SUBCHAPTER IV - ENFORCEMENT AND PENALTIES
§1151. Aviation enforcement
(a) Civil actions by Board. - The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134 (b) or (f) (1) (related to an aircraft accident), 1136 (g) (2), or 1155 (a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.
(b) Civil action by Attorney General. - On request of the Board, the Attorney General may bring a civil action in an appropriate court -
(1) to enforce section 1132, 1134 (b) or (f) (1) (related to an aircraft accident), 1136 (g) (2), or 1155 (a) of this title or a regulation prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections
(c) Participation of Board. - On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134 (b) or (f) (1) (related to an aircraft accident), 1136 (g) (2), or 1155 (a) of this title .
§1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134 (b) or (f) (1) (related to an aircraft accident), or 1155 (a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(1) A person disclosing a substantial interest in an order related to an aviation matter issued by the Board under this chapter may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60 days only if there was a reasonable ground for not filing within that 60-day period.
(2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition on the Board. The Board shall file with the court a record of the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(1) Except as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain -
(A) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114 (c) or 1114 (d) of this title; and
(B) a cockpit or surface vehicle recorder recording.
(2) (A) Except as provided in paragraph (4) (A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder transcript if, after an in camera review of the transcript, the court decides that -
(i) the part of the transcript made available to the public under section 1114 (c) or 1114 (d) of this title does not provide the party with sufficient information for the party to receive a fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial.
(B) A court may allow discovery, or require production for an in camera review, of a cockpit or surface vehicle recorder transcript that the Board has not made available under section 1114 (c) or 1114 (d) of this title only if the cockpit or surface vehicle recorder recording is not available.
(3) Except as provided in paragraph (4) (A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder recording if, after an in camera review of the recording, the court decides that -
(A) the parts of the transcript made available to the public under section 1114 (c) or 1114 (d) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording is necessary to provide the party with sufficient information for the party to receive a fair trial.
(4) (A) When a court allows discovery in a judicial proceeding of a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114 (c) or 1114 (d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order -
(i) to limit the use of the part of the transcript or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the part of the transcript or the recording to any person that does not need access to the part of the transcript or the recording for the proceeding.
(B) A court may allow a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114 (c) or 1114 (d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the part of the transcript or the recording under seal to prevent the use of the part of the transcript or the recording for purposes other than for the proceeding.
(5) This subsection does not prevent the Board from referring at any time to cockpit or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A) Recorder. - The term “recorder” means a voice or video recorder.
(B) Transcript. - The term ‘transcript’ includes any written depiction of visual information obtained from a video recorder.
§1155. Aviation penalties
(a) Civil penalty. -
(1) A person violating section 1132, section 1134 (b), section 1134 (f) (1), or section 1136 (g) (related to an aircraft accident) of this title or a regulation prescribed or order issued under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues.
(2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty.
(b) Criminal penalty. - A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both.
