---
kind: "section"
citation: "49 U.S.C. § 46317"
title: "49"
title_heading: "Transportation"
number: "46317"
heading: "Criminal penalty for pilots operating in air transportation without an airman’s certificate"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/46317"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iv — enforcement and penalties"
  - "Chapter 463 — Penalties"
---

# §46317. Criminal penalty for pilots operating in air transportation without an airman’s certificate

- (a) **General Criminal Penalty.—** An individual shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 3 years, or both, if that individual—
  - (1) knowingly and willfully serves or attempts to serve in any capacity as an [airman](/usc/49/40102.md?p=a-8) operating an [aircraft](/usc/49/40102.md?p=a-6) in [air transportation](/usc/49/40102.md?p=a-5) without an [airman](/usc/49/40102.md?p=a-8)’s certificate authorizing the individual to serve in that capacity; or
  - (2) knowingly and willfully employs for service or uses in any capacity as an [airman](/usc/49/40102.md?p=a-8) to operate an [aircraft](/usc/49/40102.md?p=a-6) in [air transportation](/usc/49/40102.md?p=a-5) 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.
- (b) **Controlled Substance Criminal Penalty.—**
  - (1) **Controlled substances defined.—** In this subsection, the term “controlled substance” has the 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) **Criminal penalty.—** An individual violating [subsection (a)](#a) shall be fined under [title 18](/usc/18.md) or 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 that transporting, aiding, or facilitating—
    - (A) is punishable by death or imprisonment of more than 1 year under a Federal or State law; or
    - (B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a law related to simple possession (as that term is used in [section 46306(c)](/usc/49/46306.md?p=c)) of a controlled substance).
  - (3) **Terms of imprisonment.—** A term of imprisonment imposed under [paragraph (2)](#b-2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.

## Source credit

(Added Pub. L. 106–181, title V, § 509(a), Apr. 5, 2000, 114 Stat. 141.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.