(1) A person who operates or who requires or permits a person to operate a commercial motor vehicle in violation of this act or a rule promulgated under this act related to the transportation of hazardous materials if the vehicle is transporting a package required to be marked or labeled under 49 CFR parts 100 to 180 is responsible for a state civil infraction and may be ordered to pay a fine of not more than $500.00 for each violation.

(2) A person or entity identified in subsection (1) who knowingly or willfully violates this act or a rule promulgated under this act is, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.

(3) A person or entity identified in subsection (1) who causes injury or death during a violation of this act, while a vehicle identified in subsection (1) that is transporting a package required to be marked or labeled under 49 CFR parts 100 to 180 is used, is, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.

(4) An officer, employee, owner, or agent of an individual, partnership, corporation, or association, or their lessees or receiver appointed by a court that is the owner or user of any hazardous materials vehicle inspection or repair facility that violates a section of this act, or a rule promulgated under this act, related to the transportation of hazardous materials, is guilty of a misdemeanor punishable as prescribed in this section.

History: Add. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;– Am. 2000, Act 98, Imd. Eff. May 15, 2000 ;– Am. 2002, Act 118, Eff. May 1, 2002 ;– Am. 2004, Act 168, Imd. Eff. June 24, 2004 ;– Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005