49 U.S.C. § 46306 — Registration violations involving aircraft

Page 1554 TITLE 49—TRANSPORTATION § 46305 Federal Aviation Administration’’ for ‘‘or the Adminis- trator of the Federal Aviation Administration with re- spect to aviation safety duties and powers designated to be carried out by the Administrator’’. 2003—Subsec. (a). Pub. L. 108–176 struck out ‘‘, (2), or (3)’’ after ‘‘section 46301(a)(1)(A)–(C)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. § 46305. Actions to recover civil penalties A civil penalty under this chapter may be col- lected by bringing a civil action against the per- son subject to the penalty, a civil action in rem against an aircraft subject to a lien for a pen- alty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, re- gardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action in- volving a civil penalty under this chapter (ex- cept a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46305 .......... 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.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The words ‘‘imposed or assessed’’ are omitted as surplus. The words ‘‘bringing a civil action’’ are sub- stituted for ‘‘proceedings in personam’’, the words ‘‘civil action in rem’’ are substituted for ‘‘proceedings in rem’’, and the words ‘‘civil action’’ are substituted for ‘‘civil suits’’, for consistency in the revised title and with other titles of the United States Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘regardless of the place an aircraft in a civil ac- tion in rem is seized’’ are substituted for 49 App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word ‘‘civil’’ is added after ‘‘involving a’’ for clarity. The words ‘‘(except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)’’ are substituted for ‘‘other than those assessed by the Board’’ because the Civil Aeronautics Board went out of existence and its duties and powers were transferred to the Secretary of Transportation. § 46306. Registration violations involving aircraft not providing air transportation (a) APPLICATION.—This section applies only to aircraft not used to provide air transportation. (b) GENERAL CRIMINAL PENALTY.—Except as provided by subsection (c) of this section, a per- son shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— (1) knowingly and willfully forges or alters a certificate authorized to be issued under this part; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certifi- cate; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nation- ality or registration of the aircraft; (4) obtains a certificate authorized to be issued under this part by knowingly and will- fully falsifying or concealing a material fact, making a false, fictitious, or fraudulent state- ment, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry; (5) owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when— (A) the aircraft is not registered under sec- tion 44103 of this title or the certificate of registration is suspended or revoked; or (B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the air- craft without registration for a period of time after transfer of ownership; (6) knowingly and willfully operates or at- tempts to operate an aircraft eligible for reg- istration under section 44102 of this title knowing that— (A) the aircraft is not registered under sec- tion 44103 of this title; (B) the certificate of registration is sus- pended or revoked; or (C) the person does not have proper au- thorization to operate or navigate the air- craft without registration for a period of time after transfer of ownership; (7) knowingly and willfully serves or at- tempts to serve in any capacity as an airman without an airman’s certificate authorizing the individual to serve in that capacity; (8) knowingly and willfully employs for serv- ice or uses in any capacity as an airman an in- dividual who does not have an airman’s cer- tificate authorizing the individual to serve in that capacity; or (9) operates an aircraft with a fuel tank or fuel system that has been installed or modi- fied knowing that the tank, system, installa- tion, or modification does not comply with regulations and requirements of the Adminis- trator of the Federal Aviation Administration. (c) CONTROLLED SUBSTANCE CRIMINAL PEN- ALTY.