49 U.S.C. § 44106 — Revocation of aircraft certificates for controlled substance violations

(a) Definition. In this section, "controlled substance" has the same meaning as in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 802). (b) Revocations. (1) The FAA Administrator must order the revocation of an aircraft's certificate of registration issued to its owner under section 44103 — and any other certificate of registration that owner holds under section 44103 — if the Administrator finds that: (A) the aircraft was used to carry out or help an activity punishable by death or more than one year in prison under a federal or state drug law (except a law about simple possession); and (B) the owner allowed the aircraft to be used, knowing it would be used for that activity. (2) If the aircraft's owner is not an individual (for example, a company), the owner is only treated as having knowingly permitted that use if a majority of the people who control the owner, or who set its major policy, knowingly permitted the use. (c) Advice to Holders and Opportunity To Answer. Before revoking a certificate under subsection (b), the Administrator must: (1) tell the certificate holder the charges or reasons behind the proposed revocation; and (2) let the holder answer those charges and explain why the certificate should not be revoked. (d) Appeals. (1) A person whose certificate is revoked may appeal to the National Transportation Safety Board. The Board must hold a hearing, with notice, and then affirm or reverse the revocation. The Board is not bound by the Administrator's findings of fact. (2) Filing an appeal automatically pauses (stays) the revocation order. But if the Administrator tells the Board that air-transportation or air-commerce safety requires the order to take effect right away, then: (A) the order stays in effect; and (B) the Board must decide the appeal within 60 days after the Administrator's notice. (3) A person substantially affected by the Board's decision may seek judicial review under section 46110 of this title. The Administrator must be made a party to that court case. (e) Acquittal. (1) The Administrator may not revoke — and the Board may not uphold a revocation of — a certificate based on the drug activity in (b)(1)(A) if the certificate holder is acquitted of all related drug charges in an indictment or information arising from that activity. (2) If the Administrator already revoked a certificate over that activity, the Administrator must reissue it if the person: (A) is later acquitted of all related drug charges; and (B) otherwise meets section 44102's requirements.