2021 US Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part A - Air Commerce and Safety
Subpart iv - Enforcement and Penalties
Chapter 463 - Penalties
Sec. 46309 - Concession and price violations
49 U.S.C. § 46309 (2021) | ||||||||||||
§46309. Concession and price violations | ||||||||||||
(a) Criminal Penalty for Offering, Granting, Giving, or Helping To Obtain Concessions and Lower Prices.—An air carrier, foreign air carrier, ticket agent, or officer, agent, or employee of an air carrier, foreign air carrier, or ticket agent shall be fined under title 18 if the air carrier, foreign air carrier, ticket agent, officer, agent, or employee— (1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or (2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect. (b) Criminal Penalty for Receiving Rebates, Privileges, and Facilities.—A person shall be fined under title 18 if the person by any means— (1) knowingly and willfully solicits, accepts, or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service related to the foreign air transportation; or (2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently effective tariff applicable to the foreign air transportation of property. |
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(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.) |
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In this section, the words "fined under title 18" are substituted for "a fine of not less than $100 and not more than $5,000" and "fined not less than $100, nor more than $5,000" for consistency with title 18. The words "for each offense" are omitted as surplus. The words "fares, or charges" are omitted as surplus because of the definition of "rate" in section 40102(a) of the revised title. In subsection (a), before clause (1), the word "representative" is omitted as surplus. The words "shall be deemed guilty of a misdemeanor" are omitted as superseded by 18:3559. The words "and, upon conviction thereof" are omitted as surplus. In clause (2), the words "device or" and "suffer or" are omitted as surplus. In subsection (b), before clause (1), the words "by any means" are substituted for "in any manner or by any device" for consistency in this section and to eliminate unnecessary words. In clauses (1) and (2), the word "foreign" is added for clarity because only foreign air transportation has regulated prices. In clause (1), the word "rebate" is substituted for "refund or remittance" for consistency in this section. In clause (2), the word "favor" is omitted as being included in "privilege". |
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United States Code, 2018 Edition, Supplement 3, Title 49 - TRANSPORTATION | ||||||||||||
Bills and Statutes | ||||||||||||
United States Code | ||||||||||||
Y 1.2/5: | ||||||||||||
Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iv - enforcement and penalties CHAPTER 463 - PENALTIES Sec. 46309 - Concession and price violations |
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section 46309 | ||||||||||||
2021 | ||||||||||||
January 3, 2022 | ||||||||||||
Yes | ||||||||||||
standard | ||||||||||||
72 Stat. 731, 785 88 Stat. 2105, 2106 98 Stat. 1704 108 Stat. 1238 |
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Public Law 85-726, Public Law 93-623, Public Law 98-443, Public Law 103-272 |