—(1) In this subsection, ‘‘controlled sub- stance’’ has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). (2) A person violating subsection (b) of this section shall be fined under title 18, imprisoned for not more than 5 years, or both, if the viola- tion is related to transporting a controlled sub- stance by aircraft or aiding or facilitating a con- Page 1555 TITLE 49—TRANSPORTATION § 46306 trolled substance violation and the trans- porting, aiding, or facilitating— (A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or (B) that is provided is related to an act pun- ishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance). (3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the in- dividual. (d) SEIZURE AND FORFEITURE.—(1) The Admin- istrator of Drug Enforcement or the Commis- sioner of U.S. Customs and Border Protection may seize and forfeit under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facili- tate a violation, regardless of whether a person is charged with the violation. (2) An aircraft’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of— (A) subsection (b)(1) of this section if the air- craft certificate of registration has been forged or altered; (B) subsection (b)(3) of this section if there is an external display of false or misleading reg- istration numbers or country of registration; (C) subsection (b)(4) of this section if— (i) the aircraft is registered to a false or fictitious person; or (ii) the application form used to obtain the aircraft certificate of registration contains a material false statement; (D) subsection (b)(5) of this section if the air- craft was operated when it was not registered under section 44103 of this title; or (E) subsection (b)(9) of this section if the air- craft has a fuel tank or fuel system that was installed or altered— (i) in violation of a regulation or require- ment of the Administrator of the Federal Aviation Administration; or (ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft. (3) The Administrator of the Federal Aviation Administration, the Administrator of Drug En- forcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection. (e) RELATIONSHIP TO STATE LAWS.—This part does not prevent a State from establishing a criminal penalty, including providing for for- feiture and seizure of aircraft, for a person that— (1) knowingly and willfully forges or alters an aircraft certificate of registration; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nation- ality or registration of the aircraft; or (4) obtains an aircraft certificate of registra- tion from the Administrator of the Federal Aviation Administration by— (A) knowingly and willfully falsifying or concealing a material fact; (B) making a false, fictitious, or fraudu- lent statement; or (C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104–287, § 5(78), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 46306(a) ...... 49 App.:1303 (note). Nov. 18, 1988, Pub. L. 100–690, § 7214, 102 Stat. 4434. 46306(b) ...... 49 App.:1472(b)(1), (2) (1st sentence cl. (A)). Aug. 23, 1958, Pub. L. 85–726, § 902(b)(1)–(4), 72 Stat. 784; Oct. 19, 1984, Pub. L. 98–499, § 6, 98 Stat. 2316; re- stated Nov. 18, 1988, Pub. L. 100–690, § 7209(a), 102 Stat. 4429. 46306(c)(1) .. 49 App.:1472(b)(4). 46306(c)(2) .. 49 App.:1472(b)(2) (1st sentence cl. (B)). 46306(c)(3) .. 49 App.:1472(b)(2) (last sentence). 46306(d) ...... 49 App.:1472(b)(3). 46306(e) ...... 49 App.:1472(b)(5). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(b)(5); added Oct. 27, 1986, Pub. L. 99–570, § 3401(a)(1), 100 Stat. 3207–99; Nov. 18, 1988, Pub. L. 100–690, § 7209(a), (b)(1), 102 Stat. 4429, 4432. In subsections (b)(9), (d), and (e), the word ‘‘Adminis- trator’’ in section 902(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on au- thority of 49:106(g). In subsection (b), before clause (1), the words ‘‘Except as provided by subsection (c) of this section’’ are added for clarity. The words ‘‘It shall be unlawful for any per- son’’ and ‘‘upon conviction’’ are omitted as surplus. The words ‘‘fined under title 18’’ are substituted for ‘‘a fine of not more than $15,000’’ for consistency with title 18. In clause (1), the words ‘‘counterfeit’’ and ‘‘falsely make’’ are omitted as surplus. In clause (4), the words ‘‘covering up’’, ‘‘representation’’, and ‘‘writing’’ are omitted as surplus. In clause (7), the word ‘‘valid’’ is omitted as surplus. In subsection (c)(2), before clause (A), the words ‘‘fined under title 18’’ are substituted for ‘‘a fine of not more than $25,000’’ for consistency with title 18. In subsection (d)(1) and (3), the words ‘‘Administrator of Drug Enforcement’’ are substituted for ‘‘Drug En- forcement Administration of the Department of Jus- tice’’ and ‘‘Drug Enforcement Administration’’ because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words ‘‘Commissioner of Customs’’ and ‘‘Commissioner’’ are substituted for ‘‘United States Customs Service’’ because of 19:2071. In subsection (d)(2)(A), the words ‘‘aircraft certificate