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Title 49 — TransportationRelease 119-73not60

§46305 Actions to Recover Civil Penalties

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart iv— enforcement and penalties › Chapter 463— PENALTIES › § 46305

Last updated Apr 5, 2026|Official source

Summary

You can collect a civil penalty by suing the person, suing the aircraft if it has a lien, or doing both. The case should follow admiralty (maritime) court procedures as closely as possible. If more than $20 is at stake, a party may demand a jury for factual questions, except for penalties now imposed by the Secretary of Transportation that formerly were imposed by the Civil Aeronautics Board. Facts decided by a jury can be reexamined only under common law rules.

Full Legal Text

Title 49, §46305

Transportation — Source: USLM XML via OLRC

A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4630549 App.:1473(b)(1).Aug. 23, 1958, Pub. L. 85–726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, § 36, 92 Stat. 1741. 49 App.:1473(b)(4).Aug. 23, 1958, Pub. L. 85–726, § 903(b)(4), 72 Stat. 787. 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. The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The words “imposed or assessed” are omitted as surplus. The words “bringing a civil action” are substituted for “proceedings in personam”, the words “civil action in rem” are substituted for “proceedings in rem”, and the words “civil action” are substituted for “civil suits”, for consistency in the revised title and with other titles of the United States Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “regardless of the place an aircraft in a civil action in rem is seized” are substituted for 49 App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word “civil” is added after “involving a” for clarity. The words “(except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)” are substituted for “other than those assessed by the Board” because the Civil Aeronautics Board went out of existence and its duties and powers were transferred to the Secretary of Transportation.

Reference

Citations & Metadata

Citation

49 U.S.C. § 46305

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60