SB 98: "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date."
00 SENATE BILL NO. 98 01 "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65 is amended by adding a new section to read: 05 Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers. 06 (a) An owner or operator of an aircraft or watercraft is not liable for the civil damages 07 of a person being transported in the owner's or operator's aircraft or watercraft if the 08 owner or operator is not being compensated for the transportation. In this subsection, 09 "compensated" means a substantial payment in money, services, or materials, but does 10 not include a token payment. 11 (b) This section does not apply to a civil action 12 (1) for damages resulting from 13 (A) gross negligence or reckless or intentional misconduct; 14 (B) an act or omission of an owner or operator of an aircraft or
01 watercraft who is a common carrier; or 02 (C) an act or omission of an owner or operator of an aircraft or 03 watercraft that occurs while demonstrating an aircraft or watercraft to a 04 prospective buyer; or 05 (2) described under (a) of this section if the owner or operator 06 (A) has insurance that would compensate the claimant for civil 07 damages awarded against the owner or operator; an owner or operator who is 08 insured as described in this subparagraph is not liable for civil damages 09 described in (a) of this section that exceed the applicable insurance; or 10 (B) does not have insurance that would compensate a person 11 being transported as described under (a) of this section for civil damages 12 awarded against the owner or operator and, before the person being transported 13 enters the aircraft or watercraft, the owner or operator fails to provide notice to 14 the person being transported that the owner or operator is uninsured as 15 described in this subparagraph. 16 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. This Act applies to causes of action that accrue on or after the 19 effective date of this Act. 20 * Sec. 3. This Act takes effect July 1, 2003.