PART 5. AIRCRAFT FINANCIAL RESPONSIBILITY ACT [24230. - 24410.]
Part 5 added by Stats. 1968, Ch. 1452.
§§ 24230–24410 · 47 sections
CHAPTER 1. General Provisions and Definitions §§ 24230–24247 · 18 sections
- § 24230 This part may be cited as the Uniform Aircraft Financial Responsibility Act.
- § 24231 This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
- § 24232 Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 24233 “Department” means the Department of Aeronautics in the Business and Transportation Agency.
- § 24234 “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
- § 24235 “Judgment” means any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final…
- § 24236 “Operator” means any person who is exercising actual physical control of an aircraft.
- § 24237 “Owner” means any of the following persons who may be legally responsible for the operation of an aircraft: (a) A person who holds the legal title to an…
- § 24238 “Passenger” means any person in, on or boarding an aircraft for the purpose of riding therein, or alighting therefrom following a flight or attempted flight…
- § 24239 “Person” means any individual, firm, copartnership, association or corporation, public or private, including his or its successors, assignees or legal…
- § 24240 “Notification” means notice in writing served upon a person by either: (a) Actual delivery or offer of delivery to such person by any adult individual whose…
- § 24241 “State” means any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.
- § 24242 “Claimants” means any person having a claim for damages as the result of an accident within this state involving an aircraft.
- § 24243 This part does not apply to: (a) Any aircraft owned and operated by or leased to and subject to the sole control of the United States or any civil or military…
- § 24244 This part shall not apply with respect to any accident occurring prior to the effective date of this part.
- § 24245 Nothing in this part shall be construed as precluding any party in any action or proceeding from employing other processes provided by law. Nothing in this…
- § 24246 A discharge in bankruptcy shall not relieve any person from the requirements of this part.
- § 24247 Nothing in this part shall be construed as authorizing the state to license the operators of aircraft.
CHAPTER 2. Administration §§ 24250–24254 · 5 sections
- § 24250 The department shall administer and enforce the provisions of this part and may make rules and regulations necessary for its administration. Nothing in this…
- § 24251 The department shall provide for hearings upon request of any person who may be affected by its orders or acts under the provisions of this part and may…
- § 24252 Any person aggrieved by any rule, regulation, order or act of the department or by a failure of the department to act hereunder, may have judicial review…
- § 24253 The records of and proceedings before the department shall be inadmissible in evidence and shall not be referred to at the trial of any civil action or…
- § 24254 (a) The operation of an aircraft on the land or waters of, or in the air over, this state shall be deemed an appointment by the owner or operator of the…
CHAPTER 3. Security Following Accident §§ 24300–24362 · 19 sections
ARTICLE 1. Accident Report §§ 24300–24302 · 3 sections
- § 24300 The operator of any aircraft involved in an accident within this state in which any person is killed or injured or damage in excess of four hundred dollars…
- § 24301 The report, the form of which shall be prescribed by the department, shall include information to enable the department to determine whether the requirements…
- § 24302 The operator and the owner shall furnish such additional information as the department may require.
ARTICLE 2. Security §§ 24325–24327 · 3 sections
- § 24325 As promptly as practicable but not later than 30 days after receipt of an accident report as required in Article 1 (commencing with Section 24300), the…
- § 24326 As promptly as practicable but not later than 30 days after the entry of the order required by Section 24325, the department, the owner or the operator, or…
- § 24327 The requirements as to security do not apply: (a) To the operator of an aircraft involved in an accident in which no injury was caused to the person of anyone…
ARTICLE 3. Financial Responsibility §§ 24350–24362 · 13 sections
- § 24350 A policy or bond is not effective under Article 2 unless: (a) Issued either (1) by an insurer or surety company authorized to do business in this state, or (2)…
- § 24351 The policy or bond need not cover: (a) Any liability on account of bodily injury to or death of any employee of the owner or operator while the employee is…
- § 24352 Any person may at any time apply to the department for a certificate of self-insurance, whether or not there has occurred an accident as a result of which he…
- § 24353 The department may in its discretion issue a certificate of self-insurance when satisfied that the applicant is possessed and will continue to be possessed of…
- § 24354 Upon not less than 10 days notification of a self-insurer the department may for reasonable cause cancel a certificate of self-insurance and shall cancel such…
- § 24355 The security required under this part shall be cash or securities permissible under state law as security for deposit of state funds and in such amount as the…
- § 24356 Upon 10 days notification of the parties concerned, the department may reduce, or, within the limits specified in Section 24350, increase the amount of…
- § 24357 Security deposited in compliance with the requirements of this part shall be delivered to the department. The department shall deposit all cash received as…
- § 24358 Such security shall be available for the following purposes: (a) Payment of a final judgment or judgments in any amount for bodily injury or in excess of four…
- § 24359 Every judgment shall for the purposes of this part be deemed satisfied: (a) When fifty thousand dollars ($50,000) has been credited, upon any judgment in…
- § 24360 Whenever any evidence of proof of ability to respond in damages filed by any person under the provisions of this part no longer fulfills the purpose for which…
- § 24361 No insurance policy meeting the requirements of Section 24350 shall be canceled unless 30 days’ prior notice is given to the department by either the insured…
- § 24362 Every person permitting another person to operate an aircraft under the terms of any rental agreement or lease which provides for any remuneration for the use…
CHAPTER 4. Penalties §§ 24400–24403 · 4 sections
- § 24400 Any owner or operator who knowingly refuses or fails to make any report of an accident as required in Article 1 (commencing with Section 24300) of Chapter 3 of…
- § 24401 Any owner or operator who knowingly makes a false statement or representation of a material fact in a report to or written instrument filed with the department…
- § 24402 Any owner or operator who refuses or fails to comply with the provisions of Article 2 (commencing with Section 24325) of Chapter 3 of this part or of Section…
- § 24403 Every person permitting another person to operate an aircraft under the terms of any rental agreement which provides for any remuneration for the use of such…
CHAPTER 5. Declaration of Intent § 24410 · 1 section
- § 24410 It is the purpose of this part to establish minimum standards for aircraft financial responsibility, and nothing in this part shall be construed as preventing…