[Rev. 11/21/2013 12:14:33
PM--2013]
CHAPTER 498 - SKYDIVING BUSINESSES
GENERAL PROVISIONS
NRS 498.010 Definitions.
NRS 498.020 “Association”
defined.
NRS 498.030 “Skydiving
business” defined.
NRS 498.040 “Student
skydiver” defined.
NRS 498.050 Legislative
findings and declaration.
NRS 498.060 Certain
persons presumed to be student skydivers.
DUTIES OF OPERATORS
NRS 498.070 Operators
required to comply with certain federal regulations and safety requirements and
to use Association’s training options; Director of Department of Transportation
required to review amendments to basic safety requirements and training
options.
NRS 498.080 Maintenance
of safety handbook on premises; provision or availability of copy of basic
safety requirements and federal regulations to customer.
NRS 498.090 Posting
of certain information at operator’s place of business.
NRS 498.100 Accident
reports.
PENALTIES
NRS 498.110 Penalty;
revocation of license.
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GENERAL PROVISIONS
NRS 498.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 498.020, 498.030 and 498.040 have
the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1054)
NRS 498.020 “Association” defined. “Association”
means the United States Parachute Association or its successor organization.
(Added to NRS by 1999, 1054)
NRS 498.030 “Skydiving business” defined. “Skydiving
business” means a business that receives compensation for providing a person
with:
1. The opportunity to jump with a
parachute from an airplane, a balloon or any other vehicle used for navigation
through the air; or
2. Training on how to jump safely from an
airplane, a balloon or any other vehicle used for navigation through the air
and how to land safely using a parachute.
(Added to NRS by 1999, 1054)
NRS 498.040 “Student skydiver” defined. “Student
skydiver” means a person who receives training to skydive and has not been
cleared to self-jumpmaster in accordance with standards established by the
Association.
(Added to NRS by 1999, 1054)
NRS 498.050 Legislative findings and declaration. The
Legislature hereby finds and declares that the operation of a skydiving
business affects the health, safety and welfare of members of the general
public and that minimum standards for the operation of such a business must,
therefore, be established.
(Added to NRS by 1999, 1054)
NRS 498.060 Certain persons presumed to be student skydivers. For the purposes of NRS
498.010 to 498.110, inclusive, a person who has
not previously jumped with a skydiving business shall be deemed to be a student
skydiver unless that person produces documented proof to the operator of the
skydiving business that the person has previously skydived.
(Added to NRS by 1999, 1054)
DUTIES OF OPERATORS
NRS 498.070 Operators required to comply with certain federal regulations
and safety requirements and to use Association’s training options; Director of
Department of Transportation required to review amendments to basic safety
requirements and training options.
1. The operator of a skydiving business
shall:
(a) Comply with the regulations of the Federal
Aviation Administration governing skydiving;
(b) Comply with safety requirements that are at
least as stringent as the basic safety requirements of the Association set
forth in the “Skydiver’s Information Manual” in the form most recently
published by the Association, unless the Director of the Department of
Transportation posts a notice of disapproval of any amendment to those
requirements pursuant to subsection 2; and
(c) Provide training to a student skydiver using
one of the training options adopted by the Association in the “Skydiver’s
Information Manual” in the form most recently published by the Association,
unless the Director of the Department of Transportation posts a notice of
disapproval of any amendment to those training options pursuant to subsection
2.
2. The Director of the Department of
Transportation or a person designated by the Director shall review each
amendment to the basic safety requirements and training options set forth in
the “Skydiver’s Information Manual” and approve or disapprove of the amendment
for use in this state. If the Director does not post a notice of disapproval
within 30 days after such an amendment is published, the amendment shall be
deemed approved for this state.
(Added to NRS by 1999, 1054)
NRS 498.080 Maintenance of safety handbook on premises; provision or
availability of copy of basic safety requirements and federal regulations to
customer.
1. The operator of a skydiving business
shall maintain on the premises of the business a safety handbook which contains
the safety requirements that the operator will comply with in conducting the
operations of the business.
2. Upon request, the operator shall
provide a customer with a copy of the basic safety requirements of the
Association and the regulations of the Federal Aviation Administration governing
skydiving. The operator shall be deemed to have complied with the provisions of
this subsection if the operator makes available to the customer for review on
the premises the safety handbook required to be maintained pursuant to
subsection 1, or a copy of the handbook, which contains the basic safety
requirements of the Association and the regulations of the Federal Aviation
Administration governing skydiving.
(Added to NRS by 1999, 1055)
NRS 498.090 Posting of certain information at operator’s place of business. The operator of a skydiving business shall
post in a conspicuous location at the operator’s place of business a poster
that includes the following information in a font that is easy to read:
1. A statement that skydiving businesses
operating in this state must comply with the regulations of the Federal
Aviation Administration governing skydiving and safety requirements that are at
least as stringent as the basic safety requirements of the Association;
2. A list of the equipment required to be
provided to a student skydiver; and
3. A statement that a customer may report
any alleged violation of the provisions of NRS 498.010
to 498.110, inclusive, to the district attorney of
the county in which the alleged violation occurred or to the Attorney General.
(Added to NRS by 1999, 1055)
NRS 498.100 Accident reports.
1. The operator of a skydiving business
shall report in writing to the Association an accident that results in serious
injury to or the death of one of its customers.
2. The report must:
(a) Be submitted to the Association not later
than the next business day following the date of the accident; and
(b) Include the time and place of the accident
and the circumstances relating thereto.
(Added to NRS by 1999, 1055)
PENALTIES
NRS 498.110 Penalty; revocation of license.
1. The operator of a skydiving business
who willfully violates any of the provisions of NRS
498.010 to 498.100, inclusive, is guilty of a
misdemeanor.
2. Any governmental entity that has issued
a license to engage in business as an operator of a skydiving business to a
person who is convicted of violating any of the provisions of NRS 498.010 to 498.100,
inclusive, shall revoke that license and send notice of the revocation to the
licensee by certified mail. Such a licensee may not apply to any governmental
entity for a license to engage in business as an operator of a skydiving
business in this state for 5 years after the revocation of his or her previous
license.
(Added to NRS by 1999, 1055)