[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80303]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 803--CONTRABAND
Sec. 80303. Seizure and forfeiture
The Secretary of the Treasury or the Governor of Guam or of the
Northern Mariana Islands as provided in section 80304 of this title, or,
when the violation of this chapter involves contraband described in
paragraph (2) or (5) of section 80302(a), the Attorney General or a
person authorized by another law to enforce section 80302 of this title,
shall seize an aircraft, vehicle, or vessel involved in a violation of
section 80302 and place it in the custody of a person designated by the
Secretary, the Attorney General, or appropriate Governor, as the case
may be. The seized aircraft, vehicle, or vessel shall be forfeited,
except when the owner establishes that a person except the owner
committed the violation when the aircraft, vehicle, or vessel was in the
possession of a person who got possession by violating a criminal law of
the United States or a State. However, an aircraft, vehicle, or vessel
used by a common carrier to provide transportation for compensation may
be forfeited only when--
(1) the owner, conductor, driver, pilot, or other individual in
charge of the aircraft or vehicle (except a rail car or engine)
consents to, or knows of, the alleged violation when the violation
occurs;
(2) the owner of the rail car or engine consents to, or knows
of, the alleged violation when the violation occurs; or
(3) the master or owner of the vessel consents to, or knows of,
the alleged violation when the violation occurs.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107-
296, title XI, Sec. 1112(q), Nov. 25, 2002, 116 Stat. 2278.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80303................................. 49 App.:782. Aug. 9, 1939, ch. 618, Sec. 2, 53
Stat. 1291; Nov. 18, 1988, Pub. L. 100-
690, Sec. 6076(a), 102 Stat. 4324.
49 App.:783 (last sentence). Aug. 9, 1939, ch. 318, Sec. 3 (last
sentence), 53 Stat. 1292.
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In this section, before clause (1), the words ``The Secretary of the
Treasury . . . shall seize'' are substituted for ``shall be seized'' in
49 App.:782 and ``It shall be the duty of any officer, agent, or other
person so authorized or designated . . . whenever he shall discover any
vessel, vehicle, or aircraft'' in 49 App.:783 (last sentence) to
eliminate unnecessary words and for consistency in the revised title.
The words ``the Governor of Guam or of the Northern Mariana Islands as
provided in section 80304 of this title'' are added because under 49
App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and
because, under section 502(a)(2) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with the
United States of America, as enacted by the Act of March 24, 1976
(Public Law 94-241, 90 Stat. 263), and proclaimed to be in effect by the
President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R.
56593, 48 U.S.C. 1681 (note)), the Commonwealth was given the same
authority as Guam when a law applies to Guam and the States of the
United States generally. The words ``or a person authorized by another
law to enforce section 80302 of this title'' are substituted for ``or
authorized by law'' for clarity. The words ``involved in a violation of
section 80302'' are substituted for ``which has been or is being used in
violation of any provision of section 781 of this Appendix, or in, upon,
or by means of which any violation of said section has taken or is
taking place'' in 49 App.:782 and ``which has been or is being used in
violation of any of the provisions of this chapter, or in, upon, or by
means of which any violation of this chapter has taken or is taking
place'' in 49 App.:783 (last sentence) to eliminate unnecessary words.
The word ``designated'' is substituted for ``authorized or designated''
in 49 App.:783 (last sentence) to eliminate unnecessary words. The words
``or appropriate Governor, as the case may be'' are added for clarity
and for consistency in this section. The words ``to await disposition
pursuant to the provisions of this chapter and any regulations issued
hereunder'' are omitted as unnecessary. The words ``except when . . .
committed the violation'' are substituted for ``Provided further, That
no vessel, vehicle, or aircraft shall be forfeited under the provisions
of this chapter by reason of any act or omission . . . committed or
omitted'' in 49 App.:782 for clarity. The words ``However . . . used by
a common carrier to provide transportation for compensation may be
forfeited only when'' are substituted for ``Provided, That no . . . used
by any person as a common carrier in the transaction of business as such
common carrier shall be forfeited under the provisions of this chapter
unless it shall appear that'' for clarity and consistency in the revised
title. In clauses (1)-(3), the words ``knows of'' are substituted for
``privy thereto'' for clarity. The word ``violation'' is substituted for
``illegal act'' for consistency in the revised title and with other
titles of the United States Code.
References in Text
The criminal laws of the United States, referred to in text, are
classified generally to Title 18, Crimes and Criminal Procedure.
Amendments
2002--Pub. L. 107-296, Sec. 1112(q)(2), inserted ``, the Attorney
General,'' after ``by the Secretary'' in intro
