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49 USC Sec. 46306 01/08/2008EXPCITE
TITLE 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iv - enforcement and penalties CHAPTER 463 - PENALTIESHEAD
Sec. 46306. Registration violations involving aircraft not providing air transportationSTATUTE
(a) Application. - This section applies only to aircraft not used to provide air transportation. (b) General Criminal Penalty. - Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person - (1) knowingly and willfully forges or alters a certificate authorized to be issued under this part; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; (4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry; (5) owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when - (A) the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked; or (B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; (6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title knowing that - (A) the aircraft is not registered under section 44103 of this title; (B) the certificate of registration is suspended or revoked; or (C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; (7) knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman's certificate authorizing the individual to serve in that capacity; (8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman's certificate authorizing the individual to serve in that capacity; or (9) operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal Aviation Administration. (c) Controlled Substance Criminal Penalty. - (1) In this subsection, "controlled substance" has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802). (2) A person violating subsection (b) of this section shall be fined under title 18, 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 the transporting, aiding, or facilitating - (A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or (B) that is provided is related to an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance). (3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual. (d) Seizure and Forfeiture. - (1) The Administrator of Drug Enforcement or the Commissioner of Customs may seize and forfeit under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation. (2) An aircraft's use is presumed to have been related to a violation of, or to aid or facilitate a violation of - (A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered; (B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration; (C) subsection (b)(4) of this section if - (i) the aircraft is registered to a false or fictitious person; or (ii) the application form used to obtain the aircraft certificate of registration contains a material false statement; (D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or (E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered - (i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or (ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft. (3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection. (e) Relationship to State Laws. - This part does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that - (1) knowingly and willfully forges or alters an aircraft certificate of registration; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or (4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by - (A) knowingly and willfully falsifying or concealing a material fact; (B) making a false, fictitious, or fraudulent statement; or (C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.SOURCE
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104-287, Sec. 5(78), Oct. 11, 1996, 110 Stat. 3397.)HISTORICAL AND REVISION NOTES
PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 46306(a) 49 App.:1303 (note). Nov. 18, 1988, Pub. L. 100-690, Sec. 7214, 102 Stat. 4434. 46306(b) 49 App.:1472(b)(1), Aug. 23, 1958, Pub. L. (2) (1st sentence 85-726, Sec. 902(b)(1)-(4), cl. (A)). 72 Stat. 784; Oct. 19, 1984, Pub. L. 98-499, Sec. 6, 98 Stat. 2316; restated Nov. 18, 1988, Pub. L. 100-690, Sec. 7209(a), 102 Stat. 4429. 46306(c)(1) 49 App.:1472(b)(4). 46306(c)(2) 49 App.:1472(b)(2) (1st sentence cl. (B)). 46306(c)(3) 49 App.:1472(b)(2) (last sentence). 46306(d) 49 App.:1472(b)(3). 46306(e) 49 App.:1472(b)(5). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 902(b)(5); added Oct. 27, 1986, Pub. L. 99-570, Sec. 3401(a)(1), 100 Stat. 3207-99; Nov. 18, 1988, Pub. L. 100-690, Sec. 7209(a), (b)(1), 102 Stat. 4429, 4432. -------------------------------------------------------------------- In subsections (b)(9), (d), and (e), the word "Administrator" in section 902(b) of the Federal Aviation Act of 1958 (Public Law 85- 726, 72 Stat. 784) is retained on authority of 49:106(g). In subsection (b), before clause (1), the words "Except as provided by subsection (c) of this section" are added for clarity. The words "It shall be unlawful for any person" and "upon conviction" are omitted as surplus. The words "fined under title 18" are substituted for "a fine of not more than $15,000" for consistency with title 18. In clause (1), the words "counterfeit" and "falsely make" are omitted as surplus. In clause (4), the words "covering up", "representation", and "writing" are omitted as surplus. In clause (7), the word "valid" is omitted as surplus. In subsection (c)(2), before clause (A), the words "fined under title 18" are substituted for "a fine of not more than $25,000" for consistency with title 18. In subsection (d)(1) and (3), the words "Administrator of Drug Enforcement" are substituted for "Drug Enforcement Administration of the Department of Justice" and "Drug Enforcement Administration" because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs" and "Commissioner" are substituted for "United States Customs Service" because of 19:2071. In subsection (d)(2)(A), the words "aircraft certificate of registration" are substituted for "registration" for consistency in this section. The words "counterfeited" and "falsely made" are omitted as surplus. In subsections (d)(2)(C)(ii) and (e), the words "aircraft certificate of registration" are substituted for "aircraft registration certificate" for consistency with 49 App.:1401, restated in chapter 441 of the revised title. In subsection (e), before clause (1), the words "this subsection or in any other provision of" are omitted as surplus. In clause (1), the words "counterfeits" and "falsely makes" are omitted as surplus. In clause (4)(A), the words "covering up" are omitted as surplus. In clause (4)(B), the words "or representation" are omitted as surplus. In clause (4)(C), the words "writing or" are omitted as surplus. PUB. L. 104-287 This makes a clarifying amendment to 49:46306(c)(2)(B). AMENDMENTS 1996 - Subsec. (c)(2)(B). Pub. L. 104-287 inserted "that is" before "provided". EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-287 effective July 5, 1994, see section 8(1) of Pub. L. 104-287, set out as a note under section 5303 of this title.TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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