American Aviation Laws
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American Aviation Laws
Introduction
Aviation law is a set of policies formulated to address various issues related to air travel. These guidelines entail legal and commercial aspects of the aviation industry. However, in the recent past, this sub sector has been facing major challenges insufficiently addressed by the existing set of rules. For this reason, it is essential to amend some of these nationalized guiding principles in order to effectively deal with the problems facing this industry. This dissertation seeks to highlight various recommendations that may be helpful in improving the administrative and operational aspects of the aviation sub sector in the United States. By highlighting the formal versions that encompass these suggestions, this discussion will integrate the problems and appropriate solutions in aspects related to air travel.
Federal Jurisdiction
In America, the proceedings in the aviation sub segment depend on the guiding principles formulated and executed by various departments of the federal administration. For example, Congress is responsible for regulating the commercial components of the aviation subdivision. According to the stipulation of the Airline Deregulation Act, the federal administration has preemptive privileges in the aviation sub sector of various states within the nation (Underdown, Palmer & Taylor, 2000). For this reason, the Civil Aeronautics Board has to execute its mandate in accordance with the course of action documented by Congress. The committee does not have substantial influence on the formulation of laws and amendments regarding air travel in the United States. The main mission of this aviation board is to facilitate a favorable environment that concurs with the rules generated by Congress.
Based on this jurisdiction problem, it is important to alter the existing policies in the aviation law in order to promote autonomy in the general administrative branch of this crucial sub sector in relation to the national economy. This self-governance will be useful in enhancing the commercial and administrative aspects of the subdivision. Since the Civil Aeronautics Board is more conversant with the problems facing the industry, this autonomy may be one of the effective approaches of improving the operations related to air travel in the United States. For this reason, as a member of the Congress, I would campaign for the amendment of the Airline Deregulation Act with the main intent of redistributing some areas of command from the federal government to the Civil Aeronautics Board (Underdown, Palmer & Taylor, 2000).
Recommended Wording for the Amendment
The Civil Aeronautics Board shall operate in full autonomy with the main mandate of the federal government being to facilitate a favorable environment that enhances independence in the aviation sub sector of the country.
Foreign Investments
The limitations set by the centralized government of the United States regarding the level of foreign investments in the national aviation sub sector have been a fundamental issue in various airlines. According to the rules put together by Congress, international companies in this subdivision can only participate in a restricted operational zone. This is because of the possible threats of national security through various routes within America’s space (Underdown, Palmer & Taylor, 2000). Additionally, the government perceives this as a way of securing the employment opportunities offered by these airlines to the general population. However, these restrictions have affected the aviation industry in terms of development projects. The proceedings followed by foreigners in the attainment of investment approvals from the federal administration are complex. For this reason, it is important for Congress to minimize these restrictions in order to facilitate developments in the aviation subdivision.
To address this problem regarding the commercial component of American airlines, amending the existing laws regarding the limits of foreign investments in the aviation sub sector of the United States may be an appropriate approach of improving the division. The alteration of these policies should consider all issues highlighted in the restriction act. Through this comprehensive approach, there will be minimal threats on the national security and employment opportunities protected by these policies. Additionally, the aviation sector will benefit from the major developments promoted by these foreign investments with an increased number of American citizens acquiring occupational opportunities in various departments within the subdivision (Underdown, Palmer & Taylor, 2000). The existence of related laws makes it easier to execute relevant amendments as opposed to formulating new rules that encourage foreign investments in different American airlines and the entire aviation sub sector.
Recommended Wording for the Amendment
The Civil Aeronautics Board shall work under close supervision of the federal government in approving proposals of foreign investments in the aviation sub sector unless the details of the commercial deal; (a) threaten national security (b) negatively affect the existing or potential employment opportunities in the aviation sector with reference to the American citizens
Environmental Costs
As a way of curbing the ecological impact of air travel in America, Congress has generated certain policies aimed at increasing the environmental taxes paid by airlines and other participants in the national aviation subdivision. These guiding principles are in accordance with the international requirements regarding environmental conservation through the suppression of human activities that facilitate global warming. Since the implementation of these laws in 2012, the expenses incurred by the American aviation division in terms of climate change excises equate to $ 5 billion per annum. Likewise, the carbon emanation charges for carriers in the United States are equivalent to $ 3.5 billion yearly (Underdown, Palmer & Taylor, 2000). As indicated by the Air Transportation Association and other stakeholders in this industry, the hefty taxes will affect the operations of these airlines and other corporations related to the subdivision.
