BACK TO AVIATION LAW

What does “general aviation” mean?

General aviation includes almost all civilian uses of aircraft. Aircraft operated by (a) the military or (b) the major airlines, which move passengers or cargo, are usually not included. Even though general aviation refers to civilian aircraft, most of the examples we immediately might think of (i.e. – travel on the major airlines) are not considered ‘general aviation’: they are commercial aircraft operations controlled by a common carrier. The key concept is the civilian control for personal or business reasons other than commercial air use.

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What are the various insurance requirements for an owner of a general aviation aircraft?

The basic rule is that insurance is required in general aviation, and proof of that insurance has to be carried in the plane. In addition to having proof, one must have the correct amount of insurance for the planned flight or equipment. This is determined based on the aircraft’s categorization (e.g. – maximum takeoff weight [MTOW]). Meeting all current requirements for flying a particular plane, including medical requirements and instrument ratings, licensing, logged flight time, etc. can all affect insurance. That said, a fairly typical liability-only (domestic) US insurance general aviation aircraft policy will provide $100,000 of coverage per passenger/injury.

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What is a “Statute of Repose” as it relates to aviation lawsuits?

There are specific rules to be followed when suing or being sued in the context of aviation litigation. A ‘Statute of Repose’ (SOR) can limit the time a lawsuit may be filed, with regard to how long an airplane or airplane part has been in service. SORs are different from a statute of limitations, which are also time limitations on bringing a lawsuit. An SOR often eliminates the most important evidence of negligence or airplane defects, which can be critical to victory in an aviation lawsuit.

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