Sec. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## 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 Administration, 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 part A of subtitle VII of title 49, United States Code, 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).