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What is Aviation Law?
Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.

Using its constitutional authority to regulate interstate and foreign commerce, Congress may enact laws pertaining to air navigation. There have been several federal enactments along these lines: The first was the 1926 Air Commerce Act which provided, among other things, for the certification and registration of aircraft employed in interstate or foreign commerce. The statute was amended in 1938 by the Civil Aeronautics Act which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, the five-member panel was changed to the "Civil Aeronautics Board" and most of its power was transferred to the Department of Commerce.

Then the Federal Aviation Act was passed in 1958 establishing the Federal Aviation Agency. There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970 and the Airline Deregulation Act of 1978.

The main source for aviation law is federally based. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.

What about Aviation Accidents?
Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. A general overview of aviation law can inform passengers of their rights in cases of accidents involving all types of aircraft.

The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions, and weather (including turbulence). Private or "general" aviation accidents find their causes in controlled flight into terrain, weather, pilot decision-making, loss of control, and runway incursions.

Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and Federal Emergency Management Agency may also be involved in providing services to victims and their families. Depending on the circumstances of any given crash, other agencies may also be involved.


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