49 U.S.C. § 46301 — Civil penalties

(a) General Penalty. (1) A person is liable to the U.S. Government for a civil penalty of up to $75,000 — or up to $1,100 if the person is an individual or small business — for violating: (A) a long list of aviation chapters and sections covering safety, certification, and other rules (with specific carve-outs listed in the statute); (B) a rule, regulation, order, or certificate or permit term issued under any of those; (C) any term of a certificate or permit issued under section 41102, 41103, or 41302; or (D) a U.S. Postal Service rule issued under this part. (2) Each day a violation continues counts as a separate violation, and so does each flight involved, where that applies — except for violations of section 41719. (3) Diverting airport revenue: for a violation of section 47107(b) or 47133 involving misused revenue, the penalty can be raised above the normal maximum, up to 3 times the amount of revenue misused. (4) Aviation security violations: despite (1), the maximum penalty for violating chapter 449 is $10,000, except it rises to $25,000 for someone operating an aircraft to transport passengers or property for pay (other than an airman). (5) Penalties for individuals and small businesses: (A) an individual (other than an airman acting as an airman) or a small business is liable for up to $10,000 for violating a shorter list of the same chapters and sections, or a rule or order issued under them. (B) A penalty of up to $10,000 per violation applies to an individual or small business for violations involving: (i) transporting hazardous material; (ii) registering an aircraft under chapter 441 that isn't used for air transportation; (iii) violating section 44718(d)'s limit on building landfills; (iv) violating section 44725's rule on safely disposing of old aircraft parts; or (v) violating section 40127 or 41705's discrimination rules. (C) Despite (1), the maximum penalty for violating section 41719 by an individual or small business is $5,000 instead of $1,000. (D) Despite (1), the maximum penalty for violating section 41712, or another Secretary-issued consumer-protection rule, by an individual or small business is $2,500 per violation. (6) Failing to collect airport security badges: despite (1), an employer (other than a government body or airport operator) who issues a security badge to an employee, and then fails to try to collect it when that employee's job ends, and fails to tell the airport operator within 24 hours, is liable for up to $10,000. (7) Penalties for harming passengers with disabilities: (A) the penalty for a section 41705 violation that damages a passenger's wheelchair or mobility aid, or injures a disabled passenger, can be raised up to 3 times the normal maximum. (B) Despite (2), each discriminatory act under section 41705 is its own separate violation. (8) Failure to continue offering aviation fuel: despite (1), the maximum penalty for violating section 47107(a)(22) is $5,000 for each day the violation continues. (b) Smoke Alarm Device Penalty. (1) A passenger may not tamper with, disable, or destroy a smoke alarm in an aircraft lavatory. (2) Someone who does is liable for a civil penalty of up to $2,000. (c) Procedural Requirements. (1) The Secretary of Transportation may only impose a penalty for certain violations — including subsection (b), several other chapters, certificate or permit terms, and hazardous-material violations under (a)(1) — after giving notice and a chance for a hearing. (2) The Secretary must give written notice of the violation finding and the penalty. (d) Administrative Imposition of Penalties. (1) In this subsection, "flight engineer," "mechanic," "pilot," and "repairman" each mean someone who holds the matching FAA certificate. (2) The FAA Administrator may impose a penalty for violating a listed set of chapters and sections (including several safety and enforcement provisions), or a rule or order under them. The Secretary of Homeland Security may impose a penalty for violating chapter 449 (with some exceptions), section 46302 (except for violations tied to section 46504), or section 46303, or a rule or order under those. Whichever official acts must give written notice of the violation and penalty. (3) In a lawsuit to collect a penalty imposed this way, the questions of liability and penalty amount can't be reopened. (4) Despite (2), U.S. district courts have exclusive jurisdiction over such a case if: (A) the amount at stake is more than $400,000 (non-individual, pre-2024 Reauthorization Act), $50,000 (individual or small business, pre-2024 Act), $1,200,000 (non-individual, on or after the 2024 Act), or $100,000 (individual, on or after the 2024 Act); (B) the case is, or runs alongside, an in rem action against the aircraft itself; (C) the case involves an aircraft under a lien that the government has seized; or (D) another case seeking an injunction over the same violation has been filed. (5)(A) The FAA Administrator may only penalize a pilot, flight engineer, mechanic, or repairman after telling them the charges and reasons and letting them respond. (B) That individual may appeal to the National Transportation Safety Board, which — after notice and a hearing — may affirm, modify, or reverse the order, including converting a penalty into a certificate suspension or revocation. (C) The Board doesn't have to accept the FAA's factual findings, but must follow the FAA's validly adopted legal interpretations and public policy guidance, unless the Board finds them arbitrary, capricious, or unlawful. (D) Filing an appeal with the Board pauses the FAA's order. (6) An individual substantially hurt by a Board order under (5) — or the FAA Administrator, if the order will seriously hurt this part's goals — may get judicial review under section 46110; the FAA Administrator must be a party, and the Board's factual findings are final if substantial evidence supports them. (7)(A) The FAA Administrator may only penalize other people (not pilots, engineers, mechanics, or repairmen) after notice and a hearing on the record. (B) On appeal from that hearing, the FAA Administrator may only consider whether each factual finding is well-supported, each legal conclusion follows the law, and whether the judge made a prejudicial error. (C) Except for good cause, a lawsuit over such a penalty must start within 2 years of the violation. (D) For a violation involving section 47107(b) or its assurances: no penalty may go against an individual, a penalty may be lowered under (f), and judicial review is only available under section 46110. (8) The maximum penalty TSA, the FAA, or the Board may impose under this subsection is $400,000 (non-individual, pre-2024 Act), $50,000 (individual or small business, pre-2024 Act), $1,200,000 (non-individual, on or after the 2024 Act), or $100,000 (individual, on or after the 2024 Act). (9) This subsection only applies to violations after August 25, 1992. (e) Penalty Considerations. In setting a penalty under (a)(3) for hazardous-material violations, the Secretary of Transportation must weigh: (1) the nature, circumstances, extent, and seriousness of the violation; (2) the violator's degree of fault, past violations, ability to pay, and whether the penalty would affect their ability to stay in business; and (3) any other factor justice calls for. (f) Compromise and Setoff. (1)(A) The Secretary may lower a penalty for violating a listed set of chapters and sections, or a rule or order under them. (B) The Postal Service may lower a penalty imposed under (a)(1)(D). (2) The government may subtract a penalty — whether full or lowered — from money it owes the person who owes it. (g) Judicial Review. An order from the Secretary or the FAA Administrator imposing a civil penalty can only be reviewed in court under section 46110. (h) Nonapplication. (1) This section does not apply to (A) a member of the U.S. armed forces, or (B) a Defense Department civilian employee covered by military law, while they are performing official duties. (2) The right military authority is responsible for disciplining them and must send the Secretary, TSA Administrator, or FAA Administrator a timely report on what action was taken. (i) Small Business Concern Defined. In this section, "small business concern" has the meaning given in section 3 of the Small Business Act. This section does not further define the term itself.