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CITE

    49 USC Sec. 46306                                           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. 46306. Registration violations involving aircraft not
      providing air transportation

STATUTE

      (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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