2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 83 - Hazardous Materials Transportation
8306 - Penalties.

     § 8306.  Penalties.
        (a)  Offenses defined.--Any person who violates any provision
     of this chapter, any rule or regulation of the department, any
     order of the department or any condition of any permit issued
     pursuant to this chapter commits a summary offense and, upon
     conviction, the person shall be subject to a fine of not less
     than $50 nor more than $1,000 for each separate offense, and, in
     default of the payment of the fine, shall be imprisoned for a
     period of 90 days.
        (b)  Willful violations.--Any person who willfully violates
     any provision of this chapter, any rule or regulation of the
     department, any order of the department or any condition of any
     permit issued pursuant to this chapter commits a misdemeanor of
     the third degree and, upon conviction, shall be subject to a
     fine of not less than $1,000 nor more than $25,000 for each
     separate offense or to imprisonment in the county jail for a
     period of not more than one year, or both.
        (c)  Subsequent willful violations.--Any person who, after a
     conviction of a misdemeanor for any violation within two years
     as provided in this section, willfully violates any provision of
     this chapter, any rule or regulation of the department, any
     order of the department or any condition of any permit issued
     pursuant to this chapter commits a misdemeanor of the second
     degree and, upon conviction, shall be subject to a fine of not
     less than $2,500 nor more than $50,000 for each separate offense
     or to imprisonment for a period of not more than two years, or
     both.
        (d)  Continuing violations.--Each day of continued violation
     of any provision of this chapter, any rule or regulation of the
     department, any condition of any permit or order of the
     department issued pursuant to this chapter shall constitute a
     separate offense.
        (e)  Jurisdiction.--All summary proceedings under the
     provisions of this chapter may be brought before any magisterial
     district judge of the county where the offense occurred or in
     the county where the public is affected, and to that end
     jurisdiction is hereby conferred upon the magisterial district
     judges, subject to appeal by either party in the manner provided
     by law for appeals from summary convictions. It shall be the
     duty of the district attorney of the county to represent the
     interests of the Commonwealth.
        (f)  Shipping documents.--A properly prepared shipping
     document shall be prima facie evidence of the contents of a
     vehicle carrying hazardous materials.
     (June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 30, 2004,
     P.L.1618, No.207, eff. 60 days)

        2004 Amendment.  Act 207 amended subsec. (e). See sections 28
     and 29 of Act 207 in the appendix to this title for special
     provisions relating to applicability and construction of law.
        1985 Amendment.  Act 20 added subsec. (f).