Arkansas and Federal Aviation Law

Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Using its constitutional authority to regulate interstate and foreign commerce, Congress enacted laws to provide for the certification and registration of aircraft employed in interstate or foreign commerce. As the fledgling aeronautics industry grew, they refined the Civil Aeronautics Authority into the Civil Aeronautics Board, which was then added to the Department of Commerce.

As the aeronautics industry (both domestic and international) matured, Congress responded by passing the Federal Aviation Act in 1958, which established the Federal Aviation Administration. The primary concern of the FAA is the safety and security of civil aviation. To this end they regulate:

• Licensing and standards of fitness for aircraft
• Licensing and standards for pilots
• Licensing and standards for flight schools
• Regulation of cargo and it’s safe transport
• Control of airspace and flight lanes

There have been additional federal regulations most notably the creation of the Transportation Security Administration (TSA) in the Department of Transportation. The TSA now resides in the Department of Homeland Security. The main authority for aviation law is federal. Federal aviation law supersedes that of the states. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation.

Arkansas aviation is governed by the Arkansas Department of Aeronautics whose purpose is to represent the State of Arkansas in the promotion and development of landing fields, airports, hangars, and other aeronautical projects and to cooperate with the Federal Aviation Administration. The goal of both of these organizations is to provide for the safety of aircraft, and their passengers as well as the safety of the land and occupants beneath which aircraft fly.

The Arkansas Department of Aeronautics (ADA):

• administers aeronautics regulations with regard to license of airports, landing fields, and air navigation facilities
• Investigates, records, and reports the causes of accidents in civil air navigation within the state
• Adopts rules and regulations governing instruction in flight or ground school offered to student fliers or mechanics when the instruction is conducted by individual flight instructors licensed under appropriate Federal Aviation Administration regulations
• Establishes the minimum safe altitudes for flight
• Establishes air traffic rules
• Establishes rules for damage injury or liability by pilots or owner/operators of aircraft with regard to injury or death of passengers

Understanding aviation law is a complex undertaking as it is subject to regulation by more than one entity. In Arkansas you should consider obtaining an Arkansas aviation law firm to get the best legal advice.

If you have questions about Arkansas aviation law you should contact The Hershewe Law Firm for assistance toll-free at 1-877-382-9734, or use our contact web form.