Increased Rail Haz Mat Penalties Published

The Federal Railroad Administration (FRA), published today revised civil monetary penalties for the violation of the Hazardous Materials Transportation Act. The FRA rule implements the increased penalties enacted in July 2012 with the passage of the MAP-21 Act (Moving Ahead for Progress in the 21st Century Act). The increased penalties, which apply to all violations of the federal haz mat transportation laws after October 1, 2012, increase the maximum civil penalty from $50,000 to $75,000 for "knowing violations," and from $100,000 to $175,000 if the violation "results in death, serious injury or severe injury to any person, or substantial destruction of property." Also, the prior minimum penalty of $250 has been eliminated, except that a $450 minimum penalty will apply to training violations.