Preemption of authority over prices, routes, and service

• Currency: Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023)

(a) DEFINITION.-In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States.

(b) PREEMPTION.-

(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.

(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.

(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.

(4) TRANSPORTATION BY AIR CARRIER OR CARRIER AFFILIATED WITH A DIRECT AIR CARRIER.-

(A) GENERAL RULE.-Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement).

(B) MATTERS NOT COVERED.-Subparagraph (A)-

(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and

(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.

(C) APPLICABILITY OF PARAGRAPH (1).-This paragraph shall not limit the applicability of paragraph (1).

Cite as 49 U.S.C. § 41713

Source: Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103-305, title VI, §601(b)(1), (2) (A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105-102, §2(23), Nov. 20, 1997, 111 Stat. 2205.