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49 U.S.C. § 44711Prohibitions and exemption

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 707 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bans operating aircraft, working as an airman, running an airline, employing uncertified airmen, or running an airport without the right FAA certificate, and bans breaking a certificate's terms. It also bans selling bad aviation fuel, dispatching outside approved locations, and other listed violations. The FAA can exempt foreign aircraft and crews except from air traffic rules, and separately bars hiring people convicted of trafficking counterfeit aviation parts or certain former FAA inspectors.

(a) Prohibitions. A person may not: (1) operate a civil aircraft in air commerce without a valid airworthiness certificate, or in violation of one; (2) serve as an airman on a civil aircraft, engine, propeller, or appliance used in air commerce without an airman certificate authorizing that role, or in violation of the certificate's terms or FAA rules; (3) employ an airman for civil aircraft service in air commerce who lacks the certificate needed for that role; (4) operate as an air carrier without an air carrier operating certificate, or in violation of its terms; (5) operate aircraft in air commerce in violation of FAA rules or certificates; (6) operate a U.S.-registered seaplane or other aircraft on the high seas against navigational rules under the International Navigational Rules Act of 1977; (7) violate the terms of an air agency, design organization, or production certificate, or related FAA rules; (8) operate an airport without an airport operating certificate, or in violation of its terms; (9) manufacture, sell, or offer aviation fuel or additives that violate FAA fuel rules; (10) work as an aircraft dispatcher outside a designated dispatching or flight-following center, except as section 44747 allows; or (11) violate section 44732 (the flight-deck personal device rule) or its regulations. (b) Exemption. On terms it decides serve the public interest, the FAA can exempt foreign aircraft and the airmen serving on them from subsection (a). But it can never grant an exemption from air traffic rules. (c) Prohibition on Employment of Convicted Counterfeit Part Traffickers. Anyone covered by this chapter may not knowingly hire someone to work on procuring, selling, making, or repairing an aviation part or material, or installing one on a civil aircraft, if that person has been convicted of a federal crime involving counterfeit or falsely-labeled aviation parts or material. (d) Post-employment Restrictions for Inspectors and Engineers. (1) A holder of a part 21 or 119 certificate may not knowingly hire, or make a deal letting someone act as its agent or representative before the FAA, if that person, in the past two years, (A) served as, or oversaw, a flight standards inspector, or an FAA employee responsible for certifying that certificate holder, and (B) had responsibility to inspect or oversee that holder's operations. (2) A person counts as acting as an agent or representative under (1) if they make any written or spoken communication to the FAA on the certificate holder's behalf about a particular matter — regardless of whether a specific party is involved, and regardless of whether the person previously worked on that matter.
the actual law source: uscode.house.gov ↗public domain
(a)Prohibitions.—

A person may not—

(1)

operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;

(2)

serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—

(A)

without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or

(B)

in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;

(3)

employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;

(4)

operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;

(5)

operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;

(6)

operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602);

(7)

violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;

(8)

operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate;

(9)

manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title;

(10)

work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or

(11)

violate section 44732 or any regulation issued thereunder.

(b)Exemption.—

On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.

(c)Prohibition on Employment of Convicted Counterfeit Part Traffickers.—

No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.

(d)Post-employment Restrictions for Inspectors and Engineers.—
(1)Prohibition.—

A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—

(A)

served as, or was responsible for oversight of—

(i)

a flight standards inspector of the Administration; or

(ii)

an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and

(B)

had responsibility to inspect, or oversee inspection of, the operations of such person.

(2)Written and oral communications.—

For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103–429, § 6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title V, § 505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L. 108–176, title II, § 227(d), Dec. 12, 2003, 117 Stat. 2532; Pub. L. 112–95, title III, §§ 307(b), 342(a), Feb. 14, 2012, 126 Stat. 61, 79; Pub. L. 116–260, div. V, title I, § 111(b), Dec. 27, 2020, 134 Stat. 2330; Pub. L. 118–63, title IV, § 420(a)(1), May 16, 2024, 138 Stat. 1164.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1193
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4385
  • 2000Amended · Pub. L. 106-181 · 114 Stat. 136
  • 2003Amended · Pub. L. 108-176 · 117 Stat. 2532
  • 2012Amended · Pub. L. 112-95 · 126 Stat. 61, 79
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2330
  • 2024Amended · Pub. L. 118-63 · 138 Stat. 1164

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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