
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: 49USC46306]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 46306. Registration violations involving aircraft not 
        providing air transportation
        
    (a) Application.--This section applies only to aircraft not used to 
provide air transportation.
    (b) General Criminal Penalty.--Except as provided by subsection (c) 
of this section, a person shall be fined under title 18, imprisoned for 
not more than 3 years, or both, if the person--
        (1) knowingly and willfully forges or alters a certificate 
    authorized to be issued under this part;
        (2) knowingly sells, uses, attempts to use, or possesses with 
    the intent to use, such a certificate;
        (3) knowingly and willfully displays or causes to be displayed 
    on an aircraft a mark that is false or misleading about the 
    nationality or registration of the aircraft;
        (4) obtains a certificate authorized to be issued under this 
    part by knowingly and willfully falsifying or concealing a material 
    fact, making a false, fictitious, or fraudulent statement, or making 
    or using a false document knowing it contains a false, fictitious, 
    or fraudulent statement or entry;
        (5) owns an aircraft eligible for registration under section 
    44102 of this title and knowingly and willfully operates, attempts 
    to operate, or allows another person to operate the aircraft when--
            (A) the aircraft is not registered under section 44103 of 
        this title or the certificate of registration is suspended or 
        revoked; or
            (B) the owner knows or has reason to know that the other 
        person does not have proper authorization to operate or navigate 
        the aircraft without registration for a period of time after 
        transfer of ownership;

        (6) knowingly and willfully operates or attempts to operate an 
    aircraft eligible for registration under section 44102 of this title 
    knowing that--
            (A) the aircraft is not registered under section 44103 of 
        this title;
            (B) the certificate of registration is suspended or revoked; 
        or
            (C) the person does not have proper authorization to operate 
        or navigate the aircraft without registration for a period of 
        time after transfer of ownership;

        (7) knowingly and willfully serves or attempts to serve in any 
    capacity as an airman without an airman's certificate authorizing 
    the individual to serve in that capacity;
        (8) knowingly and willfully employs for service or uses in any 
    capacity as an airman an individual who does not have an airman's 
    certificate authorizing the individual to serve in that capacity; or
        (9) operates an aircraft with a fuel tank or fuel system that 
    has been installed or modified knowing that the tank, system, 
    installation, or modification does not comply with regulations and 
    requirements of the Administrator of the Federal Aviation 
    Administration.

    (c) Controlled Substance Criminal Penalty.--(1) In this subsection, 
``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).
    (2) A person violating subsection (b) of this section shall be fined 
under title 18, imprisoned for not more than 5 years, or both, if the 
violation is related to transporting a controlled substance by aircraft 
or aiding or facilitating a controlled substance violation and the 
transporting, aiding, or facilitating--
        (A) is punishable by death or imprisonment of more than one year 
    under a law of the United States or a State; or
        (B) that is provided is related to an act 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).

    (3) A term of imprisonment imposed under paragraph (2) of this 
subsection shall be served in addition to, and not concurrently with, 
any other term of imprisonment imposed on the individual.
    (d) Seizure and Forfeiture.--(1) The Administrator of Drug 
Enforcement or the Commissioner of Customs may seize and forfeit under 
the customs laws an aircraft whose use is related to a violation of 
subsection (b) of this section, or to aid or facilitate a violation, 
regardless of whether a person is charged with the violation.
    (2) An aircraft's use is presumed to have been related to a 
violation of, or to aid or facilitate a violation of--
        (A) subsection (b)(1) of this section if the aircraft 
    certificate of registration has been forged or altered;
        (B) subsection (b)(3) of this section if there is an external 
    display of false or misleading registration numbers or country of 
    registration;
        (C) subsection (b)(4) of this section if--
            (i) the aircraft is registered to a false or fictitious 
        person; or
            (ii) the application form used to obtain the aircraft 
        certificate of registration contains a material false statement;

        (D) subsection (b)(5) of this section if the aircraft was 
    operated when it was not registered under section 44103 of this 
    title; or
        (E) subsection (b)(9) of this section if the aircraft has a fuel 
    tank or fuel system that was installed or altered--
            (i) in violation of a regulation or requirement of the 
        Administrator of the Federal Aviation Administration; or
            (ii) if a certificate required to be issued for the 
        installation or alteration is not carried on the aircraft.

