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Title 49 — TransportationRelease 119-73not60

§46317 Criminal Penalty for Pilots Operating in Air Transportation Without an Airman’s Certificate

Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part A— AIR COMMERCE AND SAFETY › Subpart iv— enforcement and penalties › Chapter 463— PENALTIES › § 46317

Last updated Apr 5, 2026|Official source

Summary

You can be fined or go to jail for up to 3 years, or both, if you intentionally act as a pilot in air transportation without the proper pilot certificate that lets you do that job, or if you knowingly hire or use someone as a pilot who does not have that certificate. Controlled substance: has the meaning given in 21 U.S.C. 802. If the illegal flying or hiring is tied to moving illegal drugs by aircraft or helping with that, and the drug crime is one that can be punished by death or more than 1 year in prison under federal or state law (not counting simple possession), the penalty can be a fine or up to 5 years in prison, or both. Any prison time under this drug rule must be served in addition to any other prison time the person receives.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 46317

Title 49 — Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60