49 USC 5123: Civil penalty
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49 USC 5123: Civil penalty Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE III-GENERAL AND INTERMODAL PROGRAMSCHAPTER 51-TRANSPORTATION OF HAZARDOUS MATERIAL
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§5123. Civil penalty

(a) Penalty.-(1) A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation. 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.


(2) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.

(b) Hearing Requirement.-The Secretary of Transportation may find that a person has violated this chapter or a regulation prescribed under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty.

(c) Penalty Considerations.-In determining the amount of a civil penalty under this section, the Secretary shall consider-

(1) the nature, circumstances, extent, and gravity of the violation;

(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and

(3) other matters that justice requires.


(d) Civil Actions To Collect.-The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section.

(e) Compromise.-The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.

(f) Setoff.-The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.

(g) Depositing Amounts Collected.-Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5123(a)(1) 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence). Jan. 3, 1975, Pub. L. 93–633, §110(a)(1), 88 Stat. 2160 ; Nov. 16, 1990, Pub. L. 101–615, §12(a)(1), 104 Stat. 3259 .
  49 App.:1809(a)(3). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156 , §110(a)(3); added Nov. 16, 1990, Pub. L. 101–615, §12(a)(2), 104 Stat. 3259 .
5123(a)(2) 49 App.:1809(a)(1) (2d sentence words after 4th comma).
5123(b) 49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence).
5123(c) 49 App.:1809(a)(1) (last sentence).
5123(d), (e) 49 App.:1809(a)(2) (1st sentence). Jan. 3, 1975, Pub. L. 93–633, §110(a)(2), 88 Stat. 2160 .
5123(f) 49 App.:1809(a)(2) (2d sentence).
5123(g) 49 App.:1809(a)(2) (last sentence).

In subsection (a)(1), before clause (1), the words "A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation" are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.

In subsection (b), the word "impose" is substituted for "assessed" for consistency.

In subsection (c)(2), the words "the violator" are substituted for "the person found to have committed such violation" to eliminate unnecessary words.

In subsection (f), the words "imposed or compromised" are substituted for "of such penalty, when finally determined (or agreed upon in compromise)" to eliminate unnecessary words and for consistency. The words "liable for the penalty" are substituted for "charged" for clarity.

Section Referred to in Other Sections

This section is referred to in sections 5102, 5711 of this title.