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Aviation Law Definition
An Aviation Law attorney provides counsel and planning in all segments of the aviation industry. The attorneys in this practice area focus their practice on flight, air travel, associated legal and business concerns, the operation of aircraft, and the maintenance of aviation facilities. This highly specialized field requires a comprehensive knowledge of FAA regulations, specific laws regarding flight, and an in-depth understanding of aviation.
Throughout history, Congress has enacted several federal laws pertaining to air navigation. Congress passed the Federal Aviation Act in 1958, establishing the Federal Aviation Administration. Since then, several subsequent federal acts, including the Airport and Airway Development Act of 1970 and the Airline Deregulation Act of 1978, have further regulated aviation.
In the wake of the September 11, 2001, terrorist attacks, Congress enacted the Aviation and Transportation Security Act of 2001, which established a Transportation Security Administration in the Department of Transportation (TSA). The TSA now resides in the Department of Homeland Security.
While state governments have created administrative agencies and enacted statutes and regulations in effort to regulate air traffic, register aircraft, and regulate pilots, aviation is, for the most part, governed by federal law. Accordingly, states are prohibited from regulating rates, routes, or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting their own laws consistent with federal laws, or from altering existing remedies under state law. Additionally, Federal law does not preempt state products liability law, and in many defective product cases, aviation manufacturers may be held strictly liable.
Aviation attorneys must be prepared to represent airmen and operators and provide solutions and legal advice in areas including:
The practice of Aviation law also can include representation at both the federal and state court levels on behalf of persons who are suffering from loss or injury due to an aircraft tragedy.
