PRIA, Government Policy, Made Personal

Summary

You can be fined under Title 18 of the U.S. Code, jailed for up to 5 years, or both if you break federal rules about moving hazardous materials set by the Secretary of Transportation and either intentionally give hazardous items to an air carrier or aircraft operator for air transport, or recklessly cause those items to be flown. Not knowing about the rule is not enough to avoid conviction, but it can be used to reduce the punishment.

Title 49, §46312

Transportation, Source: USLM XML via OLRC

(a)In General.—

A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, in violation of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary of Transportation under this part or chapter 51—

(1)willfully delivers, or causes to be delivered, property containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or

(2)recklessly causes the transportation in air commerce of the property.

(b)Knowledge of Regulations.—

For purposes of subsection (a), knowledge by the person of the existence of a regulation or requirement related to the transportation of hazardous material prescribed by the Secretary under this part or chapter 51 is not an element of an offense under this section but shall be considered in mitigation of the penalty.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4631249 App.:1472(h)(2).Aug. 23, 1958, Pub. L. 85–726, § 902(h)(2), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, § 113(c), 88 Stat. 2162. In this section, before clause (1), the words “is guilty of an offense”, “Upon conviction”, and “for each offense” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $25,000” for consistency with title 18. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. In clause (1), the words “shipment, baggage, or other” are omitted as surplus.

Editorial Notes

Amendments

2005—Subsec. (a). Pub. L. 109–59, § 7128(a)(1), substituted “this part or chapter 51—” for “this part—” in introductory provisions. Subsec. (b). Pub. L. 109–59, § 7128(a)(2), inserted “or chapter 51” after “under this part”. 2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

§46312 Transporting Hazardous Material