49 U.S.C. § 41713 : US Code - Section 41713: Preemption of authority over prices, routes, and service

Search 49 U.S.C. § 41713 : US Code - Section 41713: Preemption of authority over prices, routes, and service

      (a) Definition. - In this section, "State" means a State, the
    District of Columbia, and a territory or possession of the United
    States.
      (b) Preemption. - (1) Except as provided in this subsection, a
    State, political subdivision of a State, or political authority of
    at least 2 States may not enact or enforce a law, regulation, or
    other provision having the force and effect of law related to a
    price, route, or service of an air carrier that may provide air
    transportation under this subpart.
      (2) Paragraphs (1) and (4) of this subsection do not apply to air
    transportation provided entirely in Alaska unless the
    transportation is air transportation (except charter air
    transportation) provided under a certificate issued under section
    41102 of this title.
      (3) This subsection does not limit a State, political subdivision
    of a State, or political authority of at least 2 States that owns
    or operates an airport served by an air carrier holding a
    certificate issued by the Secretary of Transportation from carrying
    out its proprietary powers and rights.
      (4) Transportation by air carrier or carrier affiliated with a
    direct air carrier. - 
        (A) General rule. - Except as provided in subparagraph (B), a
      State, political subdivision of a State, or political authority
      of 2 or more States may not enact or enforce a law, regulation,
      or other provision having the force and effect of law related to
      a price, route, or service of an air carrier or carrier
      affiliated with a direct air carrier through common controlling
      ownership when such carrier is transporting property by aircraft
      or by motor vehicle (whether or not such property has had or will
      have a prior or subsequent air movement).
        (B) Matters not covered. - Subparagraph (A) - 
          (i) shall not restrict the safety regulatory authority of a
        State with respect to motor vehicles, the authority of a State
        to impose highway route controls or limitations based on the
        size or weight of the motor vehicle or the hazardous nature of
        the cargo, or the authority of a State to regulate motor
        carriers with regard to minimum amounts of financial
        responsibility relating to insurance requirements and self-
        insurance authorization; and
          (ii) does not apply to the transportation of household goods,
        as defined in section 13102 of this title.

        (C) Applicability of paragraph (1). - This paragraph shall not
      limit the applicability of paragraph (1).