U.S. Code
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Title 49
» Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart iii— safety › Chapter CHAPTER 449— SECURITY › Subchapter SUBCHAPTER I— REQUIREMENTS
49 U.S.C. § 44902
Refusal to transport passengers and property
(a)Mandatory Refusal.—The Administrator of the Transportation Security Administration shall prescribe regulations requiring an air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—(1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or(2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.(b)Permissive Refusal.—Subject to regulations of the Administrator of the Transportation Security Administration, an air carrier, intrastate air carrier, or foreign air carrier may refuse to transport a passenger or property the carrier decides is, or might be, inimical to safety.(c)Agreeing to Consent to Search.—An agreement to carry passengers or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier is deemed to include an agreement that the passenger or property will not be carried if consent to search the passenger or property for a purpose referred to in this section is not given.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, § 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, § 1991(d)(2), Oct. 5, 2018, 132 Stat. 3630.)Historical and Revision Notes |
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44902(a) | 49 App.:1511(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1111; added Sept. 5, 1961, Pub. L. 87–197, § 4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L. 93–366, § 204, 88 Stat. 418. |
44902(b) | 49 App.:1511(a) (last sentence). | |
44902(c) | 49 App.:1511(b). | |
In this section, the word “passenger” is substituted for “person” for consistency in the revised title.
In subsection (a)(1), the words “of his person” are omitted as surplus.
In subsection (a)(2), the words “or inspection” are omitted as surplus.
In subsection (b), the words “reasonable” and “also” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”. The words “the carrier decides is” are substituted for “when, in the opinion of the carrier, such transportation would” to eliminate unnecessary words. The words “of flight” are omitted as surplus.
In subsection (c), the words “for compensation or hire” are omitted because of the definitions of “air transportation” and “intrastate air transportation” in section 40102(a) of the revised title. The word “inspect” is omitted as surplus.
Editorial NotesAmendments2018—Subsec. (a). Pub. L. 115–254, § 1991(d)(2)(A), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for Security” in introductory provisions.
Subsec. (b). Pub. L. 115–254, § 1991(d)(2)(B), substituted “Administrator of the Transportation Security Administration” for “Under Secretary”.
2001—Subsec. (a). Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions.
Subsec. (b). Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator”.
Notes of Decisions
Eid v. Alaska Airlines, Inc., 621 F.3d 858 (9th Cir. 2010).
· cites it 10× “In the case of domestic flights, 49 U.S.C. § 44902 (b) grants air carriers immunity if they act reasonably in excluding passengers from a flight.”
Cerqueira v. Am. Airlines, Inc., 520 F.3d 1 (1st Cir. 2008).
· cites it 11× “His discrimination claim was made against the statutory permission granted to airlines, in 49 U.S.C. § 44902 (b), to refuse to transport a passenger “the carrier decides is, or might be, inimical to safety.”
Shqeirat v. Us Airways, Grp. Inc., 515 F. Supp. 2d 984 (D. Minnesota 2007).
· cites it 10× “Airways’s Arguments Under 49 U.S.C. § 44902 ; Plaintiffs’ Rule 56(f) Motion U.”
Alshrafi v. Am. Airlines, Inc., 321 F. Supp. 2d 150 (D. Mass. 2004).
· cites it 6× “In its answer, American Airlines argues that Blackstone’s actions were lawful under the Airline Deregulation Act, 49 U.S.C. § 44902 (b), which grants air carriers discretion to “refuse to transport a passenger .”
James W. Smith v. Comair, Inc. Delta Airlines, Inc., 134 F.3d 254 (4th Cir. 1998).
· cites it 4× “” 49 U.S.C. § 44902 (b). Air travel in modern society presents formidable safety and security concerns and often passengers with criminal intentions are the source of that threat.”
Al-Qudhai'een v. Am. West Airlines, Inc., 267 F. Supp. 2d 841 (S.D. Ohio 2003).
· cites it 4× “Immunity under 49 U.S.C. § 44902 (b) Defendants contend that Captain Patterson had authority to refuse transportation to plaintiffs and also the authority to remove or have law enforcement remove plaintiffs pursuant to 49 U.”
Abdallah v. Mesa Air Grp., 83 F.4th 1006 (5th Cir. 2023).
· cites it 2× “Specifically, the district court found that two separate statutes—49 U.S.C. §§ 44902 and 44941— granted Mesa immunity, but plaintiffs have appealed only the § 44902 find- ing.”
Anila Daulatzai v. State of Maryland, 97 F.4th 166 (4th Cir. 2024).
“at 541 (quoting 49 U.S.C. § 44902 (b)). The court explained that, based on this provision, a number of courts had concluded that “to succeed on a federal discrimination claim against an air carrier for a [pilot’s] decision to remove a passenger for safety concerns,” the…”
Al-Tawan v. Am. Airlines, Inc., 570 F. Supp. 2d 925 (E.D. Mich. 2008).
· cites it 4× “§ 1981 , Denial of Equal Rights under the Law Count VI: False Imprisonment (state law) Count VII: Intentional Infliction of Emotional Distress (state law) Count VIII: Negligence (state law) 1 On April 29, 2008, Defendant filed a motion to dismiss all Counts on the following…”
Dasrath v. Cont'l Airlines, Inc., 467 F. Supp. 2d 431 (D.N.J. 2006).
· cites it 3× “The latter interest is embodied in, among other laws, 49 U.S.C. § 44902 (b) of the Federal Aviation Act.”
Wainwright's Vacations, LLC v. Pan Am. Airways Corp., 130 F. Supp. 2d 712 (D. Maryland 2001).
“” 49 U.S.C. § 44902 (b). Air travel in modern society presents formidable safety and security concerns and often passengers with criminal intentions are the source of that threat.”
— 49 U.S.C. § 44902(b) — 3 cases
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