What is Aviation Law?
Aviation law refers to the group of statutes that regulates
both aircraft and their facilities. Although states are able
to enact some of their own laws related to air travel, the
major governing bodies are federal. States cannot dictate
rates, services, or routes. Congress has used its constitutional
power to regulate interstate and foreign commerce as a basis
for creating acts related to aviation.
The two most important players in aviation law are the Federal
Aviation Administration (FAA) and the National
Transportation Safety Board (NTSB). The FAA is responsible
for ensuring that the manufacture, operation, and maintenance
of all aircraft meet minimum standards and all current regulations.
The FAA issues and enforces these laws. The NTSB is responsible
for improving air travel safety by investigating all accidents
and problems related to the aviation industry and recommending
any changes that may be necessary.
What is the role of the NTSB?
As an independent federal agency, the National Transportation
Safety Board is not associated with the Department of Transportation.
The NTSB investigates aviation
accidents and offers proposals to enhance future air safety.
Another duty of the Board is to function as a "court
of appeals" for cases involving pilots or other aviation
workers against the FAA. The NTSB has neither regulatory nor
enforcement powers. Its findings serve as information and
recommendation only. Still, its reputation for thorough, impartial
investigations and meaningful counsel has led most (about
80%) of the NTSB's recommendations to be enacted by legislators.
What is the role of the FAA?
Unlike the NTSB, the Federal Aviation Administration has
been a part of the Department of Transportation since 1967
(from 1958 to 1967, it was known as the Federal Aviation Agency
and was independent). The FAA is the main regulatory body
for aviation
safety and standards. It has enforcement powers, as well
as the ability to issue and revise regulations related to
all aspects of air travel safety research, manufacture, and
navigation.
Brief History of the FAA
- 1926 Air Commerce Act - The first instance of federal
authorities taking the lead in aviation law called for the
certification and registration of all aircraft involved
in interstate or foreign commerce.
- 1938 Civil Aeronautics Act - The Civil Aeronautics Authority
(later changed to Civil Aeronautics Board) was created and
assumed all regulatory authority under federal jurisdiction.
- 1958 Federal Aviation Agency - The FAA was first established
in response to a string of midair crashes and the fears
associated with the approaching induction of jet airliners.
The FAA was originally headed by an Air Force general, Elwood
"Pete" Qusada. He and the FAA launched the drive
for increased safety in the aviation industry. A quality
control system was required for all manufacturers, and certificates
were issued based on compliance with safety procedures and
regulations.
- 1967 Federal Aviation Association -- The FAA became a
part of the Department of Transportation, and it was renamed
the Federal Aviation Administration.
Flight Operational Quality Assurance Programs
Flight Operational Quality Assurance (FOQA) programs help
to evaluate current procedures and flight situations through
the use of in-flight recorders. These recorders offer the
opportunity to convert the data they log into practical evaluations
of current procedures. The effectiveness of training, standard
operating procedures, management, and cockpit workload can
all be assessed according to the information provided by the
in-flight recorder. For example, if, after a crash, it is
determined that the flight crew was overwhelmed with too many
tasks or provided with too little information, reducing workload
or increasing communication may prove to prevent future accidents
in similar circumstances. FOQA programs are used to interpret
the events that lead to an accident, in order to reduce risks
and make future flights safer. |
