49 U.S. Code § 44902 - Refusal to transport passengers and property

(a)Mandatory Refusal.—The Under Secretary of Transportation for Security 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 Under Secretary, 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.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

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.

Amendments

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”.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.