PRIA, Government Policy, Made Personal

Summary

The head of the Transportation Security Administration must write rules that require airlines — U.S., intrastate, and foreign carriers — to refuse to carry any passenger who will not agree to a search for weapons, explosives, or other dangerous items, and to refuse property if the owner won’t allow such a search. Under those rules, airlines may also refuse to carry anyone or anything they think might threaten safety. By flying with an airline, a passenger is treated as agreeing to those searches; refusing a required search can be a reason not to be carried.

Title 49, §44902

Transportation, Source: USLM XML via OLRC

(a)Mandatory Refusal.—

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)Permissive Refusal.—

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)Agreeing to Consent to Search.—

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