HB 161: "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date."
00HOUSE BILL NO. 161 01 "An Act relating to civil liability for guest passengers on an aircraft or 02 watercraft; and 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 06 GUEST PASSENGERS. (a) An owner or operator of an aircraft or watercraft is not 07 liable for the civil damages of a person being transported in the owner's or operator's 08 aircraft or watercraft if the owner or operator is not being compensated for the 09 transportation. In this subsection, "compensated" means substantial payment in money, 10 services, or materials, but does 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 has 06 insurance that would compensate the claimant for civil damages awarded against the 07 owner or operator; an owner or operator who is insured as described in this paragraph 08 is not liable for civil damages described in (a) of this section that exceed the applicable 09 insurance. 10 * Sec. 2. This Act applies to a cause of action that accrues on or after the effective date 11 of this Act. 12 * Sec. 3. This Act takes effect July 1, 1995.