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What is Aviation Law? Aviation law includes federal and state governments that enact
statues and create administrative agencies to regulation air traffic. The operation of aircraft and the maintenance of aviation facilities
are governed under aviation law, and the Federal Aviation Administration
uses different types of action to enforce their laws and regulations.
Federal and state governments have created statutes and formed administration
agencies in order to better regulate air traffic. Both the maintenance
of aviation facilities and the operations of aircraft are governed
under aviation law.
The Air Commerce Act was created in 1926 to provide the certification
and registration of aircraft employed in interstate or foreign commerce.
Following that in 1938 was the Civil Aeronautics Act, which created
the Civil Aeronautics Authority. This act amended the statute with
a five-member panel that had the power to regulate all aspects of
aviation within federal jurisdiction. Later, this five-member panel
became the Civil Aeronautics Board, transferring most of its power
to the Department of Commerce. The Federal Aviation Agency was established
in 1958 with the passing of the Federal Aviation Act.
For the most part, aviation law is federally based and states are
prohibited from regulating rates, routes, or services of any air
carrier authorized under the Federal Aviation Act to provide interstate
air transportation.
The FAA uses a couple different strategies to enforce FAA regulations,
either through civil penalty, criminal penalty, administrative action,
certification action, or reexamination. Depending on the aircraft
situation, the FAA will take appropriate measures to determine what
type of action is necessary.
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