§46301 Civil penalties

The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Pub. L. 110–161, which was approved Dec. 26, 2007. The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (d)(4)(A), (8), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

2024—Subsec. (a)(1). Pub. L. 118–63, § 507(a), substituted “$75,000” for “$25,000” in introductory provisions. Subsec. (a)(1)(A). Pub. L. 118–63, § 770(b)(1), inserted “section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”. Pub. L. 118–63, § 504(b), substituted “chapter 423 (except section 42306)” for “chapter 423”. Subsec. (a)(6). Pub. L. 118–63, § 1101(t)(1), substituted “Failure to collect airport security badges” for “Failure To Collect Airport Security Badges” in heading. Subsec. (a)(7). Pub. L. 118–63, § 1101(t)(2), substituted “Penalties relating to harm to passengers with disabilities” for “Penalties Relating to Harm to Passengers With Disabilities” in heading. Subsec. (a)(8). Pub. L. 118–63, § 770(b)(2), added par. (8). Subsec. (d)(2). Pub. L. 118–63, § 371, inserted “section 42121,” before “chapter 441”. Subsec. (d)(4)(A). Pub. L. 118–63, § 345(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “the amount in controversy is more than— “(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;”. Subsec. (d)(8). Pub. L. 118–63, § 345(2), added par. (8) and struck out former par. (8) which read as follows: “The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is— “(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act; “(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or “(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.” 2018—Subsec. (a)(1)(A). Pub. L. 115–254, § 372(e)(1), inserted “chapter 448,” after “chapter 447 (except section 44717 and 44719–44723),”. Subsec. (a)(5)(A)(i). Pub. L. 115–254, § 1991(g)(1)(A)(i), substituted “chapter 451” for “or chapter 451”. Pub. L. 115–254, § 372(e)(2), inserted “chapter 448,” after “chapter 447 (except section 44717–44723),”. Subsec. (a)(5)(D). Pub. L. 115–254, § 1991(g)(1)(A)(ii), inserted “of Transportation” after “Secretary”. Subsec. (a)(7). Pub. L. 115–254, § 436, added par. (7). Subsec. (d)(2). Pub. L. 115–254, § 1991(g)(1)(B)(i), substituted “defined by the Secretary of Transportation” for “defined by the Secretary” and “Administrator of the Federal Aviation Administration shall” for “Administrator shall”. Pub. L. 115–254, § 372(e)(3), inserted “chapter 448,” after “chapter 447 (except section 44717 and 44719–44723),”. Subsec. (d)(3) to (7). Pub. L. 115–254, § 1991(g)(1)(B)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing. Subsec. (d)(8). Pub. L. 115–254, § 1991(g)(1)(B)(ii), (iii), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” and “Administrator of the Federal Aviation Administration” for “Administrator” in introductory provisions. Subsec. (e). Pub. L. 115–254, § 1991(g)(1)(C), inserted “of Transportation” after “Secretary” in introductory provisions. Subsec. (f)(1)(A)(i). Pub. L. 115–254, § 372(e)(4), inserted “chapter 448,” after “chapter 447 (except section 44717 and 44719–44723),”. Subsec. (g). Pub. L. 115–254, § 1991(g)(1)(D), substituted “Administrator of the Federal Aviation Administration” for “Administrator”. Subsec. (h)(2). Pub. L. 115–254, § 1991(g)(1)(E), substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator”. 2016—Subsec. (d)(2). Pub. L. 114–190 inserted “section 46320,” after “section 46319,”. 2014—Subsec. (d)(2). Pub. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”. 2012—Subsec. (a)(1)(A). Pub. L. 112–95, § 803(1), inserted “chapter 451,” before “section 47107(b)”. Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”. Subsec. (a)(5)(A)(i). Pub. L. 112–95, § 803(2)(B), inserted “, or chapter 451” after “44907–44909)”. Pub. L. 112–95, § 803(2)(A), which directed the substitution of “chapter 449” for “or chapter 449”, could not be executed because of the prior amendment by Pub. L. 112–74, § 564(a). See 2011 Amendment note below. Subsec. (c)(1)(A). Pub. L. 112–95, § 415(b), inserted “chapter 423,” after “chapter 421,”. Subsec. (d)(2). Pub. L. 112–95, § 803(3), substituted “44723), chapter 451,” for “44723) or”, “section 46302” for “46302”, “section 46318, section 46319, or section 47107(b)” for “46318, or 47107(b)” in first sentence , and “section 46302” for “46302”, “or section 46303 of this title” for “46303,”, and “any of those provisions” for “such chapter 449” in second sentence. Subsec. (f)(1)(A)(i). Pub. L. 112–95, § 803(4), substituted “chapter 449” for “or chapter 449” and inserted “, or chapter 451” after “44909)”. 2011—Subsec. (a)(5)(A)(i). Pub. L. 112–74 substituted “chapter 449” for “or chapter 449” and inserted “, or section 46314(a)” after “44909)”. 2007—Subsec. (a)(4). Pub. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”. Subsec. (a)(6). Pub. L. 110–161 added par. (6). 2004—Subsec. (d)(2). Pub. L. 108–458, § 4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”, “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”, “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”, and “The Secretary of Homeland Security or” for “The Under Secretary or”. Subsec. (d)(3). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”. Subsec. (d)(4). Pub. L. 108–458, § 4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions. Subsec. (d)(4)(A). Pub. L. 108–458, § 4027(a)(4), realigned margins. 2003—Subsec. (a)(1). Pub. L. 108–176, § 503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions. Subsec. (a)(1)(A). Pub. L. 108–176, § 503(a)(2), (3), struck out “or” before “section 47107(b)” and substituted “section), or section 47133” for “section)”. Subsec. (a)(2). Pub. L. 108–176, § 503(a)(5), substituted “section 41719” for “section 41715” in two places. Pub. L. 108–176, § 503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating— “(A) chapter 401 (except section 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except section 44717–44723), or chapter 449 (except section 44902, 44903(d), 44904, and 44907–44909) of this title; or “(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.” Subsec. (a)(3). Pub. L. 108–176, § 503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to “(A) the transportation of hazardous material; “(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation; “(C) a violation of section 44718(d), relating to the limitation on

