Changes To Penalties For Knowing Violation To Hazardous Material Shipping Rules

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.

In "Moving Ahead for Progress in the 21st Century Act" (MAP-21), Congress revised the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. These changes to the civil penalty amounts apply to violations occurring on or after October 1, 2012. In response, PHMSA is revising  the maximum and minimum civil penalty amounts in its regulations  as follows:

• Revising the maximum civil penalty from $55,000 to $75,000 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.
• Revising the maximum civil penalty from $110,000 to $175,000 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law that results in death, serious illness, or severe injury to any person or substantial destruction of the property.
• Removing the current $250 minimum civil penalty and revising the minimum penalty amount to $450 for a violation related to training.

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