§46304 — Title 49 Transportation | U.S. Code

Summary

If the owner or pilot breaks certain safety rules, the airplane can be used to secure the civil fine. The plane can be seized quickly and held by someone named under Transportation Department or FAA rules. A report goes to the Attorney General. The Department of Justice must soon start a court case against the airplane to enforce the claim or say it will not. The airplane must be released when: (1) the fine is paid; (2) an agreed compromise is paid; (3) the aircraft is seized in a court action to enforce the claim; (4) the Attorney General says no court action will be taken; or (5) a bond, in the amount and with the guarantor the Secretary or Administrator sets, is deposited to cover payment.

Title 49, §46304

Transportation — Source: USLM XML via OLRC

(a)When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the owner of, or individual commanding, the aircraft, the aircraft is subject to a lien for the civil penalty.

(b)An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Secretary of Transportation (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). A report on the seizure shall be submitted to the Attorney General. The Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.

(c)An aircraft seized under subsection (b) of this section shall be released from custody when—

(1)the civil penalty is paid;

(2)a compromise amount agreed on is paid;

(3)the aircraft is seized under a civil action in rem to enforce the lien;

(4)the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or

(5)a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 46304(a)49 App.:1471(b).Aug. 23, 1958, Pub. L. 85–726, §§ 901(b), 903(b)(2), (3), 72 Stat. 784, 786. 46304(b)49 App.:1473(b)(2). 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 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. 46304(c)49 App.:1473(b)(3). 49 App.:1551(b)(1)(E). 49 App.:1655(c)(1). In this section, the word “civil” is added before “penalty” for consistency in the revised title and with other titles of the United States Code. In subsections (b) and (c), the word “Administrator” in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 786) is retained on authority of 49:106(g). The words “Attorney General” are substituted for “United States attorney for the judicial district in which the seizure is made” and “United States attorney” because of 28:503 and 509. In subsection (b), the words “report on the seizure” are substituted for “report of the cause” for clarity. The words “bring a civil action in rem” are substituted for “institute proceedings” for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “that the action will not be brought” are substituted for “of his failure to so act” for clarity. In subsection (c)(3), the words “under a civil action in rem” are substituted for “in pursuance of process of any court in proceedings in rem” to eliminate unnecessary words and for consistency.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254 substituted “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 “or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator”. 2003—Subsec. (a). Pub. L. 108–176 struck out “, (2), or (3)” after “section 46301(a)(1)(A)–(C)”.

Statutory Notes and Related Subsidiaries

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.

§46304 Liens on aircraft