or establishment of landfills; “(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or “(E) a violation of section 41705, relating to discrimination against handicapped individuals.” Subsec. (a)(4). Pub. L. 108–176, § 503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”. Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2). Subsec. (a)(5). Pub. L. 108–176, § 503(a)(7), added par. (5). Former par. (5) redesignated (3). Subsec. (a)(6). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.” Subsec. (a)(7). Pub. L. 108–176, § 503(a)(4), struck out heading and text of par. (7). Text read as follows: “Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.” Subsec. (a)(8). Pub. L. 108–176, § 503(a)(4), redesignated par. (8) as (4). Subsec. (d)(4)(A). Pub. L. 108–176, § 503(b)(1), substituted “more than—” for “more than $50,000;” and added cls. (i) to (iii). Subsec. (d)(8). Pub. L. 108–176, § 503(b)(2), substituted “is—” for “is $50,000.” and added subpars. (A) to (C). Subsec. (i). Pub. L. 108–176, § 503(c), added subsec. (i). 2002—Subsec. (a)(8). Pub. L. 107–296 added par. (8). 2001—Subsec. (d)(2). Pub. L. 107–71, § 140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”. Pub. L. 107–71, § 140(d)(1)(B), inserted after first sentence “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except section 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.” Pub. L. 107–71, § 140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out “, chapter 449 (except section 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”, was executed by striking out “, chapter 449 (except section 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),” before “or section 46301(b)”, to reflect the probable intent of Congress. Subsec. (d)(3), (4). Pub. L. 107–71, § 140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”. Subsec. (d)(8). Pub. L. 107–71, § 140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”. Subsec. (h)(2). Pub. L. 107–71, § 140(d)(4), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”. 2000—Subsec. (a)(1)(A). Pub. L. 106–181, §§ 519(c), 720(1), substituted “subchapter II or III of chapter 421” for “subchapter II of chapter 421” and struck out “46302, 46303, or” before “47107(b) (including”. Subsec. (a)(3)(C). Pub. L. 106–181, § 503(c), added subpar. (C). Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§ 504(b), 707(b), added subpars. (D) and (E). Subsec. (a)(6). Pub. L. 106–181, § 222(b), inserted heading and realigned margins. Subsec. (a)(7). Pub. L. 106–181, § 222(a), added par. (7). Subsec. (d)(2). Pub. L. 106–424 substituted “46301(b), 46302, 46303, 46318,” for “46302, 46303,”. Subsec. (d)(7)(A). Pub. L. 106–181, § 720(2), substituted “a penalty on a person” for “a penalty on an individual”. Subsec. (g). Pub. L. 106–181, § 720(3), inserted “or the Administrator” after “Secretary”. 1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§ 502(c), 1220(b). See 1996 Amendment notes below. 1996—Subsec. (a)(1)(A). Pub. L. 104–287, § 5(77)(A)(iii), (iv), inserted “or” after “46303,” and struck out “, or 41715” after “under such section)”. Pub. L. 104–287, § 5(77)(A)(ii), substituted “section 44502(b) or (c), chapter 447 (except section 44717 and 44719–44723), chapter 449 (except section 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section” for “or any of section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”. Pub. L. 104–287, § 5(77)(A)(i), substituted “chapter 413 (except section 41307 and 41310(b)–(f)), chapter 415 (except section 41502, 41505, and 41507–41509), chapter 417 (except section 41703, 41704, 41710, 41713, and 41714),” for “any of section 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”. Pub. L. 104–264, § 1220(b), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102. Pub. L. 104–264, § 502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102. Subsec. (a)(2)(A). Pub. L. 104–287, § 5(77)(B), substituted “, section 44502(b) or (c), chapter 447 (except section 44717–44723), or chapter 449 (except section 44902, 44903(d), 44904, and 44907–44909)” for “or any of section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938”. Pub. L. 104–264, § 502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Pub. L. 105–102. Subsec. (a)(3). Pub. L. 104–287, § 5(77)(C), realigned margins of subpars. (A) and (B). Subsec. (a)(5). Pub. L. 104–264, § 804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.” Subsec. (c)(1)(A). Pub. L. 104–287, § 