ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 41713 — Preemption of authority over prices, routes, and service

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 394 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section generally prevents States and certain State authorities from regulating air-carrier prices, routes, or services, while preserving stated Alaska, airport-owner, safety, highway, insurance, and household-goods rules.

(a) “State” means a State, the District of Columbia, or a United States territory or possession.

(b)(1) Except as this subsection provides, a State, its political subdivision, or a political authority of at least two States may not enact or enforce a law or other rule having the force of law that relates to an air carrier’s price, route, or service when the carrier may provide air transportation under this subpart. (2) Paragraphs (1) and (4) do not apply to air transportation entirely within Alaska unless it is noncharter transportation under a section 41102 certificate. (3) This subsection does not limit an airport-owning or airport-operating State authority from exercising its proprietary powers and rights when the airport is served by a carrier with a Secretary-issued certificate. (4)(A) Except under (B), the same State authorities may not enact or enforce such a rule relating to the price, route, or service of an air carrier or a commonly controlled affiliate of a direct air carrier when transporting property by aircraft or motor vehicle, whether or not the property has had or will have air movement. (B)(i) This does not restrict State motor-vehicle safety regulation, highway route controls or limits based on vehicle size, weight, or hazardous cargo, or State regulation of motor carriers concerning minimum financial responsibility for insurance and self-insurance. (ii) It does not apply to household-goods transportation as defined in section 13102. (C) Paragraph (4) does not limit paragraph (1).

the actual law source: uscode.house.gov ↗public domain
(a)Definition.—

In this section, “State” means a State, the District of Columbia, and a territory or possession of the United States.

(b)Preemption.—
(1)

Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.

(2)

Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.

(3)

This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.

(4)Transportation by air carrier or carrier affiliated with a direct air carrier.—
(A)General rule.—

Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement).

(B)Matters not covered.—

Subparagraph (A)—

(i)

shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and

(ii)

does not apply to the transportation of household goods, as defined in section 13102 of this title.

(C)Applicability of paragraph (1).—

This paragraph shall not limit the applicability of paragraph (1).

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, § 601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, § 2(23), Nov. 20, 1997, 111 Stat. 2205.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1143
  • 1994Amended · Pub. L. 103-305 · 108 Stat. 1605, 1606
  • 1997Amended · Pub. L. 105-102 · 111 Stat. 2205

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case