---
kind: "section"
citation: "49 C.F.R. § 1572.109"
title: "49"
number: "1572.109"
heading: "Mental capacity."
url: "https://uscodex.org/cfr/49/1572.109"
---

# §1572.109. Mental capacity.

- (a) **An applicant has mental incapacity, if he or she has been—**
  - (1) Adjudicated as lacking mental capacity; or
  - (2) **Committed to a mental health facility.**
- (b) **An applicant is adjudicated as lacking mental capacity if—**
  - (1) A court, board, commission, or other lawful authority has determined that the applicant, as a result of marked subnormal intelligence, mental illness, incompetence, condition, or disease, is a danger to himself or herself or to others, or lacks the mental capacity to conduct or manage his or her own affairs.
  - (2) This includes a finding of insanity by a court in a criminal case and a finding of incompetence to stand trial; or a finding of not guilty by reason of lack of mental responsibility, by any court, or pursuant to articles 50a and 76b of the Uniform Code of Military Justice (10 U.S.C. [850a](/usc/10/850a.md) and [876b](/usc/10/876b.md)).
- (c) An applicant is committed to a mental health facility if he or she is formally committed to a mental health facility by a court, board, commission, or other lawful authority, including involuntary commitment and commitment for lacking mental capacity, mental illness, and drug use. This does not include commitment to a mental health facility for observation or voluntary admission to a mental health facility.

## Notes

### Authority

Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and 46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.

### Source

Source: 72 FR 3595, Jan. 25, 2007, unless otherwise noted.