Civil Penalties Change for DOT HazMat Violations

PHMSA 04-17 FR civil penalties.pdf

On April 17, 2013 (78 FR 22798 / HM-258), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule revising the references in 49 CFR Chapter I Hazardous Material Regulations (HMR) concerning its maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the “Moving Ahead for Progress in the 21st Century Act” (MAP–21), effective October 1, 2012, the maximum civil penalty for a knowing violation occurring on or after October 1, 2012 is now $75,000 (was $55,000) and the maximum civil penalty for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property occurring on or after October 1, 2012 is now $175,000 (was $110,000). In addition, there is no longer a minimum civil penalty amount (was $250); except that the minimum civil penalty amount of $450 applies to a violation relating to training (was $495). The effective date of this final ruling is April 17, 2013.