US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 44711

Prohibitions and exemption

(a)

Prohibitions .—

A person may not—
(1)
operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2)
serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A)
without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B)
in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(3)
employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;
(4)
operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5)
operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(6)
33 U.S.C. 1602 operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 ();
(7)
violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;
(8)
section 44706 of this title operate an airport without an airport operating certificate required under or in violation of a term of the certificate;
(9)
section 44714 of this title manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under ;
(10)
work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or
(11)
violate section 44732 or any regulation issued thereunder.
(b)

Exemption .—

On terms the Administrator of the Federal Aviation Administration prescribes as being in the public interest, the Administrator may exempt a foreign aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted.
(c)

Prohibition on Employment of Convicted Counterfeit Part Traffickers .—

No person subject to this chapter may knowingly employ anyone to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted in a court of law of a violation of any Federal law relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material.
(d)

Post-employment Restrictions for Inspectors and Engineers.—

(1)

Prohibition .—

A person holding a certificate issued under part 21 or 119 of title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement that permits, an individual to act as an agent or representative of such person in any matter before the Administration if the individual, in the preceding 2-year period—
(A)
served as, or was responsible for oversight of—
(i)
a flight standards inspector of the Administration; or
(ii)
an employee of the Administration with responsibility for certification functions with respect to a holder of a certificate issued under section 44704(a); and
(B)
had responsibility to inspect, or oversee inspection of, the operations of such person.
(2)

Written and oral communications .—

For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Administration if the individual makes any written or oral communication on behalf of the certificate holder to the Administration (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as an individual covered under paragraph (1).

Pub. L. 103–272, § 1(e)108 Stat. 1193Pub. L. 103–429, § 6(56)108 Stat. 4385Pub. L. 106–181, title V, § 505(b)114 Stat. 136Pub. L. 108–176, title II, § 227(d)117 Stat. 2532Pub. L. 112–95, title III126 Stat. 61Pub. L. 116–260, div. V, title I, § 111(b)134 Stat. 2330Pub. L. 118–63, title IV, § 420(a)(1)138 Stat. 1164(, , ; , , ; , , ; , , ; , §§ 307(b), 342(a), , , 79; , , ; , , .)

Historical and Revision Notes

Pub. L. 103–272

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

44711(a)(1)

49 App.:1430(a)(1).

Aug. 23, 1958, Pub. L. 85–726, § 610(a)(1)–(5), (b), 72 Stat. 780.

44711(a)(2)

49 App.:1430(a)(2).

44711(a)(3)

49 App.:1430(a)(3).

44711(a)(4)

49 App.:1430(a)(4).

44711(a)(5)

49 App.:1430(a)(5).

44711(a)(6)

49 App.:1430(a)(6).

Aug. 23, 1958, Pub. L. 85–726, § 610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(A), 84 Stat. 235.

44711(a)(7)

49 App.:1430(a)(7).

Aug. 23, 1958, Pub. L. 85–726, § 610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, § 51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705.

44711(a)(8)

49 App.:1430(a)(8).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(8); added May 21, 1970, Pub. L. 91–258, § 51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97–248, § 525(d), 96 Stat. 697.

44711(a)(9)

49 App.:1430(a)(9).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 610(a)(9); added Dec. 31, 1970, Pub. L. 91–604, § 11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, § 15(b)(2), 91 Stat. 1283.

44711(b)

49 App.:1430(b).

 

49 App.:1655(c)(1).

Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.

In subsection (a)(1) and (7), the words “condition, or limitation” are omitted as being included in “term”.

In subsection (a)(1), the words “without . . . in effect” are substituted for “for which there is not currently in effect an” to eliminate unnecessary words.

In subsection (a)(2), (5), and (7), the word “rule” is omitted as being synonymous with “regulations”.

In subsection (a)(2)(B), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(5) and (7), the words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code.

In subsection (a)(5), the words “of the Secretary of Transportation” are omitted as surplus.

33 U.S.C. 1602section 143 of title 3365 Stat. 406section 3 of the Act of September 24, 1963Public Law 88–13177 Stat. 194Public Law 95–7591 Stat. 311In subsection (a)(6), the words “proclaimed by the President” are omitted as surplus. The words “section 3 of the International Navigational Rules Act of 1977 ()” are substituted for “” because the section was part of the Act of (ch. 495, ), that was repealed by (, ), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (, ) and replaced by 33:1601–1608.

In subsection (a)(7), the words “holding . . . such certificate” are omitted because of the restatement.

In subsection (a)(8), the words “by the Administrator” are omitted as surplus.

Public Law 85–72672 Stat. 780In subsection (b), the word “Administrator” in section 610(b) of the Federal Aviation Act of 1958 (, ) is retained on authority of 49:106(g). The words “to the extent, and . . . and conditions” and “by such airmen” are omitted as surplus.

Pub. L. 103–429

This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.

Editorial Notes

Amendments

Pub. L. 118–632024—Subsec. (a)(10), (11). added par. (10) and redesignated former par. (10) as (11).

Pub. L. 116–2602020—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) related to postemployment restrictions for flight standards inspectors.

Pub. L. 112–95, § 307(b)2012—Subsec. (a)(10). , added par. (10).

Pub. L. 112–95, § 342(a)Subsec. (d). , added subsec. (d).

Pub. L. 108–1762003—Subsec. (a)(7). substituted “agency, design organization certificate,” for “agency”.

Pub. L. 106–1812000—Subsec. (c). added subsec. (c).

Pub. L. 103–4291994—Subsec. (a)(2)(B), (5), (7). inserted “any of sections” before “44702–44716”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–95, title III, § 342(b)126 Stat. 80

“The amendment made by subsection (a) [amending this section] shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act [].”
, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–176section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2000 Amendment

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

Effective Date of 1994 Amendment

Pub. L. 103–429section 9 of Pub. L. 103–429section 321 of this titleAmendment by effective , see , set out as a note under .

Regulations

Pub. L. 118–63, title IV, § 420(a)(2)138 Stat. 1164

section 44711(a)(10) of title 49“Not later than 1 year after the date of enactment of this Act [], the Administrator [of the Federal Aviation Administration] shall issue regulations requiring persons to comply with , United States Code (as added by paragraph (1)).”
, , , provided that: