U.S. District Judge Walter Herbert Rice Friday ordered Emery Worldwide Airlines, Inc. to pay the maximum $6 million fine ($500,000 for each of the 12 counts) and placed the company on probation for three years for multiple violations of the Hazardous Materials Transportation Act.
During its period of probation, Emery, a wholly owned subsidiary of CNF, Inc., will implement and maintain a compliance program designed to detect and prevent future violations.
“With this case, we have taken a great step forward in protecting the safety of the people involved in the cargo transportation industry,” said Gregory G. Lockhart, United States Attorney for the Southern District of Ohio. “Other companies in the industry are aware of these proceedings and should learn from the mistakes of Emery.”
On September 30, 2003, Emery Worldwide Airlines, Inc. pled guilty to violating a DOT regulation that requires the operator of an aircraft transporting hazardous materials to give the pilot in command of the aircraft written notification of hazardous material loaded on the plane. By its plea, Emery admitted that on twelve occasions between November 1998 and July 1999 it transported hazardous material on aircraft leaving the hub without providing the required written notification to the pilot. The type of hazardous materials involved included freight classified as flammable liquid, non-flammable gas, explosive and radioactive materials, and miscellaneous dangerous goods.