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Enforcement

Criminal Provisions of the Hazardous Materials Transportation Act (HMTA)

OCEFT Seal
truck without placards
Truck where placards have been removed

Hazardous Materials Transportation Act (HMTA)

Elements:

  • Any person of
    • Knowingly
      • Alters, removes, defaces, destroys, or otherwise tampers with any marking, label, placard, or description on a document required by this title or a regulation under this chapter or any package, container, motor vehicle, rail freight car, aircraft, or vessel used for transportation of hazardous materials.
Statute: 40 U.S.C. 1801

Penalty:
  • Maximum of 5 years imprisonment and/or fines as set forth in the Alternative Fines Act.
Relevant Regulations:49 C.F.R. Parts 171 - 180

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