Regulation of Aviation at the Federal, State and Local Level

The odds are that at some point in time, most people in America will travel by air. What most of these people do not realize is that a simple flight is in reality a well-oiled, complex machine unlike any other air navigation service provider in the world. After the Wright brothers took their first successful flight, America embraced air travel.  The Federal Aviation Agency (now Administration) officially began operations in May of 1958, and later developed a sophisticated air traffic control system that is responsible for the largest volume of air traffic in the world (“A Brief History of the FAA”). Today, however, many politicians believe that government involvement in air traffic control is inhibiting the overall performance of air traffic control. Several bills have been proposed to Congress since the 1970s in attempt to separate air traffic control (referenced as ATC) from the FAA by privatization, corporatization, or other means (Elias 2). The most recent of these bills has caused serious debate in the aviation world over economic policies, safety regulations, and overall effectiveness of the current ATC system. The Aviation Innovation, Reform, and Reauthorization Act (21st Century AIRR Act) as proposed by Representative Bill Shuster should not be passed by Congress because it would privatize air traffic control by removing it from the Federal Aviation Administration. This would entail the creation of a board of stakeholders who would have the power to make regulatory

At the most basic division, there are three main levels of governments in the United States; The Federal level, the State level, and the Local level. Each of these levels has their own legitimacy, their own authority/jurisdiction and most of the time has their own way wo working with or around the other levels though there is sometimes clashes. Let's start with Legitimacy first. The Constitution of the United States of America is the overarching document that gives legitimacy and the authority to govern to the various governments in the U.S, but specifically the Federal government. States in the United States also have their own constitutions that they draw legitimacy and authority from as well as specific regulations. The Constitution also act a the framework for what the different levels of government are authorized to do, thought the 14th amendment opened the floodgates on authority for the Federal government. But in a generalized sense, The federal government acts mostly in the areas of foreign policy, national defense and any endeavors that cross state jurisdictions in the U.S, particularly interstate commerce. State governments focus mostly on directly providing for and regulating goods and services within their state, along with distributing federal grant money and transferring money to local services. Local governments almost exclusively provide goods and services within their jurisdiction and utilize funds from both the federal and state levels. As per the U.S. Constitution the Federal government has the authority to; Lay and collect taxes, provide for the common defence, provide for the general welfare, borrow money, regulate commerce with foreign nations, Indian tribes, and between states, establish rules of Naturalization, coin money, constitute tribunals to the supreme court, establish post offices and post roads, deal with

The day of 9/11 sparked the attention of the aviation industry, citing that it will never be the same again. Different sectors

The Aeronautics Branch of the Department of Commerce is the foundation of the United States Federal Government regulation in civil aviation. Born out of necessity to nurture the growth and expansion of aviation, it was believed that without federal regulation, this green industry would falter.

Under Title 14 of the Code of Federal Regulations (CFR) Part 139, the Federal Aviation Administration (FAA) is required to issue airport operating certificates to airports that serve scheduled and unscheduled air carrier aircraft with more than 30 seats or serve scheduled air carrier operations in aircraft with more than 9 seats but less than 31 seats. To ensure that airports are meeting the requirements of 14 CFR Part 139, there are approximately 35 FAA Airport Certification Safety Inspectors that conduct annual and unannounced certification inspections. In the course of the inspection, inspectors look at the movement areas, aircraft rescue and firefighting (ARFF), fuel facilities, and lighting. Additionally, the inspectors view the airport files and the airport certification manual, Airport Master Record (FAA Form 5010), Notices to Airmen (NOTAM), and airfield self-inspection forms.

Since we abide by this social contract, it is important to understand how this system works for its citizens that it has jurisdiction over. By looking from the outside in, how our government operates is illustrated by its

It has always been the dream of mankind wanting to join the birds in the sky, many innovators created various contraptions to achieve flight. On December 17, 1903, two brothers by the name of Wilbur and Orville Wright decided to test their contraption and it was successful. This event changed the course of aviation as the contraption known as Flyer 1 became the first successful powered heavier-than-air flight.

