U.S. Code » Title 49 » Subtitle SUBTITLE III— GENERAL AND INTERMODAL PROGRAMS › Chapter CHAPTER 51— TRANSPORTATION OF HAZARDOUS MATERIAL

49 U.S.C. § 5124

Criminal penalty

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(a)In General.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.(b)Knowing Violations.—For purposes of this section—(1) 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; and(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.(c)Willful Violations.—For purposes of this section, a person acts willfully when—(1) the person has knowledge of the facts giving rise to the violation; and(2) the person has knowledge that the conduct was unlawful.(d)Reckless Violations.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119 Stat. 1906.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5124

49 App.:1809(b).

Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.

Editorial NotesAmendments

2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”

Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1997–2025 · leading case: United States v. Job, 871 F.3d 852 (9th Cir. 2017).
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United States v. Job, 871 F.3d 852 (9th Cir. 2017). “§ 9603 (b); or 49 U.S.C. § 5124 .” U.S.S.G. § 2D1.1 cmt.”
United States v. Sauseda, 596 F.3d 279 (5th Cir. 2010). · cites it 2× “§ 9603 (b); or 49 U.S.C. § 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material).”
United States v. Anthony Richard Kinard, 472 F.3d 1294 (11th Cir. 2006). “§ 9603 (b), or 49 U.S.C. § 5124 . To apply the enhancement where no such statutory violation has been found would render the limitations imposed in the Application Note “essentially meaningless,” because the enhancement would apply to all conduct causing anhydrous ammonia to be…”
United States v. Sabretech, Inc., 271 F.3d 1018 (11th Cir. 2001). · cites it 4× “49 U.S.C. § 5124 (1994). The jury did, however, find SabreTech guilty of recklessly causing the transportation of hazardous material in air commerce.”
United States v. Thomas Kuzma, 967 F.3d 959 (9th Cir. 2020). “, 49 U.S.C. § 5124 (a) (imposing 10 The facial invalidations in these three cases do, however, refute the Government’s assertion that, outside the First Amendment context, only as-applied vagueness challenges may be considered.”
United States v. Holmes, 646 F.3d 659 (9th Cir. 2011). · cites it 2× “[10] 49 U.S.C. § 5124 ; see U.S.S.G. § 2Q1.2(b)(7).”
United States v. Travis Job, 851 F.3d 889 (9th Cir. 2017). “§ 9603 (b); or 49 U.S.C. § 5124 .” U.S.S.G. § 2D1.1 cmt.”
United States v. Robert Landmesser, 378 F.3d 308 (3rd Cir. 2004). “The Sentencing Commission likely intended to reference 49 U.S.C. § 5124 . 6 . Compare U.S.S.G. § 2Q1.”
Chem. Mfrs. Ass'n v. Dep't of Transp. & United States of Am., the Fertilizer Inst., Intervenor For, 105 F.3d 702 (D.C. Cir. 1997). “Arguably, a criminal prosecution under 49 U.S.C. § 5124 could also be described as a proceeding to enforce the regulation.”
United States v. Hagerman, 525 F. Supp. 2d 1058 (S.D. Ind. 2007). “(7) If the defendant was convicted under 49 U.S.C. § 5124 or § 46312, increase by 2 levels.”
United States v. Isac Schwarzbaum, 127 F.4th 259 (11th Cir. 2025). “§ 2424 (a) (harboring an alien for the purpose of prostitution); 49 U.S.C. § 5124 (a) (transporting or tampering with hazardous materials); 49 U.”
Nat'l Power Corp. v. Fed. Aviation Admin., 864 F.3d 529 (7th Cir. 2017). · cites it 2× “The Administrator found that section 5123(a) requires only knowledge of the facts giving rise to the violation, and that knowledge of the law is required for willful violations, as defined by 49 U.S.C. § 5124 (c). National Power contends that a knowing violation requires the…”
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