49 U.S.C. § 1155 — Penalties

Page 181 TITLE 49—TRANSPORTATION § 1155 (B) A court may allow a still image or a part of a cockpit or surface vehicle recorder tran- script not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be ad- mitted into evidence in a judicial proceeding, only if the court places the still image, the part of the transcript, or the recording under seal to prevent the use of the still image, the part of the transcript, or the recording for purposes other than for the proceeding. (5) This subsection does not prevent the Board from referring at any time to cockpit or surface vehicle recorder information in making safety recommendations. (6) In this subsection: (A) RECORDER.—The term ‘‘recorder’’ means a voice or video recorder. (B) STILL IMAGE.—The term ‘‘still image’’ means any still image obtained from a video recorder. (C) TRANSCRIPT.—The term ‘‘transcript’’ in- cludes any written depiction of visual infor- mation obtained from a video recorder. (b) REPORTS.—No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 757; Pub. L. 106–424, § 5(c)(1), Nov. 1, 2000, 114 Stat. 1885; Pub. L. 115–254, div. C, § 1104(b), Oct. 5, 2018, 132 Stat. 3430.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1154(a) ........ 49 App.:1905(c)(3), (d). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 306(c)(3), (d); added Oct. 14, 1982, Pub. L. 97–309, § 2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, § 4, 104 Stat. 4655. 1154(b) ........ 49 App.:1441(e). Aug. 23, 1958, Pub. L. 85–726, § 701(e), 72 Stat. 781. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A), (c). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (c), 88 Stat. 2168, 2171. In subsection (a), the word ‘‘transcript’’ is sub- stituted for ‘‘transcriptions’’ for clarity. In subsection (a)(1)(A), the words ‘‘that the National Transportation Safety Board has not made available to the public’’ are substituted for ‘‘other than such por- tions made available to the public by the Board’’ for clarity. In subsection (a)(2)(B), the words ‘‘prepared by or under the direction of the Board’’ are omitted as unnec- essary and for consistency with the source provisions restated in this subsection. In subsection (b), the words ‘‘civil action’’ are sub- stituted for ‘‘suit or action’’ in 49 App.:1441(e) and 1903(c) for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.). Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 1104(b)(1), sub- stituted ‘‘In General’’ for ‘‘Transcripts and Recordings’’ in heading. Subsec. (a)(1). Pub. L. 115–254, § 1104(b)(2), added sub- par. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively. Subsec. (a)(3). Pub. L. 115–254, § 1104(b)(3), substituted ‘‘recorder recording, including with regard to a video recording any still image that the National Transpor- tation Safety Board has not made available to the pub- lic under section 1114(c) or 1114(d) of this title,’’ for ‘‘re- corder recording’’ in introductory provisions and in subpar. (B). Subsec. (a)(4)(A). Pub. L. 115–254, § 1104(b)(4), inserted ‘‘a still image or’’ before ‘‘a part of a cockpit’’ in intro- ductory provisions and substituted ‘‘the still image, the part of the transcript, or the recording’’ for ‘‘the part of the transcript or the recording’’ wherever ap- pearing. Subsec. (a)(4)(B). Pub. L. 115–254, § 1104(b)(4)(B), in- serted ‘‘a still image or’’ before ‘‘a part of a cockpit’’ and substituted ‘‘the still image, the part of the tran- script, or the recording’’ for ‘‘the part of the transcript or the recording’’ in two places. Subsec. (a)(6)(B), (C). Pub. L. 115–254, § 1104(b)(5), added subpar. (B) and redesignated former subpar. (B) as (C). 2000—Pub. L. 106–424, § 5(c)(1)(A), substituted ‘‘and surface vehicle recordings and transcripts’’ for ‘‘voice and other material’’ in section catchline. Subsec. (a). Pub. L. 106–424, § 5(c)(1)(B), substituted ‘‘cockpit or surface vehicle recorder’’ for ‘‘cockpit voice recorder’’ wherever appearing. Pub. L. 106–424, § 5(c)(1)(C), substituted ‘‘section 1114(c) or 1114(d)’’ for ‘‘section 1114(c)’’ wherever appear- ing. Subsec. (a)(6). Pub. L. 106–424, § 5(c)(1)(D), which di- rected the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress. § 1155. Penalties (a) CIVIL PENALTY.—(1) A person violating sec- tion 1132, section 1134(b), section 1134(f)(1), sec- tion 1136(g), or section 1139(g) of this title or a regulation prescribed or order issued under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues. (2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary ac- tion and submitting to the National Transpor- tation Safety Board a timely report on action taken. (3) The Board may compromise the amount of a civil penalty imposed under this subsection. (4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty. (5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty. (b) CRIMINAL PENALTY.