
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: 49USC46305]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 46305. Actions to recover civil penalties

    A civil penalty under this chapter may be collected by bringing a 
civil action against the person subject to the penalty, a civil action 
in rem against an aircraft subject to a lien for a penalty, or both. The 
action shall conform as nearly as practicable to a civil action in 
admiralty, regardless of the place an aircraft in a civil action in rem 
is seized. However, a party may demand a jury trial of an issue of fact 
in an action involving a civil penalty under this chapter (except a 
penalty imposed by the Secretary of Transportation that formerly was 
imposed by the Civil Aeronautics Board) if the value of the matter in 
controversy is more than $20. Issues of fact tried by a jury may be 
reexamined only under common law rules.

(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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---------------------------------
46305.................................  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.: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.
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---------------------------------

    The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The 
words ``imposed or assessed'' are omitted as surplus. The words 
``bringing a civil action'' are substituted for ``proceedings in 
personam'', the words ``civil action in rem'' are substituted for 
``proceedings in rem'', and the words ``civil action'' are substituted 
for ``civil suits'', for consistency in the revised title and with other 
titles of the United States Code and the Federal Rules of Civil 
Procedure (28 App. U.S.C.). The words ``regardless of the place an 
aircraft in a civil action in rem is seized'' are substituted for 49 
App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word 
``civil'' is added after ``involving a'' for clarity. The words 
``(except a penalty imposed by the Secretary of Transportation that 
formerly was imposed by the Civil Aeronautics Board)'' are substituted 
for ``other than those assessed by the Board'' because the Civil 
Aeronautics Board went out of existence and its duties and powers were 
transferred to the Secretary of Transportation.

                  Section Referred to in Other Sections

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