2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle VII - Aviation Programs (Sections 40101 - 50105)
Part A - Air Commerce and Safety (Sections 40101 - 46507)
Subpart iii - Safety (Sections 44101 - 45305)
Chapter 441 - Registration and Recordation of Aircraft (Sections 44101 - 44113)
Sec. 44112 - Limitation of liability
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iii - safety CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT Sec. 44112 - Limitation of liability |
Contains | section 44112 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1167. |
Statutes at Large References | 72 Stat. 774 73 Stat. 180 108 Stat. 1167 |
Public and Private Laws | Public Law 85-726, Public Law 86-81, Public Law 103-272 |
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(a) Definitions.—In this section—
(1) "lessor" means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.
(2) "owner" means a person that owns a civil aircraft, aircraft engine, or propeller.
(3) "secured party" means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.
(b) Liability.—A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage on land or water only when a civil aircraft, aircraft engine, or propeller is in the actual possession or control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of—
(1) the aircraft, engine, or propeller; or
(2) the flight of, or an object falling from, the aircraft, engine, or propeller.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
44112 | 49 App.:1404. | Aug. 23, 1958, Pub. L. 85–726, §504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, §2, 73 Stat. 180. |
In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words "bona fide" are omitted as surplus. In clause (3), the word "nature" is omitted as surplus.
In subsection (b), before clause (1), the words "personal injury, death" are substituted for "any injury to or death of persons", and the words "on land or water" are substituted for "on the surface of the earth (whether on land or water)", to eliminate unnecessary words. In clause (2), the words "ascent, descent, or" and "dropping or" are omitted as surplus.
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