Sec. 4. (a) The department may require, within not less than ten (10) days nor more than sixty (60) days after an aircraft accident from any person, who, while operating any aircraft shall have been involved in any aircraft accident resulting in bodily injury or death to any person other than a guest passenger of such aircraft or in damage to property of another, other than property owned, rented, occupied, or used by, or in the care, custody or control of the owner or operator or carried in or on the aircraft, in excess of one hundred dollars ($100), or, in the discretion of the department, the owner of such aircraft, or both, secured sufficient in the discretion of the department to indemnify the injured party against loss and guarantee the payment and satisfaction of any judgment or judgments for damages resulting from such accident as may be recovered against such owner or operator by or on behalf of the injured person or his legal representative, and in addition thereto, the department may require such operator, or in the department’s discretion, the owner of such aircraft, or both, to file proof of financial responsibility for a period of one (1) year following the date of the accident: Provided, however, that if such owner operator shall satisfy the department that the liability, if any, for damages resulting from such accident is insured by an insurance policy or bond, the department shall not require security from such owner operator.

     (b) Such security, where ordered, shall be in such form and in such amount as the department may require, but in no case in excess of the amount of proof required by section 8 of this chapter. The department may modify the amount of security ordered in any case, if after further investigation it shall determine that the amount ordered is improper.

Formerly: Acts 1951, c.267, s.4; Acts 1953, c.85, s.3. As amended by Acts 1980, P.L.74, SEC.319.

Terms Used In Indiana Code 8-21-3-4

  • Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Indiana Code 8-21-3-1
  • Aircraft accident: means any mishap involving an aircraft resulting in injury or damage to such aircraft or to any person, property, or thing. See Indiana Code 8-21-3-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: refers to the Indiana department of transportation; and "state" or "this state" means the state of Indiana. See Indiana Code 8-21-3-1
  • Guest: means any person who rides in an aircraft for which no charge is made for such ride or flight. See Indiana Code 8-21-3-1
  • insurance policy: means an aircraft liability policy conforming to section 12 of this chapter. See Indiana Code 8-21-3-1
  • Insured: means the person in whose name there is issued an aircraft liability policy (as defined in section 12 of this chapter) and any other person insured under the terms of such policy. See Indiana Code 8-21-3-1
  • Judgment: means any judgment, except a judgment rendered against this state or any political subdivision of this state or any municipality in this state, which shall have become final by expiration without appeal of the time within which appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States. See Indiana Code 8-21-3-1
  • Operator: means any person who is in actual physical control of an aircraft. See Indiana Code 8-21-3-1
  • Owner: means any person in whose name the aircraft is certificated, licensed, or registered by appropriate federal or state authority. See Indiana Code 8-21-3-1
  • Passenger: means any person:

    Indiana Code 8-21-3-1

  • Person: means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of an entity described in this subdivision. See Indiana Code 8-21-3-1
  • Proof of financial responsibility: has the meaning set forth in section 8 of this chapter. See Indiana Code 8-21-3-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
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