(1)
A ”Warning Notice” which recites available facts and information about the incident or condition and indicates that it may have been a violation; or
(2)
A ”Letter of Correction” which con.rms the FAA decision in the matter and states the necessary corrective action the alleged violator has taken or agrees to take.Ifthe agreed corrective actionis notfully completed,legal enforcement action may be taken
Chapitre 6
Subpart C : Legal Enforcement Actions
Sommaire
FAR13.13:Consentorders.................... 64 FAR 13.15 : Civil penalties : Federal Aviation Act of 1958, as amended, involving an amount in controversy in ex-cess of .50,000; anin rem action; seizure of aircraft; orinjunctiverelief.................... 64 FAR 13.16 : Civil penalties : Federal Aviation Act of 1958, involving an amount in controversy not exceeding
.50,000; HazardousMaterialsTransportationAct. . 66 FAR13.17:Seizureof aircraft. ................. 70 FAR13.19:Certi.cateaction. ................. 70 FAR 13.20 : Orders of compliance, cease and desist orders, orders of denial, and other orders. . . . . . . . . . . 72 FAR13.21:Militarypersonnel.. . . . . . . . . . . . . . . . . 73 FAR13.23:Criminalpenalties.. . . . . . . . . . . . . . . . . 73 FAR13.25:Injunctions...................... 74 FAR 13.27 : Final order of Hearing O.cer in certi.cate of aircraft registration proceedings. . . . . . . . . . . . 74 FAR 13.29 : Civil penalties : Streamlined enforcement proce-dures for certain security violations. . . . . . . . . . 75
63
Subpart C : Legal Enforcement Actions
FAR 13.13 : Consent orders.
(a)
At any time before the issuance of an order under this subpart, the o.cial who issued the notice and the person subject to the notice may agree to dispose of the case by the issuance of a consent order by the o.cial.
(b)
Aproposalfor a consentorder, submitted to the o.cial whoissued the notice, under this section must include –
(1)
A proposed order;
(2)
An admission of alljurisdictionalfacts;
(3)
An express waiver of the right to further procedural steps and of all rights to judicialreview; and
(4)
An incorporation by reference of the notice and an acknowledgment that the notice may be used to construe the terms of the order.
(c)
If the issuance of a consent order has been agreed upon after the .ling of a request for hearing in accordance with Subpart D of this part, the proposal for a consent order shall include a request to be .led with the Hearing O.cer withdrawing the request for a hearing and requesting that the case be dismissed.
FAR 13.15 : Civil penalties : Federal Aviation Act of 1958, as amended, involving an amount in controversy in excess of $50,000; an in rem action; seizure of aircraft; orinjunctive relief.
(a)
The following penalties apply to persons who violate the Federal Aviation Act of l958, as amended :
(1)
Anyperson who violates anyprovision ofTitleIII, V,VI, orXII of theFederal Aviation Act of 1958, as amended, or any rule, regulation, or order issued thereunder,is subject to a civilpenalty of not more than the amount speci.ed in the Act for each violation in accordance with section 901 of the Federal AviationAct of1958, as amended(49U.S.C.1471, et seq.).
(2)
Anyperson who violates section404(d) of the FederalAviationAct of1958, as amended, or any rule, regulation, or order issued thereunder, is subject to a civilpenalty of not morethanthe amount speci.edintheActfor each violation in accordance with section 404(d) or section 901 of the Federal Aviation Act of1958, as amended(49U.S.C.1374,1471, et seq.).
(3)
Any person who operates aircraft for the carriage of persons or property for compensation or hire (other than an airman serving in the capacity of an airman)is subject to a civilpenalty of not morethan $10,000for eachviolation of Title III, VI, or XII of the Federal Aviation Act of 1958, as amended, or any rule, regulation, or order issued thereunder, occurring after December 30, 1987, in accordance with section 901 of the Federal Aviation Act of l958, as amended(49U.S.C.1471 et seq.).
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