I think this is what the hub bub was about back 11 years ago....... I think I remember wag aero got their hands slapped when this started too...
• BOGUS PARTS: A loosely defined term which has come to describe several parts categories, ranging from properly manufactured parts lacking required documentation
• UNAPPROVED PARTS: Under FAA regulations, all aircraft parts manufactured without FAA approval (specifically FARs Part 21.305 or repaired under the terms of Part 43) are unapproved parts. This catchall classification includes counterfeit parts, stolen parts, production overruns sold without authorization, parts in exceedance of their time limits, approved parts improperly returned to service, and fraudulently marked parts, or parts which have no traceability.
The Aircraft Safety Act of 2000
four-tier sentencing approach. A simple violation of the Act carries with it a maximum punishment of 10 years imprisonment and a fine of up to $250,000. If the offense relates to the "aviation quality" of a part and the part is installed in an aircraft or spacecraft, the maximum punishment increases to 15 years and a fine of up to $500,000. If, however, the part to which the offense is related fails to operate as represented and causes a malfunction or failure that results in serious bodily injury, then the maximum punishment rises to 20 years and a $1 million fine. Finally, if the part to which the offense is related fails to operate as represented and causes a malfunction or failure that results in death, then the maximum punishment increases to life imprisonment and a $1 million fine. Fines for corporate offenders can be as high as $20 million.
The title of the Aircraft Safety Act (the Act) reflects the primary purpose of the bill: to safeguard passengers and crewmembers from the dangers posed by installation of nonconforming, defective, and counterfeit parts in civil, public, or military aircraft or spacecraft. The problems associated with nonconforming, defective, and counterfeit aircraft parts are legion since a single domestic passenger airplane alone can contain as many as 6 million parts. Industry has estimated that as much as $2 billion in unapproved parts are now sitting on the shelves of parts distributors, airlines, and repair stations. Over the past few years, the Department of Transportation Inspector General and the Federal Bureau of Investigation have obtained 136 indictments, 98 convictions, nearly $50 million in criminal fines, restitutions, and recoveries in cases involving unapproved aircraft parts. Additional investigations are underway with no sign of abatement. Yet, until now, no single Federal law targeted the problem in a systematic, organized manner. The Aircraft Safety Act of 2000 has changed that and should prove to be a potent tool to combat this illegal activity.
As noted above, the Act employs a four-tier sentencing approach. A simple violation of the Act carries with it a maximum punishment of 10 years imprisonment and a fine of up to $250,000. If the offense relates to the "aviation quality" of a part and the part is installed in an aircraft or spacecraft, the maximum punishment increases to 15 years and a fine of up to $500,000. If, however, the part to which the offense is related fails to operate as represented and causes a malfunction or failure that results in serious bodily injury, then the maximum punishment rises to 20 years and a $1 million fine. Finally, if the part to which the offense is related fails to operate as represented and causes a malfunction or failure that results in death, then the maximum punishment increases to life imprisonment and a $1 million fine. Fines for corporate offenders can be as high as $20 million.
DEFINITION OF TERMS
• BOGUS PARTS: A loosely defined term which has come to describe several parts categories, ranging from properly manufactured parts lacking required documentation to defective and deliberately counterfeited parts.
• UNAPPROVED PARTS: Under FAA regulations, all aircraft parts manufactured without FAA approval (specifically FARs Part 21.305 or repaired under the terms of Part 43) are unapproved parts. This catchall classification includes counterfeit parts, stolen parts, production overruns sold without authorization, parts in exceedance of their time limits, approved parts improperly returned to service, and fraudulently marked parts, or parts which have no traceability.
• COUNTERFEIT PARTS: Parts made of inferior properties.
• APPROVED PARTS: These parts conform to FAA-approved production standards (FAR 21.305). They can be approved under a Parts Manufacturer Approval (PMA), under Technical Standard Orders (TSOS), in conjunction with type- certification procedures through FAA Administration approval, or by conforming to recognized Industry specifications.