49 U.S.C. § 80303 — Seizure and forfeiture
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 247 words · no verdicts yet
This law requires specified officials to seize an aircraft, vehicle, or vessel involved in a contraband violation and place it in designated custody. The seized property is forfeited unless the owner proves the statutory exception. Special conditions apply before a common carrier’s aircraft, vehicle, or vessel used for paid transportation may be forfeited.
The Secretary of the Treasury, or the Governor of Guam or the Northern Mariana Islands as section 80304 provides, must seize an aircraft, vehicle, or vessel involved in a violation of section 80302 and place it in the custody of a person designated by the Secretary, the Attorney General, or the appropriate Governor. When the violation involves contraband described in section 80302(a)(2) or (a)(5), the Attorney General or a person authorized by another law to enforce section 80302 must do this instead.
The seized aircraft, vehicle, or vessel is forfeited unless the owner establishes both that a person other than the owner committed the violation and that the aircraft, vehicle, or vessel was in that person’s possession after that person obtained possession by violating a criminal law of the United States or a State.
However, an aircraft, vehicle, or vessel used by a common carrier to provide transportation for compensation may be forfeited only if:
(1) the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle, except a rail car or engine, consents to or knows of the alleged violation when it occurs;
(2) the owner of the rail car or engine consents to or knows of the alleged violation when it occurs; or
(3) the master or owner of the vessel consents to or knows of the alleged violation when it occurs.
The Secretary of the Treasury or the Governor of Guam or of the Northern Mariana Islands as provided in section 80304 of this title, or, when the violation of this chapter involves contraband described in paragraph (2) or (5) of section 80302(a), the Attorney General or a person authorized by another law to enforce section 80302 of this title, shall seize an aircraft, vehicle, or vessel involved in a violation of section 80302 and place it in the custody of a person designated by the Secretary, the Attorney General, or appropriate Governor, as the case may be. The seized aircraft, vehicle, or vessel shall be forfeited, except when the owner establishes that a person except the owner committed the violation when the aircraft, vehicle, or vessel was in the possession of a person who got possession by violating a criminal law of the United States or a State. However, an aircraft, vehicle, or vessel used by a common carrier to provide transportation for compensation may be forfeited only when—
the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle (except a rail car or engine) consents to, or knows of, the alleged violation when the violation occurs;
the owner of the rail car or engine consents to, or knows of, the alleged violation when the violation occurs; or
the master or owner of the vessel consents to, or knows of, the alleged violation when the violation occurs.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, § 1112(q), Nov. 25, 2002, 116 Stat. 2278.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1354
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2278
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
no arguments yet — make the first case