Origins of Aviation

The origins of aviation begin with the Wright Brothers who infamously took the first known flight in 1903 at Kitty Hawk, NC. The changes to aviation over the last century have been numerous. As Harrison Ford stated in “Living in the Age of Airplanes”, “What once was a migration is now a vacation.”

Flight is the only truly new sensation that men have achieved in modern history.

James Dickey

Air Mail Changes Aviation

What changed aviation however was the fact that money could be made. When Congress passed the Air Mail Act of 1925 (also known as the Kelly Act) the Postmaster General could begin finding private companies to transport the US Mail. As more and more people saw that money could be made, the industry quite literally took off. Five contracts were initially awarded to Colonial Air Transportation, National Air Transport, Robertson Aircraft Corporation, Western Air Express and Varney Air Lines.^[1] Postal Act Facts – Smithsonian Institute https://postalmuseum.si.edu/exhibition/fad-to-fundamental-airmail-in-america-airmail-creates-an-industry-from-public-to-private

A Congressional committee on civil aviation was delivered a report from the Department of Commerce that detailed how far ahead Europe was in aviation. This led President Calvin Coolidge to create a special board to make recommendations on civil aviation in America. The board’s findings confirmed that the US was lagging behind Europe in aviation and recommended that aviation be split into military and civil authorities. ^[2] Alexander T. Wells (1 January 2007). Air Transportation: A Management Perspective. Ashgate Publishing, Ltd. p. 33. ISBN 978-0-7546-7171-8.

The private companies could receive the majority of the revenue generated on airmail. As much as 4/5th of the ten cent per ounce air mail rate at the time. There were no prohibitions on carrying freight, cargo, or even passengers, as long as they didn’t take room from the mail. The air mail operator was responsible for maintaining the airfields, navaids, and communications equipment at the time. ^[3]F. Robert van der Linden (13 January 2015). Airlines and Air Mail: The Post Office and the Birth of the Commercial Aviation Industry. University Press of Kentucky. … Continue reading

Regulation

Although there were some regulations from the Department of Commerce as part of the Air Mail Act of 1925, the regulations were simply to ensure the mail was delivered. The creation of the Aeronautics Branch of the Department of Commerce was a result of the Air Commerce Act of 1926.

The newly created branch was tasked with regulating civil aviation safety. To ensure the safety of civil aviation, the branch tested and issued licenses to pilots, began issuing airworthiness certificates, created and enforced safety rules, operated navaids, and investigated aviation incidents and accidents. ^[4]United States. Dept. of Commerce (1932). The United States Department of Commerce: a brief description of the activities of the several bureaus of the Department. G.P.O.

A Senate investigation into what became known as the Air Mail Scandal led to an ousting of leadership and cancellation of air mail contracts by then President Franklin Roosevelt. As a result, the Aeronautics Branch was restructured and renamed to the Bureau of Air Commerce. This would not be the last reorganization of the federal regulators.

Scandal Changes the Future

As a result of the scandal, the Air Mail Act of 1934 also put caveats on contracts. To give small airlines a chance to win the lucrative contracts, it was decided that those who held the previous contracts could not bid on the new ones. The airlines reorganized which led to the creation of American Airlines, Eastern Airlines, and United Airlines. ^[5]Alexander T. Wells (1 January 2007). Air Transportation: A Management Perspective. Ashgate Publishing, Ltd. p. 33. ISBN 978-0-7546-7171-8.

It was the Civil Aeronautics Act of 1938 that once again changed the agency charged with overseeing civil aviation. ^[6]“Civil Aeronautics Act of 1938 ~ P.L. 75-706” (PDF). 52 Stat. 973 ~ Senate Bill 3845. Legis Works. June 23, 1938. Archived from the original (PDF) on November 20, … Continue reading The newly created Civil Aeronautics Authority (CAA) no longer reported to the Department of Commerce but now was an independent agency. This was short-lived when President Roosevelt split the Civil Aeronautics Authority into two agencies, the Civil Aeronautics Administration (CAA) and Civil Aeronautics Board (CAB) in 1940.

The Civil Aeronautics Administration (CAA) was tasked with air traffic control, aviation safety, and airway development. On the other hand, the Civil Aeronautics Board (CAB) was responsible for safety rulemaking, accident investigation, and the economic regulation of aviation. Overall, the CAB would regulate the industry until passage of the Airline Deregulation Act of 1978. The National Transportation Safety Board (NTSB) assumed accident investigation responsibilities from the CAB with its creation in 1967. ^[7]“A Brief History of the FAA”. Federal Aviation Administration. Retrieved January 17, 2021.

Moving Towards the Future

After several fatal collisions, the Air Commerce Act was repealed and replaced by the Federal Aviation Act of 1958. ^[8]Michael W. Pearson; Daniel S. Riley (15 April 2016). Foundations of Aviation Law. Routledge. pp. 81–. ISBN 978-1-317-13372-8. With the overhaul, the Federal Aviation Agency (FAA) was created to assume all of the responsibilities of the CAA along with the safety rulemaking role of the CAB. The Federal Aviation Agency was renamed the Federal Aviation Administration (FAA) in 1966 as part of the new Department of Transportation. The FAA maintained civil aviation, safety rulemaking, airworthiness, and air traffic control. The CAB retained the regulation of airlines and aviation. Accident investigations and recommendations remained with the NTSB.

The Airline Deregulation Act of 1978 changed the future of aviation. By removing the CAB’s authority to establish fares, routes, and airline existence, the future remained bright. The CAB would exist until 1985 when it was dismantled. ^[9]The Federal Aviation Administration and Its Predecessor Agencies. US Centennial of Flight Commission. Retrieved January 17, 2021 Deregulation was the last major change to the oversight of aviation until the September 11, 2001 terrorist attacks that shut down aviation and spurred an entirely new Department and agency with security oversight, the Department of Homeland Security (DHS) and the Transportation Security Administration (TSA).

Post 9/11 Era

The creation of the Transportation Security Administration transferred the aviation security responsibility from the FAA to the TSA. Originally formed under the Department of Transportation, TSA was quickly transitioned to the new Department of Homeland Security, where it remains today. The oversight of civil aviation in the United States has remained largely the same for the past twenty years.

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