Fair Aviation in Restrictions and Emergencies Act; FARE Act
Summary
The Fair Aviation in Restrictions and Emergencies Act (FARE Act) aims to prevent the Federal Aviation Administration (FAA) from restricting commercial flights during government shutdowns unless private flights are similarly restricted. It defines commercial flights as regularly scheduled flights by passenger common carriers and private aircraft flights as those using jet engines but not operated as regularly scheduled flights. The bill outlines exceptions for private flights serving public safety, government, military, medical, agricultural, meteorological, humanitarian, or cargo purposes.
Expected Effects
The FARE Act would change the FAA's operational procedures during lapses in appropriations. It prioritizes maintaining commercial flight operations by restricting private flights first. This could lead to more consistent commercial air travel during government shutdowns.
Potential Benefits
- Ensures continued commercial flight operations during government shutdowns, minimizing disruptions for travelers.
- Prioritizes essential private flights (public safety, medical, etc.) through exceptions.
- Potentially reduces economic losses associated with flight disruptions.
- Promotes fairness by ensuring private flights are restricted before commercial flights during funding lapses.
- Provides a clear enforcement mechanism through civil penalties or court actions.
Potential Disadvantages
- May disproportionately affect private aircraft owners and operators.
- Could create administrative challenges in distinguishing between eligible and ineligible private flights during a shutdown.
- Potential for legal challenges regarding the prioritization of commercial flights over private flights.
- Enforcement may strain FAA resources.
- The definition of 'private aircraft flight' might be too narrow or broad, leading to unintended consequences.
Constitutional Alignment
The FARE Act appears to align with the general welfare clause of the Constitution (Preamble), as it aims to minimize disruption to commercial air travel, which benefits the public. However, it could be argued that it infringes upon the rights of private aircraft owners, potentially raising concerns under the Fifth Amendment (due process and equal protection). Further analysis would be needed to determine if the restrictions on private flights are reasonable and non-discriminatory.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).