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49 U.S.C. § 44902 — Refusal to transport passengers and property

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 199 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires carriers to refuse transportation when a passenger or property owner will not consent to required searches. It also permits refusal when the carrier decides a passenger or property may threaten safety.

(a) Mandatory refusal. The TSA Administrator must issue regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport (1) a passenger who will not consent to a search under section 44901(a) to determine whether the passenger unlawfully carries a dangerous weapon, explosive, or other destructive substance; or (2) a passenger’s property when the passenger will not consent to a search to determine whether the property unlawfully contains one of those items. (b) Permitted refusal. Subject to TSA regulations, a carrier may refuse to transport a passenger or property that the carrier decides is, or might be, harmful to safety. (c) Agreement to consent. An agreement by a carrier to carry passengers or property is treated as including an agreement that the passenger or property will not be carried if the required consent to search is not given.

the actual law source: uscode.house.gov ↗public domain
(a)Mandatory Refusal.—

The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—

(1)

a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or

(2)

property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.

(b)Permissive Refusal.—

Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.

(c)Agreeing to Consent to Search.—

An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(2), Oct. 5, 2018, 132 Stat. 3630.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1204
  • 2001Amended · Pub. L. 107-71 · 115 Stat. 603
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3630

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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