2007 California Public Utilities Code Chapter 1. General Provisions And Definitions

CA Codes (puc:24230-24247)

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 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.


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 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.



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 therein.



24239.  "Person" means any individual, firm, copartnership,
association or corporation, public or private, including his or its
successors, assignees or legal representatives.



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


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
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.


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 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.




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.