Bulletin 438 - 11/05 The Carriage of Dangerous Cargoes - Rule Violations and Penalties - USA
The shipping of undeclared/misdeclared cargoes on board ship in containers continues to be a major concern to the industry. Violations of the regulations are common.
The following, in order of frequency are those violations most commonly found in the USA.
- Failing to enter the proper description of the hazardous material
- Failing to make or sign a 'shippers certification' on the shipping paper
- Failing to properly label the hazardous material container or package
- Offering a hazardous material in an unauthorised package
- Failing to mark the overpack with the shipping name, etc. when required
- Failing to properly identify hazardous materials on a shipping paper that also contains non hazardous material entries
- Failing to enter the basic description of the hazardous material in the proper sequence
- Failing to mark a non bulk package of hazardous material with the shipping name and/or identification number
- Failing to list the emergency response number for an individual who assumes responsibility for said function
- Failing to properly mark the hazardous material as required
- Labels not clearly visible or the labels are obscured
- Failing to enter the technical name in association with the proper shipping description
- Failing to mark the package with orientation arrows as required
- Failing to secure package of hazardous material against movement
- Failing to enter the total quantity of hazardous material on the shipping paper
- Failing to mark the overpack with a statement that inner packagings comply with the hazardous material regulations
- Offering a hazardous material without preparing a shipping paper (none)
- Failing to include the words ‘limited quantity’ or ‘(LTD QTY)’ as required
- Improper package marking
- Failing to enter the packing group on the shipping paper.

Criminal penalties can be sought where repeated violations are found. Criminal penalties for wilful violations may include a penalty of up to $500,000 and five years imprisonment.
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