Recent FAA Case Against Carrier Demonstrates Importance and Application of the Constructive Knowledge Concept in Hazardous Materials Transport

摘要

A dot Administrative Law Judge recently issued an important new decision on the matter of "constructive knowledge" as a basis for imposing hazmat civil penalty sanctions. "Constructive knowledge" refers to situations where a carrier does not have actual knowledge that a shipment contains undeclared hazardous materials, but where the DOT concludes that a carrier should have known that a shipment contains hazardous materials, based on "a reasonable person acting in the circumstances and exercising reasonable care." The issue of constructive knowledge was recently addressed by Lawrence W. Bierlein in the July/August 2002 issue of Hazmat Packager & Shipper, following the June 19, 2002 public meeting hosted by Jackie Goff, DOT'S Director of Intermodal Hazardous Materials Programs. Mr. Bierlein referenced the large number of "constructive knowledge" cases that must be litigated due to the vagueness of the law on the definition of a "reasonable person" and what "readily apparent facts" should put a reasonable person on notice that they are handling hazmat.