page-10

14 CFR Ch. I (1–1–19 Edition)

§ 13.18

Chief Counsel, may summarily seize an
aircraft that is involved in a violation
for which a civil penalty may be im-
posed on its owner or operator.

(b) Each person seizing an aircraft

under this section shall place it in the
nearest available and adequate public
storage facility in the judicial district
in which it was seized.

Chief Counsel, without delay, sends a
written notice and a copy of this sec-
tion, to the registered owner of the
seized aircraft, and to each other per-
sons shown by FAA records to have an
interest in it, stating the—

(1) Time, date, and place of seizure;
(2) Name and address of the custodian

of the aircraft;

(3) Reasons for the seizure, including

the violations believed, or judicially
determined, to have been committed;
and

(4) Amount that may be tendered

as—

(i) A compromise of a civil penalty

for the alleged violation; or

(ii) Payment for a civil penalty im-

posed by a Federal court for a proven
violation.

(d) The Chief Counsel, or the Re-

gional Counsel or Assistant Chief
Counsel for the region or area in which
an aircraft is seized under this section,
immediately sends a report to the
United States District Attorney for the
judicial district in which it was seized,
requesting the District Attorney to in-
stitute proceedings to enforce a lien
against the aircraft.

(e) The Regional Administrator or

Chief Counsel directs the release of a
seized aircraft whenever—

(1) The alleged violator pays a civil

penalty or an amount agreed upon in
compromise, and the costs of seizing,
storing, and maintaining the aircraft;

(2) The aircraft is seized under an

order of a Federal Court in proceedings
in rem to enforce a lien against the air-
craft, or the United States District At-
torney for the judicial district con-
cerned notifies the FAA that the Dis-
trict Attorney refuses to institute
those proceedings; or

(3) A bond in the amount and with

the sureties prescribed by the Chief
Counsel, the Regional Counsel, or the
Assistant Chief Counsel is deposited,

conditioned on payment of the penalty,
or the compromise amount, and the
costs of seizing, storing, and maintain-
ing the aircraft.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–19, 54 FR 39290, Sept.
25, 1989; Amdt. 13–29, 62 FR 46865, Sept. 4,
1997]

§ 13.18

Civil penalties: Administrative

assessment against an individual
acting as a pilot, flight engineer,
mechanic, or repairman.

(a)

General.

(1) This section applies to

each action in which the FAA seeks to
assess a civil penalty by administrative
procedures against an individual acting
as a pilot, flight engineer, mechanic, or
repairman, under 49 U.S.C. 46301(d)(5),
for a violation listed in 49 U.S.C.
46301(d)(2). This section does not apply
to a civil penalty assessed for violation
of 49 U.S.C. chapter 51, or a rule, regu-
lation, or order issued thereunder.

(2)

District court jurisdiction.

Notwith-

standing the provisions of paragraph
(a)(1) of this section, the United States
district courts have exclusive jurisdic-
tion of any civil penalty action involv-
ing an individual acting as a pilot,
flight engineer, mechanic, or repair-
man for violations described in that
paragraph, under 49 U.S.C. 46301(d)(4),
if:

(i) The amount in controversy is

more than $50,000.

(ii) The action involves an aircraft

subject to a lien that has been seized
by the Government; or

(iii) Another action has been brought

for an injunction based on the same
violation.

(b)

Definitions.

As used in this part,

the following definitions apply:

(1)

Flight engineer

means an indi-

vidual who holds a flight engineer cer-
tificate issued under part 63 of this
chapter.

(2)

Individual acting as a pilot, flight

engineer, mechanic, or repairman

means

an individual acting in such capacity,
whether or not that individual holds
the respective airman certificate
issued by the FAA.

(3)

Mechanic

means an individual who

holds a mechanic certificate issued
under part 65 of this chapter.

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00056

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046

spaschal on DSK3GDR082PROD with CFR