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.
Structure Indiana Code
Title 8. Utilities and Transportation
Chapter 3. Aircraft Financial Responsibility Act
8-21-3-2. Proof of Financial Responsibility
8-21-3-5. Injunction of Operation of Aircraft
8-21-3-6. Payment From Security Deposit; Information Regarding Security
8-21-3-8. "Proof of Financial Responsibility"
8-21-3-10. Filing of Insurance Certificates
8-21-3-11. Default of Foreign Insurance Carrier
8-21-3-12. "Aircraft Liability Policy" Defined
8-21-3-13. Certificate of Issuance of Insurance Policy
8-21-3-14. Notice of Cancellation
8-21-3-15. Bond Giving Proof of Financial Responsibility
8-21-3-16. Deposit With Treasurer Giving Proof of Financial Responsibility
8-21-3-17. Substitution of Proof of Financial Responsibility
8-21-3-18. Inadequate Security; Requiring Alternative Security
8-21-3-19. Cancellation; Waiver of Proof of Financial Responsibility
8-21-3-19.5. Aircraft Rental; Notice of Insurance Coverage
8-21-3-20. Violations; Penalties
8-21-3-21. Construction of Chapter