Re: Fwd: Notification of Opinion (Texas Attorney General's Office)Â GA-0684

[Guest guest]

I like the idea of landing.? So the FAA requires airports and helipads /

helispots to have certain things...the question is, can a municipality dictate

rules and regulations on where and when a helicopter can land if it is NOT

landing at an airport...can a city dictate that " you cannot place a helipad in

an area south of Main Street and east of 1st Street?? If a city can do

that...then the next question is...can you have an ordinance that then states

helicopters can only land at established helipads??

Doesn't really matter...I agree with Gene...Congress has to address this and let

states regulate their own business when related to air medical resources.? There

is a bill before the Senate introduced by Senator Dole (before she lost) that

would do just this...of course, AAMS has taken a position of opposition to this

bill (who knew).? It is believed by many that Senator Dole introduced this bill

to give the state of North Carolina the ability to regulate its air medical

services.? It too has recently lost a court case on pre-emption.

Dudley

Fwd: Notification of Opinion (Texas Attorney General's

> Office) GA-0684

>

> Discuss....

>

> -Wes Ogilvie

>

> Good afternoon:

>

> We issued 1 Attorney General Opinion: GA-0684 (RQ-0719-GA)

>

> Opinion No. GA-0684

> Go to:

>

> http://www.oag.http://wwhttp://www.ohttp://wwhttp://wwhttp://www.ohttp://www.

>

> Re: Whether the federal Airline Deregulation Act preempts the state statute

> and

> regulation authorizing an EMS subscription program as applied to air

> ambulances

> (RQ-0719-GA)

>

> http://www.oag.http://wwhttp://www.ohttp://wwhttp://wwhttp://www.ohttp://wwhtt

>

> Summary: Pursuant to section 157.11(l) of Title 25, Texas Administrative

> Code,

> emergency medical service providers may establish a subscription program

> allowing members a reduced rate for air ambulance services. Because section

> 157.11(l) relates to charges for air ambulance services, the federal Airline

> Deregulation Act of 1978 (ADA) preempts it as to air carriers providing

> interstate air ambulance services. The ADA preempts the state regulation as

> applied to a ground ambulance operated as an integral part of an air

> ambulance

> service.

>

> ****

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