Saturday, October 5, 2019

General Aviation Revitalization Act of 1994 Term Paper

General Aviation Revitalization Act of 1994 - Term Paper Example Eventually, the impact of GARA 1994 on the socio-economic welfare of the manufacturers of general aviation aircraft before and after the Act was enacted will be thoroughly discussed. About General Aviation Revitalization Act (GARA) of 1994 With the purpose of amending the Federal Aviation Act of 1958, the General Aviation Revitalization Act of 1994 (GARA)1 was enacted (Angelley, 2011; Clinton, 1994). Under GARA of 1994, the term â€Å"general aviation† includes all types of aircrafts with no more than 20 passengers that had received an airworthiness certificate from the Federal Aviation Administration (FAA) (Kovarik, 2008; Clinton, 1994; Kister, 1998). The said Act applies to all aircrafts 18 years old or more when the accident happens (Angelley, 2011; Clinton, 1994). GARA is an Act of Congress that was made under the Senate Bill S. 1458 – 103rd Congress. Aside from preserving the rights of the pilots and passengers, the main reason why the Act was created is to protect the aircraft manufacturers from the prolonged adverse socio-economic impact of product liability in small aircrafts of not more than 20 passengers (Angelley, 2011; Kister, 1998). ... In fact, the enactment of GARA 1994 has made a lot of general aviation aircraft victims and their attorneys become frustrated for failing to receive justice for losing the lives of their loved ones or facing the consequences of physical injuries caused by the general aviation aircraft accidents (Kovarik, 2008). The main purpose of implementing the GARA of 1994 is to create some exceptions wherein the general aviation manufacturers can be protected from the risks of lawsuits caused by manufacturing designs created more than 18 years since the aircraft was released from the warehouse of general aviation companies2. On top of the number of years when the general aviation aircraft was manufactured, other important considerations that will not protect the general aviation manufacturers under the GARA of 1994 include the following conditions: (1) in case the manufacturer of general aviation aircraft can prove that there has been a misrepresentation or withheld information coming from the F AA that could somehow have triggered the plane to crash; (2) in case the victims of the plane crash is a passenger who is at the time of the crash receiving emergency or medical treatment; (3) in case the person who died or was physically injured in the plane crash was not a passenger of the aircraft; and (4) in case the lawsuit has a written warranty that directly involve a specific aircraft3 (Angelley, 2011; Kovarik, 2008). With regards to the future maintenance requirements of the aircraft, the said Act does not protect the owners of the general aviation aircraft for not being able to perform their responsibility in maintaining the quality of the aircraft’s engine

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