§45106 — Title 49 Transportation | U.S. Code

Summary

State and local governments may not make or keep rules that conflict with FAA rules under this chapter. But FAA rules do not override State criminal laws that punish reckless acts causing death, injury, or property damage. The FAA Administrator must limit rules for foreign airlines to those that match U.S. international obligations and must consider foreign laws. The Secretaries of State and Transportation must ask ICAO countries to strengthen and enforce bans on crewmembers using alcohol or controlled substances in ways that break law or U.S. rules. The FAA may keep or change any alcohol/drug rules it had before October 28, 1991 for certain safety‑sensitive aviation workers (for example, pilots, crew, airport screeners, and airline or FAA employees with safety duties).

Title 49, §45106

Transportation — Source: USLM XML via OLRC

(a)A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.

(b)(1)In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—

(A)shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and

(B)shall consider applicable laws and regulations of foreign countries.

(2)The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.

(c)This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 45106(a)49 App.:1434(e)(1).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 614(e); added Oct. 28, 1991, Pub. L. 102–143, § 3(a), 105 Stat. 956. 45106(b)49 App.:1434(e)(3). 45106(c)49 App.:1434(e)(2). In subsection (a), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the United States Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “actual” and “whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public” are omitted as surplus. In subsection (c) the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.

Editorial Notes

Amendments

2001—Subsec. (c). Pub. L. 107–71 substituted “screening employees” for “screening contract employees”.

§45106 Relationship to other laws, regulations, standards, and orders