
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC41101]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                  CHAPTER 411--AIR CARRIER CERTIFICATES
 
Sec. 41101. Requirement for a certificate

    (a) General.--Except as provided in this chapter or another law--
        (1) an air carrier may provide air transportation only if the 
    air carrier holds a certificate issued under this chapter 
    authorizing the air transportation;
        (2) a charter air carrier may provide charter air transportation 
    only if the charter air carrier holds a certificate issued under 
    this chapter authorizing the charter air transportation; and
        (3) an air carrier may provide all-cargo air transportation only 
    if the air carrier holds a certificate issued under this chapter 
    authorizing the all-cargo air transportation.

    (b) Through Service and Joint Transportation.--A citizen of the 
United States providing transportation in a State of passengers or 
property as a common carrier for compensation with aircraft capable of 
carrying at least 30 passengers, under authority granted by the 
appropriate State authority--
        (1) may provide transportation for passengers and property that 
    includes through service by the citizen over its routes in the State 
    and in air transportation by an air carrier or foreign air carrier; 
    and
        (2) subject to sections 41309 and 42111 of this title, may make 
    an agreement with an air carrier or foreign air carrier to provide 
    the joint transportation.

    (c) Proprietary or Exclusive Right Not Conferred.--A certificate 
issued under this chapter does not confer a proprietary or exclusive 
right to use airspace, an airway of the United States, or an air 
navigation facility.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1118.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41101(a)(1)...........................  49 App.:1371(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          401(a
), (i), 72 Stat. 754, 756.
41101(a)(2)...........................  49 App.:1301(14) (related to     Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         certificate).                    731, 
Sec.  101(14) (related to
                                                                          certi
ficate); added Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  2(a)(1), 92
                                                                          Stat.
 1705.
41101(a)(3)...........................  (no source).
41101(b)..............................  49 App.:1371(d) (4)(A)(i), (ii)  Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         (related to joint services).     731, 
Sec.  401(d) (4)(A)(i), (ii)
                                                                          (rela
ted to joint services); added
                                                                          Nov. 
9, 1977, Pub. L. 95-163, Sec.  9,
                                                                          91 St
at. 1281; restated Oct. 24, 1978,
                                                                          Pub. 
L. 95-504, Sec.  9, 92 Stat.
                                                                          1713.
41101(c)..............................  49 App.:1371(i).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a)(2) and (c), the words ``issued under this 
chapter'' are added for clarity.
    In subsection (a), the word ``provide'' is substituted for ``engage 
in'' for consistency in the revised title. The words before clause (1) 
are added to inform the reader that other provisions of the chapter and 
other laws qualify the requirement of being licensed by the Secretary of 
Transportation. In clause (1), the word ``holds'' is substituted for 
``there is in force'' to eliminate unnecessary words. The words ``under 
this chapter'' are substituted for ``by the Board'' for clarity. In 
clause (2), the words ``of public convenience and necessity'' are 
omitted as surplus. Clause (3) is included to inform the reader at the 
beginning of this chapter about all of the types of certificates and 
permits that the Secretary may issue under this subchapter.
    In subsection (b), the word ``passengers'' is substituted for 
``persons'' for consistency in the revised title. Before clause (1), the 
words ``Notwithstanding any other provision of this chapter'' are 
omitted as surplus. The words ``providing transportation'' are 
substituted for ``undertakes . . . the carriage of'' for consistency in 
the revised title. The words ``or hire'' are omitted as surplus and for 
consistency. The words ``for such carriage within such State'' are 
omitted as surplus. In clause (1), the words ``through service'' are 
substituted for ``transportation'' the first time it appears for 
clarity. In clause (2), the words ``the requirements of'' and ``for such 
through services'' are omitted as surplus.
    In subsection (c), the word ``property'' is omitted as surplus. The 
words ``landing area'' are omitted because they are included in the 
definition of ``air navigation facility'' in section 40102(a) of the 
revised title.

                  Section Referred to in Other Sections

    This section is referred to in sections 40109, 41103, 41503, 46108, 
47102 of this title.
