---
kind: "range"
citation: "49 U.S.C. §§ 46304–46308"
title: "49"
from: "46304"
to: "46308"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/49/46304..46308"
---

# §46304. Liens on aircraft

- (a) **Aircraft Subject to Liens.—** When an [aircraft](/usc/49/40102.md?p=a-6) is involved in a violation referred to in [section 46301(a)(1)(A)–(C)](/usc/49/46301.md?p=a-1-A..a-1-C) of this title and the violation is by the owner of, or individual commanding, the [aircraft](/usc/49/40102.md?p=a-6), the [aircraft](/usc/49/40102.md?p=a-6) is subject to a lien for the civil penalty.
- (b) **Seizure.—** An [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/13907.md?p=e-2) (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration). 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](/usc/49/40102.md?p=a-6) seized under [subsection (b)](#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](/usc/49/40102.md?p=a-6) 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)](#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.

# §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](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-6) 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](/usc/49/13907.md?p=e-2) that formerly was imposed by the Civil [Aeronautics](/usc/49/40102.md?p=a-1) 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.


# §46306. Registration violations involving aircraft not providing air transportation

- (a) **Application.—** This section applies only to [aircraft](/usc/49/40102.md?p=a-6) not used to provide [air transportation](/usc/49/40102.md?p=a-5).
- (b) **General Criminal Penalty.—** Except as provided by [subsection (c)](#c) of this section, a person shall be fined under [title 18](/usc/18.md), 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](/usc/49/40102.md?p=a-6) a mark that is false or misleading about the nationality or registration of the [aircraft](/usc/49/40102.md?p=a-6);
  - (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](/usc/49/40102.md?p=a-6) eligible for registration under [section 44102 of this title](/usc/49/44102.md) and knowingly and willfully operates, attempts to operate, or allows another person to operate the [aircraft](/usc/49/40102.md?p=a-6) when—
    - (A) the [aircraft](/usc/49/40102.md?p=a-6) is not registered under [section 44103 of this title](/usc/49/44103.md) 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](/usc/49/40102.md?p=a-6) without registration for a period of time after transfer of ownership;
  - (6) knowingly and willfully operates or attempts to operate an [aircraft](/usc/49/40102.md?p=a-6) eligible for registration under [section 44102 of this title](/usc/49/44102.md) knowing that—
    - (A) the [aircraft](/usc/49/40102.md?p=a-6) is not registered under [section 44103 of this title](/usc/49/44103.md);
    - (B) the certificate of registration is suspended or revoked; or
    - (C) the person does not have proper authorization to operate or navigate the [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-8) without an [airman](/usc/49/40102.md?p=a-8)’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](/usc/49/40102.md?p=a-8) an individual who does not have an [airman](/usc/49/40102.md?p=a-8)’s certificate authorizing the individual to serve in that capacity; or
  - (9) operates an [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/102.md) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](/usc/21/802.md)).
  - (2) A person violating [subsection (b)](#b) of this section shall be fined under [title 18](/usc/18.md), imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-46) or a [State](/usc/49/31132.md?p=8); 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](/usc/49/40102.md?p=a-46) or a [State](/usc/49/31132.md?p=8) 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 U.S. Customs and Border Protection may seize and forfeit under the customs laws an [aircraft](/usc/49/40102.md?p=a-6) whose use is related to a violation of [subsection (b)](#b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation.
  - (2) An [aircraft](/usc/49/40102.md?p=a-6)’s use is presumed to have been related to a violation of, or to aid or facilitate a violation of—
    - (A) [subsection (b)(1)](#b-1) of this section if the [aircraft](/usc/49/40102.md?p=a-6) certificate of registration has been forged or altered;
    - (B) [subsection (b)(3)](#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)](#b-4) of this section if—
      - (i) the [aircraft](/usc/49/40102.md?p=a-6) is registered to a false or fictitious person; or
      - (ii) the application form used to obtain the [aircraft](/usc/49/40102.md?p=a-6) certificate of registration contains a material false statement;
    - (D) [subsection (b)(5)](#b-5) of this section if the [aircraft](/usc/49/40102.md?p=a-6) was operated when it was not registered under [section 44103 of this title](/usc/49/44103.md); or
    - (E) [subsection (b)(9)](#b-9) of this section if the [aircraft](/usc/49/40102.md?p=a-6) 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](/usc/49/40102.md?p=a-6).
  - (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](/usc/49/31132.md?p=8) from establishing a criminal penalty, including providing for forfeiture and seizure of [aircraft](/usc/49/40102.md?p=a-6), for a person that—
  - (1) knowingly and willfully forges or alters an [aircraft](/usc/49/40102.md?p=a-6) certificate of registration;
  - (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent [aircraft](/usc/49/40102.md?p=a-6) certificate of registration;
  - (3) knowingly and willfully displays or causes to be displayed on an [aircraft](/usc/49/40102.md?p=a-6) a mark that is false or misleading about the nationality or registration of the [aircraft](/usc/49/40102.md?p=a-6); or
  - (4) obtains an [aircraft](/usc/49/40102.md?p=a-6) 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.

# §46307. Violation of national defense airspace


A person that knowingly or willfully violates [section 40103(b)(3) of this title](/usc/49/40103.md?p=b-3) or a regulation prescribed or order issued under [section 40103(b)(3)](/usc/49/40103.md?p=b-3) shall be fined under [title 18](/usc/18.md), imprisoned for not more than one year, or both. If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under [title 18](/usc/18.md), or both.


# §46308. Interference with air navigation


A person shall be fined under [title 18](/usc/18.md), imprisoned for not more than 5 years, or both, if the person—

- (1) with intent to interfere with air navigation in the [United States](/usc/49/40102.md?p=a-46), exhibits in the [United States](/usc/49/40102.md?p=a-46) a light or signal at a place or in a way likely to be mistaken for a true light or signal established under this part or for a true light or signal used at an [air navigation facility](/usc/49/40102.md?p=a-4);
- (2) after a warning from the Administrator of the Federal Aviation Administration, continues to maintain a misleading light or signal; or
- (3) knowingly interferes with the operation of a true light or signal.