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South Carolina Code 55-8-170. Appointment of agency as attorney for receiving process; service of process

South Carolina Code > Title 55 > Chapter 8 > § 55-8-170 - Appointment of agency as attorney for receiving process; service of process


Current as of: 2009

(a) The operation of an aircraft on the land or waters of or in the air over this State shall be deemed an appointment by the owner or operator of the Secretary of Commerce to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, arising from the ownership, maintenance, use or operation of such aircraft and resulting in damage or loss to person or property, and the use or operations shall be signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally, provided such person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State.

(b) Service of process shall be made by serving the original and a copy of the complaint together with a fee of two dollars upon the Secretary of Commerce of the South Carolina Department of Commerce and by mailing of a copy of such process and of the complaint by the plaintiff or his attorney to the defendant at his last known address, within five days thereafter by registered mail. In lieu of such mailing to defendant in a foreign state, plaintiff may cause a copy of the complaint and process to be served personally in the foreign state upon such defendant by any adult person not a party to the suit by actually delivering it to the defendant or by offering to make such delivery in case defendant refuses to accept delivery.

(c) Proof of service of process upon the Secretary of Commerce or proof of mailing or personal delivery to the defendant shall be made by the affidavit of the party doing the act, which shall be filed in the office of the clerk of court in which the suit is filed. Process shall be deemed to be completed upon the filing of such affidavit and of the original registry receipt issued by the post office upon the mailing of such registered letter, if service is obtained by mail.

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Questions & Answers: Aircraft

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See also:
South Carolina Code > Title 55 > Chapter 8 - Uniform Aircraft Financial Responsibility Act

Federal Regulations: Aircraft

CFR > Title 14 > Chapter I > Part 63 - Certification: Flight crewmembers other than pilots
CFR > Title 14 > Chapter I > Part 65 - Certification: Airmen other than flight crewmembers
CFR > Title 14 > Chapter I > Part 23 - Airworthiness standards: Normal, utility, acrobatic, and commuter category airplanes
CFR > Title 14 > Chapter I > Part 25 - Airworthiness standards: Transport category airplanes
CFR > Title 14 > Chapter I > Part 26 - Continued Airworthiness and Safety Improvements for Transport Category Airplanes
CFR > Title 14 > Chapter I > Part 27 - Airworthiness standards: Normal category rotorcraft
CFR > Title 14 > Chapter I > Part 101 - Moored balloons, kites, unmanned rockets and unmanned free balloons
CFR > Title 14 > Chapter I > Part 31 - Airworthiness standards: Manned free balloons
CFR > Title 14 > Chapter I > Part 103 - Ultralight vehicles
CFR > Title 14 > Chapter I > Part 33 - Airworthiness standards: Aircraft engines
CFR > Title 14 > Chapter I > Part 105 - Parachute Operations
CFR > Title 14 > Chapter I > Part 119 - Certification: Air carriers and commercial operators
CFR > Title 14 > Chapter I > Part 34 - Fuel venting and exhaust emission requirements for turbine engine powered airplanes
CFR > Title 14 > Chapter I > Part 121 - Operating requirements: Domestic, flag, and supplemental operations
CFR > Title 14 > Chapter I > Part 35 - Airworthiness standards: Propellers
CFR > Title 14 > Chapter I > Part 125 - Certification and operations: Airplanes having a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more; and rules governing persons on board such aircraft
CFR > Title 14 > Chapter I > Part 36 - Noise standards: Aircraft type and airworthiness certification
CFR > Title 14 > Chapter I > Part 129 - Operations: Foreign air carriers and foreign operators of U.S.-registered aircraft engaged in common carriage
CFR > Title 14 > Chapter I > Part 39 - Airworthiness directives
CFR > Title 14 > Chapter I > Part 43 - Maintenance, preventive maintenance, rebuilding, and alteration
CFR > Title 14 > Chapter I > Part 133 - Rotorcraft external-load operations
CFR > Title 14 > Chapter I > Part 45 - Identification and registration marking
CFR > Title 14 > Chapter I > Part 135 - Operating requirements: Commuter and on demand operations and rules governing persons on board such aircraft
CFR > Title 14 > Chapter I > Part 47 - Aircraft registration
CFR > Title 14 > Chapter I > Part 136 - Commericial air tours and National Parks air tour management
CFR > Title 14 > Chapter I > Part 49 - Recording of aircraft titles and security documents
CFR > Title 14 > Chapter II > Part 207 - Charter trips by U.S. scheduled air carriers
CFR > Title 14 > Chapter II > Part 208 - Charter trips by U.S. charter air carriers
CFR > Title 14 > Chapter II > Part 252 - Smoking aboard aircraft
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