TITLE 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL
HEAD
Sec. 5124. Criminal penalty
STATUTE
(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.
SOURCE
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781; Pub. L.
109-59, title VII, Sec. 7121, Aug. 10, 2005, 119 Stat. 1906.)
HISTORICAL AND REVISION NOTES --------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
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5124 49 App.:1809(b). Jan. 3, 1975, Pub. L.
93-633, Sec. 110(b), 88
Stat. 2161; restated Nov.
16, 1990, Pub. L. 101-615,
Sec. 12(b), 104 Stat. 3259.
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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."
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