Chapter 1. General Provisions And Definitions of California Public Utilities Code >> Division 9. >> Part 5. >> Chapter 1.

This part may be cited as the Uniform Aircraft Financial Responsibility Act.

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.

Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.

"Department" means the Department of Aeronautics in the Business and Transportation Agency.

"Aircraft" means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.

"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 affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a claim for damages suffered by a claimant arising out of the ownership, operation, maintenance or use of any aircraft, including damages for care and loss of services, because of bodily injury to or death of any person or injury to or destruction of property, including the loss of use thereof, or upon an agreement of settlement for such damages.

"Operator" means any person who is exercising actual physical control of an aircraft.

"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 aircraft.
  (b) A lessee of an aircraft.
  (c) A conditional vendee, a trustee under a trust receipt and a mortgager or other person holding an aircraft subject to a security interest.

"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 therein.

"Person" means any individual, firm, copartnership, association or corporation, public or private, including his or its successors, assignees or legal representatives.

"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 rights are not affected by the proceeding involved; or
  (b) Registered mail addressed to the person at the last address known to the division.

"State" means any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.

"Claimants" means any person having a claim for damages as the result of an accident within this state involving an aircraft.

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 agency of the United States or of the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States.
  (b) Any aircraft owned and operated by or leased to and subject to the sole control of this or any other state or agency thereof or any political subdivision or municipality of this or any other state.
  (c) Any aircraft owned and operated by or leased to and subject to the sole control of any foreign country or any civil or military agency thereof or any political subdivision or municipality thereof.
  (d) Any commercial air operator subject to Chapter 9 (commencing with Section 5500) of Division 2.
  (e) Any aircraft operated by an operator subject to the provisions of Article 2 (commencing with Section 11931) of Chapter 5 of Division 6 of the Agricultural Code.
  (f) Any person who maintains in effect an insurance policy meeting the requirements of Section 24350 and who has filed with the department a certificate of insurance issued by the insurance company which issued such policy; provided, however, that such person shall, in accordance with the provisions of Section 24300, report each aircraft accident in which he is involved as operator or owner of aircraft.

This part shall not apply with respect to any accident occurring prior to the effective date of this part.

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 part shall be construed as precluding the utilization by the department of the injunctive or other process of the courts in aid of the enforcement of this part.

A discharge in bankruptcy shall not relieve any person from the requirements of this part.

Nothing in this part shall be construed as authorizing the state to license the operators of aircraft.