49 U.S.C. § 41713

Preemption of authority over prices, routes, and service

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(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).(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, § 601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, § 2(23), Nov. 20, 1997, 111 Stat. 2205.)

Historical and Revision Notes
Pub. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41713(a)	49 App.:1305(c), (d) (related to (a), (b)(1), (c)).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(a)(2), (b)(1), (c), (d) (related to (a), (b)(1), (c)); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1708.
41713(b)(1)	49 App.:1305(a)(1).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 105(a)(1); added Oct. 24, 1978, Pub. L. 95–504, § 4(a), 92 Stat. 1707; Oct. 4, 1984, Pub. L. 98–443, § 9(u), 98 Stat. 1709.
41713(b)(2)	49 App.:1305(a)(2).
	49 App.:1551(b)(1)(E).	Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
41713(b)(3)	49 App.:1305(b)(1).
	49 App.:1551(b)(1)(E).

In subsection (a), the words “the term” are omitted as surplus. The words “the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and” are omitted as surplus because of the definition of “territory or possession of the United States” in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obsolete.

In subsection (b)(1) and (3), the words “interstate agency or other” are omitted as surplus. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the word “rule” is omitted as being synonymous with “regulation”. The words “standard” and “having authority” are omitted as surplus.

In subsection (b)(2), the words “pursuant to a certificate issued by the Board”, “by air of persons, property, or mail”, and “the State of” are omitted as surplus.

Pub. L. 105–102

This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803).

Editorial NotesAmendments

1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted “13102” for “10102”.

1994—Subsec. (b)(2). Pub. L. 103–305, § 601(b)(2)(A), substituted “Paragraphs (1) and (4) of this subsection do” for “Paragraph (1) of this subsection does”.

Subsec. (b)(4). Pub. L. 103–305, § 601(b)(1), added par. (4).

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.

Notes of Decisions

Cited in 600 cases (103 in the last 5 years), 1994–2026 · leading case: Nat'l Fed'n of the Blind v. United Airlines Inc., 813 F.3d 718 (9th Cir. 2016).

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Nat'l Fed'n of the Blind v. United Airlines Inc., 813 F.3d 718 (9th Cir. 2016). · cites it 14× “UNITED AIRLINES 5 were expressly preempted under the Airline Deregulation Act of 1978 (“ADA”), 49 U.S.C. § 41713 , and impliedly field preempted under the Air Carrier Access Act of 1986 (“ACAA”), 49 U.”

Arapahoe Cnty. Pub. Airport Auth. v. Centennial Express Airlines, Inc., 956 P.2d 587 (Colo. 1998). · cites it 36× “[5] The court of appeals reversed the district court's ruling, concluding that the Authority's regulation prohibiting scheduled passenger service was preempted by 49 U.S.C. § 41713 (b)(1) (1994). The court of appeals also held that the district court should have left the…”

Med-Trans Corp. v. Benton, 581 F. Supp. 2d 721 (E.D.N.C. 2008). · cites it 13× “More particularly, plaintiff asserts that 49 U.S.C. § 41713 (b)(1), a provision of the Airline Deregulation Act of 1978 (“ADA”), which among other things prohibits states from enacting or enforcing laws relating to the price, route, or service of an air carrier, expressly…”

Air Evac EMS, Inc. v. Ted Cheatham, 910 F.3d 751 (4th Cir. 2018). · cites it 5× “49 U.S.C. § 41713 (b)(1). After the U.S. Code was reorganized in 1994, the clause now appears in Subpart II of the amended Federal Aviation Act, which includes "economic regulations" and is administered by the Department of Transportation.”

Miller v. Raytheon Aircraft Co., 229 S.W.3d 358 (Tex. App. 2007). · cites it 6× “49 U.S.C. § 41713 (b)(1) (2000); Morales, 504 U.”

Scarlett v. Air Methods Corp., 922 F.3d 1053 (10th Cir. 2019). · cites it 6× “*1057 This is an appeal from the dismissal of two putative class action complaints as pre-empted by the Airline Deregulation Act (ADA), 49 U.S.C. § 41713 . Defendants-Appellees Air Methods Corporation and Rocky Mountain Holdings, LLC provide air ambulance services, which means…”

Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa Ag, Austrian Airlines Ag, Brussels Airlines, nv/sa, & Swiss Int'l Air Lines, Ltd., 567 S.W.3d 725 (Tex. 2019). · cites it 3× “See 49 U.S.C. § 41713 (b)(1) (providing a federal mandate that preempts any *729 state "law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier"); TEX.”

In Re Korean Air Lines Co., Ltd., 642 F.3d 685 (9th Cir. 2011). · cites it 5× “We hold, as a matter of first impression, that the Airline Deregulation Act of 1978, 49 U.S.C. § 41713 , preempts state regulation of foreign air carriers, and we affirm the district court's dismissal of Plaintiffs' state law claims.”

Brenda WELLONS, Plaintiff-Appellant, v. Nw. AIRLINES, INC., Defendant-Appellee, 165 F.3d 493 (6th Cir. 1999). · cites it 11× “The question presented in this appeal is whether a state statutory race discrimination claim and related common law tort claims asserted against an air carrier by a former employee have been preempted by the Airline Deregulation Act, 49 U.S.C. § 41713 . Because the plaintiffs…”

Sanchez v. Aerovias De Mexico, S.A. De C.V., 590 F.3d 1027 (9th Cir. 2010). · cites it 8× “The district court concluded that these claims are preempted by the Airline Deregulation Act of 1978(ADA) because they relate to the airline's "price[s], route[s], or service[s]," 49 U.S.C. § 41713 (b)(1), and are not excepted because Aeromexico had no contractual obligation to…”

Ray Gary v. The Air Grp., Inc, 397 F.3d 183 (3rd Cir. 2005). · cites it 6× “The District Court, holding that Gary’s state law whis-tleblower claim was preempted by the federal Airline Deregulation Act, 49 U.S.C. § 41713 (“ADA”), as amended by the Whistleblower Protection Program, 49 U.”

Friends of the East Hampton Airport, Inc. v. Town of East Hampton, 841 F.3d 133 (2d Cir. 2016). · cites it 3× “The district court enjoined the enforcement of only one of the challenged laws—imposing a weekly flight limit—concluding that it reflected a likely unreasonable exercise of the Town’s reserved proprietary authority, which is excepted from federal preemption by the Airline…”

Show all 600 citing cases →

— 49 U.S.C. § 41713(b) — 1 case

Manning v. Skywest Airlines, 946 F. Supp. 767 (C.D. Cal. 1996).

— 49 U.S.C. § 41713(b)(1) — 6 cases

Conservation Force v. Delta Air Lines, Inc., 190 F. Supp. 3d 606 (N.D. Tex. 2016).

Regner v. Nw. Airlines, Inc., 652 N.W.2d 557 (Minn. Ct. App. 2002).

Manning v. Skywest Airlines, 946 F. Supp. 767 (C.D. Cal. 1996).

Tucker v. Hamilton Sundstrand Corp., Inc., 268 F. Supp. 2d 1360 (S.D. Fla. 2003).

Clegg v. Am. Airlines, Inc. (Me. Super. Ct 2024).

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