Title 49, TransportationRelease 119-110

§46309 Concession and Price Violations

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart iv — enforcement and penalties › CHAPTER 463 — PENALTIES › § 46309

Last updated Sep 22, 2026|Official source

Summary

Makes it a crime for air carriers, foreign air carriers, ticket agents, or their officers, agents, or employees to intentionally give, offer, or help give rebates, discounts, or other concessions that break the rules, or to let someone get transportation or services for less than the lawful price. People who do this can be charged and fined under Title 18. It is also a crime for anyone to knowingly ask for or accept a rebate from the lawful price for international air transport of goods or related services, or to take special benefits or access tied to items the Secretary of Transportation requires be listed in a current tariff. Those people can be fined under Title 18.

Full Legal Text

Title 49, §46309

Transportation, Source: USLM XML via OLRC

(a)Criminal Penalty for Offering, Granting, Giving, or Helping To Obtain Concessions and Lower Prices.—
An air carrier, foreign air carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent, officer, agent, or employee—
(1)knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or
(2)by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect.
(b)Criminal Penalty for Receiving Rebates, Privileges, and Facilities.—
A person shall be fined under title 18 if the person by any means—
(1)knowingly and willfully solicits, accepts, or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service related to the foreign air transportation; or
(2)knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently effective tariff applicable to the foreign air transportation of property.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 46309(a)49 App.:1472(d)(1).Aug. 23, 1958, Pub. L. 85–726, § 902(d)(1), 72 Stat. 785; Jan. 3, 1975, Pub L. 93–623, § 8(b), 88 Stat. 2105. 46309(b)49 App.:1472(d)(2).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(d)(2); added Jan. 3, 1975, Pub. L. 93–623, § 8(b), 88 Stat. 2106. 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. In this section, the words “fined under title 18” are substituted for “a fine of not less than $100 and not more than $5,000” and “fined not less than $100, nor more than $5,000” for consistency with title 18. The words “for each offense” are omitted as surplus. The words “fares, or charges” are omitted as surplus because of the definition of “rate” in section 40102(a) of the revised title. In subsection (a), before clause (1), the word “representative” is omitted as surplus. The words “shall be deemed guilty of a misdemeanor” are omitted as superseded by 18:3559. The words “and, upon conviction thereof” are omitted as surplus. In clause (2), the words “device or” and “suffer or” are omitted as surplus. In subsection (b), before clause (1), the words “by any means” are substituted for “in any manner or by any device” for consistency in this section and to eliminate unnecessary words. In clauses (1) and (2), the word “foreign” is added for clarity because only foreign air transportation has regulated prices. In clause (1), the word “rebate” is substituted for “refund or remittance” for consistency in this section. In clause (2), the word “favor” is omitted as being included in “privilege”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 46309

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110