What Laws Apply in Airports

For political reasons, the FAA considers the level of airport charges to be a matter between local authorities and airport users. Under FAA grant agreements, all aviation users have the right to access the airport on fair and reasonable terms without undue discrimination. The FAA prefers to let the market determine the applicable tariffs, but will review tariff disputes to ensure that the rates are fair, reasonable and non-discriminatory, and that the revenues of grant recipients are used for eligible legal purposes. Environmental charges are acceptable as long as they are linked to actual costs, as are debt service charges. Airports often attempt to use passenger charges (PFCs) to fund facility development. Before applying for authorisation to impose a PFC, the public authority operating the airport must provide written notification and an opportunity to comment publicly on the proposed PFC. Yes, there are models of vertical integration in the US, with several large operators contracting with smaller operators at regional airports. Because airports are natural monopolies, operators generally enter into leases with airports that are subject to federal oversight to address competition concerns. In New York, «local» competition between JFK, Newark and LaGuardia airports can be considered an exception as they essentially compete with each other and JFK`s multiple terminals are operated individually by several different airlines and non-airlines. If an aircraft is on the ground, the laws of that country apply. This applies both before and after a flight. These local laws take precedence over any laws that apply depending on the country of residence of the aircraft or the nationality of the passengers or crew.

What are airport charges and how are they regulated? The NTSB`s Go Team is comprised of a group of board members who have extensive accident investigation skills, including an investigator-in-charge and trained specialists in areas such as aircraft systems and structures, witness interviews, maintenance, operations, air traffic control, and meteorology. At the conclusion of the NTSB investigation, the NTSB prepares a public final report (49 CFR Parts 831 and 845), which typically includes: (1) a factual report of the accident; 2. the probable cause of the accident; 3. whether mechanical or human error contributed to the accident; (4) the presence of design or structural defects of the aircraft and its components; and (5) the effects of environmental or atmospheric disturbances. The parties may protect intellectual property primarily through trademarks, patents and copyrights. The parties may establish common law trademark rights by using the mark in trade. However, federal trademark registration with the United States Patent and Trademark Office («USPTO») under the Lanham Act (15 U.S.C. § 1051 et seq.) is advantageous for exclusivity purposes. It creates a legal presumption of exclusive right to use the trademark throughout the United States or in connection with the registered classes of goods and services associated with the mark. Unlike copyrights or patents, trademarks do not expire or persist as long as the mark is used in commerce to indicate the origin of goods and services.

Patents confer time-limited property rights related to inventions (e.g., machinery, manufactured goods, industrial processes, and chemical compositions), and the duration of the patent depends on the type of patent granted. Patents are granted by the USPTO in exchange for public disclosure of the invention. Copyright that protects original works of art, computer software, and architecture is registered with the U.S. Copyright Office, and the term of copyright protection depends on several factors. Federal intellectual property laws provide enforcement mechanisms and, in certain circumstances, recovery of statutory or triple-statutory damages depending on the nature of the infringement. If the construction of the airport allows it (e.g. at Heathrow), transit passengers remain on the international scene and have no interaction with immigration. It is purely a measure of comfort and economy. If you are wanted by the police for something serious, they can and will arrest you in the international hall. In this example, if the UK doesn`t want to include you in this example, that`s fine here because you don`t officially enter the UK. Passengers connecting between airports (Heathrow -> Gatwick often passes) must enter the United Kingdom, which is sometimes refused. This means that you will return to your starting point and not to your destination.

If the owner or operator of the aircraft has outstanding debts and is not under bankruptcy court protection, a creditor may: (1) obtain a judgment from the court enforceable under relevant state laws and procedures; or (2) obtain an injunction or injunction preventing the debtor from moving the aircraft, provided certain criteria are met. Ultimately, the rights of a creditor governed by State law may vary depending on the type of debt, the priority of a lien and whether the lien has been made effective against third parties, i.e. duly registered. Alcohol consumption is an area of law that affects most flights. On the ground and in regional airspace, state local laws apply. That is why, for example, no airline will serve alcohol in or around Iran. In the United States and most European countries, aviation law is considered a matter at the federal or state level and is regulated at that level. In the United States, in most cases, states cannot directly regulate aviation matters, but instead turn to federal laws and jurisdiction for this function. For example, a court recently struck down New York`s Passenger Bill of Rights Act because aviation regulation has always been a federal concern.