—A person that know- ingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104–264, title VII, § 702(b), Oct. 9, 1996, 110 Page 182 TITLE 49—TRANSPORTATION § 1301 1 So in original. Does not conform to subchapter heading since word ‘‘SUBCHAPTER’’ does not appear. Stat. 3267; Pub. L. 118–63, title XII, § 1216(a), May 16, 2024, 138 Stat. 1431.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1155(a)(1), (2). 49 App.:1471(a)(1) (related to sub- chapter VII). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, § 107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, § 113(b), 88 Stat. 2162. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168. 1155(a)(3), (4). 49 App.:1471(a)(2) (related to sub- chapter VII). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(a)(5) .... 49 App.:1473(b)(1). Aug. 23, 1958, Pub. L. 85–726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, § 36, 92 Stat. 1741. 49 App.:1473(b)(4). Aug. 23, 1958, Pub. L. 85–726, § 903(b)(4), 72 Stat. 787. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(b) ........ 49 App.:1472(p). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(p); added Oct. 15, 1962, Pub. L. 87–810, § 4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100–223, § 204(e), 101 Stat. 1520. In subsection (a)(1), the words ‘‘section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title’’ are substituted for ‘‘any provision of subchapter . . . VII . . . of this chapter’’ in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words ‘‘reg- ulation prescribed or order issued under either of those sections’’ are substituted for ‘‘rule, regulation, or order issued thereunder’’ for clarity and consistency in the revised title and with other titles of the United States Code and because ‘‘rule’’ and ‘‘regulation’’ are synony- mous. The words ‘‘liable to the United States Govern- ment’’ are substituted for ‘‘subject to’’ for clarity. The words ‘‘for each such violation’’ are omitted as unnec- essary because of 18:1. In subsection (a)(2), the word ‘‘civilian’’ is omitted as unnecessary. The words ‘‘with respect thereto’’ are omitted as surplus. In subsection (a)(4), the words ‘‘imposed or com- promised’’ are substituted for ‘‘finally determined or fixed by order of the Board, or the amount agreed upon in compromise’’ in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words. In subsection (a)(5), the words ‘‘imposed or assessed’’ are omitted as surplus. The words ‘‘civil action against the person’’ are substituted for ‘‘proceedings in per- sonam against the person’’ in 49 App.:1473(b)(1) for con- sistency with rule 2 of the Federal Rules of Civil Proce- dure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnec- essary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as un- necessary because of 28:ch. 131. Editorial Notes REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces. PRIOR PROVISIONS Prior chapter 31 (§§ 3101–3104) of subtitle II redesig- nated and restated as chapter 315 (§§ 31501–31504) of sub- title VI of this title by Pub. L. 103–272, § 1(c), (e). AMENDMENTS 2024—Pub. L. 118–63, § 1216(a)(1), substituted ‘‘Pen- alties’’ for ‘‘Aviation penalties’’ in section catchline. Subsec. (a)(1). Pub. L. 118–63, § 1216(a)(2), substituted ‘‘section 1136(g), or section 1139(g)’’ for ‘‘or section 1136(g) (related to an aircraft accident)’’. 1996—Subsec. (a)(1). Pub. L. 104–264 substituted ‘‘, section 1134(b), section 1134(f)(1), or section 1136(g)’’ for ‘‘or 1134(b) or (f)(1)’’ and ‘‘any of’’ for ‘‘either of’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. CHAPTER 13—SURFACE TRANSPORTATION BOARD I—ESTABLISHMENT 1 Sec. 1301. Establishment of Board 1302. Functions. 1303. Administrative provisions. 1304. Reports. 1305. Authorization of appropriations. 1306. Reporting official action. II—ADMINISTRATIVE 1 1321. Powers. 1322. Board action. 1323. Service of notice in Board proceedings. 1324. Service of process in court proceedings. 1325. Railroad-Shipper Transportation Advisory Council. 1326. Authority of the Inspector General. Editorial Notes AMENDMENTS 2015—Pub. L. 114–110, §§ 3(a)(1), (2), 10, Dec. 18, 2015, 129 Stat. 2228, 2233, renumbered chapter 7 of this title as this chapter and amended analysis generally, sub- stituting items 1301 to 1306 and 1321 to 1326 for former items 701 to 706 and 721 to 727, respectively. SUBCHAPTER I—ESTABLISHMENT § 1301. Establishment of Board (a) ESTABLISHMENT.—The Surface Transpor- tation Board is an independent establishment of the United States Government. (b) MEMBERSHIP.—(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Sen- ate. Not more than 3 members may be appointed from the same political party.