This state of affairs necessitates crucial legal adjustments in the course of action generated by Congress regarding environmental conservation efforts and penalties affecting the airlines. These modifications should ensure that airlines uphold the essence of environmental conservation while reducing the costs of operations by lessening the involved tariffs. In addition to these policy alterations, the legislative branch of the federal government in the United States should devise new laws that pressurize all airlines and other participants in this industry to comply with the national and global requirements on the subject of ecological conservation. Not only will such policies increase the returns of these corporations but they will also help in developing the entire industry while maintaining the international guidelines concerning the natural environment.
Recommended Wording for the Amendment
The environmental tariffs imposed on an airline shall not exceed $ 3 million per annum. This amount shall reduce significantly upon identification of practical measures, adopted by the airline under consideration, aimed at reducing carbon emissions.
Recommended Wording for New Laws
(a) Airlines under the American aviation sub sector shall not utilize aircrafts with an annual carbon dioxide emanation exceeding 5 % of CO2 levels in the atmosphere.
(b) Violation of the ecological requirement stipulated in part (a) of this law shall attract a penalty of 25 % of the latest annual environmental taxes paid by the airline under consideration.
Air Traffic Control
Effective management of air traffic in the various airlines constituted in the American aviation subdivision is a major challenge that has affected the operations of this industry. This sub sector has been struggling to construct modern facilities that correspond with the international standards of air traffic control. According to various stakeholders of the national aviation segment, a Global Positioning System encompassing all components of air traffic management will be useful in reducing the operational costs for all airlines as well as developing the entire industry (Underdown, Palmer & Taylor, 2000). However, establishing such aviation frameworks is expensive. Subsequently, the aviation sector in the United States has been attempting to construct this modern system for the past two decades. This unsuccessful mission is because of lack of sufficient funds. This has led to congestion of human traffic as well as crashing operations in the local and international airstrips.
In order to solve this problem, the federal government should participate in identifying a lasting solution. Creation and implementation of relevant policies is one of the approaches that will aid the centralized administration to efficiently deal with this issue. Congress should use its legislative powers to influence the Department of the Treasury to finance such developmental activities partly. This is because the construction of such management structures as the NextGen system will be beneficial to the national economy. By using these programs to control air traffic in different airlines, the time wasted by customers in the traveling procedures will reduce with other expenses such as the fuel and labor costs decreasing. Consequently, the national economy will exemplify significant growth because of the increased profits recorded in the aviation sub sector. Since the existing laws do not encompass this sponsorship recommendation, Congress ought to formulate new policies regarding this subject matter.
Recommended Wording for New Law
The federal government of the United States shall offer financial assistance to corporations or projects categorized under the supervision of certain bureaus in the centralized administration. This support shall depend on the importance of the project with reference to the national economy or wellbeing of the citizens.
Tax Policy
Recently, the stakeholders in the American aviation segment have been criticizing the high tariffs imposed on proceedings related to air travel. An analysis on the issue indicates that airlines based in the United States attract heftier taxes than other commercial enterprises such as the tobacco industry and alcohol manufacturers (Larsen, Sweeney & Gillick, 2006). Other expenses that increase the operating costs of these participants include high fuel prices as well as the costs of constructing modern facilities within the airstrips. These hefty tariffs corresponding with the policies stipulated by Congress may result in large losses in these airlines. This is because they cannot transfer all the costs to their customers. Moreover, the international and local airlines in this American subdivision are not in a position to absorb these expenses without affecting the quality and quantity of their products and services.
For this reason, it is important for Congress to review the current tax policy influencing the financial aspect of the aviation sub sector. This is because the possible fiscal depression in the industry will also have an effect on the national economy. National policy formulators should perceive this amendment as one of the necessary approaches in rescuing this significant industry from financial breakdown. The results of this technique will not only be evident in affairs related to air travel but will also be apparent in the national economy. This is because of the significance of this transportation industry in the operations of other divisions. For instance, the national agricultural department relies on this mode of transportation to deliver perishable commodities to regional and international destinations. This situation justifies the alteration of the existing policies regarding taxation. Additionally, new laws will aid in improving the airlines and other departments of the national aviation subdivision. Moreover, industries whose products have harmful effects on the citizens will have an expansion limit that will be helpful in controlling the impact of their commodities. Such sub sectors include tobacco and alcohol manufacturing firms.
Recommended Wording for the Amendment
The federal government shall provide a legal platform for the modification of policies, which have an effect on a nationalized sub sector that is of utmost importance to the economy of the nation or its citizens
Recommended Wording for New Laws
(a) The Department of Treasury shall implement the taxation stipulations depending on the value of an industry with reference to the wellbeing of the citizens.
