United States v. St. Amour

The Eleventh Circuit affirmed defendant's conviction for operating an aircraft with an unapproved fuel system in violation of 49 U.S.C. 46306(b)(9). The court rejected defendant's contention that the term "operates an aircraft" covers actions during or imminent to flight. The court held that both the United States Code and the Code of Federal Regulations — and clarified through the decisions of the Civil Aeronautics Board and the National Transportation Safety Board — that the term "operate" encompasses the refueling of an aircraft for the purpose of flight. In this case, defendant started the engine of the aircraft and taxied to a maintenance hangar where he refueled the aircraft to prepare for a flight the next day. Therefore, defendant operated the aircraft within the meaning of section 46306(b)(9) when he started, taxied, and fueled the aircraft in preparation for the first of his flights on the voyage to Paraguay. View "United States v. St. Amour" on Justia Law