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Title 49 — TransportationRelease 119-73

§41709 Records of air carriers

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart ii— - economic regulation › Chapter CHAPTER 417— - OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— - REQUIREMENTS › § 41709

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Transportation must decide what records air carriers must keep, the format for those records, and how long to keep them. This includes records about movement of traffic and money received and spent. Carriers may keep only records the Secretary approves, but they may add extra records if those do not harm the official records or create an unreasonable cost. The Secretary may inspect an air carrier’s land, buildings, equipment, and the records that must be kept when needed to decide under subchapter II or sections 41102, 41103, or 41302 whether a carrier is fit, willing, and able. The Secretary may employ special agents or auditors to carry out these inspections.

Full Legal Text

Title 49, §41709

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including records on the movement of traffic, receipts and expenditures of money, and the time period during which the records shall be kept. A carrier may keep only records prescribed or approved by the Secretary. However, a carrier may keep additional records if the additional records do not impair the integrity of the records prescribed or approved by the Secretary and are not an unreasonable financial burden on the carrier.
(b)(1)The Secretary at any time may—
(A)inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section 41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and
(B)inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.
(2)The Secretary may employ special agents or auditors to carry out this subsection.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 41709(a)49 App.:1377(d).Aug. 23, 1958, Pub. L. 85–726, § 407(d), 72 Stat. 766. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. 41709(b)49 App.:1377(e) (1st–3d sentences).Aug. 23, 1958, Pub. L. 85–726, § 407(e) (1st–3d sentences), 72 Stat. 766; Jan. 3, 1975, Pub. L. 93–623, § 7(b), 88 Stat. 2105; restated Oct. 4, 1984, Pub. L. 98–443, § 9(t), 98 Stat. 1708. 49 App.:1551(b)(1)(E). In subsection (a), the word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1)(A) and (B), the word “inspect” is substituted for “have access to” for consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words “to carry out this subsection” are substituted for “who shall have authority under the orders of the Board to inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this subsection” to eliminate unnecessary words.

Reference

Citations & Metadata

Citation

49 U.S.C. § 41709

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73