49 U.S.C. § 46317 — Criminal penalty for pilots operating in air transportation without an airman’s certificate
submitted 26 years ago by Pub. L. 106-181 to r/title-49-TRANSPORTATION · 293 words · no verdicts yet
Flying passengers or cargo without a pilot's license is a crime. So is hiring someone to do it without one. Drug-smuggling flights raise the prison term to as much as 5 years.
(a) General Criminal Penalty. An individual is fined under title 18, or imprisoned up to 3 years, or both, if they (1) knowingly and willfully serve or try to serve as an airman flying an aircraft in air transportation without the certificate that authorizes that role; or (2) knowingly and willfully hire or use, as an airman flying an aircraft in air transportation, someone who lacks that certificate.
(b) Controlled Substance Criminal Penalty. (1) In this subsection, "controlled substance" has the meaning given in the Comprehensive Drug Abuse Prevention and Control Act of 1970. This section does not further define the term. (2) An individual who violates (a) is fined under title 18, or imprisoned up to 5 years, or both, if the violation relates to transporting a controlled substance by aircraft, or to helping such transport, and that conduct (A) is punishable by death or more than a year in prison under federal or state law, or (B) relates to an act punishable that way under a drug law, other than a law about simple possession as used in section 46306(c). (3) A prison term imposed under (2) must be served separately from — not at the same time as — any other prison term.
An individual shall be fined under title 18 or imprisoned for not more than 3 years, or both, if that individual—
knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman’s certificate authorizing the individual to serve in that capacity; or
knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity.
In this subsection, the term “controlled substance” has the meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
An individual violating subsection (a) shall be fined under title 18 or imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and that transporting, aiding, or facilitating—
is punishable by death or imprisonment of more than 1 year under a Federal or State law; or
is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a law related to simple possession (as that term is used in section 46306(c)) of a controlled substance).
A term of imprisonment imposed under paragraph (2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.
Source credit: (Added Pub. L. 106–181, title V, § 509(a), Apr. 5, 2000, 114 Stat. 141.)
- 2000Enacted · Pub. L. 106-181 · 114 Stat. 141
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-181 on 2000-04-05.
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