§46317 — Title 49 Transportation | U.S. Code

Summary

Knowingly flying an aircraft in air transportation without a valid pilot certificate, or knowingly hiring or using someone to do so, is a crime. A person who does this can be fined under federal law, imprisoned for up to 3 years, or both. If the act involves transporting or helping with a controlled substance (the term has the meaning in 21 U.S.C. 802), the penalty is stiffer: a fine, up to 5 years in prison, or both, when the drug activity is punishable by death or by more than 1 year under federal or state law (excluding simple possession). Any prison time for the drug offense must be added on top of other prison sentences.

Title 49, §46317

Transportation — Source: USLM XML via OLRC

(a)An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual—

(1)knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman’s certificate authorizing the individual to serve in that capacity; or

(2)knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity.

(b)(1)In this subsection, the term “controlled substance” has the meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(2)An individual violating subsection (a) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and that transporting, aiding, or facilitating—

(A)is punishable by death or imprisonment of more than 1 year under a Federal or State law; or

(B)is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a law related to simple possession (as that term is used in section 46306(c)) of a controlled substance).

(3)A term of imprisonment imposed under paragraph (2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an

Effective Date

of 2000

Amendments

note under section 106 of this title.

§46317 Criminal penalty for pilots operating in air transportation without an airman’s certificate

Summary

Title 49, §46317

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata