§5124 — Title 49 Transportation | U.S. Code

Summary

Knowingly breaking certain safety rules under this chapter, or willfully or recklessly violating its regulations, orders, special permits, or approvals, can lead to a fine under Title 18, prison for up to 5 years, or both. If the violation causes a release of hazardous material that results in death or bodily injury, prison can be up to 10 years. Knowingly means you actually knew the facts or a reasonable person in the same situation would have known them. You do not have to know that a particular law, regulation, or a requirement set by the Secretary exists to be guilty. Willfully means you knew the facts and knew the conduct was illegal. Recklessly means you showed deliberate indifference or consciously ignored the likely consequences.

Title 49, §5124

Transportation — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 512449 App.:1809(b).Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.

Editorial Notes

Amendments

2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”

§5124 Criminal Penalty