§ 5123. — Civil penalty.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5123]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5123. Civil penalty
(a) Penalty.--(1) A person that knowingly violates this chapter or a
regulation prescribed or order issued under this chapter is liable to
the United States Government for a civil penalty of at least $250 but
not more than $25,000 for each violation. A person acts knowingly when--
(A) the person has actual knowledge of the facts giving rise to
the violation; or
(B) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.
(2) A separate violation occurs for each day the violation,
committed by a person that transports or causes to be transported
hazardous material, continues.
(b) Hearing Requirement.--The Secretary of Transportation may find
that a person has violated this chapter or a regulation prescribed under
this chapter only after notice and an opportunity for a hearing. The
Secretary shall impose a penalty under this section by giving the person
written notice of the amount of the penalty.
(c) Penalty Considerations.--In determining the amount of a civil
penalty under this section, the Secretary shall consider--
(1) the nature, circumstances, extent, and gravity of the
violation;
(2) with respect to the violator, the degree of culpability, any
history of prior violations, the ability to pay, and any effect on
the ability to continue to do business; and
(3) other matters that justice requires.
(d) Civil Actions To Collect.--The Attorney General may bring a
civil action in an appropriate district court of the United States to
collect a civil penalty under this section.
(e) Compromise.--The Secretary may compromise the amount of a civil
penalty imposed under this section before referral to the Attorney
General.
(f) Setoff.--The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes the
person liable for the penalty.
(g) Depositing Amounts Collected.--Amounts collected under this
section shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5123(a)(1)............................ 49 App.:1809(a)(1) (1st Jan. 3, 1975, Pub. L. 93-633, Sec.
sentence less 3d-16th words, 110(a)(1), 88 Stat. 2160; Nov. 16,
2d sentence words before 4th 1990, Pub. L. 101-615, Sec. 12(a)(1),
comma, 3d sentence). 104 Stat. 3259.
49 App.:1809(a)(3). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 110(a)(3); added Nov. 16,
1990, Pub. L. 101-615, Sec. 12(a)(2),
104 Stat. 3259.
5123(a)(2)............................ 49 App.:1809(a)(1) (2d sentence
words after 4th comma).
5123(b)............................... 49 App.:1809(a)(1) (1st
sentence 3d-16th words, 4th
sentence).
5123(c)............................... 49 App.:1809(a)(1) (last
sentence).
5123(d), (e).......................... 49 App.:1809(a)(2) (1st Jan. 3, 1975, Pub. L. 93-633, Sec.
sentence). 110(a)(2), 88 Stat. 2160.
5123(f)............................... 49 App.:1809(a)(2) (2d
sentence).
5123(g)............................... 49 App.:1809(a)(2) (last
sentence).
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In subsection (a)(1), before clause (1), the words ``A person that
knowingly violates this chapter or a regulation prescribed or order
issued under this chapter is liable to the United States Government for
a civil penalty of at least $250 but not more than $25,000 for each
violation'' are substituted for 49 App.:1809(a)(1) (1st sentence less
3d-16th words, 2d sentence words before 4th comma, 3d sentence) to
eliminate unnecessary words.
In subsection (b), the word ``impose'' is substituted for
``assessed'' for consistency.
In subsection (c)(2), the words ``the violator'' are substituted for
``the person found to have committed such violation'' to eliminate
unnecessary words.
In subsection (f), the words ``imposed or compromised'' are
substituted for ``of such penalty, when finally determined (or agreed
upon in compromise)'' to eliminate unnecessary words and for
consistency. The words ``liable for the penalty'' are substituted for
``charged'' for clarity.
Section Referred to in Other Sections
This section is referred to in sections 5102, 5122, 5711 of this
title.
