1、859 SUBCHAPTER NWAR RISK INSURANCE PART 198AVIATION INSURANCE Sec. 198.1 Eligibility of aircraft operation for in-surance. 198.3 Basis of insurance. 198.5 Types of insurance coverage available. 198.7 Amount of insurance coverage avail-able. 198.9 Application for insurance. 198.11 Change in status of
2、 aircraft. 198.13 Premium insurancepayment of pre-miums. 198.15 Non-premium insurancepayment of registration binders. 198.17 Ground support and other coverage. AUTHORITY: 49 U.S.C. 106(g), 40113, 44301 44310; 49 CFR 1.47(b). SOURCE: Docket No. 28893, 63 FR 13739, Mar. 20, 1998, unless otherwise note
3、d. 198.1 Eligibility of aircraft operation for insurance. An aircraft operation is eligible for insurance if (a) The President of the United States has determined that the con-tinuation of that aircraft operation is necessary to carry out the foreign pol-icy of the United States; (b) The aircraft op
4、eration is (1) In foreign air commerce or be-tween two or more places all of which are outside the United States if insur-ance with premium is sought; or (2) In domestic or foreign air com-merce, or between two or more places all of which are outside the United States if insurance without premium is
5、 sought; and (c) The Administrator finds that commercial insurance against loss or damage arising out of any risk from the aircraft operation cannot be ob-tained on reasonable terms from an in-surance carrier. 198.3 Basis of insurance. (a) Premium insurance may be issued by the FAA is the requiremen
6、ts of 198.1 (a), (b)(1) and (c) are met. (b) Subject to 198.9(c), standby in-surance without premium may be issued by the FAA if all of the fol-lowing conditions have been met: (1) A department, agency, or instru-mentality of the U.S. Government seeks performance of air services oper-ations, pursuan
7、t to a contract of the department, agency, or instrumen-tality; or transportation of military forces or materiel on behalf of the United States, pursuant to an agree-ment between the United States and a foreign government. (2) Such department, agency, or in-strumentality of the U.S. Government has a
8、greed in writing to indemnify the Secretary of Transportation against all losses covered by such insurance. Such an agreement, when countersigned by the President, constitutes a determina-tion that the continuation of that air-craft operation is necessary to carry out the foreign policy of the Unite
9、d States. (3) A current copy of the aircraft op-erators applicable commercial insur-ance policy or policies is on file with the FAA, including every endorsement making a material change to the pol-icy. Updated copies of these policies must be provided upon each renewal of the commercial policy. Ever
10、y subse-quent material change by endorsement must be promptly provided to the FAA. (c) Insurance is activated, placing the insurance in full force, as specified by the FAAs written notification to the operator and remains in force until such time as either of the following oc-curs: (1) The requireme
11、nts in 198.1 are no longer met; or (2) In the case of non-premium insur-ance, an aircraft operation is no longer performed under contract to a depart-ment, agency, or instrumentality of the U.S. Government; or pursuant to an agreement between the United States and a foreign government; or the Admini
12、strator finds that commer-cial insurance can now be obtained on reasonable terms. (d) Insurance policies revert to stand-by status upon written notification by the FAA to the aircraft operator. A policy will remain in standby status until either (1) The insurance is activated by written notice; or (
13、2) The policy is canceled. VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00869 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-860 14 CFR Ch. I (1111 Editi
14、on) 198.5 198.5 Types of insurance coverage available. Application may be made for insur-ance against loss or damage to the fol-lowing persons, property, or interests: (a) Aircraft, or insurable items of an aircraft, engaged in eligible operations under 198.1. (b) Any individual employed or trans-po
15、rted on the aircraft referred to in paragraph (a) of this section. (c) The baggage of persons referred to in paragraph (b) of this section. (d) Property transported, or to be transported, on the aircraft referred to in paragraph (a) of this section. (e) Statutory or contractual obliga-tions, or any
16、other liability, of the air-craft referred to in paragraph (a) of this section or of its owner or operator, of the nature customarily covered by insurance. 198.7 Amount of insurance coverage available. (a) For each aircraft or insurable item, the amount insured may not ex-ceed the amount for which t
17、he appli-cant has otherwise insured or self-in-sured the aircraft or insurable item against damage or liability arising from any risk. In the case of hull insur-ance, the amount insured may not ex-ceed the reasonable value of the air-craft as determined by the FAA or its designated agent. (b) Polici
18、es issued without premium may be revised from time to time by the FAA with notice to the insured, to add aircraft or insurable items or to amend amounts of coverage if the in-sured has changed the amount by which it has otherwise insured or self- insured the aircraft or itself. 198.9 Applicant for i
19、nsurance. (a) Application for premium or non- premium insurance must be made in accordance with the applicable form supplied by the FAA. (b) Each applicant for insurance with the premium under this part must sub-mit to the FAA with its application a letter describing in detail the oper-ations in whi
20、ch the aircraft is or will be engaged and stating the type of in-surance coverage being sought and the reason it is being sought. The applicant must also submit any other informa-tion deemed pertinent by the FAA. (c) Each applicant for premium or non-premium insurance must, upon re-quest by the FAA,
21、 submit to the FAA evidence that commercial insurance is not available on reasonable terms for each flight or ground operation for which insurance is sought. Each air-craft operator who has a standby non- premium insurance policy must, upon request by the FAA, submit evidence to the FAA that commerc
22、ial insurance is not available on reasonable terms before the FAA activates that policy. The adequacy of the evidence sub-mitted is determined solely by the FAA. (d) The standby non-premium policy issued to the aircraft operator does not provide actual coverage until formally activated by the FAA. 1
23、98.11 Change in status of aircraft. In the event of sale, lease, confisca-tion, requisition, total loss, or other change in the status of an aircraft or insurable items covered by insurance under this part, the insured party must notify the office administering the Aviation Insurance Program before,
24、 or as soon as practicable after, the change in status. 198.13 Premium insurancepayment of premiums. The insured must pay the premium for insurance issued under this part within the stated period after receipt of notice that premium payment is due and in accordance with the provisions of the applica
25、ble FAA insurance policy. Premiums must be sent to the FAA, and made payable to the FAA. 198.15 Non-premium insurancepay-ment of registration binders. (a) The binder for initial registration is $575 for each aircraft or insurable item. This binder is adjusted not more frequently than annually based
26、on changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor. (b) An application for non-premium insurance must be accompanied by the proper binder, payable to the FAA. A binder is not returnable unless the ap-plication is rejected. VerDate Mar2010 08:29 Feb 24,
27、2011 Jkt 223045 PO 00000 Frm 00870 Fmt 8010 Sfmt 8010 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-861 Federal Aviation Administration, DOT 198.17 (c) Requests made after issuance of a
28、 non-premium policy for the addition of an aircraft or insurable item must be accompanied by the binder for each aircraft and insurable item. (d) When an operator acquires an air-craft or insurable item that was pre-viously covered under an active or standby policy, the new operator must register th
29、at aircraft or item on its policy and pay the binder for each air-craft and insurable item. 198.17 Ground support and other coverage. An aircraft operator may apply for insurance to cover any risks arising from the provision of goods or services directly supporting the operation of an aircraft that meets the requirements of 198.3(b). PART 199 RESERVED VerDate Mar2010 08:29 Feb 24, 2011 Jkt 223045 PO 00000 Frm 00871 Fmt 8010 Sfmt 8006 Y:SGML223045.XXX 223045WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
