
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC1155]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
                SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
 
Sec. 1155. Aviation penalties

    (a) Civil Penalty.--(1) A person violating section 1132, section 
1134(b), section 1134(f)(1), or section 1136(g) (related to an aircraft 
accident) of this title or a regulation prescribed or order issued under 
any of those sections is liable to the United States Government for a 
civil penalty of not more than $1,000. A separate violation occurs for 
each day a violation continues.
    (2) This subsection does not apply to a member of the armed forces 
of the United States or an employee of the Department of Defense subject 
to the Uniform Code of Military Justice when the member or employee is 
performing official duties. The appropriate military authorities are 
responsible for taking necessary disciplinary action and submitting to 
the National Transportation Safety Board a timely report on action 
taken.
    (3) The Board may compromise the amount of a civil penalty imposed 
under this subsection.
    (4) The Government may deduct the amount of a civil penalty imposed 
or compromised under this subsection from amounts it owes the person 
liable for the penalty.
    (5) A civil penalty under this subsection may be collected by 
bringing a civil action against the person liable for the penalty. The 
action shall conform as nearly as practicable to a civil action in 
admiralty.
    (b) Criminal Penalty.--A person that knowingly and without authority 
removes, conceals, or withholds a part of a civil aircraft involved in 
an accident, or property on the aircraft at the time of the accident, 
shall be fined under title 18, imprisoned for not more than 10 years, or 
both.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104-
264, title VII, Sec. 702(b), Oct. 9, 1996, 110 Stat. 3267.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1155(a)(1), (2).......................  49 App.:1471(a)(1) (related to   Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         subchapter VII).                 901(a
)(1) (related to title VII), 72
                                                                          Stat.
 783; restated July 10, 1962,
                                                                          Pub. 
L. 87-528, Sec.  12, 76 Stat.
                                                                          149; 
Aug. 5, 1974, Pub. L. 93-366,
                                                                          Sec. 
 107, 88 Stat. 414; Jan. 3, 1975,
                                                                          Pub. 
L. 93-633, Sec.  113(b), 88 Stat.
                                                                          2162.
                                        49 App.:1655(d) (1st sentence).  Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(d) 
(1st sentence), 80 Stat. 938.
                                        49 App.:1903(a)(1)(A).           Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(a
)(1)(A), 88 Stat. 2168.
1155(a)(3), (4).......................  49 App.:1471(a)(2) (related to   Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         subchapter VII).                 901(a
)(2) (related to title VII), 72
                                                                          Stat.
 784; July 10, 1962, Pub. L. 87-
                                                                          528, 
Sec.  12, 76 Stat. 150; restated
                                                                          Oct. 
24, 1978, Pub. L. 95-504, Sec.
                                                                          35(b)
, 92 Stat. 1740.
                                        49 App.:1655(d) (1st sentence).
                                        49 App.:1903(a)(1)(A).
1155(a)(5)............................  49 App.:1473(b)(1).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          903(b
)(1), 72 Stat. 786; Oct. 24,
                                                                          1978,
 Pub. L. 95-504, Sec.  36, 92
                                                                          Stat.
 1741.
                                        49 App.:1473(b)(4).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          903(b
)(4), 72 Stat. 787.
                                        49 App.:1655(d) (1st sentence).
                                        49 App.:1903(a)(1)(A).
1155(b)...............................  49 App.:1472(p).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  902(p); added Oct. 15,
                                                                          1962,
 Pub. L. 87-810, Sec.  4, 76
                                                                          Stat.
 921; Aug. 5, 1974, Pub. L. 93-
                                                                          366, 
Sec.  103(b), 88 Stat. 410; Dec.
                                                                          30, 1
987, Pub. L. 100-223, Sec.
                                                                          204(e
), 101 Stat. 1520.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``section 1132 or 1134(b) or (f)(1) 
(related to an aircraft accident) of this title'' are substituted for 
``any provision of subchapter . . . VII . . . of this chapter'' in 49 
App.:1471(a)(1) because those sections restate the relevant source 
provisions of 49 App.:ch. 20 carried out by the Board. The words 
``regulation prescribed or order issued under either of those sections'' 
are substituted for ``rule, regulation, or order issued thereunder'' for 
clarity and consistency in the revised title and with other titles of 
the United States Code and because ``rule'' and ``regulation'' are 
synonymous. The words ``liable to the United States Government'' are 
substituted for ``subject to'' for clarity. The words ``for each such 
violation'' are omitted as unnecessary because of 18:1.
    In subsection (a)(2), the word ``civilian'' is omitted as 
unnecessary. The words ``with respect thereto'' are omitted as surplus.
    In subsection (a)(4), the words ``imposed or compromised'' are 
substituted for ``finally determined or fixed by order of the Board, or 
the amount agreed upon in compromise'' in 49 App.:1471(a)(2) for 
consistency and to eliminate unnecessary words.
    In subsection (a)(5), the words ``imposed or assessed'' are omitted 
as surplus. The words ``civil action against the person'' are 
substituted for ``proceedings in personam against the person'' in 49 
App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of 
Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The 
text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last 
sentence) is omitted as unnecessary because penalties imposed by the 
National Transportation Safety Board do not involve liens on aircraft. 
The text of 49 App.:1473(b)(4) is omitted as unnecessary because of 
28:ch. 131.

                       References in Text

    The Uniform Code of Military Justice, referred to in subsec. (a)(2), 
is classified generally to chapter 47 (Sec. 801 et seq.) of Title 10, 
Armed Forces.


                            Prior Provisions

    Prior chapter 31 (Secs. 3101-3104) of subtitle II redesignated and 
restated as chapter 315 (Secs. 31501-31504) of subtitle VI of this title 
by Pub. L. 103-272, Sec. 1(c), (e).


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-264 substituted ``, section 
1134(b), section 1134(f)(1), or section 1136(g)'' for ``or 1134(b) or 
(f)(1)'' and ``any of'' for ``either of''.


                    Effective Date of 1996 Amendment

    Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and 
not to be construed as affecting funds made available for a fiscal year 
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as 
a note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1151, 1152 of this title.
