AS Title 2, Chapter 40: Responsibilities of Air Carriers

Chapter 40. Responsibilities of Air Carriers. Sec. 02.40.010. Air carrier financial responsibility. (a) A person who carries passengers or freight for commercial purposes intrastate in an aircraft shall procure and maintain security in the following minimum amounts: (1) $150,000 per seat for bodily injury or death in a single occurrence; and (2) $100,000 for property damage in a single occurrence. (b) Evidence of security required under (a) of this section shall be filed with the department and must be (1) a policy or certificate of insurance issued by an insurer acceptable to the department; (2) a bond of a surety company licensed to write surety bonds in the state; (3) evidence accepted by the department, showing ability to self-insure; or (4) other security approved by the department. (c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order. (d) A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days' written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under AS 02.40.020 (a)(1). The 30-day notice period is measured from the date on which the department receives notice. (e) A person who violates this section is guilty of a class A misdemeanor and is punishable by a fine of not less than $1,000 or more than $5,000 for each day of violation but not to exceed $10,000 for each violation. Sec. 02.40.020. Certification of compliance of air carriers. (a) A person may not use an aircraft in air commerce before obtaining an annual certificate of compliance for that aircraft from the department. The department may issue a certificate of compliance for one aircraft or a fleet of two or more aircraft. The department shall issue or renew a certificate of compliance upon application and presentation of (1) proof of financial responsibility required under AS 02.40.010 ; (2) proof of compliance with Federal Aviation Administration requirements, and, where applicable, federal certification for scheduled airline service. (b) The annual fee for a certificate of compliance for one aircraft and for a fleet of two or more aircraft shall be set by the department by regulation. The certificate is valid for 12 months from the date issued. The certificate shall be visible to boarding passengers. (c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order. (d) A person who violates this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000. Sec. 02.40.030. Unsolicited communication prohibited. (a) Except as provided in (c) of this section, in the event of an accident involving an air carrier providing intrastate transportation of passengers, an attorney may not initiate a contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering or discussing potential representation in an action based on the accident for personal injury or wrongful death within 45 days following the accident. In this subsection, “attorney” includes an attorney for an air carrier and an associate, agent, employee, or other representative of an attorney. (b) During the 45-day period described in (a) of this section, an agent or representative of an air carrier or its insurer may not initiate contact with an individual injured in the accident or a relative of an individual injured or killed in the accident for the purpose of offering a final settlement of a claim. (c) The prohibitions in (a) and (b) of this section do not apply to the activities that an air carrier or its insurers may undertake, or the obligations that an air carrier or its insurers may have to (1) provide a passenger or the family of a passenger injured or killed in an aircraft accident with short-term physical or financial assistance; or (2) meet the obligations of the air carrier under 49 U.S.C. 41113 (Aviation Disaster Family Assistance Act of 1996). (d) The attorney general or an aggrieved person may institute a civil action against a person who violates this section. In addition to injunctive and compensatory relief, a civil penalty not to exceed $10,000 may be imposed for each violation. Sec. 02.40.990. Definitions. In this chapter, (1) “air carrier” means a person undertaking to engage in air commerce, whether directly or indirectly, or by lease, contract, or any other arrangement, and whether over regular or irregular routes; (2) “air commerce” means carriage by aircraft of persons or freight for commercial purposes or hire in intrastate commerce, including the carriage by aircraft of persons or freight that move partly by aircraft and partly by other forms of transportation; (3) “aircraft” means a propeller, rotor, or jet-powered device used or designed for flight in the air; (4) “commercial purposes” means activities for which the person receives direct monetary compensation and does not include activities incidental to and done in furtherance of the person's primary business; (5) “department” means the Department of Transportation and Public Facilities; (6) “freight” means commodities, articles, and cargo, of whatever nature or value, excluding garbage and trash.