---
kind: "section"
citation: "49 U.S.C. § 46312"
title: "49"
title_heading: "Transportation"
number: "46312"
heading: "Transporting hazardous material"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/46312"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iv — enforcement and penalties"
  - "Chapter 463 — Penalties"
---

# §46312. Transporting hazardous material

- (a) **In General.—** A person shall be fined under [title 18](/usc/18.md), 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](/usc/49/chstIII/ch51.md)—
  - (1) willfully delivers, or causes to be delivered, property containing hazardous material to an [air carrier](/usc/49/40102.md?p=a-2) or to an operator of a [civil aircraft](/usc/49/40102.md?p=a-16) for transportation in [air commerce](/usc/49/40102.md?p=a-3); or
  - (2) recklessly causes the transportation in [air commerce](/usc/49/40102.md?p=a-3) of the property.
- (b) **Knowledge of Regulations.—** For purposes of [subsection (a)](#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](/usc/49/chstIII/ch51.md) is not an element of an offense under this section but shall be considered in mitigation of the penalty.

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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 Notes

### Amendments

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 Subsidiaries

### Effective 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.