PRIA, Government Policy, Made Personal

Summary

The FAA must cancel an aircraft owner’s registration if the plane was used to help commit a drug crime that can be punished by death or by more than one year in prison (not counting simple possession), and the owner let the plane be used knowing it would be used that way. “Controlled substance” means what that term means in 21 U.S.C. 802. If the owner is a company, the FAA can only find the company knew if a majority of the people who control it or set its main policies knew and allowed the use. Before canceling a certificate, the FAA must tell the owner the reasons and give the owner a chance to respond. The owner can appeal to the National Transportation Safety Board, which will hold a hearing and may affirm or reverse the FAA. An appeal pauses the FAA’s cancellation unless the FAA says safety requires immediate effect; in that case the cancellation stays in effect and the Board must decide within 60 days. If the owner is later acquitted of all related drug charges, the FAA cannot revoke (or the Board cannot uphold a revocation), and the FAA must reissue a registration if the person otherwise meets the requirements in section 44102.

Title 49, §44106

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(a)Definition.—

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

(b)Revocations.—

(1)The Administrator of the Federal Aviation Administration shall issue an order revoking the certificate of registration for an aircraft issued to an owner under section 44103 of this title and any other certificate of registration that the owner of the aircraft holds under section 44103, if the Administrator finds that—

(A)the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance); and

(B)the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph.

(2)An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A).

(c)Advice to Holders and Opportunity To Answer.—

Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator shall—

(1)advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and

(2)provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked.

(d)Appeals.—

(1)A person whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and a hearing on the record. In conducting the hearing, the Board is not bound by the findings of fact of the Administrator.

(2)When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—

(A)the order remains effective; and

(B)the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph.

(3)A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under section 46110 of this title. The Administrator shall be made a party to that judicial proceeding.

(e)Acquittal.—

(1)The Administrator may not revoke, and the Board may not affirm a revocation of, a certificate of registration under this section on the basis of an activity described in subsection (b)(1)(A) of this section if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.

(2)If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if the person—

(A)subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and

(B)otherwise meets the requirements of section 44102 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44106(a)49 App.:1401(e)(2)(C).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 501(e)(2)(A)– (C), (F); added Oct. 19, 1984, Pub. L. 98–499, § 4(a), 98 Stat. 2314, 2315. 44106(b)49 App.:1401(e)(2)(A) (less last sentence). 44106(c)49 App.:1401(e)(2)(B) (1st sentence). 44106(d)49 App.:1401(e)(2)(B) (2d–last sentences). 44106(e)49 App.:1401(e)(2)(A) (last sentence), (F). In subsection (b)(2), the words “knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection” are substituted for “with knowledge of such intended use” for clarity.

§44106 Revocation of Aircraft Certificates for Controlled Substance Violations

Summary

Title 49, §44106

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata