1. (a) Within thirty days after receipt of an accident report as required in Section 55-8-30, the agency shall determine by an order entered of record, (1) the amount of security within the limits specified in Section 55-8-50, which it deems sufficient to satisfy any judgment for damages which may be recovered against each owner or operator and (2) the name and address of each claimant.
2. (b) Within thirty days after the entry of the order required by subsection (a) of this section the agency, unless there is deposited for the benefit of the owner or operator, or both, as the case may be, security in the sum so determined by the agency, upon ten days notification shall impose a civil penalty of one thousand dollars a day against the affected owner or operator or both for each day after the ten-day notification period has expired that the provisions of subsection (a) have not been complied with.

3. (c) The requirements as to security and suspension do not apply:

   1. (1) To the operator or the owner of the aircraft if the agency determines that he is not charged with responsibility for the accident by the claimants, or to the operator of an aircraft involved in an accident in which no injury was caused to the person of any one other than the operator and no damage in excess of five hundred dollars was caused to property not owned, rented, occupied or used by the operator nor in his custody or control nor carried in or on the aircraft;
   2. (2) To the operator or owner of an aircraft if at the time of the accident the aircraft was stationary, without passengers thereon or boarding the aircraft or alighting therefrom and the aircraft was parked in an area legally used for aircraft parking with no engine running nor in the process of being started;
   3. (3) To the owner of an aircraft if at the time of the accident the aircraft was being operated, or was parked, without his permission express or implied;
   4. (4) To the owner if there is in effect at the time of the accident an aircraft liability policy or bond with respect to the aircraft involved in the accident;
   5. (5) To the operator, if not the owner of the aircraft, if there is in effect at the time of the accident an aircraft liability policy or bond with respect to his operation of the aircraft involved in the accident;
   6. (6) To the operator or owner if his liability for damages resulting from such accident is covered by any other form of liability insurance policy or bond in effect at the time of the accident;
   7. (7) To any person qualifying as a self-insurer under Section 55-8-70 or to any person operating an aircraft for the self-insurer for whose acts the self-insurer is legally responsible; nor

   8. (8) After there is filed with the agency satisfactory evidence that the person otherwise required to deposit security has

      1. (i) been released from liability, or (ii) been adjudicated not to be liable by judgment, or (iii) executed a written agreement with all claimants providing for payment of an agreed amount with respect to all claims for injuries or damages resulting from the accident.
4. (d) The requirements as to suspension may be waived by the agency, in its discretion, if there is filed with the agency by all claimants consent in writing that the person hereunder chargeable be allowed continuing operating privilege. If such waiver is granted by the agency, it shall continue for six months from the date of the consent and thereafter unless the consent is revoked in writing.
5. (e) The agency may take the actions authorized hereby or may modify or rescind such actions at any time upon ten days' notification of the persons affected thereby.

HISTORY: 1978 Act No. 563 Section 4; 1988 Act No. 624, Section 4.