§1151 — Title 49 Transportation | U.S. Code

Summary

The National Transportation Safety Board can bring a civil lawsuit in U.S. district court to enforce sections 1132, 1134(b) or (f)(1) (about aircraft accidents), 1136(g)(2), or 1155(a), and any rule or order made under those sections. The case can be filed where the person does business or where the violation happened. On the Board’s request, the Attorney General may bring or prosecute such a case, and the Board can join a case at the Attorney General’s request. If the Board or Attorney General sues an airman who was employed by an air carrier operating under part 121 of title 14 at the time of the accident or incident, the Board must immediately notify the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation. The notice must include the airman’s union (if any), the air carrier, the incident or accident docket, the date the suit was filed, and why the suit was filed. Within 15 days after that notice, the Board must report to or brief those committees on how the civil action is being followed.

Title 49, §1151

Transportation — Source: USLM XML via OLRC

(a)The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.

(b)On request of the Board, the Attorney General may bring a civil action in an appropriate court—

(1)to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and

(2)to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.

(c)On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.

(d)If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—

(1)the labor union representing the airman involved, if applicable;

(2)the air carrier at which the airman is employed;

(3)the docket information of the incident or accident in which the airman was involved;

(4)the date of such civil actions taken by the Board or Attorney General; and

(5)a description of why such civil actions were taken by the Board or Attorney General.

(e)Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1151(a)49 App.:1487(a) (related to CAB).Aug. 23, 1958, Pub. L. 85–726, §§ 1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796. 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. 1151(b)49 App.:1487(b) (related to CAB). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1151(c)49 App.:1488 (related to CAB). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). In this section, the words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “issued under this chapter” and “provisions of this chapter” because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. In subsections (a) and (b), the word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as being included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits. In subsection (a), the words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “An action under this subsection may be brought in the judicial district in which” are substituted for “for any district wherein” for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (b), before clause (1), the words “Attorney General” are substituted for “any district attorney of the United States” in 49 App.:1487(b) because of 28:509. The words “to whom the Board or Secretary of Transportation may apply” are omitted as surplus. The words “may bring a civil action” are substituted for “is authorized to institute . . . all necessary proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under the direction of the Attorney General” are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete. In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Editorial Notes

Amendments

2024—Subsecs. (d), (e). Pub. L. 118–63 added subsecs. (d) and (e). 2000—Pub. L. 106–181 inserted “1136(g)(2),” before “or 1155(a)” in subsecs. (a), (b)(1), and (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

§1151 Aviation enforcement