
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: 49USC44106]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
          CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT
 
Sec. 44106. Revocation of aircraft certificates for controlled 
        substance violations
        
    (a) Definition.--In this section, ``controlled substance'' has the 
same meaning given that term in section 102 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
    (b) Revocations.--(1) The Administrator of the Federal Aviation 
Administration shall issue an order revoking the certificate of 
registration for an aircraft issued to an owner under section 44103 of 
this title and any other certificate of registration that the owner of 
the aircraft holds under section 44103, if the Administrator finds 
that--
        (A) the aircraft was used to carry out, or facilitate, an 
    activity that is punishable by death or imprisonment for more than 
    one year under a law of the United States or a State related to a 
    controlled substance (except a law related to simple possession of a 
    controlled substance); and
        (B) the owner of the aircraft permitted the use of the aircraft 
    knowing that the aircraft was to be used for the activity described 
    in clause (A) of this paragraph.

    (2) An aircraft owner that is not an individual is deemed to have 
permitted the use of the aircraft knowing that the aircraft was to be 
used for the activity described in paragraph (1)(A) of this subsection 
only if a majority of the individuals who control the owner of the 
aircraft or who are involved in forming the major policy of the owner 
permitted the use of the aircraft knowing that the aircraft was to be 
used for the activity described in paragraph (1)(A).
    (c) Advice to Holders and Opportunity To Answer.--Before the 
Administrator revokes a certificate under subsection (b) of this 
section, the Administrator shall--
        (1) advise the holder of the certificate of the charges or 
    reasons on which the Administrator bases the proposed action; and
        (2) provide the holder of the certificate an opportunity to 
    answer the charges and state why the certificate should not be 
    revoked.

    (d) Appeals.--(1) A person whose certificate is revoked by the 
Administrator under subsection (b) of this section may appeal the 
revocation order to the National Transportation Safety Board. The Board 
shall affirm or reverse the order after providing notice and a hearing 
on the record. In conducting the hearing, the Board is not bound by the 
findings of fact of the Administrator.
    (2) When a person files an appeal with the Board under this 
subsection, the order of the Administrator revoking the certificate is 
stayed. However, if the Administrator advises the Board that safety in 
air transportation or air commerce requires the immediate effectiveness 
of the order--
        (A) the order remains effective; and
        (B) the Board shall dispose of the appeal not later than 60 days 
    after notification by the Administrator under this paragraph.

    (3) A person substantially affected by an order of the Board under 
this subsection may seek judicial review of the order under section 
46110 of this title. The Administrator shall be made a party to that 
judicial proceeding.
    (e) Acquittal.--(1) The Administrator may not revoke, and the Board 
may not affirm a revocation of, a certificate of registration under this 
section on the basis of an activity described in subsection (b)(1)(A) of 
this section if the holder of the certificate is acquitted of all 
charges related to a controlled substance in an indictment or 
information arising from the activity.
    (2) If the Administrator has revoked a certificate of registration 
of a person under this section because of an activity described in 
subsection (b)(1)(A) of this section, the Administrator shall reissue a 
certificate to the person if the person--
        (A) subsequently is acquitted of all charges related to a 
    controlled substance in an indictment or information arising from 
    the activity; and
        (B) otherwise meets the requirements of section 44102 of this 
    title.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1163.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
44106(a)..............................  49 App.:1401(e)(2)(C).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  501(e)(2)(A)- (C), (F);
                                                                          added
 Oct. 19, 1984, Pub. L. 98-499,
                                                                          Sec. 
 4(a), 98 Stat. 2314, 2315.
44106(b)..............................  49 App.:1401(e)(2)(A) (less
                                         last sentence).
44106(c)..............................  49 App.:1401(e)(2)(B) (1st
                                         sentence).
44106(d)..............................  49 App.:1401(e)(2)(B) (2d-last
                                         sentences).
44106(e)..............................  49 App.:1401(e)(2)(A) (last
                                         sentence), (F).
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---------------------------------

    In subsection (b)(2), the words ``knowing that the aircraft was to 
be used for the activity described in paragraph (1)(A) of this 
subsection'' are substituted for ``with knowledge of such intended use'' 
for clarity.

                  Section Referred to in Other Sections

    This section is referred to in sections 1133, 44103 of this title.
