§44902 — Title 49 Transportation | U.S. Code

Summary

TSA must make rules that require airlines, including within-state and foreign carriers, to not let a person on a plane or carry a passenger’s property if the person refuses a security search for weapons, explosives, or other destructive items. Under TSA rules, an airline may also refuse to carry any person or property it thinks could be dangerous. By agreeing to air transport, a passenger accepts they can be denied carriage if they refuse these required searches.

Title 49, §44902

Transportation — Source: USLM XML via OLRC

(a)The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—

(1)a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or

(2)property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.

(b)Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.

(c)An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44902(a)49 App.:1511(a) (1st sentence).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1111; added Sept. 5, 1961, Pub. L. 87–197, § 4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L. 93–366, § 204, 88 Stat. 418. 44902(b)49 App.:1511(a) (last sentence). 44902(c)49 App.:1511(b). In this section, the word “passenger” is substituted for “person” for consistency in the revised title. In subsection (a)(1), the words “of his person” are omitted as surplus. In subsection (a)(2), the words “or inspection” are omitted as surplus. In subsection (b), the words “reasonable” and “also” are omitted as surplus. The word “rules” is omitted as being synonymous with “

Regulations

”. The words “the carrier decides is” are substituted for “when, in the opinion of the carrier, such transportation would” to eliminate unnecessary words. The words “of flight” are omitted as surplus. In subsection (c), the words “for compensation or hire” are omitted because of the definitions of “air transportation” and “intrastate air transportation” in section 40102(a) of the revised title. The word “inspect” is omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(2)(A), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in introductory provisions. Subsec. (b). Pub. L. 115–254, § 1991(d)(2)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”. 2001—Subsec. (a). Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions. Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”.

§44902 Refusal to transport passengers and property