Aviation
Aviation law governs the maintenance and security of aviation facilities, as well as the operation of the aircraft, in order to serve the common good. Concerns over the proper licensing of pilots, maintenance of planes, and prevention of mid-air collisions are all answered by aviation laws that govern the daily operations of air traffic.Aviation Acts and Regulation
Congress has the constitutional authority to regulate interstate and foreign commerce; it is also the means for developing laws that pertain to air travel. The Air Commerce Act, the very first aviation law, was passed in 1926. This piece of legislation provided for the registration and certification of aircraft that were used in interstate or foreign commerce.
In 1938, the Civil Aeronautics Act replaced the Air Commerce Act and led to the creation of the Civil Aeronautics Authority (CAA). The CAA is a five-member panel with the power to regulate anything dealing with aviation within federal jurisdiction. After some time, however, most of the board’s power was given to the Department of Commerce, and the name of the panel was changed to the Civil Aeronautics Board.
In 1958, the Federal Aviation Act, which was responsible for creating the Federal Aviation Administration (FAA), was passed. Most recently, Congress enacted the Aviation and Transportation Security Act of 2001. This act created a Transportation Security Administration in the Department of Transportation, but soon became a part of the Department of Homeland Security.
Enforcing Aviation Laws
States enforce existing aviation laws and interpret them based on state regulation and legislation. However, the jurisdiction of aviation law is always federal.
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