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49 U.S.C. § 41106Airlift service

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 332 words · no verdicts yet

in plain englishAI-generated · not legal advice

Military airlift contracts for passengers or cargo generally must go to certified U.S. air carriers with planes eligible for the civil reserve air fleet, unless no such carrier is available and willing.

(a) Interstate Transportation: (1) Except as noted in (d), when the Secretary of Defense or a military department gets a contract for airlift service carrying passengers or property within the U.S. using CRAF-eligible aircraft (planes eligible for the civil reserve air fleet), that contract may only go to an air carrier that (A) has aircraft in the civil reserve air fleet, or offers to add them, and (B) holds a section 41102 certificate. (2) The Secretary of Transportation must act as quickly as possible on any certificate application to provide this airlift service. (b) Transportation Between the United States and Foreign Locations: Except as noted in (d), the same kind of airlift contract for flights between the U.S. and a foreign place must go to a carrier meeting the (a) requirements. (c) Transportation Between Foreign Locations: The same kind of airlift contract for flights between two foreign places must go to a carrier meeting the (a) requirements, whenever such a carrier is reasonably available. (d) Exception: If the Secretary of Defense decides no certified air carrier is able and willing to provide the airlift service, the Secretary of Defense may contract with an air carrier that doesn't hold a certificate. (e) CRAF-eligible Aircraft Defined: In this section, "CRAF-eligible aircraft" means aircraft the Secretary of Defense has determined can participate in the civil reserve air fleet.
the actual law source: uscode.house.gov ↗public domain
(a)Interstate Transportation.—
(1)

Except as provided in subsection (d) of this section, the transportation of passengers or property by CRAF-eligible aircraft in interstate air transportation obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service in the United States may be provided only by an air carrier that—

(A)

has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and

(B)

holds a certificate issued under section 41102 of this title.

(2)

The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.

(b)Transportation Between the United States and Foreign Locations.—

Except as provided in subsection (d), the transportation of passengers or property by CRAF-eligible aircraft between a place in the United States and a place outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a).

(c)Transportation Between Foreign Locations.—

The transportation of passengers or property by CRAF-eligible aircraft between two places outside the United States obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service shall be provided by an air carrier referred to in subsection (a) whenever transportation by such an air carrier is reasonably available.

(d)Exception.—

When the Secretary of Defense decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift service, the Secretary of Defense may make a contract to provide the service with an air carrier not having a certificate.

(e)CRAF-eligible Aircraft Defined.—

In this section, “CRAF-eligible aircraft” means aircraft of a type the Secretary of Defense has determined to be eligible to participate in the civil reserve air fleet.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106–398, § 1 [[div. A], title III, § 385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87; Pub. L. 112–81, div. A, title III, § 365, Dec. 31, 2011, 125 Stat. 1380.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1121
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1380

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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