Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1092
AN ACT to amend the Indiana Code concerning transportation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-21-3-1, AS AMENDED BY P.L.136-2018,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The following words and phrases
when used in this chapter shall, for the purpose of this chapter, unless
a different meaning appears from the context, have the following
meanings:
(1) The singular shall include the plural; the masculine shall
include the feminine and neuter, as requisite.
(2) "Aircraft" means any contrivance used or designed for
navigation of or flight in the air.
(3) "Aircraft accident" means any mishap involving an aircraft
resulting in injury or damage to such aircraft or to any person,
property, or thing.
(4) "Department" refers to the Indiana department of
transportation; and "state" or "this state" means the state of
Indiana.
(5) "Guest" means any person who rides in an aircraft for which
no charge is made for such ride or flight.
(6) (5) "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.
(7) (6) "Judgment" means any judgment, except a judgment
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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.
(8) (7) "Operation of aircraft" or "operate aircraft" means the use
of aircraft for the purpose of air navigation, and includes the
navigation or piloting of aircraft. Any person who causes or
authorizes the operation of aircraft, whether with or without the
right of legal control (in the capacity of owner, lessee, aircraft
sales broker, or otherwise) of the aircraft, including an aircraft
otherwise considered inventory, if it is operated in flight, shall be
deemed to be engaged in the operation of aircraft within the
meaning of the statutes of this state.
(9) (8) "Operator" means any person who is in actual physical
control of an aircraft.
(10) (9) "Owner" means any person in whose name the aircraft is
certificated, licensed, or registered by appropriate federal or state
authority.
(11) "Passenger" means any person:
(A) in, on or boarding an aircraft for the purpose of riding in
the aircraft; or
(B) alighting from the aircraft following a flight or attempted
flight of the aircraft.
(12) (10) "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.
(13) (11) "Policy" or "insurance policy" means an aircraft liability
policy conforming to section 12 of this chapter.
(14) (12) "Proof of financial responsibility" has the meaning set
forth in section 8 of this chapter.
SECTION 2. IC 8-21-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Any person who, while
operating any aircraft, shall have been involved in any aircraft accident
in this state resulting in bodily injury or death, or in damage to property
of another in excess of one hundred seven thousand five hundred
dollars ($100) ($7,500) or the owner of such aircraft, shall within ten
(10) days following such aircraft accident report the same to the
department. Aircraft accident reports, as herein required, shall be
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submitted in such form as the department may prescribe.
(b) A report of an aircraft accident under this section must
include the following information:
(1) Name of the operator of the aircraft.
(2) Name of the owner of the aircraft.
(3) Means of financial responsibility and financial assurance.
(4) Date of the accident.
(5) Location of the accident.
(6) Federal Aviation Administration registration number.
(c) The owner or operator of an aircraft shall, upon request,
provide the information required in subsection (b) to a damaged or
injured party or a damaged or injured party's representative.
SECTION 3. IC 8-21-3-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: 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 seven thousand five hundred dollars ($100), ($7,500), or, in
the discretion of the department, the owner of such aircraft, or both,
secured security 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 the injured person's 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.
SECTION 4. IC 8-21-3-5 IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2024]: Sec. 5. If the person required to furnish
proof of financial responsibility in the future or if the person required
to furnish financial security under this chapter, neglects or refuses to
comply with such requirements, the department, the attorney general
or the prosecuting attorney of the county in which such party resides,
may, in accordance with the laws of the state of Indiana governing
injunctions, maintain an action in the name of the state of Indiana to
enjoin such person neglecting or refusing to comply with the financial
responsibility or security requirements of this chapter from engaging
in the operation of any aircraft or causing to be operated any aircraft
within this state until such person has complied with such requirements
or until such person has, by final judicial determination, been proved
not legally liable for, or has been released from all liability for damages
resulting from such aircraft accident.
SECTION 5. IC 8-21-3-6, AS AMENDED BY P.L.136-2018,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Security furnished in
compliance with the requirements of this chapter shall be placed by the
department in the custody of the treasurer of state and shall be
applicable only to the payment of a judgment or claimant settlement
agreement against the depositor for damages arising out of the
accident in question in an action at law in a court of this state begun not
later than one (1) year after the date of such accident or, upon
assignment of the depositor. All such payments made out of the
deposited security shall be made as follows: subject to proration by
court order or claimant settlement agreement if there is more than
one (1) claimant.
(1) Payment shall first be made to each of the judgment creditors
in the order of judgment entry and to each of the claimants who
have agreed to settle their claims, whose damages were evaluated
by the department, in an amount not greater than the amount fixed
in their respective evaluations.
(2) Whenever the department shall be given evidence, satisfactory
to it, that the amounts of all claims for damages against the
depositor arising out of such accident are fixed, either by
judgment or settlement agreement, payment shall be made out of
any balance remaining after the first distribution to each of those
persons whose judgments or settlement amounts have not been
fully paid but whose damages were evaluated by the department,
in proportion to the amounts of their respective evaluations unless
there is a sufficient amount to make payment in full.
(3) Any balance remaining after the first and second distributions
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are completed shall be paid to those judgment creditors and those
claimants who have agreed to settle their claims but whose
damages were not evaluated, in proportion to the amounts of their
respective judgments or settlement amounts unless there is a
sufficient amount to make payment in full.
Such deposit, or any balance of the amount deposited, shall be returned
to the depositor or the depositor's personal representative whenever
after the expiration of such year the department shall be given
evidence, satisfactory to it, that there is no such judgment unsatisfied
and that there is no pending action against the depositor for damages
arising out of such accident.
