GARA: The General Aviation Revitalization Act of 1994 (Public Law 103-298)
The complete text of the 1994 law.
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'General Aviation Revitalization Act of 1994'.
(a) IN GENERAL- Except as provided in subsection (b), no civil action for
damages for death or injury to persons or damage to property arising out of
an accident involving a general aviation aircraft may be brought against the
manufacturer of the aircraft or the manufacturer of any new component,
system, subassembly, or other part of the aircraft, in its capacity as a
manufacturer if the accident occurred
(1) after the applicable limitation period beginning on
(A) the date of delivery of the aircraft to its first purchaser or
lessee, if delivered directly from the manufacturer; or
(B) the date of first delivery of the aircraft to a person engaged in
the business of selling or leasing such aircraft; or
(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of completion of the replacement or addition.
(b) EXCEPTIONS- Subsection (a) does not apply
(1) if the claimant pleads with specificity the facts necessary to prove,
and proves, that the manufacturer with respect to a type certificate or
airworthiness certificate for, or obligations with respect to continuing
airworthiness of, an aircraft or a component, system, subassembly, or
other part of an aircraft knowingly misrepresented to the Federal Aviation
Administration, or concealed or withheld from the Federal Aviation
Administration, required information that is material and relevant to the
performance or the maintenance or operation of such aircraft, or the
component, system, subassembly, or other part, that is causally related to
the harm which the claimant allegedly suffered;
(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;
(3) if the person for whose injury or death the claim is being made was
not aboard the aircraft at the time of the accident; or
(4) to an action brought under a written warranty enforceable under law but for the operation of this Act.
(d) RELATIONSHIP TO OTHER LAWS- This section supersedes any State law to the extent that such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection (a).
SEC. 3. OTHER DEFINITIONS.
For purposes of this Act
(1) the term 'aircraft' has the meaning given such term in section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5));
(2) the term 'airworthiness certificate' means an airworthiness certificate issued under section 603(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1423(c)) or under any predecessor Federal statute;
(3) the term 'limitation period' means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and
(4) the term 'type certificate' means a type certificate issued under section 603(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1423(a)) or under any predecessor Federal statute.
SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
(a) EFFECTIVE DATE- Except as provided in subsection (b), this Act shall
take effect on the date of the enactment of this Act.
(b) APPLICATION OF ACT- This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.