CITE
49 USC Sec. 46317 01/08/2008
EXPCITE
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iv - enforcement and penalties
CHAPTER 463 - PENALTIES
HEAD
Sec. 46317. Criminal penalty for pilots operating in air
transportation without an airman's certificate
STATUTE
(a) General Criminal Penalty. - 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) Controlled Substance Criminal Penalty. -
(1) Controlled substances defined. - 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) Criminal penalty. - 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) Terms of imprisonment. - 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.
SOURCE
(Added Pub. L. 106-181, title V, Sec. 509(a), Apr. 5, 2000, 114
Stat. 141.)
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.