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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 49 U.S.C. § 46317 Criminal penalty for pilots operating in air transportation without an airmans certificate us united_states_code code_section 49 TRANSPORTATION 463 PENALTIES 46317 49 U.S.C. § 46317 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/s46317 data/legal/raw/us/code/title-49/usc49.xml a4c26a19f8506e7b64e6f5fffbe67aeb4ff5f479c6ba0dcea1f3b9bce654d88d 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 3293efad6c7dd78128d08fea22041484241e350eff3b16eecb1b8ec713f58e15 2026-07-04 official
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49 U.S.C. § 46317 - Criminal penalty for pilots operating in air transportation without an airmans certificate

Text

(a) General Criminal Penalty.— An individual shall be fined under title 18 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 operating an aircraft in air transportation without an airmans 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 to operate an aircraft in air transportation an individual who does not have an airmans 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 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(2) Criminal penalty.— An individual violating subsection (a) shall be fined under title 18 or 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 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)) of a controlled substance).

(3) Terms of imprisonment.— A term of imprisonment imposed under paragraph (2) shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual subject to the imprisonment.

(Added Pub. L. 106181, title V, § 509(a), Apr. 5, 2000, 114 Stat. 141.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.