49 U.S.C. § 41101

Requirement for a certificate

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(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, § 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. 23, 1958, Pub. L. 85–726, § 401(a), (i), 72 Stat. 754, 756.
41101(a)(2)	49 App.:1301(14) (related to certificate).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 101(14) (related to certificate); added Oct. 24, 1978, Pub. L. 95–504, § 2(a)(1), 92 Stat. 1705.
41101(a)(3)	(no source).
41101(b)	49 App.:1371(d) (4)(A)(i), (ii) (related to joint services).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(d) (4)(A)(i), (ii) (related to joint services); added Nov. 9, 1977, Pub. L. 95–163, § 9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, § 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.

Notes of Decisions

Cited in 27 cases (4 in the last 5 years), 2000–2026 · leading case: Med-Trans Corp. v. Benton, 581 F. Supp. 2d 721 (E.D.N.C. 2008).

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Med-Trans Corp. v. Benton, 581 F. Supp. 2d 721 (E.D.N.C. 2008). · cites it 3× “on provision at the heart of this dispute: 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…”

CSI Aviation Servs., Inc. v. United States Dep't of Transp., 637 F.3d 408 (D.C. Cir. 2011). · cites it 2× “A few days prior, on March 6, the Department of Transportation (DOT) sent CSI a letter requesting information to determine whether the company was engaging in “indirect air transportation” without the certificate of authority required by the Federal Aviation Act, 49 U.S.C. §…”

In Re Korean Air Lines Co., Ltd., 642 F.3d 685 (9th Cir. 2011). “See 49 U.S.C. § 41101 et seq., Subtitle VII, Part A, Subpart II.”

Conservation Force v. Delta Air Lines, Inc., 190 F. Supp. 3d 606 (N.D. Tex. 2016). · cites it 4× “This certificate, known as “a certificate of public convenience and necessity” is issued by the Secretary of Transportation.”

Scarlett v. Air Methods Corp., 922 F.3d 1053 (10th Cir. 2019). “Defendants are permitted to provide interstate air transportation because they have been certified to do so by the Department of Transportation, pursuant to 49 U.S.C. § 41101 and 14 C.F.R. § 298.1 .”

Casas v. Am. Airlines, Inc., 304 F.3d 517 (5th Cir. 2002). “49 U.S.C. § 41101 (a)(1). “When Congress has established a detailed enforcement scheme, which expressly provides a private right of action for violations of specific provisions, that is a strong indication that Congress did not intend to provide private litigations with a means…”

PHI Air Med., LLC v. Tex. Mut. Ins. Co., 549 S.W.3d 804 (Tex. App. 2018). “We conclude that an air-ambulance service, as an air taxi operator, is an air carrier that may provide air transportation under Subpart II, 49 U.S.C. § 41101 (a), while exempted from certain certification requirements, id.”

Air Evac EMS, Inc. v. Sullivan, 331 F. Supp. 3d 650 (W.D. Tex. 2018). “See 49 U.S.C. § 41101 (a). The Secretary of Transportation may exempt an air carrier "from a provision of chapter 411"-such as holding a certificate-if "the exemption is consistent with the public interest.”

Pharm. Rsch. & Mfrs. of Am. v. United States Dep't of Health & Human Servs., 138 F. Supp. 3d 31 (D.C. Cir. 2015). “Af *42 ter considering the information CSI had presented, DOT informed CSI that “CSI has-been acting as an unauthorized indirect air carrier in violation of section 41101,” that the company faced “civil penalties of up to $27,500 per violation,” that “[e]ach day such violation…”

Hardy v. Scandinavian Airline Sys, 117 F.4th 252 (5th Cir. 2024). “By every means imaginable—among them, billboards, TV and radio spots, print ads, and direct mail—Ford urges Montanans and Minnesotans to buy its vehicles.”

Talbott v. Roswell Hosp. Corp., 192 P.3d 267 (N.M. Ct. App. 2008). “In support of its position, the Hospital references three federal statutory provisions and one part of the Code of Federal Regulations regarding the minimum safety regulations promulgated by the FAA, see 49 U.S.C. §§ 41101 , 44701, 44703, 44705 (2000); 14 C.”

Eaglemed, LLC v. Wyoming ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 227 F. Supp. 3d 1255 (D. Wyo. 2016). “As stated in the Airline Deregulation Act, preemption only applies if the plaintiffs are “air carriers” providing air transportation under 49 U.S.C. §§ 41101 through 42303 (“this subpart”).”

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