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49 U.S.C. § 46312Transporting hazardous material

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

Sending hazardous material by plane against safety rules is a crime. Willful violations mean up to 5 years in prison. Not knowing the rule existed doesn't excuse it, but can lower the penalty.

(a) In General. A person is fined under title 18, imprisoned up to 5 years, or both, if — in violation of a Secretary of Transportation rule or requirement on hazardous material transport under this part or chapter 51 — they (1) willfully deliver, or cause to be delivered, hazardous material to an air carrier or aircraft operator for air transport; or (2) recklessly cause that property to be transported in air commerce. (b) Knowledge of Regulations. Whether the person knew the rule or requirement existed is not something the government has to prove to convict them under this section. But the court must weigh that lack of knowledge when deciding on the penalty.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 106–181, title V, § 507, Apr. 5, 2000, 114 Stat. 140; Pub. L. 109–59, title VII, § 7128(a), Aug. 10, 2005, 119 Stat. 1909.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1239
  • 2000Amended · Pub. L. 106-181 · 114 Stat. 140
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1909

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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