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Aviation: An Overview

Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.

Using its constitutional authority to regulate interstate and foreign commerce, Congress has enacted several federal laws pertaining to air navigation. The first of these was the 1926 Air Commerce Act, which provided for the certification and registration of aircraft employed in interstate or foreign commerce, among other things. The statute was amended in 1938 by the Civil Aeronautics Act which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, a Civil Aeronautics Board replcaed the five-member panel, and most of its power was transferred to the Department of Commerce.

In the wake of the September 11, 2001 terrorist attacks, Congress enacted the Aviation and Transportation Security Act of 2001. which established a Transportation Security Administration in the Department of Transportation (TSA). The TSA now resides in the Department of Homeland Security .

As a result of these developments, aviation is now for the most part governed by federal law. Accordingly, states are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting their own laws consistent with federal laws, or from altering existing remedies under state law.