Furthermore, these regulations also act as a standard for the aviation regulators to issue certificates, licences, registrations and permits that is related to the aviation industry. This is to ensure that the particular holder meets the safety requirement in all the aspect that is included in the regulations and hence, making the airspace safer. To maintain high standard of aviation safety, safety education and training programs should be provided by the aviation regulators

In Chacarita, we learned the lesson in a painful way; although, the consequences could have been far worse. Outside the United States, fulfilling such requirements is not only obligatory and time consuming, it is also enormously expensive. Interestingly enough, in the United States, there is currently a movement to privatize aviation management. If that happens, it will be a pay per use system, which means the United States will become similar to the rest of the world. Flying will become prohibitively expensive and general aviation will die; which I would truly hate to witness that happening. I am particularly aware of the consequences for the reason I have piloted small planes in other countries and have observed how expensive and ineffective a private system can be. As our current system for general aviation provides a freedom I covet, I grow angry at the thought of losing it. This is truly a FREEDOM issue. The FREEDOM to travel where I want. The FREEDOM to move on when I want to. The FREEDOM to see whatever I want to see. The FREEDOM to spread ideas I want to disseminate. Many other countries don’t have that FREEDOM. I don’t want to give it up. The death of General Aviation would be another incursion on our

The aviation industry of any nation acts as a contributor to its economic growth, helps in globalisation and creating an international image. It is the best in terms of the fastest, safest and convenient mode of travel. Even though it is an expensive one, it is expanding its markets across the middle-class who are ready to spent money on leisure trips. Thus it is truly stated that aviation forms a vital core infrastructure area without which a country economy is handicapped.

Airlines Industry is large and growing, it is also the most fiercely competitive sector. It facilitates international trade, world economy growth, tourism and international investment. The airline industry has over time with the use of modern technology been able to take advantage of the short haul, high frequency and gained a competitive advantage over other forms of travel, such as buses and railroad travel. Additionally, the airline industry still holds the market for global travel at a low cost and convenient way to travel. The aviation industry gives a good contribution to the GDP which includes the following: airline services, general aviation, civil airport operations, aircraft manufacturing, and

The airline industry is interpreted as being very unstable due to the immediate reaction to tragedies. The airline industry was affected following the September 11th tragedy and it affected other industries indirectly. The airline industry plays a key role in

In examining the history of aviation in the U.S. and the development of the airlines, it is clear that the Federal Government played a vital role in the development of both. Historical records clearly show that this involvement by the Federal Government was critical in getting them established and in helping to develop them into the globally dominant enterprises they are today. Furthermore, it can be easily argued that U.S. aviation as a whole, and the airlines in particular, would not be where they are today without this direct involvement by the Federal Government and some of the very specific actions that it has taken to keep them relevant and competitive during the most dire of times. The Federal Government ensured that U.S. aviation and its airlines would develop and achieve a worldwide leadership role by becoming involved in three major ways: through funding, legislation, and policy setting.

On the other hand governments support aviation industry by building airports, roads and hotels near airports, because they recognize this industry as an important ingredient for economic well-being. In addition governments arrange security at the airports to ensure safe journey. The terrorist attacks of September 11, 2001 have had negative implications for the industry. Over the years, all the airlines have changed their routes, marketing tactics and prices; they are also making an effort to reduce the fear and negative image associated with air-planes. Governments have imposed strict security checks on air travel passengers in order to avoid any unforeseen terrorist activity.

Nowadays, the commercial competition has surpassed the limits of the previous era in which dominant markets are protecting their set market shares. Mega commercial activity back then was completely regulated by the government. The United States has privatized a lot of sectors related to energy, telecommunication, and transportation sectors. In response, the USA introduced the deregulations in the aviation industry to increase the competition in the aviation market.