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49 U.S.C. § 41112Liability insurance and financial responsibility

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 212 words · no verdicts yet

in plain englishAI-generated · not legal advice

Air carrier certificates require proof of liability insurance covering injury, death, or property damage from operating the aircraft, and the Secretary can also require a bond or similar security to guarantee refunds if promised transportation isn't provided.

(a) Liability Insurance: The Secretary of Transportation may only issue an air-carrier certificate under section 41102 if the citizen follows the Secretary's rules for filing an approved insurance policy or self-insurance plan. That policy or plan must be able to pay, up to its coverage limit, for bodily injury, death, or property damage to others caused by operating or maintaining the aircraft under the certificate. The certificate stops being valid if the carrier doesn't keep this insurance in place. (b) Financial Responsibility: To protect passengers and shippers, the Secretary may require a carrier to file a performance bond or similar security, in the amount and on the terms the Secretary sets, sufficient to make sure passengers and shippers get paid if the promised transportation isn't provided. The Secretary sets these payment amounts.
the actual law source: uscode.house.gov ↗public domain
(a)Liability Insurance.—

The Secretary of Transportation may issue a certificate to a citizen of the United States to provide air transportation as an air carrier under section 41102 of this title only if the citizen complies with regulations and orders of the Secretary governing the filing of an insurance policy or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A certificate does not remain in effect unless the carrier complies with this subsection.

(b)Financial Responsibility.—

To protect passengers and shippers using an aircraft operated by an air carrier issued a certificate under section 41102 of this title, the Secretary may require the carrier to file a performance bond or equivalent security in the amount and on terms the Secretary prescribes. The bond or security must be sufficient to ensure the carrier adequately will pay the passengers and shippers when the transportation the carrier agrees to provide is not provided. The Secretary shall prescribe the amounts to be paid under this subsection.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1126.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1126

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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