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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to aeronautics; establishing certain minimum standards for the operation of a skydiving business; providing a penalty; and providing other matters properly relating thereto.

 

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 a

1-2 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 the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 3. "Association" means the United States Parachute

1-8 Association or its successor organization.

1-9 Sec. 4. "Skydiving business" means a business that receives

1-10 compensation for providing a person with:

1-11 1. The opportunity to jump with a parachute from an airplane, a

1-12 balloon or any other vehicle used for navigation through the air; or

1-13 2. Training on how to jump safely from an airplane, a balloon or

1-14 any other vehicle used for navigation through the air and how to land

1-15 safely using a parachute.

2-1 Sec. 5. "Student skydiver" means a person who receives training to

2-2 skydive and has not been cleared to self-jumpmaster in accordance with

2-3 standards established by the association.

2-4 Sec. 6. The legislature hereby finds and declares that the operation

2-5 of a skydiving business affects the health, safety and welfare of members

2-6 of the general public and that minimum standards for the operation of

2-7 such a business must, therefore, be established.

2-8 Sec. 7. For the purposes of sections 1 to 12, inclusive, of this act, a

2-9 person who has not previously jumped with a skydiving business shall be

2-10 deemed to be a student skydiver unless that person produces documented

2-11 proof to the operator of the skydiving business that he has previously

2-12 skydived.

2-13 Sec. 8. 1. The operator of a skydiving business shall:

2-14 (a) Comply with the regulations of the Federal Aviation

2-15 Administration governing skydiving;

2-16 (b) Comply with safety requirements that are at least as stringent as

2-17 the basic safety requirements of the association set forth in the

2-18 "Skydiver’s Information Manual" in the form most recently published by

2-19 the association, unless the director of the department of transportation

2-20 posts a notice of disapproval of any amendment to those requirements

2-21 pursuant to subsection 2; and

2-22 (c) Provide training to a student skydiver using one of the training

2-23 options adopted by the association in the "Skydiver’s Information

2-24 Manual" in the form most recently published by the association, unless

2-25 the director of the department of transportation posts a notice of

2-26 disapproval of any amendment to those training options pursuant to

2-27 subsection 2.

2-28 2. The director of the department of transportation or a person

2-29 designated by the director shall review each amendment to the basic

2-30 safety requirements and training options set forth in the "Skydiver’s

2-31 Information Manual" and approve or disapprove of the amendment for

2-32 use in this state. If the director does not post a notice of disapproval

2-33 within 30 days after such an amendment is published, the amendment

2-34 shall be deemed approved for this state.

2-35 Sec. 9. 1. The operator of a skydiving business shall maintain on

2-36 the premises of the business a safety handbook which contains the safety

2-37 requirements that the operator will comply with in conducting the

2-38 operations of the business.

2-39 2. Upon request, the operator shall provide a customer with a copy of

2-40 the basic safety requirements of the association and the regulations of

2-41 the Federal Aviation Administration governing skydiving. The operator

2-42 shall be deemed to have complied with the provisions of this subsection if

2-43 he makes available to the customer for review on the premises the safety

3-1 handbook required to be maintained pursuant to subsection 1, or a copy

3-2 of the handbook, which contains the basic safety requirements of the

3-3 association and the regulations of the Federal Aviation Administration

3-4 governing skydiving.

3-5 Sec. 10. The operator of a skydiving business shall post in a

3-6 conspicuous location at his place of business a poster that includes the

3-7 following information in a font that is easy to read:

3-8 1. A statement that skydiving businesses operating in this state must

3-9 comply with the regulations of the Federal Aviation Administration

3-10 governing skydiving and safety requirements that are at least as stringent

3-11 as the basic safety requirements of the association;

3-12 2. A list of the equipment required to be provided to a student

3-13 skydiver; and

3-14 3. A statement that a customer may report any alleged violation of

3-15 the provisions of sections 1 to 12, inclusive, of this act to the district

3-16 attorney of the county in which the alleged violation occurred or to the

3-17 attorney general.

3-18 Sec. 11. 1. The operator of a skydiving business shall report in

3-19 writing to the association an accident that results in serious injury to or

3-20 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 business

3-23 day following the date of the accident; and

3-24 (b) Include the time and place of the accident and the circumstances

3-25 relating thereto.

3-26 Sec. 12. 1. The operator of a skydiving business who willfully

3-27 violates any of the provisions of sections 1 to 11, inclusive, of this act is

3-28 guilty of a misdemeanor.

3-29 2. Any governmental entity that has issued a license to engage in

3-30 business as an operator of a skydiving business to a person who is

3-31 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 to

3-33 the licensee by certified mail. Such a licensee may not apply to any

3-34 governmental entity for a license to engage in business as an operator of

3-35 a skydiving business in this state for 5 years after the revocation of his

3-36 previous license.

3-37 Sec. 13. The amendatory provisions of this act do not apply to

3-38 offenses that were committed before October 1, 1999.

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