§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 a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $102,348 for each violation, except the maximum civil penalty is $238,809 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $617 for violations relating to training. 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 a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $102,348 for each violation, except the maximum civil penalty is $238,809 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $617 for violations relating to training.

[71 FR 8487, Feb. 17, 2006; 74 FR 68702 Dec. 29, 2009; 75 FR 53596, Sept. 1, 2010; 78 FR 22800, April 17, 2013; 81 FR 42268, June 29, 2016; 82 FR 18399, April 19, 2017; 83 FR 60744, Nov. 27, 2018; 84 FR 6947, Feb. 28, 2019; 84 FR 37071, July 31, 2019; 85 FR 83374, Dec. 21, 2020; 86 FR 1756, Jan. 11, 2021; 86 FR 23252, May 3, 2021; 87 FR 15866, March 21, 2022; 88 FR 1125, Jan. 6, 2023; 88 FR 89560, Dec. 28, 2023; 89 FR 106293, Dec. 30, 2024]