The Modal Agencies have established their own programs to prioritize their inspection activities of transporters of hazardous materials. Pipeline and Hazardous Materials Safety Administration, in addition to the Modal Agencies have selection criteria for shippers; "offerors", that are similar i.e. (1) Investigation of known shipper violations discovered during carrier audits, (2) Non-frivolous written complaints alleging violations of the Federal Hazardous Materials Regulations, (3) NRC and DOT 5800.1, spill and hazmat incident reports, (4) Referrals from other governmental agencies and special investigations targeting high risk hazardous materials such as explosives and certain radioactive materials. In almost all instances these shipper inspections are unannounced.
In the event that inspection of your hazardous materials operations discloses violations of the hazardous materials regulations, you may be subject to civil and/or criminal penalties.
PENALTIES PER VIOLATION 107.329
* (Levels of fine from 18 U.S.C. and includes provision for imprisonment for not more than 5 years.)
Although the Federal Government is exempt from the penalty provisions, (See definition of "person" on page 26 of this H.O.) employees of the federal government are not exempt under the HMTA.
NOTES: A violation count is for each missing placard on a vehicle for each day. If a truck is missing 3 placards and it is determined the driver went 3 days in this manner, that is a total of 9 violations that start at $275 each, and can go up to $32,500 each; so the fine range in this example is between $2,475 and $292,500 for the Civil code. These are issued to the driver. The trucking company may get criminal fines ($500,000), and company directors may get criminal fines individually ($250,000).