§ 13.17 - Seizure of aircraft.

§ 13.17 Seizure of aircraft.

(a) Under section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), The Chief Counsel, or a Regional Administrator for an aircraft within the region, may issue an order authorizing a State or Federal law enforcement officer , or a Federal Aviation Administration safety inspector , authorized in an order of seizure issued by the Regional Administrator of the region, or by the Chief Counsel, may summarily to seize an aircraft that is involved in a violation for which a civil penalty may be imposed on its owner or operatorthe individual commanding the aircraft.

(b) Each person seizing an aircraft under this section shall place places it in the nearest available and adequate public storage facility in the judicial district in which it was seized.

(c) The Regional Administrator or Chief Counsel, without delay, sends a written notice and a copy of this section , to the registered owner of the seized aircraft , and to each other persons person 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, alleged or proven 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 imposed by a Federal court for a proven violation.

(d) The Chief Counsel , or the Regional Counsel or Assistant Chief Counsel for the region or area in which an aircraft is seized under this section, Enforcement immediately sends a report to the United States District Attorney for the judicial district in which it was seized, requesting the District United States Attorney to institute proceedings to enforce a lien against the aircraft.

(e) The Regional Administrator or Chief Counsel directs the release of a seized aircraft whenever when -

(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 court of the United States in proceedings in rem initiated under 49 U.S.C. 46305 to enforce a lien against the aircraft;

(3) The United States Attorney General, or the

United States District Attorney for the judicial district concerned

delegate of the Attorney General, notifies the FAA that the

District Attorney

United States Attorney General, or the delegate of the Attorney General, refuses to institute

those proceedings

proceedings in rem under 49 U.S.C. 46305 to enforce a lien against the aircraft; or

(

3

4) A bond in the amount and with the sureties prescribed by the Chief Counsel

, the Regional Counsel,

or the Assistant Chief Counsel for Enforcement is deposited, conditioned on payment of the penalty

,

or the compromise amount, and the costs of seizing, storing, and maintaining 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]