DOT FINAL RULE REGARDING THE CARRIAGE OF MUSICAL INSTRUMENTS

February 6, 2015

On January 5, the U.S. Department of Transportation (DOT) issued a final rule regarding the carriage of musical instruments as carry-on or checked baggage on commercial passenger flights. The effective date of the rule is March 6, 2015.  The rule applies to all U.S. certificated and commuter air carriers, air taxis, and U.S. indirect carriers such as public charter operators that operate scheduled and charter flights to, from or within the United States.

The rule states the following:

Small Instruments as Carry-On Baggage – Carriers shall permit a passenger to bring a small musical instrument, such as a violin or a guitar, into the cabin without charging an additional fee (other than the standard fee a carrier may require for comparable carry-on baggage) if:

  1. The instrument can be stowed in a baggage compartment in  the cabin or under a passenger seat; and
  2. There is space for such stowage when the passenger boards.

Large Instruments as Carry-On Baggage – Carriers shall permit a passenger to bring a large musical instrument (one that does not meet the requirements of a small instrument)  into the cabin without charging an additional fee (other than the cost of an additional ticket described below) if:

  1. The instrument is contained in a case or cover to avoid injury to other passengers;
  2. The weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft;
  3. The instrument can be stowed in accordance with FAA requirements for carriage of carry-on baggage or cargo;
  4. The instrument case does not contain any object not otherwise permitted to be carried in an aircraft cabin because of a U.S. law or regulation; and
  5. The passenger has purchased an additional seat to accommodate the instrument.

Large Instruments as Checked Baggage – Carriers shall permit a passenger to transport as baggage an instrument that may not be carried in the cabin if:

  1. The sum of the length, width, and height of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft;
  2. The weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and
  3. The instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the FAA.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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