Aviation Law
Federal regulation of air travel, airline liability, aircraft accidents, and drone operations.
Overview
Aviation law is a specialized field governing the operation, regulation, and liability associated with aircraft and air travel. The Federal Aviation Act of 1958 established the Federal Aviation Administration (FAA) as the primary regulatory authority, and the Airline Deregulation Act of 1978 transformed the commercial aviation industry by removing government control over fares, routes, and market entry.
Air carrier liability for passenger injuries on international flights is governed by the Montreal Convention (2003), which replaced the Warsaw Convention and establishes a two-tier liability system. For domestic flights, liability is determined under common law negligence principles, though federal preemption under the Airline Deregulation Act has significantly limited state-law claims related to airline services. The National Transportation Safety Board (NTSB) investigates aircraft accidents and makes safety recommendations.
The rapid growth of unmanned aircraft systems (drones) has created new regulatory challenges. The FAA has established rules for commercial drone operations under 14 CFR Part 107, requiring Remote Pilot Certificates and imposing operational restrictions. Congress continues to address issues including drone integration into the national airspace, privacy concerns, and counter-drone technology for security purposes.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Federal Aviation Act of 1958 | 49 U.S.C. §§ 40101–46507 | Established the FAA and provides the statutory framework for federal regulation of civil aviation, including airspace, certification, and safety standards. |
| Airline Deregulation Act of 1978 | Pub. L. 95-504, 92 Stat. 1705 | Removed federal regulation of airline fares, routes, and market entry, and preempts state laws relating to airline rates, routes, or services. |
| Montreal Convention | S. Treaty Doc. No. 106-45 (2003) | International treaty governing air carrier liability for passenger injury, death, baggage loss, and cargo damage on international flights. |
| General Aviation Revitalization Act | 49 U.S.C. § 40101 note | Established an 18-year statute of repose for claims against general aviation aircraft manufacturers, barring product liability suits for older aircraft. |
| FAA Reauthorization Act of 2018 | Pub. L. 115-254, 132 Stat. 3186 | Reauthorized FAA programs and addressed drone integration, passenger rights, and safety improvements in commercial aviation. |
Key Cases
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992)
Held that the Airline Deregulation Act preempts state consumer protection laws that relate to airline rates, routes, or services.
American Airlines, Inc. v. Wolens
513 U.S. 219 (1995)
Clarified that the ADA preempts state-law claims but does not preempt breach of contract claims based on the airline's own terms.
El Al Israel Airlines v. Tsui Yuan Tseng
525 U.S. 155 (1999)
Held that the Warsaw Convention provides the exclusive cause of action for personal injuries suffered during international air travel.
Air France v. Saks
470 U.S. 392 (1985)
Defined 'accident' under the Warsaw Convention as an unusual or unexpected event external to the passenger, not the passenger's own internal reaction.
Key Regulations
Federal Aviation Regulations (FAR) Part 121
FAA (14 CFR Part 121)
Operating requirements for domestic, flag, and supplemental air carriers and commercial operators of large aircraft.
Small Unmanned Aircraft Rule (Part 107)
FAA (14 CFR Part 107)
Rules for commercial operation of small drones under 55 pounds, including Remote Pilot Certificate requirements and operational limitations.
Aircraft Accident and Incident Notification
NTSB (49 CFR Part 830)
Reporting requirements for aircraft accidents and incidents to the National Transportation Safety Board.
Common Issues
- Air carrier liability for passenger injuries and death
- Federal preemption of state-law claims under the Airline Deregulation Act
- Aircraft product liability and manufacturer defects
- Drone licensing, airspace restrictions, and privacy concerns
- Pilot licensing and medical certification
- Airport noise and land use disputes
- International treaty applicability (Montreal/Warsaw Convention)
State Variations
Aviation is predominantly federally regulated, and the Airline Deregulation Act broadly preempts state laws relating to airline rates, routes, and services. However, states retain authority over airport zoning, noise ordinances (subject to federal preemption for flight paths), state taxation of aviation fuel, and general tort claims not related to airline services. Some states have enacted specific drone privacy laws and restrictions on drone operations beyond federal requirements. State courts may hear aviation tort cases under general negligence principles where federal preemption does not apply.
Resources
Federal Aviation Administration (FAA)
Primary federal agency regulating civil aviation, including airspace management, aircraft certification, and pilot licensing.
National Transportation Safety Board (NTSB)
Independent federal agency investigating aircraft accidents, determining probable cause, and issuing safety recommendations.
International Civil Aviation Organization (ICAO)
United Nations specialized agency setting international aviation standards and recommended practices.