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2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 46305 Actions to recover civil penalties us united_states_code code_section 49 TRANSPORTATION 463 PENALTIES 46305 49 U.S.C. § 46305 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s46305 data/legal/raw/us/code/title-49/usc49.xml 171cd369d778ee52c4767b049aabd446831a1e11e23329232b8195ecf42d81ad 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb e49e4c022ffa7e858bab7cd020297d91ce7872db043374fd8a474314dda52e28 2026-07-04 official
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49 U.S.C. § 46305 - Actions to recover civil penalties

Text

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. 103272, § 1(e), July 5, 1994, 108 Stat. 1235.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4630549 App.:1473(b)(1).Aug. 23, 1958, Pub. L. 85726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95504, § 36, 92 Stat. 1741. 49 App.:1473(b)(4).Aug. 23, 1958, Pub. L. 85726, § 903(b)(4), 72 Stat. 787. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98443, § 3(e), 98 Stat. 1704. 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.