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What is Aviation Law?
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What is Aviation Law?

The Federal Aviation Administration (FAA) was created by an act of Congress in 1958 in response to a series of tragic midair collisions. Originally an independent government entity, the Federal Aviation Agency (as it was initially called) was charged with regulated aviation law and overseeing aviation safety. The new agency was also responsible for developing and maintaining a common system for navigating and controlling air traffic.

In 1967, the Federal Aviation Agency became part of the Department of Transportation and changed its name to the Federal Aviation Administration. Since that time, the FAA has gradually assumed numerous responsibilities.

FAA Roles & Responsibilities

In order to ensure the safety of civil aviation - its primary responsibility - the FAA is engaged in the following activities:

  • Issuing and enforcing safety regulations, specifically setting minimum standards for the manufacture, operation, and maintenance of aircraft
  • Managing air traffic, including developing air traffic rules, assigning the use of airspace, and operating air traffic control centers
  • Overseeing air navigation facilities, particularly their maintenance and operation
  • Promoting and encouraging civil aviation safety abroad
  • Regulating the commercial space transportation industry
  • Researching and developing systems, procedures, and technologies for maintaining aviation safety and efficiency
  • Registering all civil aviation aircraft
  • Publishing information on airways, airport services, and other pertinent aviation information
  • Certifying pilots and airports

The FAA and Aviation Law

Perhaps most importantly, the FAA is responsible for creating, revising, and enforcing the laws that govern civil aviation. In fact, it is the primary source of all aviation law and the chief regulatory agency for aviation safety and standards.

After an aviation accident, officials with the FAA and the NTSB (National Transportation Safety Board) will investigate the accident to determine its cause and other pertinent factors. The FAA often implements new aviation safety rules and regulations in response to identified aviation dangers. For example, if icy conditions are found to be responsible for an aviation accident, the FAA may consider additional safety measures such as special pilot training.

Because aviation law is extremely complex, especially with regard to determining liability, individuals who have been injured in an aviation accident may wish to seek the legal counsel of an experienced aviation attorney. Our qualified attorneys have an in-depth understanding of the FAA's policies and procedures and will work tirelessly to help determine liability in your aviation accident.

Those who have lost a loved one or been seriously injured in an aviation accident may be entitled to seek compensation through an aviation lawsuit. If you or a loved one has been injured in an aviation accident, please contact us today for a FREE consultation with an experienced aviation attorney who can help you understand your legal rights and options.

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If you have any questions regarding your legal rights concerning an airline accident or incident, please contact an Aviation Attorney by filling out the short form below.

Your confidentiality matters. No information, including phone numbers and email addresses will be exchanged, shared or sold to a third party. Submissions do not constitute an Attorney/Client privilege. We look forward to hearing from you and will be in contact shortly.

Aviation Facts

  • Approximately 80 percent of all plane crashes occur shortly before or after takeoff or landing due to human error or mechanical failures.
  • According to an aviation accident survey of nearly 2,200 plane crashes from 1950 to 2004, the number one cause of aviation accidents is pilot error, which results in 45 percent of accidents. Undetermined causes: 33 percent. Mechanical failure: 13 percent.
  • In 2005, there were a total of 1,764 aviation accidents in the United States that resulted in 600 fatalities. Low-level maneuvering of an aircraft was the leading cause of fatal aviation accidents from 1998 to 2004.
  • In 2004, more than 70 percent of all plane crashes that ended in serious injury or fatality occurred during a personal flight. General aviation accidents occur more frequently than airline or business aviation accidents.
  • The most recent statistics on midair collisions has shown a steady decline. In 2004, there were 10 midair accidents resulting in 10 fatalities compared to 11 collisions in 2003 with 23 deaths.