FAA 14 CFR PART 205-2011 AIRCRAFT ACCIDENT LIABILITY INSURANCE《航空事故责任保险》.pdf

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1、17 Office of the Secretary, DOT Pt. 205 the Secretary, U.S. Department of Transportation, Washington, DC 20590. (Approved by the Office of Management and Budget under control number 21060023) Docket No. 47582, 57 FR 38766, Aug. 27, 1992, as amended at 72 FR 20036, Apr. 23, 2007 204.6 Certificated an

2、d commuter air carriers proposing a change in op-erations, ownership, or manage-ment which is not substantial. Carriers proposing to make a change which would not substantially affect their operations, management, or own-ership, such as certificated carriers ap-plying for additional authority which

3、would not substantially change their operations, will be presumed to be fit and need not file any information re-lating to their fitness at time of the change. However, if the Department concludes, from its own analysis or based on information submitted by third parties, that such change may bring t

4、he carriers fitness into ques-tion, the Department may require the applicant carrier to file additional in-formation. 204.7 Revocation for dormancy. (a) An air carrier that has not com-menced any type of air transportation operations for which it was found fit, willing, and able within one year of t

5、he date of that finding, or an air carrier that, for any period of one year after the date of such a finding, has not pro-vided any type of air transportation for which that kind of finding is required, is deemed no longer to continue to be fit to provide the air transportation for which it was foun

6、d fit and, accordingly, its authority to provide such air trans-portation shall be revoked. (b) An air carrier found fit which commences operations within one year after being found fit but then ceases operations, shall not resume operations without first filing all of the data re-quired by 204.3 at

7、 least 45 days before it intends to provide any such air transportation. Such filings shall be addressed to the Documentary Services Division, Department of Transpor-tation, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Department will entertain requests for exemption from this 45-day advan

8、ce filing require-ment for good cause shown. If there has been no change in fitness data pre-viously formally filed with the Depart-ment, the carrier shall file a sworn statement to that effect signed by one of its officers. The carrier may contact the Department (Air Carrier Fitness Division) to as

9、certain which data are already available to the Department and need not be refiled. A carrier to which this paragraph applies shall not provide any air transportation for which it is required to be found fit, willing, and able until the Department decides that the carrier continues to be fit, willin

10、g, and able to perform such air transportation. During the pend-ency of the Departments consideration of a data submission under this para-graph, the expiration period set out in paragraph (a) of this section shall be stayed. If the decision or finding by the Department on the issue of the car-riers

11、 fitness is favorable, the date or that decision or finding shall be the date considered in applying paragraph (a) of this section. (c) For purposes of this section, the date of a Department decision or find-ing shall be the service date of the De-partments order containing such deci-sion or finding

12、, or, in cases where the Departments decision or finding is made by letter, the date of such letter. (d) For purposes of this section, ref-erences to operations and to the pro-viding of air transportation shall refer only to the actual performance of flight operations under an operating certificate

13、issued to the carrier by the FAA. (Approved by the Office of Management and Budget under control number 21060023) PART 205AIRCRAFT ACCIDENT LIABILITY INSURANCE Sec. 205.1 Purpose. 205.2 Applicability. 205.3 Basic requirements. 205.4 Filing of evidence of insurance. 205.5 Minimum coverage. 205.6 Proh

14、ibited exclusions of coverage. 205.7 Cancellation, withdrawal, modifica-tion, expiration, or replacement of insur-ance coverage. 205.8 Cargo liability disclosure statement. AUTHORITY: 49 U.S.C. Chapters 401, 411, 413, 417. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00027 Fmt 8010 Sfm

15、t 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-18 14 CFR Ch. II (1111 Edition) 205.1 SOURCE: ER1253, 46 FR 52577, Oct. 27, 1981, unless otherwise noted. 205.1 Purpose. This part c

16、ontains the rules for air-craft accident liability insurance cov-erage needed by U.S. direct air carriers to obtain or to exercise authority from the Department to operate in inter-state or foreign air transportation, and by foreign direct air carriers to operate under permit or other authority in f

17、or-eign air transportation. It further re-quires a disclosure statement to ship-pers about cargo liability limits and in-surance coverage for U.S. and foreign direct air carriers. ER1253, 46 FR 52577, Oct. 27, 1981, as amend-ed by Docket No. 47939, 57 FR 40100, Sept. 2, 1992; Doc. No. OST-96-1269, 6

