Title 37 — Title 37

This chapter shall be known and may be cited as the “Alabama Air Commerce Act.” History: (Acts 1945, No. 269, p. 414, §27.)

to Exempt Same from Operation of Chapter. The commission may make such just and reasonable classifications for brokers and air carriers, according to geographical sections, types or otherwise, as it may determine to be in the public interest, and may make any provision of this ch…

Commission; Remedial Action by Commission; Dismissal of Complaints. The commission may investigate, either upon complaint or upon its own initiative, whether any broker or air carrier has failed to comply with any provisions of this chapter or with any orders, rules, regulations …

The commission is authorized to confer with or to hold joint hearings with any authorities of any state or of the government of the United States having jurisdiction with respect to matters involving air carriers, in connection with any matter arising under this chapter. The comm…

The commission shall have authority to investigate all interstate rates, fares, charges, classifications and services, or rules or practices in relation thereto, for or in relation to the interstate transportation of property or passengers by aircraft, where any act in relation t…

Except as herein otherwise expressly provided, in all respects in which the commission has power and authority under the Constitution of this state or this chapter, applications and complaints may be made and filed with the commission; processes, notices and orders issued, served…

No member of the commission nor any employee of the commission appointed or employed in the administration of this chapter, shall in any manner, directly or indirectly, have pecuniary interest in, or any securities of, or hold any position with, any air carrier, broker, motor car…

Required. (a) Certificate. No person shall engage in the business of a common carrier by aircraft unless there is in force a certificate issued by the commission authorizing such person to engage in such business. (b) Permit. No person shall engage in the business of a contract c…

Application; Notice and Public Hearing on Application; Investigations to Determine Need for Additional Air Transportation; Institution of Proceedings to Furnish Additional Services Determined Necessary. (a) Applications for certificates and permits shall be made in writing to the…

Surety Bonds, Insurance Policies, Etc., Required. No certificate or permit shall be issued to an air carrier or shall remain in force unless such carrier complies with such reasonable rules and regulations as the commission shall prescribe covering the filing and approval of sure…

Issuance or Denial; Standards; Temporary Authorization for Service. (a) The commission shall, subject to subsections (b) and (d) of this section and Section 37-9-18, issue a certificate or permit as applied for authorizing the whole or any part of the operation covered by an appl…

As used in this chapter, unless the context otherwise requires: (1) AIR CARRIER. This term includes both a common carrier by aircraft and a contract carrier by aircraft. (2) AIR COMMERCE. The carriage by aircraft of persons or property, or any class or classes thereof, for compen…

Contents; Terms, Conditions and Limitations; Effective Date; Duration; Charter Flights; Emergency Landings, Etc. (a) Each certificate issued under this chapter shall specify the points between which, or areas within which the person is authorized to engage in operations as a comm…

Alteration, Amendment, Modification, Suspension or Revocation. The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order alter, amend, modify, suspend or revoke any certificate or permit, in whole or in part, for…

Authority to Require Common Carriers to Make Reasonable Extension of Existing Service. The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order require any common carrier by aircraft to make reasonable extension…

Transfer or Lease. Any certificate or permit may be transferred or leased subject to the approval of the commission and under such rules and regulations as may be prescribed by the commission. Except where a transfer of a certificate or a permit results from the operation of law,…

of Commission as to Brokers’ Accounts, Reports and Records. (a) No person shall, for compensation, sell or offer for sale transportation subject to this chapter or shall make any contract, agreement or arrangement to provide, procure, furnish or arrange for such transportation or…

Revenue. (a) The commission shall have the right to fix reasonable fees to be paid to the commission by any applicant for a certificate or permit or for any other purpose provided for by the terms of this chapter; provided, that such fees in all instances be reasonable and compar…

No common carrier by aircraft shall abandon or discontinue any route, or part thereof, for which a certificate has been issued by the commission, unless upon the application of such common carrier, after notice and opportunity for hearing, the commission shall find such abandonme…

and Consequences Thereof; Refunds or Remittances of Rates, Fares and Charges; Changes in Rates, Fares and Charges; Filing of Divisions of Joint Rates, Fares and Charges. (a) Every common carrier by aircraft shall file with the commission, print and make available to the public, t…

and Advantages Prohibited; Extension of Credit; Commission to Establish, Enforce, Etc., Reasonable Rates, Fares, Etc.; Proceedings as to Validity of Rates, Fares, Etc.; Authority to Prescribe Service and Rates, Fares, Etc.; Time Tables. (a) It shall be the duty of every common ca…

by Carriers; Right of Access to Lands, Buildings, Accounts, Etc., of Carriers; Appointment of Special Agents or Auditors to Inspect Same. (a) The commission is empowered to require annual reports from any air carrier covering any or all operations of business. The contents of suc…

Intrastate Commerce. Nothing in this chapter shall be construed to apply to: (1) The transportation or handling of United States mail; or (2) The casual, occasional or reciprocal carriage of passengers or property by aircraft in intrastate commerce for compensation by any person …

When complaint has been made to the commission concerning any rate, fare or charge for any service performed by any air carrier, and the commission has found, after investigation, that the air carrier has charged an unreasonable, excessive or discriminatory amount for such servic…

Every person, including any officer, agent or employee of a corporation, who violates, procures, aids or abets in the violation of any provision of this chapter or fails to comply with any order, decision or regulation issued by the commission shall be guilty of a misdemeanor, an…

For the extra, new and additional duties imposed upon the commission and the members thereof by this chapter and for the performance of duties which are and will be hereafter required of said commission and the members thereof hereunder, each member of the commission, in addition…

Nothing in this chapter shall apply to, or be construed or held to apply to, any common carrier by aircraft which the commission shall by order determine to be engaged mainly and principally in interstate commerce and whose intrastate business is incidental to its interstate busi…

(a) It is hereby declared to be the policy of this state to regulate intrastate air commerce in such manner as to: (1) Recognize and preserve the inherent advantages of such commerce; (2) Foster sound economic conditions in such commerce and among air carriers in the public inter…

Nothing in this chapter shall confer any proprietary or property rights in the use of airspace over the State of Alabama. History: (Acts 1945, No. 269, p. 414, §4.)

No person shall engage in air commerce except in accordance with the provisions of this chapter, and every person engaging in air commerce is hereby declared to be subject to control, supervision and regulation by the commission. History: (Acts 1945, No. 269, p. 414, §5.)

Orders of Commission. It shall be the duty of the commission to administer the provisions of this chapter, and to that end the commission is hereby authorized to make and amend such general or specific rules and regulations and to issue such orders as may be reasonably necessary …

The commission shall have authority, for purposes of the administration of the provisions of this chapter, to inquire into the management of the business of air carriers and brokers and into the management of the business of persons controlling, controlled by or under common cont…