Administration - Aircraft Financial Responsibility Act - Public Utilities - CA

Section § 24250

This law states that the department is responsible for managing and enforcing the rules in this section, and it can create additional rules to help do this. However, it clearly specifies that the state cannot demand pilot licenses or aircraft registrations beyond what the federal government requires.

The department shall administer and enforce the provisions of this part and may make rules and regulations necessary for its administration.

Nothing in this part shall be construed as requiring any license for operators of aircraft other than that required by the federal government, or to permit any registration of aircraft by the state.

aircraft operators pilot licensing federal government requirements ...

Section § 24251

This law states that if someone's affected by a decision or action from the department, they can ask for a hearing. The department might pause its actions until the hearing occurs. These hearings follow specific procedures outlined in another law, and the department has the authority granted by those rules.

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 provide for a stay thereof until a hearing may be had. All hearings held under this part shall be conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the department shall have all of the powers granted therein.

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Section § 24252

If someone feels wronged by any rule, regulation, decision, or lack of action by the department, they can request a judicial review according to specific sections of the Government Code.

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 thereof as provided in Sections 11440 and 11523 of the Government Code.

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Section § 24253

This law states that records and proceedings from the department can't be used as evidence in civil or criminal trials. However, if someone might be legally affected, they can request information and materials that the department created while administering this part, as long as it aligns with the first rule.

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 criminal proceeding.

Subject to the foregoing provisions, the department shall, upon written request, make available to persons whose legal rights may be affected thereby, information and material developed in the course of its administration of this part.

inadmissible evidence department records civil action ...

Section § 24254

If you own or operate an aircraft in California and you're not a resident, the state considers that you've appointed the Department as a legal representative to accept legal paperwork for any lawsuits connected to your aircraft use.

This means someone can serve legal documents by leaving a copy with the Department in Sacramento, paying a $2 fee, and then mailing a copy to you at your last known address. If you're in another state, they can serve the documents directly to you there.

Proof that you've been served is then filed with the court, including an affidavit and any postal receipt, completing the service process.

(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 department to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, arising from the ownership, maintenance, use or operation of such aircraft and resulting in damage or loss to person or property, and said use or operation shall be signification of their agreement that any such process against him which is so served, shall be of the same legal force and validity as though served upon him personally; provided, such person is a nonresident of this state or at the time a cause of action arises is a resident of this state but subsequently becomes a nonresident of this state.

(b) Service of such process shall be made by leaving a copy of the summons and complaint with the department or in its office at Sacramento, together with a fee of two dollars ($2), and by the mailing of a copy of such summons and complaint by the plaintiff or his attorney to the defendant, and to each of the defendants if more than one at his last known address, within 10 days thereafter by registered mail. In lieu of such mailing to such defendant in a foreign state, plaintiff may cause a copy of the summons and complaint to be served personally in the foreign state upon such defendant by any adult person not a party to the suit, by actually delivering the same to such defendant or by offering to make such delivery in case defendant refuses to accept delivery.

(c) Proof of the service of such process upon the department, and proof of the mailing or personal delivery thereof to the defendant, shall be made by the affidavit or affidavits of the party or parties doing the acts, which shall be filed with the court from out of which such summons issued, within such time as the court may allow for the return of such summons. Process shall be deemed to be completed upon the filing of such affidavit or affidavits and of the original registry receipt issued by the post office upon the mailing of such registered letter, if service is obtained by mail.

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