15e6
S.1458
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Federal Aviation Act of 1958 to establish time
limitations on certain civil actions against aircraft manufacturers, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Aviation Revitalization Act
of 1994''.
SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT
MANUFACTURERS.
(a) In General.--Except as provided in subsection (b), no civil
action for damages for death or injury to persons or damage to property
arising out of an accident involving a general aviation aircraft may be
brought against the manufacturer of the aircraft or the manufacturer of
any new component, system, subassembly, or other part of the aircraft,
in its capacity as a manufacturer if the accident occurred--
(1) after the applicable limitation period beginning on--
(A) the date of delivery of the aircraft to its first
purchaser or lessee, if delivered directly from the
manufacturer; or
(B) the date of first delivery of the aircraft to a person
engaged in the business of selling or leasing such aircraft; or
(2) with respect to any new component, system, subassembly, or
other part which replaced another component, system, subassembly,
or other part originally in, or which was added to, the aircraft,
and which is alleged to have caused such death, injury, or damage,
after the applicable limitation period beginning on the date of
completion of the replacement or addition.
(b) Exceptions.--Subsection (a) does not apply--
(1) if the claimant pleads with specificity the facts necessary
to prove, and proves, that the manufacturer with respect to a type
certificate or airworthiness certificate for, or obligations with
respect to continuing airworthiness of, an aircraft or a component,
system, subassembly, or other part of an aircraft knowingly
misrepresented to the Federal Aviation Admin-
istration, or concealed or withheld from the Federal Aviation
Administration, required information that is material and relevant
to the performance or the maintenance or operation of such
aircraft, or the component, system, subassembly, or other part,
that is causally related to the harm which the claimant allegedly
suffered;
(2) if the person for whose injury or death the claim is being
made is a passenger for purposes of receiving treatment for a
medical or other emergency;
(3) if the person for whose injury or death the claim is being
made was not aboard the aircraft at the time of the accident; or
(4) to an action brought under a written warranty enforceable
under law but for the operation of this Act.
(c) General Aviation Aircraft Defined.--For the purposes of this
Act, the term ``general aviation aircraft'' means any aircraft for
which a type certificate or an airworthiness certificate has been
issued by the Administrator of the Federal Aviation Administration,
which, at the time such certificate was originally issued, had a
maximum seating capacity of fewer than 20 passengers, and which was
not, at the time of the accident, engaged in scheduled passenger-
carrying operations as defined under regulations in effect under the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.) at the time
of the accident.
(d) Relationship to Other Laws.--This section supersedes any State
law to the extent that such law permits a civil action described in
subsection (a) to be brought after the applicable limitation period for
such civil action established by subsection (a).
SEC. 3. OTHER DEFINITIONS.
For purposes of this Act--
(1) the term ``aircraft'' has the meaning given such term in
section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C.
1301(5));
(2) the term ``airworthiness certificate'' means an
airworthiness certificate issued under section 603(c) of the
Federal Aviation Act of 1958 (49 U.S.C. 1423(c)) or under any
predecessor Federal statute;
(3) the term ``limitation period'' means 18 years with respect
to general aviation aircraft and the components, systems,
subassemblies, and other parts of such aircraft; and
(4) the term ``type certificate'' means a type certificate
issued under section 603(a) of the Federal Aviation Act of 1958 (49
U.S.C. 1423(a)) or under any predecessor Federal statute.
SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Application of Act.--This Act shall not apply with respect to
civil actions commenced before the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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