49 U.S.C. § 46305 — Actions to recover civil penalties
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 134 words · no verdicts yet
The government can sue to collect an aviation civil penalty. It can sue the person, sue the aircraft itself, or both. If more than $20 is at stake, either side can demand a jury trial.
A civil penalty under this chapter may be collected by suing the person who owes it, by suing the aircraft itself (an in rem lawsuit against an aircraft held under a lien), or by doing both. The lawsuit must follow the rules of an admiralty case as closely as possible, no matter where a seized aircraft is in an in rem case.
However, if more than $20 is at stake, either side may demand a jury trial on any disputed facts — except for a penalty the Secretary of Transportation imposes that used to be imposed by the Civil Aeronautics Board. Facts a jury decides can only be reexamined under common law rules.
A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1235.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1235
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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