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AB7887 Summary:

Add Art 47-A §§2240 - 2245, amd Title 11 Head, V & T L
Requires registration of general aviation aircrafts; aircrafts used for civil aviation; issuance of certificates of registration; proof of insurance.
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AB7887 Actions:

05/28/2019referred to transportation
01/08/2020referred to transportation
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AB7887 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      May 28, 2019
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Transportation
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          registration of general aviation aircrafts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  article 47-A to read as follows:
     3                                ARTICLE 47-A
     5  Section 2240. Jurisdiction of the department.
     6          2241. Definitions.
     7          2242. Registration.
     8          2243. Certificate of registration.
     9          2244. Proof of insurance.
    10          2245. Registration record.
    11    § 2240. Jurisdiction of the  department.  The  state  registration  of
    12  general aviation aircraft shall be under the jurisdiction of the depart-
    13  ment  of  transportation.  State registration is in addition, and not in
    14  place of, any registration requirements for  general  aviation  aircraft
    15  set out by the Federal Aviation Administration.
    16    §  2241.  Definitions.  For  the  purposes  of  this article, "general
    17  aviation aircraft"  shall  mean  an  aircraft  that  is  used  in  civil
    18  aviation,  other than commercial aircraft as defined in paragraph seven-
    19  teen of subdivision (b) of section eleven hundred one of  the  tax  law,
    20  military aircraft, unmanned aerial vehicles or drones.
    21    §  2242. Registration. 1. Prohibitions. No person residing in New York
    22  state shall  own  a  general  aviation  aircraft,  unless  such  general
    23  aviation  aircraft is registered, as evidenced by a registration certif-
    24  icate in accordance with the provisions of this article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7887                             2
     1    2. Issuance and period of validity. The commissioner is authorized  to
     2  register  a  general  aviation aircraft and issue a registration certif-
     3  icate. Unless otherwise prescribed by the commissioner, any such  regis-
     4  tration shall be valid for a period of three years unless, prior to such
     5  registration  date,  it  is surrendered, cancelled, revoked or suspended
     6  pursuant to the provisions of this  article,  or  the  general  aviation
     7  aircraft  is  transferred to another owner. At the end of such registra-
     8  tion period, the registration shall expire and the owner of the  general
     9  aviation aircraft shall reapply for the registration.
    10    3.  Application. The owner of each general aviation aircraft requiring
    11  registration under this article shall present an application for  regis-
    12  tration  to  the  commissioner  within  thirty days of becoming an owner
    13  thereof, on a form provided by the department on paper or online.   Such
    14  application shall contain the name of the owner, address of residence, a
    15  specific  description of the aircraft and identification number assigned
    16  by the Federal Aviation Administration, proof of insurance as  described
    17  under  this article, the primary location or locations where the general
    18  aviation aircraft will be stored and any other information  required  by
    19  the commissioner.
    20    4.  Change  of  address.  The  owner  of any general aviation aircraft
    21  registered pursuant to the provisions of this section shall  notify  the
    22  commissioner  in  writing of any change of address within ten days after
    23  such change occurs and the new address of such owner shall be  noted  on
    24  the certificate of registration for such general aviation aircraft.
    25    5.  Change  of  ownership.  Upon  the change in ownership of a general
    26  aviation aircraft registered pursuant to this section, unless  otherwise
    27  provided by regulation of the commissioner, the certificate of registra-
    28  tion  shall  be  signed and dated by the former owner and surrendered to
    29  the commissioner. The commissioner  shall  be  notified  by  the  former
    30  owner,  in  a  manner  prescribed  by  the commissioner, of the name and
    31  address of the purchaser, the date  of  the  transfer  and  the  Federal
    32  Aviation Administration identification number.
    33    6.  Destruction,  theft,  loss  or  abandonment  of  general  aviation
    34  aircraft. The owner of any general aviation aircraft registered pursuant
    35  to the provisions of this section shall notify the commissioner in writ-
    36  ing of the destruction, theft,  loss  or  abandonment  of  such  general
    37  aviation  aircraft  within  fifteen days thereafter, and in the event of
    38  the loss, destruction or abandonment of such general aviation  aircraft,
    39  the certificate of registration shall be surrendered with such notice.
    40    § 2243. Certificate of registration. 1. Issuance. Upon the approval of
    41  an  application for registration, the commissioner shall issue a certif-
    42  icate of registration in such manner and form as the commissioner  shall
    43  prescribe.
    44    2. Certificate of registration. The certificate of registration issued
    45  by  the  commissioner  shall be available at all times for inspection on
    46  the general aviation aircraft for  which  it  is  issued  whenever  such
    47  aircraft  is  in operation, unless otherwise provided by a rule or regu-
    48  lation of the commissioner. Every person operating  a  general  aviation
    49  aircraft shall, upon the demand of any peace officer, federal officer or
    50  other  person  having  the  authority  to enforce the provisions of this
    51  chapter, produce the certificate of  registration  for  inspection.  The
    52  failure  to produce the certificate of registration, as provided herein,
    53  shall not be an offense, but shall be presumptive evidence of  operating
    54  a  general aviation aircraft which is not registered as required by this
    55  article.