(b) Congress shall formulate appropriate laws that determine the level of taxation in every commercial subdivision.
Administrative Structure
Similar to other sub sectors contributing to the growth of the national economy, the aviation division is a crucial yet complex segment that requires an efficient administration in order to attain the set interim and long-term objectives. However, this effectiveness is only possible if the relevant authorities have clear jurisdictions. Existence of different supervisory units in the same field will affect the overall performance of the entire industry. In the current administrative structure governing the operations of the aviation division in the United States, the influence of various directorial entities is contradictory with some of their mandates extending beyond their set zones of command. This state of affairs threatens the productivity of the aviation subdivision since the human resources have minimal comprehension of the managerial duties of each unit. For example, the Civil Aeronautics Board is responsible for approving major projects within the industry as well as ensuring that airlines comply with the set rules. In contrast, the Air Transportation Association is a body under the aviation segment that oversees the operations of all airlines situated in the United States (Larsen, Sweeney & Gillick, 2006). These contradictory roles have had a negative effect on the development of this national branch.
Based on this evaluation on the current administrative system, it is crucial to introduce policies that will specify the mandate of such administrative bodies as the Civil Aeronautics Board and the Air Transportation Association. This stipulation will enable each directorial unit to conduct its operations effectively. Consequently, the entire aviation division will exhibit physical and procedural growth with airlines in the American market increasing their productivity steadily. This will also have an effect on the nationalized economy since the corporations will have high returns in addition to being substantial contributors to the national revenue kitty. For this reason, Congress should formulate comprehensible guiding principles that specify the role of major administrative bodies in the aviation sub sector.
Recommended Wording for New Laws
(a) Congress shall be the overseer of the roles of all administrative branches of the aviation division in the United States.
(b) The Civil Aeronautics Board shall be responsible for endorsing projects in all departments of the aviation sub sector.
(c) The Air Transportation Association shall be the main body supervising all airlines operating in the United States with the aim of ensuring that they are compliant with the set rules and regulations.
Pilot Population
In the recent past, airlines have experienced a noteworthy decrease in the number of students seeking to be certified pilots. This reduction in the American pilot population is because of the expensive and inaccessible aviation facilities in the country. The expenses involved in attaining the required knowledge in specialized aviation institutes are high. A projection of this situation indicates that the number of student pilots in the country will decline by 10 % per annum (Larsen, Sweeney & Gillick, 2006). This will have an adverse effect on the operations of the airlines as well as other aviation dealings. The low number of flight instructors and certified pilots will also cause congestion in the airstrips with air traffic control being a major challenge. This problem will also affect the national economy owing to the reduced returns from the stakeholders in this industry.
These circumstances justify the amendment of current laws regarding pilot population and acquisition of aviation skills in order to address this issue using practical and lasting mechanisms. Congress should evaluate the existing rules with the aim of identifying loopholes responsible for this personnel reduction. Through these modified policies, individuals who wish to acquire aviation expertise will be in a position to enroll in certified academic institutes that specialize in aviation studies. This will not only enhance operations in different departments of the national aviation division but it will also be an effective technique in the management of air traffic. Implementation of these recommendations is possible through effective utilization of the stipulations in 9/11 GI Bill. This policy ensures that student pilots and other aviation personnel acquire skills regarding this professional field through an affordable yet accessible scheme.
Recommended Wording for Amendment
The federal government of the United States shall work closely with major administrative bodies in the aviation industry in order to facilitate affordable, accessible, and quality acquisition of skills by undergraduate pilots and other personnel in the segment.
Conclusion
Based on the arguments highlighted in
this discussion, it is evident that various rules and regulations deserve
modification in order to solve various problems existing in the aviation
industry. Since it is the main legislative branch of the federal government in
the United States,
Congress should work closely with other stakeholders in the aviation segment
with the main intent of improving the administrative and operational aspects of
the division. This is because the rules and regulations governing this
subdivision are somewhat responsible for its overall productivity. In addition,
the proceedings and outcomes in this sub sector not only affect the returns of
the involved corporations but they also have an impact on the national economy.
Since this subdivision is a major contributor to the national revenue, Congress
and other authorities within the federal government should participate in
finding lasting solutions to the existing problems without overriding the
managerial positions of various directorial branches in the industry.
References
Larsen, P. B., Sweeney, J. C., & Gillick, J. E. (2006). Aviation law: Cases, laws and related sources. Ardsley, NY: Transnational Publishers.
Underdown, R. B., Palmer, T., & Taylor, S. E. T. (2000). Aviation law for pilots. Oxford: Blackwell Science.