Note when the United States Government states, “A person knowingly”, what they are stating is that ignorance is not an excuse. The rules and regulations are in print and therefore if you are in the business of manufacturing, shipping, transporting or forwarding such goods you should know your business.

 

§ 107.329   Maximum penalties.

(a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $75,000 for each violation, except the maximum civil penalty is $175,000 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $450 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense.

(b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $75,000 for each violation, except the maximum civil penalty is $175,000 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $450 for violations relating to training.

[78 FR 22800, Apr. 17, 2013]Criminal violations:

A person who knowingly violates §171.2(l) of this title or willfully or recklessly violates a requirement of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material which results in death or bodily injury to any person.

The key here is “willfully or recklessly violates”. In other words they knew it was wrong and they intentionally did something illegal anyway. This is very rare that someone willfully violates the law knowing that they could injure, kill or damage valuable property and or the environment but when it does happen and they are caught, they are going to jail.

PLEASE SEE THE 49CFR PART 107 FOR A COMPLETE LIST AND ALSO GUIDELINES ON HOW PENALTIES ARE ISSUED. REMEMBER THAT THIS IS JUST THE UNITED STATES GOVERNMENT GUIDELINES AND THAT OTHER COUNTRIES CAN ISSUE PENALTIES IF ORIGINATING OR TRANSITING TO, FROM OR THROUGH THAT COUNTRY.