2023 U.S. Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part A - Air Commerce and Safety
Subpart iv - Enforcement and Penalties
Chapter 463 - Penalties
Sec. 46312 - Transporting hazardous material
49 U.S.C. § 46312 (2023) | ||||||
§46312. Transporting hazardous material | ||||||
(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. |
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(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.) |
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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. EDITORIAL NOTES AMENDMENTS 2005—Subsec. (a). Pub. L. 109–59, §7128(a)(1), substituted "this part or chapter 51—" for "this part—" in introductory provisions. Subsec. (b). Pub. L. 109–59, §7128(a)(2), inserted "or chapter 51" after "under this part". 2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. |
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United States Code, 2018 Edition, Supplement 5, Title 49 - TRANSPORTATION | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
Y 1.2/5: | ||||||
Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iv - enforcement and penalties CHAPTER 463 - PENALTIES Sec. 46312 - Transporting hazardous material |
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section 46312 | ||||||
2023 | ||||||
January 3, 2024 | ||||||
Yes | ||||||
standard | ||||||
72 Stat. 785 88 Stat. 2162 108 Stat. 1239 114 Stat. 140 119 Stat. 1909 |
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Public Law 85-726, Public Law 93-633, Public Law 103-272, Public Law 106-181, Public Law 109-59 |