49 USC § 5124 - Criminal penalty

---
identifier: "/us/usc/t49/s5124"
source: "usc"
legal_status: "official_legal_evidence"
title: "49 USC § 5124 - Criminal penalty"
title_number: 49
title_name: "TRANSPORTATION"
section_number: "5124"
section_name: "Criminal penalty"
chapter_number: 51
chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 5124. Criminal penalty

**(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.

---

**Source Credit**: (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.)

| RevisedSection | 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 Notes

### Amendments

2005— reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating  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.”