Oklahoma Aviation Law
The Hershewe Law Firm is glad to help pilots, small airline companies, and passengers understand aviation law, and the federal and Oklahoma regulations commercial and private airplane owners must adhere to. Our Oklahoma aviation attorneys warn, however, that aviation law is extremely complex. We can give no more than a brief outline here. We advise you to consult our aviation lawyers at The Hershewe Law Firm for a fuller understanding of federal and Oklahoma aviation laws.
Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Federal and Oklahoma laws seek to regulate aviation, and there are many agencies involved in interpreting, enforcing and supporting many aspects of the law, including:
- The NASA Office of Aerospace Technology
- The Federal Aviation Administration
- The Federal Communications Commission Aviation Radio Service
- The National Association of State Aviation Officials
- The National Transportation Safety Board
- The Office of Aeronautical Charting and Cartography
- The Office of Aircraft Services, U.S. Department of the Interior
- The Transportation Security Administration, U.S. Department of Transportation
- The U.S. Department of Homeland Security
- The U.S. House Subcommittee on Aviation
- The Oklahoma Aeronautics Commission
The main source for aviation law is federal. Oklahoma is prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. Oklahoma is not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.
Commercial and Charter Air Operations
Federal laws determine the safety standards for pilots, crew, and other employees of commercial air carriers, as defined the Code of Federal Regulations, which require a heightened standard of care for passengers and crew in commercial and charter operations. Certain regulations apply to large commercial aircraft that hold 30 passengers or more; others are written for smaller, commuter or air taxi aircraft that hold less than 30 passengers.
The federal government preempts Oklahoma from developing its own safety standards in commercial aviation, and litigation in state courts involving air crashes must consider complex regulations under the Federal Aviation Act, enforced by the National Transportation and Safety Board (NTSB). The NTSB oversees and regulates transportation in the United States, including all aviation. As part of that responsibility, the NTSB investigates all aviation accidents to determine the cause. Federal law, however, strictly limits the use of NTSB reports to establish liability in civil litigation.
Private and General Aviation
Unlike commercial air carriers, private or general aviators are not required to maintain a heightened standard of care towards passengers. The law treats a general aviator much like the operator of a motor vehicle, requiring that the pilot use reasonable care to avoid accident or injury. Even in cases where a general aviator agrees to carry a fare-paying passenger, only the common rules of negligence and due care apply with respect to the maintenance and inspection of the aircraft. Like the standard for commercial pilots, the pilot of a private aircraft must still comply with the standards of care and expertise of the average, qualified pilot in the operation of the plane.
Aviation Attorneys and the Law
After any air crash, legal claims may involve pilot error, faulty manufacture and maintenance, unsafe flying and weather conditions, defective onboard computers or software or fuel tank explosions.
The Hershewe Law Firm, P.C., encourages airline companies and private pilots to consult experienced aviation attorneys regarding their possible exposure to lawsuits and their needs for insurance coverage. In the event of any air crash, survivors or victims' family members should also consult an aviation attorney who has the combined legal and technical knowledge and financial resources to lead an investigation into the cause of a crash and pursue a settlement or lawsuit to recover the maximum compensation allowed.
For More Oklahoma Aviation Law Information
More aviation law information can be found on the following pages:
If The Hershewe Law Firm, P.C., can help you understand how federal and Oklahoma aviation law applies to you, please call us toll-free at 877-382-9734, or complete our web form.