        A. 7887                             3
     1    3. Expiration of  registration  certificate.  The  registered  owner's
     2  right to the registration certificate provided for in this section shall
     3  expire  upon  the termination of ownership of any person in the aircraft
     4  for which the same was issued.
     5    §  2244.  Proof  of insurance. 1. Coverage. (a) Every owner of general
     6  aviation aircraft in this state, upon applying for  registration,  shall
     7  supply  information  as detailed in paragraph (b) of this subdivision as
     8  proof that the general aviation aircraft during the period of its opera-
     9  tion is covered by an insurance policy within the  limits  of  not  less
    10  than  one hundred thousand dollars per passenger seat liability both for
    11  passenger bodily injury or death and for property damage; not less  than
    12  one hundred thousand dollars for bodily injury or death to each non-pas-
    13  senger  in  any  one  accident; and not less than three hundred thousand
    14  dollars per occurrence for bodily injury or death to  non-passengers  in
    15  any one accident.
    16    (b)  The information supplied to the commissioner must include, but is
    17  not limited to, the name and address of  the  owner,  the  name  of  the
    18  insurer,  the  insurance  policy  number,  the  term of coverage, policy
    19  limits and any other data the commissioner requires.
    20    2. Notification. In the event of cancellation of  aircraft  insurance,
    21  the  owner  shall notify the commissioner at least ten days prior to the
    22  date on which the insurance coverage is to be terminated.  Unless  proof
    23  of  a new policy of insurance is filed with the commissioner meeting the
    24  requirements of this  section,  the  registration  certificate  for  the
    25  aircraft shall be revoked therewith.
    26    3.  Exemption  from insurance requirement. Nothing in this subdivision
    27  shall be construed to require  an  owner  of  an  aircraft  to  maintain
    28  passenger  seat liability coverage on aircraft for which an experimental
    29  certificate has been issued by the administrator of the Federal Aviation
    30  Administration pursuant to Code of Federal Regulations, title 14,  where
    31  under  persons  operating  the  aircraft  are  prohibited  from carrying
    32  passengers in the aircraft. Whenever the aircraft becomes  certified  to
    33  carry passengers, passenger seat liability coverage shall be required as
    34  provided by this section.
    35    §  2245.  Registration record. Upon the issuance of registration for a
    36  general aviation aircraft, as provided in this article, the commissioner
    37  shall enter upon the records of the department the registration of  such
    38  general aviation aircraft.
    39    §  2. The title heading of title 11 of the vehicle and traffic law, as
    40  amended by chapter 869 of the laws  of  1976,  is  amended  to  read  as
    41  follows:
    43                     MOTORBOATS AND LIMITED USE VEHICLES
    44    §  3.  This  act shall take effect on the ninetieth day after it shall
    45  have become a law. Effective immediately, the addition, amendment and/or
    46  repeal of any rule or regulation necessary  for  the  implementation  of
    47  this  act  on its effective date are authorized to be made and completed
    48  on or before such effective date.
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