---
kind: "section"
citation: "49 U.S.C. § 41724"
title: "49"
title_heading: "Transportation"
number: "41724"
heading: "Musical instruments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/41724"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart ii — economic regulation"
  - "Chapter 417 — Operations of Carriers"
  - "Subchapter I — Requirements"
---

# §41724. Musical instruments

- (a) **In General.—**
  - (1) **Small instruments as carry-on baggage.—** An [air carrier](/usc/49/40102.md?p=a-2) providing [air transportation](/usc/49/40102.md?p=a-5) shall permit a passenger to carry a violin, guitar, or other musical instrument in the [aircraft](/usc/49/40102.md?p=a-6) cabin, without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, if—
    - (A) the instrument can be stowed safely in a suitable baggage compartment in the [aircraft](/usc/49/40102.md?p=a-6) cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or [cargo](/usc/49/40102.md?p=a-12) established by the Administrator; and
    - (B) there is space for such stowage at the time the passenger boards the [aircraft](/usc/49/40102.md?p=a-6).
  - (2) **Larger instruments as carry-on baggage.—** An [air carrier](/usc/49/40102.md?p=a-2) providing [air transportation](/usc/49/40102.md?p=a-5) shall permit a passenger to carry a musical instrument that is too large to meet the requirements of [paragraph (1)](#a-1) in the [aircraft](/usc/49/40102.md?p=a-6) cabin, without charging the passenger a fee in addition to the cost of the additional ticket described in [subparagraph (E)](#a-2-E), if—
    - (A) the instrument is contained in a case or covered so as to avoid injury to other passengers;
    - (B) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the [aircraft](/usc/49/40102.md?p=a-6);
    - (C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or [cargo](/usc/49/40102.md?p=a-12) established by the Administrator;
    - (D) neither the instrument nor the case contains any object not otherwise permitted to be carried in an [aircraft](/usc/49/40102.md?p=a-6) cabin because of a law or regulation of the [United States](/usc/49/40102.md?p=a-46); and
    - (E) the passenger wishing to carry the instrument in the [aircraft](/usc/49/40102.md?p=a-6) cabin has purchased an additional seat to accommodate the instrument.
  - (3) **Large instruments as checked baggage.—** An [air carrier](/usc/49/40102.md?p=a-2) shall transport as baggage a musical instrument that is the property of a passenger traveling in [air transportation](/usc/49/40102.md?p=a-5) that may not be carried in the [aircraft](/usc/49/40102.md?p=a-6) cabin if—
    - (A) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the [aircraft](/usc/49/40102.md?p=a-6);
    - (B) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the [aircraft](/usc/49/40102.md?p=a-6); and
    - (C) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or [cargo](/usc/49/40102.md?p=a-12) established by the Administrator.
- (b) **Regulations.—** Not later than 2 years after the date of enactment of this section, the Secretary shall issue final regulations to carry out [subsection (a)](#a).
- (c) **Effective Date.—** The requirements of this section shall become effective on the date of issuance of the final regulations under [subsection (b)](#b).

## Source credit

(Added Pub. L. 112–95, title IV, § 403(a), Feb. 14, 2012, 126 Stat. 84.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 112–95, which was approved Feb. 14, 2012.

Final regulations, referred to in subsecs. (b) and (c), were issued Dec. 29, 2014, effective Mar. 6, 2015. See 80 F.R. 161.