Airport security isn’t exactly a traveler’s favorite part of flying. But what happens when things go sideways during a TSA screening? It’s easy to forget about the consequences of a momentary lapse in judgment. However, the TSA has some very clear regulations when it comes to violations, and if you're caught, you could be facing some serious civil penalties.
The basics
First, let's break down the major penalties you could face if you run afoul of the TSA’s rules. Under § 114 of the Transportation Security Administration Act, a person can be fined up to $10,000 for violations of TSA regulations. This is a broad catch-all provision that encompasses many infractions, from failed compliance with screening processes to more severe offenses.
But there's more to it. What if you’re carrying something more dangerous than a bottle of shampoo that’s just a tad too large? 49 U.S.C. § 46303 sets the bar even higher for anyone trying to board an aircraft with a concealed dangerous weapon. If you attempt to bring a weapon through security, you can be slapped with $10,000 per violation, and that's just the fine. Serious charges could follow, making this a very expensive mistake indeed.
How TSA deals with minor infractions
For violations that aren’t as serious but still break the rules, the TSA has a more streamlined process to deal with civil penalties. Under 49 CFR 1503.421, for violations that involve presenting a weapon, explosive, or incendiary device (fireworks included), TSA can issue a Notice of Violation. The proposed civil penalties here can be lower than $5,000, but they still pack a punch. This process is intended to make it easier for the TSA to handle smaller infractions without the need for more complex legal procedures.
However, this doesn't mean the process is always simple for travelers. Even if you're hit with a streamlined penalty, you may still find yourself in a bit of a tangle, trying to figure out how to get the fine reduced or how to contest the charges.
More serious penalties and fines
For more severe infractions, like smuggling dangerous materials or carrying larger weapons, the stakes get much higher. Under 49 CFR § 1503.401 outlines how the TSA handles more egregious violations. If the penalty exceeds $5,000, a formal civil penalty letter will be issued (see 49 CFR § 1503.703), notifying the traveler of the violation and the proposed penalty. The letter also outlines how you can settle or compromise the fine, but let’s be real—it’s not as easy as just agreeing to a payment plan.
The rules don’t stop there. For some violations, you could be facing up to $14,602 per violation, as outlined in § 1503.401. If you’re a small business or an individual with multiple offenses, the cap is $73,011 for the total penalty. You’ll quickly find out that even one bad decision at the airport can lead to fines that stretch your travel budget further than you might have imagined.
Contesting a TSA penalty
If you’ve received a TSA Notice of Violation or Proposed Civil Penalty, you have 30 days to respond. Options include paying the fine, submitting written evidence to contest the violation, requesting a penalty reduction with supporting documents, or requesting an Informal Conference with a TSA official to discuss the matter. These streamlined procedures are governed by 1503.421 and 49 CFR § 1503.413.
If you decide to formally contest the penalty, you may request a hearing before an Administrative Law Judge (ALJ), who will evaluate the case based on substantial evidence and legal precedent. The ALJ’s decision can be appealed to the TSA Final Decision Maker, who reviews both factual findings and legal conclusions. If further judicial review is necessary, you can petition the appropriate Circuit Court under 49 U.S.C. § 46110, which grants federal appellate courts exclusive jurisdiction over TSA orders. The court may affirm, modify, or overturn the TSA's decision, or order further proceedings.
Final takeaways
The important takeaway here is that TSA violations are not to be taken lightly. It’s essential to familiarize yourself with the TSA’s guidelines, especially as it relates to restricted and prohibited items. If you find yourself in a sticky situation and are hit with a civil penalty, don’t panic. The TSA’s regulations provide a clear process for contesting fines and negotiating settlements. Just keep in mind that you may have to pay a price for not being vigilant during your airport prep.
If you’re facing a TSA civil penalty, consulting with an experienced attorney can make all the difference in effectively contesting the charges. Jetton & Meredith can help. Call us for a consultation today.