Aviation Law Center
The federal government largely controls the field of aviation law. States can enact their own laws if they are consistent with federal laws, but they cannot control the rates, routes, or services of airlines. Three major federal agencies oversee aviation in the US:
- Federal Aviation Administration
- National Transportation Safety Board
- Transportation Security Administration
Also, some aviation laws arise from treaties and other international laws. The Warsaw Convention limits the liability of airlines for accidents on international flights, for example, unless an airline engaged in willful misconduct. Other conventions outline passenger rights and impose requirements on airlines. The International Civil Aviation Organization provides general rules for travel and mediates disputes in international aviation law.
The Federal Aviation Administration
Formerly the Federal Aviation Agency, the FAA was integrated into the US Department of Transportation in the 1960s. It is the largest agency within the DOT. The head of the FAA reports to the Secretary of Transportation, rather than the President, and the DOT must approve any FAA budget requests or new programs that it develops.
While the FAA initially oversaw aviation matters related to national security, the Department of Homeland Security now handles most of these issues. Instead, the FAA has worked on many environmental issues, such as noise pollution, and it has developed a sophisticated air traffic control system. The agency oversees pilot certification, controls flight inspection standards for air navigation facilities, and issues regulations that protect the safety of passengers. The FAA also promotes the development of new technologies in the aeronautics industry.
The National Transportation Safety Board
When the FAA was integrated into the DOT, the NTSB took over the duties of the former Bureau of Aviation Safety. While the agency initially reported to the DOT, it became an independent agency in the 1970s. This allows the NTSB to investigate the FAA, which falls under DOT authority, without creating internal conflicts. The NTSB consists of a five-member board, of which each member is nominated by the President and confirmed by the Senate.
The responsibilities of the NTSB are not limited to aviation. It aims to determine the cause of transportation accidents throughout the US and provide safety recommendations in response. This process involves sending a team of specialists to an accident location and potentially holding public hearings about their findings. The NTSB provides recommendations to agencies and other entities involved in various fields of transportation, but it has no legal authority to impose rules.
The Transportation Security Administration
Created shortly after the terrorist attacks on September 11, 2001, the TSA eventually was transferred from the DOT to the Department of Homeland Security. While its authority is not limited to aviation, it is best known for the security procedures that it has implemented in airports. The core of the TSA consists of Transportation Security Officers, who handle screenings of passengers and luggage at airport checkpoints. The TSA also deploys explosives specialists, canine teams, and Federal Air Marshals, among other agents. While Transportation Security Officers are not armed and do not have the authority to make arrests, Federal Air Marshals carry weapons and serve a law enforcement role.
Controversy has shrouded the TSA throughout its relatively brief existence. Its opponents have alleged that its employees engage in racial profiling, sexual harassment, baggage theft, and other infringements of passenger rights. Meanwhile, undercover investigations of its employees have identified widespread failures in carrying out their basic duties. However, efforts to disband the agency have not gained traction.