(b) Neither the action taken by the department pursuant to this
chapter, the findings, if any, of the department upon which such action
is based, nor the security filed by the owner or operator as provided in
this chapter shall be referred to in any way, nor be any evidence of the
negligence or due care of either party at the trial of any action at law to
recover damages.
(c) In lieu of deposit of security when required pursuant to this
chapter the aircraft owner or operator may, if the person who has
sustained bodily injury, including death, or damage to the person's
property or the person's legal representative consents, effect and deliver
a consent judgment or release for such amount and payable when and
in such installments as the judgment creditor or claimant may agree to.
In the event the judgment debtor fails to pay any installment as agreed,
then upon notice of such default, the department, the attorney general
or the prosecuting attorney may pursuant to section 5 of this chapter
maintain an action to enjoin such person from engaging in the
operation of any aircraft or causing to be operated any aircraft within
this state until such judgment is appropriately satisfied as required
under this chapter.
(d) Information regarding security taken under this section shall be
available to the person injured or the representative of any person
killed and their duly authorized agents or attorney.
SECTION 6. IC 8-21-3-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The provisions of this chapter
shall apply to any person who is not a resident of this state under the
same circumstances as they would apply to a resident, and, in such
event, such a nonresident shall not operate any aircraft in this state nor
shall any aircraft owned by him the nonresident be operated in this
state, unless and until such nonresident, or the owner of the aircraft, if
another person, has complied with the requirements of this chapter with
respect to security and proof of financial responsibility covering such
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aircraft.
(b) The operation by a nonresident, or by his the nonresident's duly
authorized agent, of an aircraft in this state shall be deemed equivalent
to an appointment by such nonresident of the secretary of state, or his
the secretary of state's successor in office, to be his the nonresident's
true and lawful attorney upon whom may be served all lawful processes
in any action or proceeding against him, the nonresident, growing out
of any aircraft accident in which such nonresident may be involved
while so operating or so permitting to be operated an aircraft in this
state, and such operation shall be signification of his the nonresident's
agreement that any such process against him, the nonresident, which
is so served, shall be of the same legal force and validity as if served
upon him the nonresident personally. Such action may be filed in the
county of the residence of the plaintiff or in the county where the
accident occurred, at the election of the plaintiff, and service of such
process shall be made by leaving a copy thereof, with a the fee of two
dollars ($2), set forth in IC 23-0.5-9-56, for such defendant to be
served, with the secretary of state, or in his the secretary of state's
office, and such service shall be sufficient service upon such
nonresident, provided that notice of such service and a copy of the
process are forthwith sent by registered mail to the defendant and the
defendant's return receipt is appended to the original process and filed
therewith in the court. In the event that the defendant refuses to accept
or claim such registered mail, then such registered mail shall be
returned by the secretary of state to the plaintiff or to his the plaintiff's
attorney, and the same shall be appended to the original process,
together with an affidavit of the plaintiff or of his the plaintiff's
attorney or agent to the effect that such summons was delivered to the
secretary of state, together with a the fee of two dollars ($2), set forth
in IC 23-0.5-9-56, and was thereafter returned unclaimed by the
postoffice department, and such affidavit, together with the returned
affidavit including said summons, shall be considered sufficient service
upon such nonresident defendant. The court in which the action is
brought may order such continuances as may be reasonable to afford
the defendant opportunity to defend the action.
(c) No insurance policy or bond shall be effective under section 4
of this chapter in the case of an aircraft owned or operated by a
nonresident in this state at the time of the accident or at the effective
date of the policy or bond, or the most recent renewal thereof, unless
the insurance company or surety company, if not authorized to do
business in this state, shall execute a power of attorney authorizing the
secretary of state to accept service on its behalf of notice or process in
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any action upon such policy or bond arising out of such accident.
SECTION 7. IC 8-21-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) Proof of
financial responsibility may be made by filing with the department the
written certificate or certificates of any insurance carrier certifying that
it has issued to or for the benefit of the person furnishing such proof
and named as the insured or additional insured, an aircraft liability
policy or policies meeting the requirements of this chapter, and such
other information as the department may require.
(b) When the person required to give proof of financial
responsibility, is not the owner of an aircraft, then an operator's policy
of liability insurance as defined in this chapter shall be sufficient proof
of financial responsibility.
SECTION 8. IC 8-21-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. An aircraft liability
policy as said term is used in this chapter, shall mean an owner's policy
of liability insurance or an operator's policy of liability insurance for
which a certificate has been filed with the department by an insurance
carrier authorized to do business in this state pursuant to the insurance
laws of this state for the benefit of the person named therein as insured
or additional insured; which policy shall contain the terms, conditions
and provisions required by the laws of this state and with sufficient
liability coverage to meet the security and proof of financial
responsibility requirements established within the purview of section
4 of this chapter and pursuant to this chapter by the department as a
result of an aircraft accident occurring within this state and shall be
approved by the insurance commissioner of the state of Indiana.
SECTION 9. IC 8-21-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. An insurance
carrier which has issued an aircraft liability policy or policies meeting
the requirements of this chapter shall, upon request of the named
insured or additional insured, deliver to such insured or additional
insured for filing or at the request of such insured or additional
insured shall file direct with the department, an appropriate certificate
showing that such policy or policies have been issued, which certificate
shall meet the requirements of this chapter. The issuance of a
certificate to serve as proof of financial responsibility under this
chapter shall be conclusive evidence that every aircraft liability policy
therein cited conforms to all the requirements of this chapter.
SECTION 10. IC 8-21-3-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. A person who fails
to submit an accident report to the department or to a damaged or
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injured party or a damaged or injured party's representative as
provided in section 3 of this chapter commits a Class C infraction.
HEA 1092 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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