49-U.S.C.-1151

49-U.S.C.-1151

§1151 – Aviation Enforcement

Pathway

Title 49 > Subtitle II > Chapter 11 > Subchapter IV > Section 1151

Details

  • Reference: Section 1151
  • Legend: §1151 – Aviation Enforcement
  • USCode Year: 2013

Provision Content

(a) Civil Actions by Board.—The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.

(b) Civil Actions by Attorney General.—On request of the Board, the Attorney General may bring a civil action in an appropriate court—

(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and

(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.

(c) Participation of Board.—On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106–181, title IV, §401(a)(2), Apr. 5, 2000, 114 Stat. 129.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
1151(a) 49 App.:1487(a) (related to CAB). Aug. 23, 1958, Pub. L. 85–726, §§1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796.
  49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938.
  49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168.
1151(b) 49 App.:1487(b) (related to CAB).
  49 App.:1655(d) (1st sentence).
  49 App.:1903(a)(1)(A).
1151(c) 49 App.:1488 (related to CAB).
  49 App.:1655(d) (1st sentence).
  49 App.:1903(a)(1)(A).

In this section, the words section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title are substituted for issued under this chapter and provisions of this chapter because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board.

In subsections (a) and (b), the word rule is omitted as being synonymous with regulation. The word requirement is omitted as being included in order. The words or any term, condition, or limitation of any certificate or permit are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.

In subsection (a), the words their duly authorized agents are omitted as surplus. The words may bring a civil action are substituted for may apply in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words An action under this subsection may be brought in the judicial district in which are substituted for for any district wherein for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (b), before clause (1), the words Attorney General are substituted for any district attorney of the United States in 49 App.:1487(b) because of 28:509. The words to whom the Board or Secretary of Transportation may apply are omitted as surplus. The words may bring a civil action are substituted for is authorized to institute . . . all necessary proceedings for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words under the direction of the Attorney General are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete.

In subsection (c), the words civil action are substituted for proceeding in court for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Amendments

2000—Pub. L. 106–181 inserted 1136(g)(2), before or 1155(a) in subsecs. (a), (b)(1), and (c).

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

U.S. Encyclopedia of Law Coverage

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49-U.S.C.-1132 in the Legal Encyclopedia: Agencies

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