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1 Air Com. Bull. 1 (1929-1930)

handle is hein.journals/aicmrcb1 and id is 1 raw text is: DEPARTMENT OF COMMERCE
AERONAUTICS BRANCH
AIR COMMERCE BULLETIN
ISSUED SEMIMONTHLY
Vol. 1             Washington, July 1, 1929        No. 1

Need for uniform State legislation.
United States air transport routes, a table and map.
More air travelogues, by Frederick L. Hoffman,
LL.D.
Analysis of accidents in civil aeronautics for 1928.
July in the air, a chronicle of early days.
Status of aircraft radio research, a review of the year.
American aircraft exports double.
Committee on hangar fire tests.
Airway survey and construction progress.
Airport and airway changes.
Certification of private lights.
Proposed airports.
Licenses and identifications, airplane and engine
approvals.
Air mail news and statistics.
Airway operators, a list.
NEED FOR UNIFORM STATE LEGISLATION
Under the provisions of the air com-
merce act, the basic Federal law govern-
ing the regulation of civil aeronautics,
the United States Department of Com-
merce can only impose the licensing
requirements upon aircraft and air-
men engaged in interstate air com-
merce. It can, and does, however,
extend the licensing privileges to intra-
state owners and operators of aircraft.
The result has been that a great major-
ity of the latter have found it desirable
to take advantage of the privilege, by
voluntarily applying for licenses, which
carries with it the inspection of air-
craft and examination of airmen as to
their airworthiness and competency,
respectively.
Also, under the provisions of the same
act, unlicensed aircraft and airmen,
engaged in air commerce in any way
whatsoever, are obliged to confine
their operations to the borders of a
given State, in which there are no
limiting State laws. The results are
more or less obvious. Thus far at
least not all aircraft and airmen are
airworthy or competent. Some are
disapproved for various reasons when
they are inspected or examined by the
field representatives of the Depart-
ment of Commerce. In such cases
there is but one alternative to either
acquiring airworthy aircraft or im-
proving their ability as airmen, and
that is to resort to intrastate opera-
tion in a State having no law, or the
579E2-29--1

incorrect law, in the premises. And,
unfortunately, it is this class of aircraft
and airmen which has been contribut-
ing in a large measure to the recent
aircraft accidents with their resulting
injuries, fatal and otherwise, to both
passengers and pilots.
The remedy under the existing Fed-
eral law requires suitable State legisla-
tion-legislation which, among other
things, must take into c6nsideration
the imperative need for uniformity
throughout the United States, in the
matter of airworthiness of aircraft,
competency of airmen, and most par-
ticularly in the operation of aircraft in
the air. Once an aircraft is in the air
there can be no distinction between its
interstate or intrastate character. It
must be equally airworthy, the pilot
must be equally competent, and the
same rules as to passing, crossing,
signaling, landing, etc., must be rigidly
observed. Inasmuch as there can be
but one standard of airworthiness, only
a limited range of piloting ability, and
no variation in rules, then it would
seem obvious that State laws dealing
with regulation should provide require-
ments identical with those of the Fed-
eral law.
There are, apparently, several ways
in which the required uniformity may be
accomplished. The simplest seems to
be the enactment of a State law which
would, in its effect, require all intra-
state aircraft and airmen to be Feder-
ally licensed. This at once sets up the
identical requirements, and obviates
the necessity of a state inspection sys-
tem with its attendant difficulties, com-
plications, and expense. The Air Traf-
fic Rules of the Commerce Department
are universally effective-that is, they
are equally applicable to interstate and
intrastate operations in the air-but
experience has indicated that local en-
forcement of penalties for violations is
desirable. Therefore, if the State con-
stitution does not permit the adoption
of the Federal Air Traffic Rules by
reference, then it would doubtless be in
order to incorporate them in the State
law, by authorizing a State official to

Reproduction by Permission of Buffalo & Erie County Public Library Buffalo, NY

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