2005 Nevada Revised Statutes - Chapter 498 — Skydiving Businesses

CHAPTER 498 - SKYDIVING BUSINESSES

GENERAL PROVISIONS

NRS 498.010 Definitions.

NRS 498.020 Associationdefined.

NRS 498.030 Skydivingbusiness defined.

NRS 498.040 Studentskydiver defined.

NRS 498.050 Legislativefindings and declaration.

NRS 498.060 Certainpersons presumed to be student skydivers.

DUTIES OF OPERATORS

NRS 498.070 Operatorsrequired to comply with certain federal regulations and safety requirements andto use Associations training options; Director of Department of Transportationrequired to review amendments to basic safety requirements and trainingoptions.

NRS 498.080 Maintenanceof safety handbook on premises; provision or availability of copy of basicsafety requirements and federal regulations to customer.

NRS 498.090 Postingof certain information at operators place of business.

NRS 498.100 Accidentreports.

PENALTIES

NRS 498.110 Penalty;revocation of license.

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GENERAL PROVISIONS

NRS 498.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS498.020, 498.030 and 498.040 have the meanings ascribed to themin those sections.

(Added to NRS by 1999, 1054)

NRS 498.020 Associationdefined. Association means the United StatesParachute Association or its successor organization.

(Added to NRS by 1999, 1054)

NRS 498.030 Skydivingbusiness defined. Skydiving business meansa business that receives compensation for providing a person with:

1. The opportunity to jump with a parachute from anairplane, a balloon or any other vehicle used for navigation through the air;or

2. Training on how to jump safely from an airplane, aballoon or any other vehicle used for navigation through the air and how toland safely using a parachute.

(Added to NRS by 1999, 1054)

NRS 498.040 Studentskydiver defined. Student skydiver means aperson who receives training to skydive and has not been cleared toself-jumpmaster in accordance with standards established by the Association.

(Added to NRS by 1999, 1054)

NRS 498.050 Legislativefindings and declaration. The Legislaturehereby finds and declares that the operation of a skydiving business affectsthe health, safety and welfare of members of the general public and thatminimum standards for the operation of such a business must, therefore, beestablished.

(Added to NRS by 1999, 1054)

NRS 498.060 Certainpersons presumed to be student skydivers. Forthe purposes of NRS 498.010 to 498.110, inclusive, a person who has notpreviously jumped with a skydiving business shall be deemed to be a studentskydiver unless that person produces documented proof to the operator of theskydiving business that he has previously skydived.

(Added to NRS by 1999, 1054)

DUTIES OF OPERATORS

NRS 498.070 Operatorsrequired to comply with certain federal regulations and safety requirements andto use Associations training options; Director of Department of Transportationrequired to review amendments to basic safety requirements and training options.

1. The operator of a skydiving business shall:

(a) Comply with the regulations of the Federal AviationAdministration governing skydiving;

(b) Comply with safety requirements that are at leastas stringent as the basic safety requirements of the Association set forth inthe Skydivers Information Manual in the form most recently published by theAssociation, unless the Director of the Department of Transportation posts anotice of disapproval of any amendment to those requirements pursuant to subsection2; and

(c) Provide training to a student skydiver using one ofthe training options adopted by the Association in the Skydivers InformationManual in the form most recently published by the Association, unless theDirector of the Department of Transportation posts a notice of disapproval ofany amendment to those training options pursuant to subsection 2.

2. The Director of the Department of Transportation ora person designated by the Director shall review each amendment to the basicsafety requirements and training options set forth in the SkydiversInformation Manual and approve or disapprove of the amendment for use in thisstate. If the Director does not post a notice of disapproval within 30 daysafter such an amendment is published, the amendment shall be deemed approvedfor this state.

(Added to NRS by 1999, 1054)

NRS 498.080 Maintenanceof safety handbook on premises; provision or availability of copy of basicsafety requirements and federal regulations to customer.

1. The operator of a skydiving business shall maintainon the premises of the business a safety handbook which contains the safetyrequirements that the operator will comply with in conducting the operations ofthe business.

2. Upon request, the operator shall provide a customerwith a copy of the basic safety requirements of the Association and the regulationsof the Federal Aviation Administration governing skydiving. The operator shallbe deemed to have complied with the provisions of this subsection if he makesavailable to the customer for review on the premises the safety handbookrequired to be maintained pursuant to subsection 1, or a copy of the handbook,which contains the basic safety requirements of the Association and theregulations of the Federal Aviation Administration governing skydiving.

(Added to NRS by 1999, 1055)

NRS 498.090 Postingof certain information at operators place of business. The operator of a skydiving business shall post in aconspicuous location at his place of business a poster that includes thefollowing information in a font that is easy to read:

1. A statement that skydiving businesses operating inthis state must comply with the regulations of the Federal AviationAdministration governing skydiving and safety requirements that are at least asstringent as the basic safety requirements of the Association;

2. A list of the equipment required to be provided toa student skydiver; and

3. A statement that a customer may report any allegedviolation of the provisions of NRS 498.010to 498.110, inclusive, to the districtattorney of the county in which the alleged violation occurred or to theAttorney General.

(Added to NRS by 1999, 1055)

NRS 498.100 Accidentreports.

1. The operator of a skydiving business shall reportin writing to the Association an accident that results in serious injury to orthe death of one of its customers.

2. The report must:

(a) Be submitted to the Association not later than thenext business day following the date of the accident; and

(b) Include the time and place of the accident and thecircumstances relating thereto.

(Added to NRS by 1999, 1055)

PENALTIES

NRS 498.110 Penalty;revocation of license.

1. The operator of a skydiving business who willfullyviolates any of the provisions of NRS498.010 to 498.100, inclusive, isguilty of a misdemeanor.

2. Any governmental entity that has issued a licenseto engage in business as an operator of a skydiving business to a person who isconvicted of violating any of the provisions of NRS 498.010 to 498.100, inclusive, shall revoke thatlicense and send notice of the revocation to the licensee by certified mail.Such a licensee may not apply to any governmental entity for a license toengage in business as an operator of a skydiving business in this state for 5years after the revocation of his previous license.

(Added to NRS by 1999, 1055)