18、1 FR 19165, May 1, 1996 205.2 Applicability. These rules apply to all U.S. direct air carriers, including commuter air carriers and air taxi operators as de-fined in 298.2 of this chapter, and for-eign direct air carriers, including Ca-nadian charter air taxi operators as de-fined in 294.2(c) of thi

19、s chapter. Docket No. 47939, 57 FR 40100, Sept. 2, 1992 205.3 Basic requirements. (a) A U.S. or foreign direct air carrier shall not engage in air transportation unless it has in effect aircraft accident liability insurance coverage that meets the requirements of this part for its air carrier or for

20、eign air carrier oper-ations. The minimum amounts of cov-erage required by this part may be pro-vided either by insurance policies or by self-insurance plans. The currently ef-fective policy of insurance or complete plan for self-insurance shall be avail-able for inspection by the Department at the

21、carriers principal place of busi-ness. The current certificate of insur-ance or a summary of the complete self-insurance plan on file with the De-partment, as required by 205.4, shall be available for public inspection at the carriers principal place of busi-ness. (b) For purposes of this part, a ce

22、r-tificate of insurance is one or more cer-tificates showing insurance by one or more insurers (excluding reinsurers) of currently effective and properly en-dorsed policies of aircraft accident li-ability insurance in compliance with this part. When more than one such in-surer is providing coverage,

23、 the limits and types of liability assumed by each insurer (excluding reinsurers) shall be clearly stated in the certificate of in-surance. Insurance policies and self-in-surance plans named in a certificate of insurance that accompanies an applica-tion for initial registration or for oper-ating aut

24、hority shall become effective not later than the proposed starting date for air carrier operations as shown in the application. (c) The certificate of insurance shall list the types or classes of aircraft, or the specific aircraft by FAA or foreign government registration number, with respect to whi

25、ch the policy of insur-ance applies, or shall state that the policy applies to all aircraft owned or operated by the carrier in its air trans-portation operations. With respect to certificates of insurance that list air-craft by government registration num-ber, the policy or self-insurance plan shal

26、l state that, while an aircraft owned or leased by the carrier and de-clared in the policy is withdrawn from normal use because of its breakdown, repair, or servicing, such insurance as is provided by the policy or plan for that aircraft shall apply also to an-other aircraft of similar type, horse-p

27、ower, and seating capacity, whether or not owned by the insured, while temporarily used as a substitute air-craft. (d) Each certificate of insurance shall be signed by an authorized officer, agent, or other representative of the insurer or the insurance broker. (e) Insurance coverage to meet the req

28、uirements of this part shall be ob-tained from one or more of the fol-lowing: (1) An insurer licensed to issue air-craft accident liability policies in any State, Commonwealth, or Territory of the United States, or in the District of Columbia; (2) Surplus line insurers named on a current list of suc

29、h insurers issued and approved by the insurance regulatory authority of any State, Common-wealth, or Territory of the United States or of the District of Columbia; or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00028 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C

30、1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-19 Office of the Secretary, DOT 205.5 (3) Insurers licensed or approved by a foreign government. This requirement may be waived by the Department in the public interest. ER1253, 46 FR 5257

31、7, Oct. 27, 1981, as amend-ed by Docket No. 47939, 57 FR 40100, Sept. 2, 1992 205.4 Filing of evidence of insurance. (a) A U.S. or foreign air carrier shall file a certificate of insurance or a com-plete plan for self-insurance with the Department. Each carrier shall ensure that the evidence of airc

32、raft accident liability coverage filed with the De-partment is correct at all times. The Department will normally notify the carrier within 20 days of receipt if the certificate or plan does not meet the requirements of this part. Certificates of Insurance shall be filed on OST Form 6410 for U.S. ai

33、r carriers, includ-ing commuter air carriers and air taxi operators, and OST Form 6411 for for-eign air carriers, including Canadian air taxi operators. The Department may return the certificate or self-in-surance plan to the carrier if it finds for good cause that such certificate or plan does not

34、show adequate evidence of insurance coverage under this part. Forms may be obtained from and should be filed with the Department at the addresses specified in paragraph (c) of this section. Forms may also be ob-tained on the Internet at http:/ ostpxweb.dot.gov. (b) If the coverage is by type or clas

