§ 8-21-3-7 — Nonresidents

Indiana § 8-21-3-7

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 3: Aircraft Financial Responsibility Act

Text

(a) The provisions of this chapter shall apply to
any person who is not a resident of this state under the same
circumstances as they would apply to a resident, and, in such event,
such a nonresident shall not operate any aircraft in this state nor shall
any aircraft owned by the nonresident be operated in this state, unless
and until such nonresident, or the owner of the aircraft, if another
person, has complied with the requirements of this chapter with respect
to security and proof of financial responsibility covering such aircraft.
(b) The operation by a nonresident, or by the nonresident's duly
authorized agent, of an aircraft in this state shall be deemed equivalent
to an appointment by such nonresident of the secretary of state, or the
secretary of state's successor in office, to be the nonresident's true and
lawful attorney upon whom may be served all lawful processes in any
action or proceeding against the nonresident, growing out of any
aircraft accident in which such nonresident may be involved while so
operating or so permitting to be operated an aircraft in this state, and
such operation shall be signification of the nonresident's agreement that
any such process against the nonresident, which is so served, shall be
of the same legal force and validity as if served upon the nonresident
personally. Such action may be filed in the county of the residence of
the plaintiff or in the county where the accident occurred, at the
election of the plaintiff, and service of such process shall be made by
leaving a copy thereof, with the fee set forth in IC 23-0.5-9-56, for such
defendant to be served, with the secretary of state, or in the secretary
of state's office, and such service shall be sufficient service upon such
nonresident, provided that notice of such service and a copy of the
process are forthwith sent by registered mail to the defendant and the
defendant's return receipt is appended to the original process and filed
therewith in the court. In the event that the defendant refuses to accept
or claim such registered mail, then such registered mail shall be
returned by the secretary of state to the plaintiff or to the plaintiff's
attorney, and the same shall be appended to the original process,
together with an affidavit of the plaintiff or of the plaintiff's attorney or
agent to the effect that such summons was delivered to the secretary of
state, together with the fee set forth in IC 23-0.5-9-56, and was
thereafter returned unclaimed by the postoffice department, and such
affidavit, together with the returned affidavit including said summons,
shall be considered sufficient service upon such nonresident defendant.
The court in which the action is brought may order such continuances
as may be reasonable to afford the defendant opportunity to defend the
action.
(c) No insurance policy or bond shall be effective under section 4
of this chapter in the case of an aircraft owned or operated by a
nonresident in this state at the time of the accident or at the effective
date of the policy or bond, or the most recent renewal thereof, unless
the insurance company or surety company, if not authorized to do
business in this state, shall execute a power of attorney authorizing the
secretary of state to accept service on its behalf of notice or process in
any action upon such policy or bond arising out of such accident.
Formerly: Acts 1951, c.267, s.7; Acts 1953, c.85, s.4. As
amended by P.L.66-1984, SEC.137; P.L.50-2024, SEC.6.