§44711 — Title 49 Transportation | U.S. Code

Summary

You may not operate, run, or work on civil aircraft, airlines, or airports in ways that break FAA certificates or rules. That includes flying an aircraft in commercial service without an airworthiness certificate, serving or hiring people who do not have the right airman certificates, running an air carrier or airport without the proper operating certificate, breaking FAA safety or air-traffic rules, selling fuel or additives that violate FAA rules, or working as a dispatcher outside an approved dispatch center. It also bans violating the rules in section 44732 and similar FAA orders. The head of the FAA can excuse foreign aircraft and their crew from many of these bans if it is in the public interest, but not from air-traffic rules. No one covered by these rules may knowingly hire a person convicted of federal crimes about fake aviation parts to work on buying, making, fixing, or installing parts. Holders of certificates under parts 21 or 119 of the FAA rules may not let someone act as their agent before the FAA if, in the past 2 years, that person was a flight-standards inspector or a certification employee who inspected or oversaw inspections of the holder; “acting as an agent” means any written or spoken communication to the FAA about a particular matter.

Title 49, §44711

Transportation — Source: USLM XML via OLRC

(a)A person may not—

(1)operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;

(2)serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—

(A)without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or

(B)in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of section 44702–44716 of this title;

(3)employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;

(4)operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;

(5)operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of section 44702–44716 of this title;

(6)operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602);

(7)violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of section 44702–44716 of this title related to the holder of the certificate;

(8)operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate;

(9)manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title;

(10)work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or

(11)violate section 44732 or any regulation issued thereunder.

(b)On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.

(c)No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.

(d)(1)A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—

(A)served as, or was responsible for oversight of—

(i)a flight standards inspector of the Administration; or

(ii)an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and

(B)had responsibility to inspect, or oversee inspection of, the operations of such person.

(2)For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 44711(a)(1)49 App.:1430(a)(1).Aug. 23, 1958, Pub. L. 85–726, § 610(a)(1)–(5), (b), 72 Stat. 780. 44711(a)(2)49 App.:1430(a)(2). 44711(a)(3)49 App.:1430(a)(3). 44711(a)(4)49 App.:1430(a)(4). 44711(a)(5)49 App.:1430(a)(5). 44711(a)(6)49 App.:1430(a)(6).Aug. 23, 1958, Pub. L. 85–726, § 610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(A), 84 Stat. 235. 44711(a)(7)49 App.:1430(a)(7).Aug. 23, 1958, Pub. L. 85–726, § 610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705. 44711(a)(8)49 App.:1430(a)(8).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(8); added May 21, 1970, Pub. L. 91–258, § 51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97–248, § 525(d), 96 Stat. 697. 44711(a)(9)49 App.:1430(a)(9).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(9); added Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, § 15(b)(2), 91 Stat. 1283. 44711(b)49 App.:1430(b). 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 subsection (a)(1) and (7), the words “condition, or limitation” are omitted as being included in “term”. In subsection (a)(1), the words “without . . . in effect” are substituted for “for which there is not currently in effect an” to eliminate unnecessary words. In subsection (a)(2), (5), and (7), the word “rule” is omitted as being synonymous with “

Regulations

”. In subsection (a)(2)(B), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. In subsection (a)(5) and (7), the words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code. In subsection (a)(5), the words “of the Secretary of Transportation” are omitted as surplus. In subsection (a)(6), the words “proclaimed by the President” are omitted as surplus. The words “section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602)” are substituted for “section 143 of title 33” because the section was part of the Act of

October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed by section 3 of the Act of

September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. In subsection (a)(7), the words “holding . . . such certificate” are omitted because of the restatement. In subsection (a)(8), the words “by the Administrator” are omitted as surplus. In subsection (b), the word “Administrator” in section 610(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 780) is retained on authority of 49:106(g). The words “to the extent, and . . . and conditions” and “by such airmen” are omitted as surplus. Pub. L. 103–429This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.

Editorial Notes

Amendments

2024—Subsec. (a)(10), (11). Pub. L. 118–63 added par. (10) and redesignated former par. (10) as (11). 2020—Subsec. (d). Pub. L. 116–260 amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions for flight standards inspectors. 2012—Subsec. (a)(10). Pub. L. 112–95, § 307(b), added par. (10). Subsec. (d). Pub. L. 112–95, § 342(a), added subsec. (d). 2003—Subsec. (a)(7). Pub. L. 108–176 substituted “agency, design organization certificate,” for “agency”. 2000—Subsec. (c). Pub. L. 106–181 added subsec. (c). 1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted “any of sections” before “44702–44716”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 Amendment Pub. L. 112–95, title III, § 342(b), Feb. 14, 2012, 126 Stat. 80, provided that: “The amendment made by subsection (a) [amending this section] shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act [Feb. 14, 2012].”

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

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.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Regulations

Pub. L. 118–63, title IV, § 420(a)(2),

May 16, 2024, 138 Stat. 1164, provided that: “Not later than 1 year after the date of enactment of this Act [

May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue

Regulations

requiring persons to comply with section 44711(a)(10) of title 49, United States Code (as added by paragraph (1)).”

§44711 Prohibitions and exemption

Summary

Title 49, §44711

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Regulations

Regulations

Citations & Metadata