FAA Announces Hefty Fines For Multiple Hazardous Materials Shipping Violations- by Elisha Yang

     In press releases issued today, the FAA announced a number of proposed civil penalties directed towards certificated operators and non-aviation companies ranging from $54,000 up to $195,000.  The penalties all pertain to the improper presentation for shipment of hazardous materials and the failure of the companies to provide hazardous materials training.

     British Airways, in particular, is facing a sizeable penalty of $195,000 as a result of shipping a chemical oxygen generator via a passenger aircraft from London Heathrow Airport to Dallas/Fort Worth International Airport for repair.  Due to its extremely flammable nature, oxygen generators are prohibited as cargo aboard passenger aircraft.  Improper labelling of oxygen generators caused the crash of Value Jet Airlines Flight 592 on May 11, 1996.   

     Companies involved in the shipping of hazardous materials must be cautious of potential FAA violations due to the life threatening outcomes possible from shipping dangerous materials on passenger flights.   Penalties imposed by the FAA for violations of any Hazardous Materials Regulation can be avoided by taking appropriate measures within a company to ensure compliance with the applicable regulations.  

     Companies who are subjected to proposed civil penalties are entitled to challenge the sufficiency of those penalties in an administrative hearing before the National Transportation Safety Board.  As part of the FAA’s enforcement process, the FAA will routinely offer to meet with the infringing company to discuss the pending case and attempt to reach a resolution in lieu of proceeding with a hearing.   

 
     If your company receives a notice of Proposed Civil Penalties from the FAA for violation of the Hazardous Materials Regulations, then contact Aviation Attorney Ronnie Gipson by email at Gipson@higagipson.com or by telephone at (415) 692-6523.