False Reporting of Emergency Response Telephone Number Results in Indictment and Criminal Charges

摘要

The U.S. Department of Transportation's indictment of West Coast company for performing offerer functions, namely falsely reporting a emergency response telephone number on behalf of its Pacific Rim importer client, is reopening the whole issue of who is an "offerer" or what constitutes "offer" in the transportation of hazardous materials. The non-existence of such definitions in the 49 CFR has created some problems in this case whereby the government has had to rely mainly upon formal interpretations of the these terms from the Office of Chief Counsel. Not all of the charges under the indictment have prevailed as a consequence, yet much is expected to come from this important case.