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Penalties - USA - PHMSA Revises Hazmat Ones
USA -Truckline Express -Feb 24, 2006: -- The Pipeline & Hazardous Materials Safety Administration issued a final rule Feb. 17 revising the civil and criminal penalties as required by the Hazardous Materials Safety and Security Reauthorization Act, enacted on August 10, 2005, as part of the highway reauthorization bill. The final rule implements the following statutory changes: (1) The maximum civil penalty was increased to $50,000 for a knowing violation and to $100,000 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property; (2) The minimum civil penalty has been reduced to $250, except a minimum civil penalty of $450 applies to a violation related to training; (3) Criminal penalties now apply to both reckless and willful violations of Federal hazardous material transportation law or the regulations, orders, special permits, and approvals issued thereunder; (4) The maximum criminal penalty of five years imprisonment and a fine in accordance with Title 18 of the United States Code ($250,000 for an individual, $500,000 for a corporation) was retained, except the maximum time of imprisonment has been increased to 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to a person. The rule also revises PHMSA's hazmat transportation civil penalty guidelines (Appendix A to 49 CFR part 107). The final rule is effective immediately...
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