Actions to recover civil penalties

• Currency: Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023)
• Citation: 49 U.S.C. § 46305

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.

Cite as 49 U.S.C. § 46305

Source: Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1235.

Notes from the Office of Law Revision Counsel

current through 6/13/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>46305</TD> <TD>49 App.:1473(b)(1).</TD> <TD>Aug. 23, 1958, Pub. L. 85-726, §903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95-504, §36, 92 Stat. 1741.</TD> </TR> <TR> <TD> </TD> <TD>49 App.:1473(b)(4).</TD> <TD>Aug. 23, 1958, Pub. L. 85-726, §903(b)(4), 72 Stat. 787.</TD> </TR> <TR> <TD> </TD> <TD>49 App.:1551(b)(1)(E).</TD> <TD>Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98-443, §3(e), 98 Stat. 1704.</TD> </TR> </TABLE>