    (3) The Administrator of the Federal Aviation Administration, the 
Administrator of Drug Enforcement, and the Commissioner shall agree to a 
memorandum of understanding to establish procedures to carry out this 
subsection.
    (e) Relationship to State Laws.--This part does not prevent a State 
from establishing a criminal penalty, including providing for forfeiture 
and seizure of aircraft, for a person that--
        (1) knowingly and willfully forges or alters an aircraft 
    certificate of registration;
        (2) knowingly sells, uses, attempts to use, or possesses with 
    the intent to use, a fraudulent aircraft certificate of 
    registration;
        (3) knowingly and willfully displays or causes to be displayed 
    on an aircraft a mark that is false or misleading about the 
    nationality or registration of the aircraft; or
        (4) obtains an aircraft certificate of registration from the 
    Administrator of the Federal Aviation Administration by--
            (A) knowingly and willfully falsifying or concealing a 
        material fact;
            (B) making a false, fictitious, or fraudulent statement; or
            (C) making or using a false document knowing it contains a 
        false, fictitious, or fraudulent statement or entry.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104-
287, Sec. 5(78), Oct. 11, 1996, 110 Stat. 3397.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46306(a)..............................  49 App.:1303 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          7214,
 102 Stat. 4434.
46306(b)..............................  49 App.:1472(b)(1), (2) (1st     Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentence cl. (A)).               902(b
)(1)-(4), 72 Stat. 784; Oct. 19,
                                                                          1984,
 Pub. L. 98-499, Sec.  6, 98
                                                                          Stat.
 2316; restated Nov. 18, 1988,
                                                                          Pub. 
L. 100-690, Sec.  7209(a), 102
                                                                          Stat.
 4429.
46306(c)(1)...........................  49 App.:1472(b)(4).
46306(c)(2)...........................  49 App.:1472(b)(2) (1st
                                         sentence cl. (B)).
46306(c)(3)...........................  49 App.:1472(b)(2) (last
                                         sentence).
46306(d)..............................  49 App.:1472(b)(3).
46306(e)..............................  49 App.:1472(b)(5).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  902(b)(5); added Oct. 27,
                                                                          1986,
 Pub. L. 99-570, Sec.
                                                                          3401(
a)(1), 100 Stat. 3207-99; Nov.
                                                                          18, 1
988, Pub. L. 100-690, Sec.
                                                                          7209(
a), (b)(1), 102 Stat. 4429, 4432.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (b)(9), (d), and (e), the word ``Administrator'' in 
section 902(b) of the Federal Aviation Act of 1958 (Public Law 85-726, 
72 Stat. 784) is retained on authority of 49:106(g).
    In subsection (b), before clause (1), the words ``Except as provided 
by subsection (c) of this section'' are added for clarity. The words 
``It shall be unlawful for any person'' and ``upon conviction'' are 
omitted as surplus. The words ``fined under title 18'' are substituted 
for ``a fine of not more than $15,000'' for consistency with title 18. 
In clause (1), the words ``counterfeit'' and ``falsely make'' are 
omitted as surplus. In clause (4), the words ``covering up'', 
``representation'', and ``writing'' are omitted as surplus. In clause 
(7), the word ``valid'' is omitted as surplus.
    In subsection (c)(2), before clause (A), the words ``fined under 
title 18'' are substituted for ``a fine of not more than $25,000'' for 
consistency with title 18.
    In subsection (d)(1) and (3), the words ``Administrator of Drug 
Enforcement'' are substituted for ``Drug Enforcement Administration of 
the Department of Justice'' and ``Drug Enforcement Administration'' 
because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 
1, 1973, 87 Stat. 1092). The words ``Commissioner of Customs'' and 
``Commissioner'' are substituted for ``United States Customs Service'' 
because of 19:2071.
    In subsection (d)(2)(A), the words ``aircraft certificate of 
registration'' are substituted for ``registration'' for consistency in 
this section. The words ``counterfeited'' and ``falsely made'' are 
omitted as surplus.
    In subsections (d)(2)(C)(ii) and (e), the words ``aircraft 
certificate of registration'' are substituted for ``aircraft 
registration certificate'' for consistency with 49 App.:1401, restated 
in chapter 441 of the revised title.
    In subsection (e), before clause (1), the words ``this subsection or 
in any other provision of'' are omitted as surplus. In clause (1), the 
words ``counterfeits'' and ``falsely makes'' are omitted as surplus. In 
clause (4)(A), the words ``covering up'' are omitted as surplus. In 
clause (4)(B), the words ``or representation'' are omitted as surplus. 
In clause (4)(C), the words ``writing or'' are omitted as surplus.


                             Pub. L. 104-287

    This makes a clarifying amendment to 49:46306(c)(2)(B).


                               Amendments

    1996--Subsec. (c)(2)(B). Pub. L. 104-287 inserted ``that is'' before 
``provided''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-287 effective July 5, 1994, see section 
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 44936 of this title.
