49 U.S. Code § 41704. Transporting property not to be transported in aircraft cabins

Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41704

49 App.:1516.

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1116; added Aug. 5, 1974, Pub. L. 93–366, § 205, 88 Stat. 418.

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.

The words “as may be necessary”, “which . . . lawfully”, and “by such person” are omitted as surplus. The words “The carrier is liable to pay an amount not more than” are substituted for “shall assume liability . . . within” for clarity. The words “to such person” are omitted as surplus. The words “The carrier may impose” are added for clarity. The words “terms and” are omitted as covered by “conditions”.

Refunds for Delayed Baggage

Pub. L. 114–190, title II, § 2305, July 15, 2016, 130 Stat. 640, provided that:

“(a)In General.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall issue final regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any ancillary fees paid by the passenger for checked baggage if—
“(1) the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—
“(A)
not later than 12 hours after the arrival of a domestic flight; or
“(B)
not later than 15 hours after the arrival of an international flight; and
“(2)
the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.
“(b)Exception.—If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines specified in subsection (a)(1) for such cases, except that—
“(1)
the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and
“(2)
the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight.”