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49 U.S.C. § 41101Requirement for a certificate

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

Airlines need a certificate to carry passengers, run charters, or haul cargo. Some in-state carriers can connect with certified airlines, but a certificate never gives exclusive rights to airspace or airports.

(a) General: Unless another law or part of this chapter says otherwise: (1) an air carrier can only provide regular air transportation if it holds a certificate for that transportation issued under this chapter; (2) a charter air carrier can only provide charter transportation if it holds a certificate for that; and (3) an air carrier can only provide all-cargo transportation if it holds a certificate for that. (b) Through Service and Joint Transportation: A U.S. citizen carrying passengers or property within one state as a common carrier, for pay, using aircraft that can hold at least 30 passengers, under authority from that state, may (1) offer "through service" - transportation that continues from its in-state routes into a certified air carrier's or foreign air carrier's routes - and (2) subject to sections 41309 and 42111, make an agreement with an air carrier or foreign air carrier to jointly provide that transportation. (c) Proprietary or Exclusive Right Not Conferred: Holding a certificate under this chapter does not give the holder ownership or exclusive rights to use airspace, a U.S. airway, or an air navigation facility.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

Except as provided in this chapter or another law—

(1)

an air carrier may provide air transportation only if the air carrier holds a certificate issued under this chapter authorizing the air transportation;

(2)

a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued under this chapter authorizing the charter air transportation; and

(3)

an air carrier may provide all-cargo air transportation only if the air carrier holds a certificate issued under this chapter authorizing the all-cargo air transportation.

(b)Through Service and Joint Transportation.—

A citizen of the United States providing transportation in a State of passengers or property as a common carrier for compensation with aircraft capable of carrying at least 30 passengers, under authority granted by the appropriate State authority—

(1)

may provide transportation for passengers and property that includes through service by the citizen over its routes in the State and in air transportation by an air carrier or foreign air carrier; and

(2)

subject to sections 41309 and 42111 of this title, may make an agreement with an air carrier or foreign air carrier to provide the joint transportation.

(c)Proprietary or Exclusive Right Not Conferred.—

A certificate issued under this chapter does not confer a proprietary or exclusive right to use airspace, an airway of the United States, or an air navigation facility.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1118.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1118

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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