35、s of aircraft or by specific aircraft, en-dorsements that add previously un-listed aircraft or aircraft types or classes to coverage, or that delete list-ed aircraft, types, or classes from cov-erage, shall be filed with the Depart-ment at the addresses specified in para-graph (c) of this section no

36、t more than 30 days after the effective date of the endorsements. Aircraft shall not be listed in the carriers operations speci-fications with the FAA and shall not be operated unless liability insurance cov-erage is in force. (c) Certificates of insurance and en-dorsements required in paragraphs (a

37、) and (b) of this section shall be sub-mitted to the Department of Transpor-tation, Federal Aviation Administra-tion, Program Management Branch, AFS260, 800 Independence Avenue, SW., Washington, DC 20591. For those air carriers that have a mailing address in the State of Alaska, the forms shall be s

38、ubmitted to the Department of Transportation, Federal Aviation Ad-ministration, Alaskan Region Head-quarters, AAL230, 222 West 7th Ave-nue, Box 14, Anchorage, Alaska 99513. For Canadian air taxis, the forms shall be submitted to the Department of Transportation, Special Authorities Division, X46, 12

39、00 New Jersey Avenue, SE., Washington, DC 20590. (Approved by the Office of Management and Budget under control number 21060030) Docket No. 47939, 57 FR 40100, Sept. 2, 1992, as amended by Doc. No. OST-96-1269, 61 FR 19165, May 1, 1996; 70 FR 25767, May 16, 2005 205.5 Minimum coverage. (a) Insurance

40、 contracts and self-in-surance plans shall provide for pay-ment on behalf of the carrier, within the specific limits of liability in this section, of all sums that the carrier shall become legally obligated to pay as damages, excluding any deductible in the policy, for bodily injury to or death of a

41、 person, or for damage to the property of others, resulting from the carriers operation or maintenance of aircraft in air transportation provided under its authority from the Depart-ment. (b) U.S. and foreign direct air car-riers, including commuter air carriers but excluding U.S. air taxi operators

42、 and Canadian charter air taxi opera-tors, shall maintain the following cov-erage: (1) Third-party aircraft accident li-ability coverage for bodily injury to or death of persons, including non-employee cargo attendants, other than passengers, and for damage to prop-erty, with minimum limits of $300,

43、000 for any one person in any one occur-rence, and a total of $20,000,000 per in-volved aircraft for each occurrence, ex-cept that for aircraft of not more than 60 seats or 18,000 pounds maximum pay-load capacity, carriers need only main-tain coverage of $2,000,000 per involved aircraft for each occ

44、urrence. (2) Any such carrier providing air transportation for passengers shall, in addition to the coverage required in VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo

45、reproduction or networking permitted without license from IHS-,-,-20 14 CFR Ch. II (1111 Edition) 205.5 1For example: the minimum single limit of liability acceptable for any aircraft in air taxi passenger service with 16 passenger seats would be computed on the basis of lim-its set forth in paragra

46、ph (c) as follows: 16 .75 equals 12; 12 $75,000 equals $900,000; $900,000 plus $300,000 (nonpassenger liability per occurrence) plus $100,000 (property dam-age per occurrence) equals $1,300,000. The lat-ter amount is the minimum in which a sin-gle-limit liability policy may be written. paragraph (b)

47、(1) of this section, main-tain aircraft accident liability insur-ance coverage for bodily injury to or death of aircraft passengers, with min-imum limits of $300,000 for any one pas-senger, and a total per involved air-craft for each occurrence of $300,000 times 75 percent of the number of pas-senge

48、r seats installed in the aircraft. (c) U.S. air taxi operators registered under part 298 shall maintain the fol-lowing coverage: (1) Third-party aircraft accident li-ability coverage for bodily injury to or death of persons, including non-employee cargo attendants, other than passengers, with minimu

49、m limits of: (i) $75,000 for any one person in any one occurrence, and a total of $300,000 per involved aircraft for each occur-rence, and (ii) A limit of a least $100,000 for each occurrence for loss of or damage to property. (2) U.S. air taxi operators carrying passengers in air transportation shall, in addition to the coverage required in paragraph (c)(1) of this section, main-tain aircraft accident liability insur-ance coverage for bodil