Sec. 15-105. Security and suspension requirements. Exceptions. Waiver. Modification.
Sec. 15-105. Security and suspension requirements. Exceptions. Waiver.
Modification. (a) As promptly as practicable but not later than thirty days after receipt
of an accident report as required in section 15-104, the commissioner shall determine
by an order entered of record (1) the amount of security within the limits specified in
section 15-106, which he deems sufficient to satisfy any judgment for damages resulting
from the accident which may be recovered against each owner or operator, and (2) the
name and address of each claimant.
(b) As promptly as practicable but not later than thirty days after the entry of the
order required by subsection (a) of this section, the commissioner, unless there is deposited for the benefit of the owner or operator or both, as the case may be, security in the
sum so determined by the commissioner, upon ten days' notification shall suspend: (1)
The operating privilege of the owner and of all aircraft owned by him; (2) the operating
privilege of the operator.
(c) The requirements as to security and suspension do not apply: (1) To the operator
or the owner of the aircraft if the commissioner determines upon satisfactory evidence
that he is not charged with responsibility for the accident by the claimants, or to the
operator of an aircraft involved in an accident in which no injury was caused to the
person of anyone other than the operator, and no damage in excess of three hundred
dollars was caused to property not owned, rented, occupied or used by such operator
nor in his care, custody or control nor carried in or on the aircraft; (2) to the operator
or owner of an aircraft if at the time of the accident the aircraft was stationary, without
passengers thereon or boarding the aircraft or alighting therefrom and the aircraft was
parked in an area legally used for aircraft parking with no engine running nor in the
process of being started; (3) to the owner of an aircraft if at the time of the accident the
aircraft was being operated, or was parked, without his permission, express or implied;
(4) to the owner if there is in effect at the time of the accident an aircraft liability policy
or bond with respect to the aircraft involved in the accident; (5) to the operator, if not
the owner of the aircraft, if there is in effect at the time of the accident an aircraft liability
policy or bond with respect to his operation of the aircraft involved in the accident; (6)
to the operator or owner if his liability for damages resulting from such accident is
covered by any other form of liability insurance policy or bond in effect at the time of
the accident; (7) to any person qualifying as a self-insurer under section 15-108, or to
any person operating an aircraft for the self-insurer for whose acts the self-insurer is
legally responsible; nor (8) after there is filed with the commissioner satisfactory evidence that the person otherwise required to deposit security has (i) been released from
liability; or (ii) been adjudicated not to be liable by judgment, or (iii) executed a written
agreement with all claimants providing for payment of an agreed amount with respect
to all claims for injuries or damages resulting from the accident.
(d) The requirements as to suspension may be waived by the commissioner, in his
discretion, if there is filed with the commissioner by all claimants consent in writing
that the person hereunder chargeable be allowed continuing operating privilege. If such
waiver is granted by the commissioner, it shall continue for six months from the date
of the consent and thereafter unless the consent is revoked in writing.
(e) The commissioner may take the actions authorized hereby or may modify or
rescind the same at any time necessary to carry out the provisions of this chapter upon
ten days' notification of the persons affected thereby.
(1959, P.A. 488, S. 4; 1969, P.A. 768, S. 197; 1972, P.A. 207, S. 6.)
History: 1969 act replaced "department", referring to aeronautics department, with "commissioner", referring to commissioner of transportation; 1972 act removed provisions distinguishing between resident and nonresident owners in
Subdivs. (2) and (3) of Subsec. (b), deleted Subdiv. (1) and renumbered (2) and (3) accordingly.