49 U.S.C. § 41103 — All-cargo air transportation certificates of air carriers
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 261 words · no verdicts yet
U.S. citizens can apply for a certificate to run all-cargo air transportation. The Secretary must decide within 180 days and cannot restrict where the carrier flies or what it charges.
(a) Applications: A U.S. citizen may apply to the Secretary of Transportation for a certificate to provide all-cargo air transportation. The application must contain the information and be in the form the Secretary requires by regulation.
(b) Issuance: Within 180 days after the application is filed, the Secretary must issue the certificate authorizing any part of the requested all-cargo air transportation, unless the Secretary finds the citizen is not fit, willing, and able to provide it and follow the Secretary's regulations.
(c) Terms: The Secretary may add terms considered necessary when issuing the certificate, but may not add terms restricting where the holder can fly or what it can charge.
(d) Exemptions and Status: A citizen holding a certificate under this section (1) is exempt, while providing that transportation, from the requirements of section 41101(a)(1) and its regulations, and from other parts of this part and their regulations if the Secretary finds by regulation that the exemption is appropriate, and (2) counts as an air carrier under this part except where exempted here.
A citizen of the United States may apply to the Secretary of Transportation for a certificate authorizing the citizen to provide all-cargo air transportation. The application must contain information and be in the form the Secretary by regulation requires.
Not later than 180 days after an application for a certificate is filed under this section, the Secretary shall issue the certificate to a citizen of the United States authorizing the citizen, as an air carrier, to provide any part of the all-cargo air transportation applied for unless the Secretary finds that the citizen is not fit, willing, and able to provide the all-cargo air transportation to be authorized by the certificate and to comply with regulations of the Secretary.
The Secretary may impose terms the Secretary considers necessary when issuing a certificate under this section. However, the Secretary may not impose terms that restrict the places served or prices charged by the holder of the certificate.
A citizen issued a certificate under this section—
is exempt in providing the transportation under the certificate from the requirements of—
section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and
other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and
is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1119; Pub. L. 103–429, § 6(49), Oct. 31, 1994, 108 Stat. 4384.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1119
- 1994Amended · Pub. L. 103-429 · 108 Stat. 4384
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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