Nrs: Chapter 498 - Skydiving Businesses

Link to law: https://www.leg.state.nv.us/NRS/NRS-498.html
Published: 2015

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[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.

_________

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)