
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC46304]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 46304. Liens on aircraft

    (a) Aircraft Subject to Liens.--When an aircraft is involved in a 
violation referred to in section 46301(a)(1)(A)-(C), (2), or (3) of this 
title and the violation is by the owner of, or individual commanding, 
the aircraft, the aircraft is subject to a lien for the civil penalty.
    (b) Seizure.--An aircraft subject to a lien under this section may 
be seized summarily and placed in the custody of a person authorized to 
take custody of it under regulations of the Secretary of Transportation 
(or the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be carried 
out by the Administrator). A report on the seizure shall be submitted to 
the Attorney General. The Attorney General promptly shall bring a civil 
action in rem to enforce the lien or notify the Secretary or 
Administrator that the action will not be brought.
    (c) Release.--An aircraft seized under subsection (b) of this 
section shall be released from custody when--
        (1) the civil penalty is paid;
        (2) a compromise amount agreed on is paid;
        (3) the aircraft is seized under a civil action in rem to 
    enforce the lien;
        (4) the Attorney General gives notice that a civil action will 
    not be brought under subsection (b) of this section; or
        (5) a bond (in an amount and with a surety the Secretary or 
    Administrator prescribes), conditioned on payment of the penalty or 
    compromise, is deposited with the Secretary or Administrator.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
46304(a)..............................  49 App.:1471(b).                 Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                                                          901(b
), 903(b)(2), (3), 72 Stat. 784,
                                                                          786.
46304(b)..............................  49 App.:1473(b)(2).
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46304(c)..............................  49 App.:1473(b)(3).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
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---------------------------------

    In this section, the word ``civil'' is added before ``penalty'' for 
consistency in the revised title and with other titles of the United 
States Code.
    In subsections (b) and (c), the word ``Administrator'' in section 
902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85-
726, 72 Stat. 786) is retained on authority of 49:106(g). The words 
``Attorney General'' are substituted for ``United States attorney for 
the judicial district in which the seizure is made'' and ``United States 
attorney'' because of 28:503 and 509.
    In subsection (b), the words ``report on the seizure'' are 
substituted for ``report of the cause'' for clarity. The words ``bring a 
civil action in rem'' are substituted for ``institute proceedings'' for 
clarity and consistency in the revised title and with other titles of 
the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The 
words ``that the action will not be brought'' are substituted for ``of 
his failure to so act'' for clarity.
    In subsection (c)(3), the words ``under a civil action in rem'' are 
substituted for ``in pursuance of process of any court in proceedings in 
rem'' to eliminate unnecessary words and for consistency.

                  Section Referred to in Other Sections

    This section is referred to in section 106 of this title.
