Senate Bill No. 179–Senator McGinness
February 12, 1999
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Joint Sponsor: Assemblyman de Braga
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Referred to Committee on Transportation
SUMMARY—Establishes minimum standards for operation of skydiving business. (BDR 44-727)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Title 44 of NRS is hereby amended by adding thereto a1-2
new chapter to consist of the provisions set forth as sections 2 to 12,1-3
inclusive, of this act.1-4
Sec. 2. As used in this chapter, unless the context otherwise requires,1-5
the words and terms defined in sections 3, 4 and 5 of this act have the1-6
meanings ascribed to them in those sections.1-7
Sec. 3. "Association" means the United States Parachute1-8
Association or its successor organization.1-9
Sec. 4. "Skydiving business" means a business that receives1-10
compensation for providing a person with:1-11
1. The opportunity to jump with a parachute from an airplane, a1-12
balloon or any other vehicle used for navigation through the air; or1-13
2. Training on how to jump safely from an airplane, a balloon or1-14
any other vehicle used for navigation through the air and how to land1-15
safely using a parachute.2-1
Sec. 5. "Student skydiver" means a person who receives training to2-2
skydive and has not been cleared to self-jumpmaster in accordance with2-3
standards established by the association.2-4
Sec. 6. The legislature hereby finds and declares that the operation2-5
of a skydiving business affects the health, safety and welfare of members2-6
of the general public and that minimum standards for the operation of2-7
such a business must, therefore, be established.2-8
Sec. 7. For the purposes of sections 1 to 12, inclusive, of this act, a2-9
person who has not previously jumped with a skydiving business shall be2-10
deemed to be a student skydiver unless that person produces documented2-11
proof to the operator of the skydiving business that he has previously2-12
skydived.2-13
Sec. 8. 1. The operator of a skydiving business shall:2-14
(a) Comply with the regulations of the Federal Aviation2-15
Administration governing skydiving;2-16
(b) Comply with safety requirements that are at least as stringent as2-17
the basic safety requirements of the association set forth in the2-18
"Skydiver’s Information Manual" in the form most recently published by2-19
the association, unless the director of the department of transportation2-20
posts a notice of disapproval of any amendment to those requirements2-21
pursuant to subsection 2; and2-22
(c) Provide training to a student skydiver using one of the training2-23
options adopted by the association in the "Skydiver’s Information2-24
Manual" in the form most recently published by the association, unless2-25
the director of the department of transportation posts a notice of2-26
disapproval of any amendment to those training options pursuant to2-27
subsection 2.2-28
2. The director of the department of transportation or a person2-29
designated by the director shall review each amendment to the basic2-30
safety requirements and training options set forth in the "Skydiver’s2-31
Information Manual" and approve or disapprove of the amendment for2-32
use in this state. If the director does not post a notice of disapproval2-33
within 30 days after such an amendment is published, the amendment2-34
shall be deemed approved for this state.2-35
Sec. 9. 1. The operator of a skydiving business shall maintain on2-36
the premises of the business a safety handbook which contains the safety2-37
requirements that the operator will comply with in conducting the2-38
operations of the business.2-39
2. Upon request, the operator shall provide a customer with a copy of2-40
the basic safety requirements of the association and the regulations of2-41
the Federal Aviation Administration governing skydiving. The operator2-42
shall be deemed to have complied with the provisions of this subsection if2-43
he makes available to the customer for review on the premises the safety3-1
handbook required to be maintained pursuant to subsection 1, or a copy3-2
of the handbook, which contains the basic safety requirements of the3-3
association and the regulations of the Federal Aviation Administration3-4
governing skydiving.3-5
Sec. 10. The operator of a skydiving business shall post in a3-6
conspicuous location at his place of business a poster that includes the3-7
following information in a font that is easy to read:3-8
1. A statement that skydiving businesses operating in this state must3-9
comply with the regulations of the Federal Aviation Administration3-10
governing skydiving and safety requirements that are at least as stringent3-11
as the basic safety requirements of the association;3-12
2. A list of the equipment required to be provided to a student3-13
skydiver; and3-14
3. A statement that a customer may report any alleged violation of3-15
the provisions of sections 1 to 12, inclusive, of this act to the district3-16
attorney of the county in which the alleged violation occurred or to the3-17
attorney general.3-18
Sec. 11. 1. The operator of a skydiving business shall report in3-19
writing to the association an accident that results in serious injury to or3-20
the death of one of its customers.3-21
2. The report must:3-22
(a) Be submitted to the association not later than the next business3-23
day following the date of the accident; and3-24
(b) Include the time and place of the accident and the circumstances3-25
relating thereto.3-26
Sec. 12. 1. The operator of a skydiving business who willfully3-27
violates any of the provisions of sections 1 to 11, inclusive, of this act is3-28
guilty of a misdemeanor.3-29
2. Any governmental entity that has issued a license to engage in3-30
business as an operator of a skydiving business to a person who is3-31
convicted of violating any of the provisions of sections 1 to 11, inclusive,3-32
of this act shall revoke that license and send notice of the revocation to3-33
the licensee by certified mail. Such a licensee may not apply to any3-34
governmental entity for a license to engage in business as an operator of3-35
a skydiving business in this state for 5 years after the revocation of his3-36
previous license.3-37
Sec. 13. The amendatory provisions of this act do not apply to3-38
offenses that were committed before October 1, 1999.~