This part may be cited as the Uniform Aircraft Financial Responsibility Act.
Aircraft Financial Responsibility ActGeneral Provisions and Definitions
Section § 24230
This section simply states the official name for a set of rules concerning financial responsibilities related to aircraft. It's known as the Uniform Aircraft Financial Responsibility Act.
Uniform Aircraft Financial Responsibility Act aircraft financial responsibility aviation insurance requirements
Section § 24231
This section emphasizes that its main goal is to ensure that the laws in states that adopt it are consistent and uniform. The idea is to interpret this part in a way that aligns with other states enacting similar laws.
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.
uniform laws interpretation law consistency
Section § 24232
This law section says that, unless a different interpretation is needed, the definitions and general rules mentioned in this chapter should be used to understand and interpret this part of the law.
Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
interpretation general rules definitions
Section § 24233
In this law section, 'Department' refers to the Department of Aeronautics, which is part of the Business and Transportation Agency.
“Department” means the Department of Aeronautics in the Business and Transportation Agency.
Department of Aeronautics Business and Transportation Agency definition of Department
Section § 24234
This section defines 'aircraft' as any device, whether it exists now or is invented in the future, that is used or intended for flying or navigating through the air.
“Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
aircraft definition flight devices air navigation
Section § 24235
In this law, a "judgment" is a final decision by a court that can't be appealed anymore. This decision involves damages related to aircraft incidents, such as injuries or property damage due to the aircraft's ownership or use. It might also refer to settlements agreed upon for these damages.
“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.
final judgment court decision appeal expiration
Section § 24236
This law defines an "operator" as anyone who has direct, physical control over an aircraft.
“Operator” means any person who is exercising actual physical control of an aircraft.
aircraft operator physical control of aircraft aviation terms
Section § 24237
This section defines who is considered an 'owner' of an aircraft. It includes anyone with legal responsibility for the aircraft, such as the person who has the legal title, a person leasing the aircraft, or individuals with conditional or secured interests in the aircraft like trustees or mortgage holders.
“Owner” means any of the following persons who may be legally responsible for the operation of an aircraft:
(a)CA Public Utilities Code § 24237(a) A person who holds the legal title to an aircraft.
(b)CA Public Utilities Code § 24237(b) A lessee of an aircraft.
(c)CA Public Utilities Code § 24237(c) A conditional vendee, a trustee under a trust receipt and a mortgager or other person holding an aircraft subject to a security interest.
aircraft owner legal title holder aircraft lessee
Section § 24238
This law defines 'passenger' as anyone who gets on, rides in, or gets off an aircraft.
“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.
passenger definition aircraft boarding
Section § 24239
This law defines the term "person" to include a wide range of entities, such as individuals, businesses, partnerships, associations, and corporations, whether public or private. It also includes successors and those legally representing them.
“Person” means any individual, firm, copartnership, association or corporation, public or private, including his or its successors, assignees or legal representatives.
individual firm copartnership
Section § 24240
This section defines 'notification' as a written notice given to someone by either handing it to them in person by an adult not involved in the related proceedings or sending it through registered mail to their last known address on record.
“Notification” means notice in writing served upon a person by either:
(a)CA Public Utilities Code § 24240(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)CA Public Utilities Code § 24240(b) Registered mail addressed to the person at the last address known to the division.
notification definition written notice actual delivery
Section § 24241
This section defines the term "State" to include not just the individual states within the United States, but also the District of Columbia, U.S. territories and possessions, and Puerto Rico.
“State” means any state, the District of Columbia, any territory or possession of the United States and the Commonwealth of Puerto Rico.
definition of state District of Columbia U.S. territories
Section § 24242
This section defines 'claimants' as people who have a claim for damages because of an aircraft accident that occurred in California.
“Claimants” means any person having a claim for damages as the result of an accident within this state involving an aircraft.
claimant definition damages aircraft accident
Section § 24243
This law explains situations where certain rules do not apply to specific types of aircraft. It excludes aircraft controlled by the U.S. government or its agencies, as well as those controlled by state governments or foreign countries. It also doesn't apply to commercial air operators regulated under specific codes, or operators with adequate insurance and who report accidents as required.
This part does not apply to:
(a)CA Public Utilities Code § 24243(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)CA Public Utilities Code § 24243(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)CA Public Utilities Code § 24243(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)CA Public Utilities Code § 24243(d) Any commercial air operator subject to Chapter 9 (commencing with Section 5500) of Division 2.
(e)CA Public Utilities Code § 24243(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)CA Public Utilities Code § 24243(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.
aircraft exemption federal government aircraft state government aircraft
Section § 24244
This law states that any accidents that happened before this law took effect are not covered by its rules.
This part shall not apply with respect to any accident occurring prior to the effective date of this part.
accident exclusion prior accidents effective date
Section § 24245
This section clarifies that parties involved in legal actions or proceedings can use other legal processes available by law, in addition to those outlined in this part. It also specifies that the department can seek help from the courts, such as through injunctions, to enforce 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.
legal actions court injunctions enforcement processes
Section § 24246
Even if someone declares bankruptcy, they still have to comply with all the rules and obligations set out in this part of the law.
A discharge in bankruptcy shall not relieve any person from the requirements of this part.
discharge in bankruptcy compliance requirements bankruptcy impact
