Laws: Cases and Codes : U.S. Code : Title 49 : Section 41706


   
U.S. Code as of: 01/19/04
Section 41706. Prohibitions against smoking on scheduled flights

      (a) Smoking Prohibition in Intrastate and Interstate Air
    Transportation. - An individual may not smoke in an aircraft in
    scheduled passenger interstate air transportation or scheduled
    passenger intrastate air transportation.
      (b) Smoking Prohibition in Foreign Air Transportation. - The
    Secretary of Transportation shall require all air carriers and
    foreign air carriers to prohibit smoking in any aircraft in
    scheduled passenger foreign air transportation.
      (c) Limitation on Applicability. - 
        (1) In general. - If a foreign government objects to the
      application of subsection (b) on the basis that subsection (b)
      provides for an extraterritorial application of the laws of the
      United States, the Secretary shall waive the application of
      subsection (b) to a foreign air carrier licensed by that foreign
      government at such time as an alternative prohibition negotiated
      under paragraph (2) becomes effective and is enforced by the
      Secretary.
        (2) Alternative prohibition. - If, pursuant to paragraph (1), a
      foreign government objects to the prohibition under subsection
      (b), the Secretary shall enter into bilateral negotiations with
      the objecting foreign government to provide for an alternative
      smoking prohibition.

      (d) Regulations. - The Secretary shall prescribe such regulations
    as are necessary to carry out this section.



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Department of Transportation Guide

Transportation Discussion

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