5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”. Pub. L. 104–287, § 5(77)(D)(i), substituted “chapter 413 (except section 41307 and 41310(b)–(f)), chapter 415 (except section 41502, 41505, and 41507–41509), chapter 417 (except section 41703, 41704, 41710, 41713, and 41714),” for “any of section 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”. Subsec. (d)(2). Pub. L. 104–287, § 5(77)(E), substituted “section 44502(b) or (c), chapter 447 (except section 44717 and 44719–44723), chapter 449 (except section 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section” for “or any of section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”. Pub. L. 104–264, § 1220(b), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102. Pub. L. 104–264, § 502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102. Subsec. (f)(1)(A)(i). Pub. L. 104–287, § 5(77)(F), substituted “section 44502(b) or (c), chapter 447 (except section 44717 and 44719–44723), or chapter 449 (except section 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)” for “or any of section 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”. Pub. L. 104–264, § 1220(b), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102. Pub. L. 104–264, § 502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102. 1994—Subsec. (a)(1)(A). Pub. L. 103–429, § 6(60)(A), substituted “any of section 41301–41306” for “section 41301–41306” and “any of section 44701(a)” for “section 44701(a)”. Pub. L. 103–305, § 207(c)(1), inserted “, or 41715” before “of this title”. Pub. L. 103–305, § 112(c)(1)(A), substituted “46303, 47107(b) (including any assurance made under such section)” for “or 46303”. Subsec. (a)(2)(A). Pub. L. 103–429, § 6(60)(B), substituted “any of section 44701(a)” for “section 44701(a)”. Subsec. (a)(4). Pub. L. 103–305, § 207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places. Subsec. (a)(5). Pub. L. 103–305, § 112(c)(1)(B), added par. (5). Subsec. (a)(6). Pub. L. 103–305, § 207(c)(3), added par. (6). Subsec. (c)(1)(A). Pub. L. 103–429, § 6(60)(C), substituted “any of section 41301–41306” for “section 41301–41306”. Subsec. (d)(2). Pub. L. 103–429, § 6(60)(B), substituted “any of section 44701(a)” for “section 44701(a)”. Pub. L. 103–305, § 112(c)(2), substituted “46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))” for “or 46303”. Subsec. (d)(7)(D). Pub. L. 103–305, § 112(c)(3), added subpar. (D). Subsec. (f)(1)(A)(i). Pub. L. 103–429, § 6(60)(B), substituted “any of section 44701(a)” for “section 44701(a)”.

of 2024 AmendmentAmendment by section 504(b) of Pub. L. 118–63 effective 1 year after May 16, 2024, see section 504(d) of Pub. L. 118–63, set out as an

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.

of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

note under section 101 of Title 6, Domestic Security.

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.

of 1997 Amendment Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

of 1996

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. Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title. Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

of 1994

Amendment 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. Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an

note under section 41719 of this title. Conforming

Pub. L. 118–63, title V, § 507(c), May 16, 2024, 138 Stat. 1193, provided that: “The Secretary [of Transportation] shall revise such

as necessary to conform to the amendment made by subsection (a) [amending this section].”

agencies, shall provide annually an annual [sic] briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] regarding—“(1) the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States; “(2) the number of civil or criminal

actions taken by the Federal Aviation Administration, the Department of Transportation, or another Federal agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties imposed on violators; “(3) the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal

action; and “(4) any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal agencies or local law

agencies, to deter the type of activity described in paragraph (1). “(b) Civil Penalties.—The Administrator shall revise the maximum civil penalty that may be imposed on an individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000. “(c) Report Sunset.—Subsection (a) shall cease to be effective after September 30, 2028.”