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49 U.S.C. § 60123Criminal penalties

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 370 words · no verdicts yet

in plain englishAI-generated · not legal advice

Knowingly violating key pipeline safety rules can bring a fine and up to 5 years in prison. Deliberately destroying an interstate pipeline can bring up to 20 years in prison, or life if someone dies. Skipping the one-call system before digging, then damaging a pipeline, can also mean up to 5 years.

(a) General Penalty. Someone who knowingly and willfully violates section 60114(b), 60118(a), or 60128, or a regulation or order under this chapter, can be fined under title 18, imprisoned up to 5 years, or both. (b) Penalty for Damaging or Destroying Facility. Someone who knowingly and willfully damages or destroys an interstate gas or hazardous liquid pipeline facility — or an intrastate one used in or affecting interstate or foreign commerce — or who tries or conspires to do so, can be fined under title 18, imprisoned up to 20 years, or both. If someone dies as a result, the prison term can be any number of years, including life. (c) Penalty for Damaging or Destroying Sign. Someone who knowingly and willfully defaces, damages, removes, or destroys a required pipeline sign or right-of-way marker can be fined under title 18, imprisoned up to 1 year, or both. (d) Penalty for Not Using One-Call Notification System or Not Heeding Location Information or Markings. Someone can be fined under title 18 and imprisoned up to 5 years, or both, if that person: (1) knowingly and willfully digs (A) without first calling the local one-call system to find out where underground lines are, or (B) without paying attention to the location information or markings the pipeline operator provided; and (2) as a result, damages: (A) a pipeline facility, causing death, serious injury, or over $50,000 in property damage; (B) a pipeline facility, and knows or should know about the damage but does not promptly report it to the operator and other authorities; or (C) a hazardous liquid pipeline facility, causing a release of more than 50 barrels of product. If the violator promptly reports the damage, the penalty under this subsection may be reduced.
the actual law source: uscode.house.gov ↗public domain
(a)General Penalty.—

A person knowingly and willfully violating section 60114(b), 60118(a), or 60128 of this title 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.

(b)Penalty for Damaging or Destroying Facility.—

A person knowingly and willfully damaging or destroying an interstate gas pipeline facility, an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

(c)Penalty for Damaging or Destroying Sign.—

A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both.

(d)Penalty for Not Using One-Call Notification System or Not Heeding Location Information or Markings.—

A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—

(1)

knowingly and willfully engages in an excavation activity—

(A)

without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or

(B)

without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and

(2)

subsequently damages—

(A)

a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;

(B)

a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or

(C)

a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.

Penalties under this subsection may be reduced in the case of a violation that is promptly reported by the violator.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§ 14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§ 810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§ 3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1325
  • 1996Amended · Pub. L. 104-304 · 110 Stat. 3803, 3804
  • 2001Amended · Pub. L. 107-56 · 115 Stat. 381, 382
  • 2002Amended · Pub. L. 107-355 · 116 Stat. 2986, 2994, 3010

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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