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14 CFR Ch. I (1–1–18 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. 

(c) The Regional Administrator or 

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. 

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