§ 46312. Transporting hazardous material
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/usc/title-49/section-46312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
In this section, before clause (1), the words “is guilty of an offense”, “Upon conviction”, and “for each offense” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $25,000” for consistency with title 18. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. In clause (1), the words “shipment, baggage, or other” are omitted as surplus.
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- Pub. L. 103–272, § 1(e)
- 108 Stat. 1239
- Pub. L. 106–181, title V, § 507
- 114 Stat. 140
- Pub. L. 109–59, title VII, § 7128(a)
- 119 Stat. 1909
- Pub. L. 109–59, § 7128(a)(1)
- Pub. L. 109–59, § 7128(a)(2)
- Pub. L. 106–181
- section 3 of Pub. L. 106–181
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§ 46312
Transporting hazardous material
Fed. Reg.×11
C.F.R.×1
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1239
Pub. L.Pub. L. 106–181, title V, § 507
Stat.114 Stat. 140
Pub. L.Pub. L. 109–59, title VII, § 7128(a)
Cites 11 · showing 6Cited by 12 across 2 sources