Page:United States Statutes at Large Volume 108 Part 2.djvu/519

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1235 § 46304. Liens on aircraft (a) AIRCRAFT SUBJECT TO LIENS. — When an aircraft is involved in a violation referred to in section 46301(a)(l)(A)-(C), (2), or (3) of this title and the violation is by the owner of, or individual commanding, the aircrjift, the aircraft is subject to a lien for the civil penalty. (b) SEIZURE.— An aircraft 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 (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator). A report on Reports, 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 seized under subsection (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 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) 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 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. §46306. Registration violations involving aircraft not providing air transportation (a) APPLICATION.—T h is section applies only to aircraft not used to provide air transportation. (b) GENERAL CRIMINAL PENALTY.— Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more thsin 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 a mark that is false or misleading about the nationality or registration of the aircraft;

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