Mass. Gen. Laws ch. 90, sec. 49D — MA Code / Part I / Title XIV / Chapter 90 / Section 49D
Accident reports; security; suspension of aircraft registration; waiver
Status: in_force

Section 49D. (a) Not later than thirty days after receipt of an accident report, the commission shall determine by an order entered of record (1) the amount of security within the limits specified in section forty-nine E, which it deems sufficient to satisfy any judgment for damages resulting from such accident which may be recovered against each owner or operator, and (2) the name and address of each claimant. (b) Not later than thirty days after the entry of the order required by subsection (a) the commission, unless there is deposited for the benefit of the owner or operator or both, security in the sum so determined by the commission, upon ten days' notice shall suspend:— (1) If the owner is a resident, the registration of the owner and the registration of all aircraft owned by him. (2) If the owner is a non-resident, the non-resident's operating privilege of the owner and of all aircraft owned by him. (3) The registration or non-resident's operating privilege of the operator. (c) The provisions of subsections (a) and (b) shall not apply:— (1) To the operator or the owner of the aircraft if the commission determines upon satisfactory evidence that he is not charged with responsibility for the accident by a claimant, or to the operator of an aircraft involved in an accident in which no injury was caused to the person of any one other than the operator, and no damage in excess of one hundred dollars was caused to property not owned, rented, occupied or used by such operator nor in his care, custody or control nor carried in or on the aircraft. (2) To the operator or owner of an aircraft if at the time of the accident the aircraft was stationary, without passengers thereon or boarding the aircraft or alighting therefrom, and the aircraft was parked in an area legally used for aircraft parking with no engine running nor in the process of being started. (3) To the owner of an aircraft if at the time of the accident the aircraft was being operated, or was parked, without his permission, express or implied. (4) To the owner if there is in effect at the time of the accident an aircraft liability policy or bond with respect to the aircraft involved in the accident. (5) To the operator, if not the owner of the aircraft, if there is in effect at the time of the accident an aircraft liability policy or bond with respect to his operation of the aircraft involved in the accident. (6) To the operator or owner if his liability for damages resulting from such accident is covered by any other form of liability insurance policy or bond in effect at the time of the accident. (7) To any person qualifying as a self-insurer under section forty-nine G, or to any person operating an aircraft for the self-insurer for whose acts the self-insurer is legally responsible; nor (8) After there is filed with the commission satisfactory evidence that the person otherwise required to deposit security has been released from liability, or been adjudicated not to be liable by judgment, or executed a written agreement with all claimants providing for payment of an agreed amount with respect to all claims for injuries or damages resulting from the accident. (d) The provisions of subsection (b) may be waived by the commission, in its discretion, if there is filed with the commission by all claimants consent in writing that the person chargeable be allowed continuing operating privilege. If such waiver is granted by the commission, it shall continue for six months from the date of the consent and thereafter unless the consent is revoked in writing. (e) The commission may take the action authorized hereby or may modify or rescind the same at any time necessary to carry out the provisions of sections forty-nine B to forty-nine R, inclusive, upon ten days' notice of the persons affected thereby.

Section 49D. (a) Not later than thirty days after receipt of an accident report, the commission shall determine by an order entered of record (1) the amount of security within the limits specified in section forty-nine E, which it deems sufficient to satisfy any judgment for damages resulting from such accident which may be recovered against each owner or operator, and (2) the name and address of each claimant.

(b) Not later than thirty days after the entry of the order required by subsection (a) the commission, unless there is deposited for the benefit of the owner or operator or both, security in the sum so determined by the commission, upon ten days' notice shall suspend:—

(1) If the owner is a resident, the registration of the owner and the registration of all aircraft owned by him.

(2) If the owner is a non-resident, the non-resident's operating privilege of the owner and of all aircraft owned by him.

(3) The registration or non-resident's operating privilege of the operator.

(c) The provisions of subsections (a) and (b) shall not apply:—

(1) To the operator or the owner of the aircraft if the commission determines upon satisfactory evidence that he is not charged with responsibility for the accident by a claimant, or to the operator of an aircraft involved in an accident in which no injury was caused to the person of any one other than the operator, and no damage in excess of one hundred dollars was caused to property not owned, rented, occupied or used by such operator nor in his care, custody or control nor carried in or on the aircraft.

(2) To the operator or owner of an aircraft if at the time of the accident the aircraft was stationary, without passengers thereon or boarding the aircraft or alighting therefrom, and the aircraft was parked in an area legally used for aircraft parking with no engine running nor in the process of being started.

(3) To the owner of an aircraft if at the time of the accident the aircraft was being operated, or was parked, without his permission, express or implied.

(4) To the owner if there is in effect at the time of the accident an aircraft liability policy or bond with respect to the aircraft involved in the accident.

(5) To the operator, if not the owner of the aircraft, if there is in effect at the time of the accident an aircraft liability policy or bond with respect to his operation of the aircraft involved in the accident.

(6) To the operator or owner if his liability for damages resulting from such accident is covered by any other form of liability insurance policy or bond in effect at the time of the accident.

(7) To any person qualifying as a self-insurer under section forty-nine G, or to any person operating an aircraft for the self-insurer for whose acts the self-insurer is legally responsible; nor

(8) After there is filed with the commission satisfactory evidence that the person otherwise required to deposit security has been released from liability, or been adjudicated not to be liable by judgment, or executed a written agreement with all claimants providing for payment of an agreed amount with respect to all claims for injuries or damages resulting from the accident.

(d) The provisions of subsection (b) may be waived by the commission, in its discretion, if there is filed with the commission by all claimants consent in writing that the person chargeable be allowed continuing operating privilege. If such waiver is granted by the commission, it shall continue for six months from the date of the consent and thereafter unless the consent is revoked in writing.

(e) The commission may take the action authorized hereby or may modify or rescind the same at any time necessary to carry out the provisions of sections forty-nine B to forty-nine R, inclusive, upon ten days' notice of the persons affected thereby.