U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart iv— enforcement and penalties › Chapter CHAPTER 463— PENALTIES

49 U.S.C. § 46312

Transporting hazardous material

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(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.(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.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

46312

49 App.:1472(h)(2).

Aug. 23, 1958, Pub. L. 85–726, § 902(h)(2), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, § 113(c), 88 Stat. 2162.

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 NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2001–2026 · leading case: United States v. Bernard B. Williams, 399 F.3d 450 (2d Cir. 2005).
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United States v. Bernard B. Williams, 399 F.3d 450 (2d Cir. 2005). · cites it 5× “Bernard Williams appeals from the May 19, 2004, judgment of the District Court for the Eastern District of New York (Nina Gershon, District Judge), sentencing him to 46 months’ imprisonment after a jury found him guilty of recklessly causing the transportation of hazardous…”
United States v. Sabretech, Inc., 271 F.3d 1018 (11th Cir. 2001). · cites it 11× “We hold that the government and the district court improperly relied upon hazardous materials regulations that had not been authorized by the Federal Aviation Act (“FAA”), as required by 49 U.S.C. § 46312 , to support the reckless counts.”
United States v. James Frith, Jr., 461 F.3d 914 (7th Cir. 2006). “§§ 841 , 848(a), 849, 856, 861 & 863; and 49 U.S.C. §§ 46312 , 46502 & 46504 except when the MVRA applies); 18 U.”
United States v. Williams, 283 F. Supp. 2d 850 (E.D.N.Y 2003). · cites it 5× “Defendant Bernard Williams was convicted on July 16, 2008, following a jury trial, of recklessly causing the transportation in air commerce of hazardous materials in violation of 49 U.S.C. § 46312 . Defendant now brings this motion, pursuant to Rule 29 of the Federal Rules of…”
United States v. David Diaz, 865 F.3d 168 (4th Cir. 2017). “The parties dispute whether Diaz preserved this claim and therefore whether we should review this issue of statutory interpretation de novo or under the plain error standard.”
United States v. Hess, 106 F.4th 1011 (10th Cir. 2024). “§§ 1341 and 2, and on three counts of transporting hazardous material in violation of 49 U.S.C. § 46312 and associated federal regulations.”
Hughes v. Eleventh Jud. Circuit of Florida, 274 F. Supp. 2d 1334 (S.D. Fla. 2003). “§ 46311 ), transporting hazardous material ( 49 U.S.C. § 46312 ), refusing to appear or produce records ( 49 U.”
United States v. Arthur Rathburn (6th Cir. 2019). · cites it 3× “Rathburn timely appeals and raises the following challenges: (1) the government presented insufficient evidence to support his convictions; (2) 49 U.S.C. § 46312 is unconstitutionally vague because it fails to give fair notice of what constitutes an infectious substance; (3) the…”
United States v. David Diaz (4th Cir. 2017). “49 U.S.C. §§ 46312 , 46502 & 46504 except when the MVRA applies”).”
United States v. Mohammed Al-Abadi (6th Cir. 2026). “§ 2320 , and for recklessly transporting hazardous materials, in violation of 49 U.S.C. § 46312 . He pled guilty. At sentencing, Al-Abadi admitted, for purposes of a sentencing enhancement, that his counterfeit sales had inflicted a loss of between $95,000 and $150,000.”
United States v. Igor Borodin, 576 F. App'x 202 (4th Cir. 2014). “§ 2 (2012) (Count One), and transporting hazardous materials, and aiding and abetting, in violation of 49 U.S.C. § 46312 (2006) and 18 U.S.C. § 2 (Count Two).”
United States v. Frith, James (7th Cir. 2006). “§§ 841 , 848(a), 849, 856, 861 & 863; and 49 U.S.C. §§ 46312 , 46502 & 46504 except when the MVRA applies); 18 U.”
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