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Increased Dangerous Goods (HazMat) Penalty Amounts

Last Updated On October 16, 2019

The United States Department of Transportation recently announced an increase in the hazardous materials violation penalty amounts as of July 31, 2019. This happens regularly but its notable that this increase puts the penalty per violation per day over $80,000. I remember a time when it was closer to $15,000 per violation per day but that was a long time ago.

DescriptionCitationExisting PenaltyNew penalty
(existing penalty ×
1.02522)
Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction49 U.S.C. 5123(a)(2)186,610 191,316
Minimum penalty for violation of hazardous materials
transportation law relating to training.
49 U.S.C. 5123(a)(3)481493
Maximum penalty for violation of hazardous materials
transportation law relating to training.
49 U.S.C. 5123(a)(3)79,97681,993
Violation by a person other than an individual or small
business concern under 49 U.S.C. 46301(a)(1)(A) or
(B).
49 U.S.C. 46301(a)(1) 33,33334,174
Violation by an individual or small business concern related to the transportation of hazardous materials.49 U.S.C. 46301(a)(5)(B)(i)13,333 13,669

The training violations are approaching $500 per employee; and theoretically, this could be assessed for each day the employee isn’t properly trained by the employer for their job function. Ref 49 CFR 107.329.