---
kind: "section"
citation: "49 U.S.C. § 5124"
title: "49"
title_heading: "Transportation"
number: "5124"
heading: "Criminal penalty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5124"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 51 — Transportation of Hazardous Material"
---

# §5124. Criminal penalty

- (a) **In General.—** A person knowingly violating [section 5104(b)](/usc/49/5104.md?p=b) or willfully or recklessly violating this chapter or a [regulation](/usc/49/5302.md?p=16), order, special permit, or approval issued under this chapter shall be fined under [title 18](/usc/18.md), 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](/usc/49/5102.md?p=2) 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](/usc/49/5302.md?p=16) or a requirement required by the [Secretary](/usc/49/5102.md?p=11), 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.)

## Notes

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

### Amendments

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.”