All-cargo flights are Part 121 operations. In Louisville, UPS Worldport’s flights are governed by 14 C.F.R. Part 121 (air carrier certification/operations). Part 121 also contains cargo-specific subparts, like all-cargo flight-time/rest rules in Subpart S.
When an accident happens, NTSB leads the safety investigation. The NTSB conducts fact-finding under 49 C.F.R. Part 831 (party process, docket releases). Its work runs parallel to, but separate from, any civil wrongful-death or injury claim.
Two kinds of federal preemption to know
1) FAA safety (“field”) preemption
Courts often recognize broad federal control over aviation safety, limiting state attempts to impose competing safety standards. The debate is about scope: some decisions frame it as near-total field preemption, while others (e.g., the Third Circuit’s Sikkelee line) allow state tort standards so long as there’s no conflict with federal requirements. Either way, federal rules set the baseline for aircraft operation, maintenance, crew qualifications, and equipment.
What this means in practice: In many aircraft or ramp-safety cases, you can still bring state negligence or product-liability claims—but they’re proved against federal safety standards and records (Part 121 manuals, maintenance programs, operations specs, NTSB/FAA materials).
2) Airline Deregulation Act (ADA) “rates, routes, or services” preemption
A different statute—the ADA—preempts state laws “related to a price, route, or service of an air carrier.” The Supreme Court has applied this to bar state-law claims that directly regulate or second-guess airline services (e.g., frequent-flier program decisions), while preserving breach-of-contract claims based on the airline’s own promises.
Key distinction for injury cases: ADA preemption typically targets service/consumer disputes. Standard personal-injury negligence claims grounded in safety (unsafe operation, maintenance, ramp-vehicle conduct) usually proceed, provided they don’t impose state rules that conflict with federal safety requirements.
How this plays out after a Louisville air-cargo or ramp incident
-
Investigation channel: NTSB takes the safety lead; FAA facilities preserve ATC audio/radar per agency orders. Civil cases can move forward while awaiting the NTSB docket.
-
Standards & proof: Plaintiffs prove negligence using federal standards (Part 121 ops/maintenance, training, manuals) and factual records. All-cargo specifics (e.g., Subpart S flight-time/rest for supplemental all-cargo) can be outcome-determinative.
-
Preemption defenses:
-
FAA safety preemption limits attempts to use state-created safety regimes that conflict with federal rules—but does not erase ordinary negligence grounded in federal standards.
-
ADA “services” preemption may bar suits that attack an airline’s service choices (billing, loyalty programs, certain customer-service practices), not safety-based torts.
-
Quick answers
Are cargo and passenger airlines under the same core rules?
Yes—both are Part 121 air carriers. Cargo carriers follow Part 121 with some cargo-specific provisions (e.g., flight-time/rest).
—
Does preemption kill every injury claim?
No. Most safety-based negligence or product-liability claims proceed, but they’re litigated through federal standards and records rather than state-invented safety rules.
—
Who runs the investigation and releases the “black box” facts?
NTSB controls the safety investigation and later releases a public docket; civil suits use those materials plus airline/airport/vendor records.
Sources & further reading
-
14 C.F.R. Part 121 (air carrier certification & operations); Subpart S (all-cargo flight-time/rest). eCFR
-
49 C.F.R. Part 831 (NTSB investigation procedures). eCFR
-
ADA preemption overview and Supreme Court application to airline “services.” Congress.gov
-
Aviation preemption primers (safety field/conflict; personal-injury context). RumbergerKirk
0 Comments