Code of Alabama - Title 37: Public Utilities and Public Transportation - Chapter 9 - Regulation of Air Commerce
- Section 37-9-1 Title of chapter
This chapter shall be known and may be cited as the "Alabama Air Commerce Act."
- Section 37-9-2 Definitions
As used in this chapter, unless the context otherwise requires: (1) AIR CARRIER. This term includes both a common carrier by aircraft and a contract...
- Section 37-9-3 Exemptions from operation of chapter - United States mail; occasional intrastate commerce
Nothing in this chapter shall be construed to apply to: (1) The transportation or handling of United States mail; or (2) The casual, occasional or...
- Section 37-9-4 Exemptions from operation of chapter - Interstate commerce
Nothing in this chapter shall apply to, or be construed or held to apply to, any common carrier by aircraft which the commission shall by...
- Section 37-9-5 Declaration of policy
(a) It is hereby declared to be the policy of this state to regulate intrastate air commerce in such manner as to: (1) Recognize and...
- Section 37-9-6 No property rights in use of airspace conferred by chapter
Nothing in this chapter shall confer any proprietary or property rights in the use of airspace over the State of Alabama.
- Section 37-9-7 Air commerce subject to chapter and to control of commission
No person shall engage in air commerce except in accordance with the provisions of this chapter, and every person engaging in air commerce is hereby...
- Section 37-9-8 Duty of commission to administer chapter; rules, regulations and orders of commission
It shall be the duty of the commission to administer the provisions of this chapter, and to that end the commission is hereby authorized to...
- Section 37-9-9 Inquiries into business of air carriers, brokers, etc
The commission shall have authority, for purposes of the administration of the provisions of this chapter, to inquire into the management of the business of...
- Section 37-9-10 Establishment of classifications for air carriers and brokers; authority to exempt same from operation of chapter
The commission may make such just and reasonable classifications for brokers and air carriers, according to geographical sections, types or otherwise, as it may determine...
- Section 37-9-11 Investigation of noncompliance with chapter or orders, etc., of commission; remedial action by commission; dismissal of complaints
The commission may investigate, either upon complaint or upon its own initiative, whether any broker or air carrier has failed to comply with any provisions...
- Section 37-9-12 Cooperation with state and federal authorities
The commission is authorized to confer with or to hold joint hearings with any authorities of any state or of the government of the United...
- Section 37-9-13 Interstate rates, services, etc
The commission shall have authority to investigate all interstate rates, fares, charges, classifications and services, or rules or practices in relation thereto, for or in...
- Section 37-9-14 Proceedings before commission
Except as herein otherwise expressly provided, in all respects in which the commission has power and authority under the Constitution of this state or this...
- Section 37-9-15 Conflicts of interest of members or employees of commission
No member of the commission nor any employee of the commission appointed or employed in the administration of this chapter, shall in any manner, directly...
- Section 37-9-16 Certificates for common carriers and permits for contract carriers - Required
(a) Certificate. No person shall engage in the business of a common carrier by aircraft unless there is in force a certificate issued by the...
- Section 37-9-17 Certificates for common carriers and permits for contract carriers - Application; notice and public hearing on application; investigations to determine need for additional air transportation; institution of proceedings to furnish additional services determined necessary
(a) Applications for certificates and permits shall be made in writing to the commission, be verified under oath and shall be in such form and...
- Section 37-9-18 Certificates for common carriers and permits for contract carriers - Surety bonds, insurance policies, etc., required
No certificate or permit shall be issued to an air carrier or shall remain in force unless such carrier complies with such reasonable rules and...
- Section 37-9-19 Certificates for common carriers and permits for contract carriers - Issuance or denial; standards; temporary authorization for service
(a) The commission shall, subject to subsections (b) and (d) of this section and Section 37-9-18, issue a certificate or permit as applied for authorizing...
- Section 37-9-20 Certificates for common carriers and permits for contract carriers - Contents; terms, conditions and limitations; effective date; duration; charter flights; emergency landings, etc
(a) Each certificate issued under this chapter shall specify the points between which, or areas within which the person is authorized to engage in operations...
- Section 37-9-21 Certificates for common carriers and permits for contract carriers - Alteration, amendment, modification, suspension or revocation
The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order alter, amend, modify, suspend or...
- Section 37-9-22 Certificates for common carriers and permits for contract carriers - Authority to require common carriers to make reasonable extension of existing service
The commission, upon petition or complaint or upon its own initiative, after notice and opportunity for hearing, may by order require any common carrier by...
- Section 37-9-23 Certificates for common carriers and permits for contract carriers - Transfer or lease
Any certificate or permit may be transferred or leased subject to the approval of the commission and under such rules and regulations as may be...
- Section 37-9-24 Broker's licenses; bond or other security required of brokers; powers of commission as to brokers' accounts, reports and records
(a) No person shall, for compensation, sell or offer for sale transportation subject to this chapter or shall make any contract, agreement or arrangement to...
- Section 37-9-25 Establishment of fees for permits, certificates, etc.; disposition of revenue
(a) The commission shall have the right to fix reasonable fees to be paid to the commission by any applicant for a certificate or permit...
- Section 37-9-26 Abandonment or discontinuance of route
No common carrier by aircraft shall abandon or discontinue any route, or part thereof, for which a certificate has been issued by the commission, unless...
- Section 37-9-27 Air carriers to file tariff of rates, fares and charges; rejection of tariff and consequences thereof; refunds or remittances of rates, fares and charges; changes in rates, fares and charges; filing of divisions of joint rates, fares and charges
(a) Every common carrier by aircraft shall file with the commission, print and make available to the public, tariffs showing all the rates, fares and...
- Section 37-9-28 Duties of air carriers as to service, facilities, etc.; undue preferences and advantages prohibited; extension of credit; commission to establish, enforce, etc., reasonable rates, fares, etc.; proceedings as to validity of rates, fares, etc.; authority to prescribe service and rates, fares, etc.; time tables
(a) It shall be the duty of every common carrier by aircraft to provide and furnish intrastate transportation, as authorized by its certificate, upon reasonable...
- Section 37-9-29 Reports from air carriers; form of accounts, records, etc., maintained by carriers; right of access to lands, buildings, accounts, etc., of carriers; appointment of special agents or auditors to inspect same
(a) The commission is empowered to require annual reports from any air carrier covering any or all operations of business. The contents of such report,...
- Section 37-9-30 Reparation for excessive charges
When complaint has been made to the commission concerning any rate, fare or charge for any service performed by any air carrier, and the commission...
- Section 37-9-31 Penalties
Every person, including any officer, agent or employee of a corporation, who violates, procures, aids or abets in the violation of any provision of this...
- Section 37-9-32 Additional compensation of members of commission
For the extra, new and additional duties imposed upon the commission and the members thereof by this chapter and for the performance of duties which...
Last modified: May 3, 2021