Abstract:
Section 105 of the Federal Aviation Act (codified in relevant part at 49 U.S.C. ยง 41713) preempts state law prohibiting smoking aboard air carriers operating within the state for all air carriers holding federal operating authority under Title IV of the Federal Aviation Act, regardless of whether the air carriers operate intra- or interstate. (p. 1).|While airlines cannot be required by state law to halt smoking aboard flights regardless of their itinerary, federal smoking provisions do not require airlines to permit smoking aboard aircraft. Therefore, airlines may impose smoking bans on any flights at any time. (p. 2).
Index Terms:
Preemption|Smoking ban|Airline Deregulation Act