ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 46304Liens on aircraft

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a plane's owner or pilot breaks certain safety rules, the plane can be seized. Officials hold it while the Attorney General decides whether to sue over it. The plane comes back once the fine, or a bond, is paid.

(a) Aircraft Subject to Liens. If an aircraft is involved in a violation described in section 46301(a)(1)(A) through (C), and the violation was committed by the aircraft's owner or by whoever was in command of it, the aircraft becomes subject to a lien for the civil penalty. (b) Seizure. An aircraft under such a lien can be seized right away and placed in the custody of someone authorized under regulations from the Secretary of Transportation or the FAA Administrator. A report on the seizure must go to the Attorney General, who must promptly either bring an in rem lawsuit to enforce the lien, or tell the Secretary or Administrator that no lawsuit will be brought. (c) Release. A seized aircraft is released from custody when (1) the penalty is paid; (2) an agreed compromise amount is paid; (3) the aircraft is seized as part of an in rem lawsuit enforcing the lien; (4) the Attorney General gives notice that no lawsuit will be brought under (b); or (5) a bond — in an amount, and with a guarantor, set by the Secretary or Administrator — covering the penalty or compromise is posted.
the actual law source: uscode.house.gov ↗public domain
(a)Aircraft Subject to Liens.—

When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the owner of, or individual commanding, the aircraft, the aircraft is subject to a lien for the civil penalty.

(b)Seizure.—

An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration). A report on the seizure shall be submitted to the Attorney General. The Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.

(c)Release.—

An aircraft seized under subsection (b) of this section shall be released from custody when—

(1)

the civil penalty is paid;

(2)

a compromise amount agreed on is paid;

(3)

the aircraft is seized under a civil action in rem to enforce the lien;

(4)

the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or

(5)

a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, § 503(d)(2), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 115–254, div. K, title I, § 1991(g)(2), Oct. 5, 2018, 132 Stat. 3644.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1235
  • 2003Amended · Pub. L. 108-176 · 117 Stat. 2559
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3644

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case