U.S. Code > Title 49 Transportation > SUBTITLE VII—AVIATION PROGRAMS (§§ 40101—50105) > PART A—AIR COMMERCE AND SAFETY (§§ 40101—46507) > subpart iv—enforcement and penalties (§§ 46101—46507) > CHAPTER 463—PENALTIES (§§ 46301—46319) > § 46312. Transporting hazardous material

§ 46312. Transporting hazardous material

(a) In General.— A person shall be fined under title 18, 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—
(1) willfully delivers, or causes to be delivered, property containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or
(2) recklessly causes the transportation in air commerce of the property.
(b) Knowledge of Regulations.— For purposes of subsection (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 is not an element of an offense under this section but shall be considered in mitigation of the penalty.