PRIA, Government Policy, Made Personal

Summary

Federal aviation rules take priority over any state or local law that conflicts with them. State criminal laws that punish reckless acts that cause death, injury, or property damage still apply. For rules about foreign airlines, the FAA Administrator must follow U.S. international obligations and consider foreign countries’ laws. The Secretaries of State and Transportation must ask ICAO member countries to strengthen and enforce bans on crewmembers using alcohol or drugs in ways that break the law or U.S. rules. The FAA may keep, change, or add rules made before October 28, 1991, about alcohol or drug use by pilots, crewmembers, airport screeners, and safety-sensitive air carrier or FAA employees.

Title 49, §45106

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(a)Effect on State and Local Government Laws, Regulations, Standards, or Orders.—

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)International Obligations and Foreign Laws.—

(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)Other Regulations Allowed.—

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