HOUSE BILL 247
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO RECREATION; ENACTING THE SKYDIVING SAFETY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Skydiving Safety Act".
SECTION 2. [NEW MATERIAL] LEGISLATIVE FINDINGS.--In order to safeguard health, safety and welfare of the residents of New Mexico, it is the policy of New Mexico to protect its residents and visitors from unnecessary hazards in the operation of drop zones and to require liability insurance to be carried by drop zone operators, insuring the facility's ground-based operations. New Mexico, through the enactment of the Skydiving Safety Act, recognizes there are inherent risks in skydiving, which should be understood by skydivers and that cannot be eliminated by drop zone operators. The purpose of the Skydiving Safety Act is to define those risks that are inherent and limit the liability of drop zone operators from losses resulting from those inherent risks.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Skydiving Safety Act:
A. "aircraft" means an airplane, helicopter, hot air balloon, glider and any other device that is used or intended to be used for flight in the air;
B. "basic safety requirements" means the minimum standards published by the United States parachute association for safe skydiving activities;
C. "canopy" means the component of the parachute system comprised of fabric membranes that connect to the parachute harness by suspension lines that provide the means for the skydiver to descend safely;
D. "drop zone" means the intended landing area for a skydiver, including the related real property and improvements owned, permitted, leased or controlled by a drop zone operator;
E. "drop zone operator" means a person operating a drop zone, whether permanent or temporary, including that person's agents, officers, employees, instructors and representatives;
F. "instructor" means a person who holds a current United States parachute association instructor rating in one of the four recognized methods of instruction;
G. "parachute system" means the complete system used for skydiving and any component part thereof, including canopies, reserve canopies, harness-container systems, risers, suspension lines, brake toggles, reserve static lines, main assisted reserve deployment devices, bridles, pilot and drogue parachutes, closing pins, automatic activation devices, cut-away and reserve activation systems, tandem student harnesses, wingsuits and other skydiving-specific clothing;
H. "skydive" means descending to the surface of the earth from an aircraft in flight by using or intending to use a parachute system during all or part of that descent;
I. "skydiver" means a person who is present at a drop zone for the purpose of engaging in skydiving, including:
(1) a person engaged in a skydiving training program, lesson or other class for skydiving instruction; and
(2) a person who is present at a drop zone for the purpose of participating in a tandem skydive;
J. "skydiving" means the sport of descending to the surface of the earth from an aircraft in flight by using or intending to use a parachute system during all or part of that descent;
K. "tandem skydive" means a skydive using a tandem parachute system enabling more than one person to simultaneously use the same parachute system for a skydive; and
L. "training device" means a device, equipment or apparatus used to teach a skydiver or student skydiver how to skydive, including hanging harnesses, standing harnesses and aircraft mockups.
SECTION 4. [NEW MATERIAL] INSURANCE REQUIREMENTS.--A drop zone operator shall file with the corporations bureau of the office of the secretary of state a certificate of insurance coverage in the amount of at least one hundred thousand dollars ($100,000) that covers liability of the drop zone operator for any loss, injury or death resulting from a violation of Section 6 of the Skydiving Safety Act. A drop zone operator that fails to maintain the insurance requirements of this section shall not receive any of the protections afforded by the Skydiving Safety Act.
SECTION 5. [NEW MATERIAL] RELATION WITH OTHER LAWS.--The limitation on legal liability provided to a drop zone operator by the Skydiving Safety Act is in addition to any other limitation of legal liability otherwise provided by law, including rights assigned to a party pursuant to an assumption of risk, waiver of liability or indemnity agreement. Drop zones and drop zone operators shall not be construed to be common carriers pursuant to the laws of New Mexico.
SECTION 6. [NEW MATERIAL] DUTIES OF DROP ZONE
OPERATORS.--A drop zone operator shall:
A. maintain all aircraft owned by the drop zone operator in accordance with federal aviation administration regulations;
B. comply with basic safety requirements unless waived pursuant to United States parachute association rules;
C. advise skydivers and other persons at a drop zone on when and how to approach aircraft;
D. operate all aircraft owned by the drop zone operator in accordance with federal aviation administration regulations; and
E. maintain the drop zone in a manner that is safe for the public to occupy and free of hazards; provided that skydivers in any phase of skydiving, including landing, shall not be deemed to be hazards.
SECTION 7. [NEW MATERIAL] LIMITED LIABILITY OF DROP ZONE OPERATORS.--
A. Except as provided in Subsection B of this section, a drop zone operator is not liable for loss, injury or death suffered by a skydiver resulting from the inherent risks of skydiving so long as the warning contained in Section 8 of the Skydiving Safety Act is distributed and signed as required. Such warning may be contained in a drop zone operator's assumption of risk form, waiver of liability, or indemnity or other written agreement. Except as provided in Subsection B of this section, a skydiver or skydiver's representative may not maintain an action against or recover from a drop zone operator for loss, injury or death suffered by a skydiver resulting from the inherent risks of skydiving as follows:
(1) impact with the ground or with obstacles or structures on the ground;
(2) impact with persons;
(3) impact with aircraft;
(4) impact with airborne obstacles;
(5) weather conditions;
(6) parachute system malfunction or failure to function;
(7) parachute packing;
(8) unintended opening of a parachute;
(9) the skydiver's health condition; or
(10) skydiving training or use of a training device.
B. Subsection A of this section does not prevent or limit the liability of a drop zone operator if the drop zone operator:
(1) commits an act or omission that constitutes willful, wanton or reckless disregard for the safety of a skydiver and that act or omission proximately causes loss to, or injury or death of a skydiver; or
(2) intentionally injures the skydiver.
SECTION 8. [NEW MATERIAL] WARNING AND ACKNOWLEDGMENT REQUIRED.--
A. A drop zone operator providing skydiving activities to a skydiver, whether the activities occur on or off the site of an airport or established drop zone, shall have each skydiver sign a warning statement. The warning statement shall contain, at a minimum, the following:
"WARNING AND ACKNOWLEDGMENT
I understand and acknowledge that under New Mexico law, drop zone operators are NOT liable for loss to, or injury or death of a skydiver if the loss, injury or death results from the inherent risks of skydiving. Injuries caused by the inherent risks of skydiving include death, bodily and emotional injury and property damage. I assume all risks of participating in skydiving.".
B. A failure to provide to a skydiver the warning statement provided for in Subsection A of this section shall prevent a drop zone operator entity from invoking the immunity provided by this section with regard to that participant. However, a failure to provide the warning statement provided for in Subsection A of this section shall not affect rights conferred on a party pursuant to an assumption of risk form, waiver of liability, or indemnity or other written agreement.
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