‘‘(1) may not waive the requirements under section 5110 of title 49, United States Code; and ‘‘(2) shall consult with organizations representing— ‘‘(A) fire services personnel; ‘‘(B) law enforcement and other appropriate en- forcement personnel; ‘‘(C) other emergency response providers; ‘‘(D) persons who offer hazardous material for transportation; ‘‘(E) persons who transport hazardous material by air, highway, rail, and water; and ‘‘(F) employees of persons who transport or offer for transportation hazardous material by air, high- way, rail, and water. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall— ‘‘(1) prepare a report on the results of the pilot projects carried out under this section, including— ‘‘(A) a detailed description of the pilot projects; ‘‘(B) an evaluation of each pilot project, including an evaluation of the performance of each paperless hazard communications system in such project; ‘‘(C) an assessment of the safety and security im- pact of using paperless hazard communications sys- tems, including any impact on the public, emer- gency response, law enforcement, and the conduct of inspections and investigations; ‘‘(D) an analysis of the associated benefits and costs of using the paperless hazard communications systems for each mode of transportation; and

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