§44106 Revocation of aircraft certificates for controlled substance violations

Summary

The FAA Administrator must cancel an aircraft owner’s registration if the aircraft was used to carry out or help with a serious drug crime (one punishable by death or by more than one year in prison under federal or state drug laws, but not for simple possession) and the owner let the aircraft be used knowing it would be for that crime. If the owner is a company or group, the owner is treated as knowing only if a majority of the people who control it or set its main policies knew and allowed the use. Controlled substance — has the meaning given in 21 U.S.C. 802. Before canceling a registration, the FAA must tell the holder the reasons and give them a chance to respond. The holder can appeal to the National Transportation Safety Board, which will hold a hearing and can keep or reverse the FAA’s order. An appeal pauses the cancellation unless the FAA says safety requires the order to be effective right away; if so, the Board must decide the appeal within 60 days. If the holder is later acquitted of all drug charges in the indictment or information from the activity, the FAA may not cancel (or must reissue a canceled certificate if the person is acquitted and otherwise meets the usual registration requirements under section 44102). Judicial review follows under the law.