of registration’’ are substituted for ‘‘registration’’ for consistency in this section. The words ‘‘counterfeited’’ and ‘‘falsely made’’ are omitted as surplus. In subsections (d)(2)(C)(ii) and (e), the words ‘‘aircraft certificate of registration’’ are substituted for ‘‘aircraft registration certificate’’ for consistency with 49 App.:1401, restated in chapter 441 of the revised title. In subsection (e), before clause (1), the words ‘‘this subsection or in any other provision of’’ are omitted as surplus. In clause (1), the words ‘‘counterfeits’’ and ‘‘falsely makes’’ are omitted as surplus. In clause (4)(A), the words ‘‘covering up’’ are omitted as surplus. Page 1556 TITLE 49—TRANSPORTATION § 46307 In clause (4)(B), the words ‘‘or representation’’ are omitted as surplus. In clause (4)(C), the words ‘‘writing or’’ are omitted as surplus. PUB. L. 104–287 This makes a clarifying amendment to 49:46306(c)(2)(B). Editorial Notes AMENDMENTS 1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted ‘‘that is’’ before ‘‘provided’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in subsec. (d)(1) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 46307. Violation of national defense airspace A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, impris- oned for not more than one year, or both. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1237.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46307 .......... 49 App.:1523. Aug. 23, 1958, Pub. L. 85–726, § 1203, 72 Stat. 800. The words ‘‘In addition to the penalties otherwise provided for by this chapter’’ are omitted as surplus. The word ‘‘prescribed’’ is added for consistency in the revised title. The words ‘‘fined under title 18’’ are sub- stituted for ‘‘a fine of not exceeding $10,000’’, and the words ‘‘shall be deemed guilty of a misdemeanor’’ are omitted, for consistency with title 18. The words ‘‘and upon conviction thereof’’ and ‘‘such fine and imprison- ment’’ are omitted as surplus. § 46308. Interference with air navigation A person shall be fined under title 18, impris- oned for not more than 5 years, or both, if the person— (1) with intent to interfere with air naviga- tion in the United States, exhibits in the United States a light or signal at a place or in a way likely to be mistaken for a true light or signal established under this part or for a true light or signal used at an air navigation facil- ity; (2) after a warning from the Administrator of the Federal Aviation Administration, con- tinues to maintain a misleading light or sig- nal; or (3) knowingly interferes with the operation of a true light or signal. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1238.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 46308 .......... 49 App.:1472(c). Aug. 23, 1958, Pub. L. 85–726, § 902(c), 72 Stat. 784. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. In this section, before clause (1), the words ‘‘fined under title 18’’ are substituted for ‘‘a fine of not exceed- ing $5,000’’ for consistency with title 18. The words ‘‘such fine and imprisonment’’ are omitted as surplus. In clause (1), the words ‘‘used at’’ are substituted for ‘‘in connection with’’ for clarity. The words ‘‘airport or other’’ are omitted as being included in the definition of ‘‘air navigation facility’’ in section 40102(a) of the re- vised title. In clause (2), the word ‘‘due’’ is omitted as surplus. The word ‘‘Administrator’’ in section 902(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). In clause (3), the words ‘‘removes, extinguishes, or’’ are omitted as surplus. § 46309. Concession and price violations (a) CRIMINAL PENALTY FOR OFFERING, GRANT- ING, GIVING, OR HELPING TO OBTAIN CONCESSIONS AND LOWER PRICES.—An air carrier, foreign air carrier, ticket agent, or officer, agent, or em- ployee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent, offi- cer, agent, or employee— (1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in viola- tion of this part; or (2) by any means knowingly and willfully as- sists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect. (b) CRIMINAL PENALTY FOR RECEIVING REBATES, PRIVILEGES, AND FACILITIES.—A person shall be fined under title 18 if the person by any means— (1) knowingly and willfully solicits, accepts, or receives a rebate of a part of a price law- fully in effect for the foreign air transpor- tation of property, or a service related to the foreign air transportation; or (2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be speci- fied in a currently effective tariff applicable to the foreign air transportation of property. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1238.)