[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.329]



[Page 40]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents

 

                          Subpart D_Enforcement

 

Sec. 107.329  Maximum penalties.



    (a) A person who knowingly violates a requirement of the Federal 

hazardous material transportation law, an order issued thereunder, this 

subchapter, subchapter C of this chapter, or an exemption issued under 

this subchapter applicable to the transporting of hazardous materials or 

the causing of them to be transported or shipped is liable for a civil 

penalty of not more than $32,500 and not less than $275 for each 

violation. (For a violation that occurred after January 21, 1997, and 

before October 1, 2003, the maximum and minimum civil penalties are 

$27,500 and $250, respectively.) When the violation is a continuing one, 

each day of the violation constitutes a separate offense.

    (b) A person who knowingly violates a requirement of the Federal 

hazardous material transportation law, an order issued thereunder, this 

subchapter, subchapter C of this chapter, or an exemption issued under 

this subchapter applicable to the manufacture, fabrication, marking, 

maintenance, reconditioning, repair, or testing of a packaging or 

container which is represented, marked, certified or sold by that person 

as being qualified for use in the transportation of hazardous materials 

in commerce is liable for a civil penalty of not more than $32,500 and 

not less than $275 for each violation. (For a violation that occurred 

after January 21, 1997, and before October 1, 2003, the maximum and 

minimum civil penalties are $27,500 and $250, respectively.)



[Amdt. 107-24, 56 FR 8624, Feb. 28, 1991, as amended by Amdt. 107-32, 59 

FR 49131, Sept. 26, 1994; Amdt. 17-40, 62 FR 2971, Jan. 21, 1997; 65 FR 

58618, Sept. 29, 2000; 68 FR 52848, Sept. 8, 2003]