General Aviation Revitalization Act
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The General Aviation Revitalization Act of 1994, also known by its initials GARA, is Public Law 103-298, an Act of Congress on Senate Bill S. 1458 (103rd Congress), amending the
Federal Aviation Act of 1958 The Federal Aviation Act of 1958 was an act of the United States Congress, signed by President Dwight D. Eisenhower, that created the Federal Aviation Agency (later the Federal Aviation Administration or the FAA) and abolished its predecessor, t ...
. It was intended to counteract the effects of prolonged
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has b ...
on
general aviation General aviation (GA) is defined by the International Civil Aviation Organization (ICAO) as all civil aviation aircraft operations with the exception of commercial air transport or aerial work, which is defined as specialized aviation services ...
aircraft manufacturers, by limiting the duration of their liability for the aircraft they produce. GARA is a
statute of repose A statute of repose (sometimes called a nonclaim statute), like a statute of limitations, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline. Statutes of repose exist in a number of contexts. Some jur ...
generally shielding most manufacturers of aircraft (carrying fewer than 20 passengers), and aircraft parts, from liability for most accidents (including injury or fatality accidents) involving their products that are 18 years old or older (at the time of the accident), even if manufacturer negligence was a cause. While GARA is considered a landmark event in the modern history of America's general aviation industry, debate continues over the effects and ethics of GARA. Clinton, William J., President of the United States,
Statement on Signing the General Aviation Revitalization Act of 1994, August 17, 1994
" online by Gerhard Peters and John T. Woolley, The Presidency Project online archives, Univ. of California at Santa Barbara.
Kovarik, Kerry V.,
A Good Idea Stretched Too Far: Amending the General Aviation Revitalization Act to Mitigate Unintended Inequities
" ''Seattle University Law Review'', Vol. 31, No. 4 (2008), Jan.2008, p.973, Seattle Univ. School of Law, Seattle, WA, US
PDF download
Angelley, William (attorney with aviation accident liability law firm Hightower/Angelley, LLP.)
General Aviation Revitalization Act of 1994
on October 25, 2011
The General Aviation Act: When it Comes to Product Liability, Don't Believe What They Claim
"
Public Citizen Public Citizen is a non-profit, Progressivism in the United States, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas, Austin, Texas. Lobbying efforts Public Citizen ...
(non-profit public -interest advocacy group) website.
Aubert, Garth W. and Michael A. Hession,
Trends and Developments: The General Aviation Revitalization Act
"

'' Aircraft Builders Council. (a legalistic dissertation on the evolving use and interpretation of the statute).
Truitt, Lawrence J. and Scott E. Tarry,

," in ''Transportation Journal'', June 22, 1995, American Society of Transportation and Logistics, Inc., as reproduced on the website ''FreePatentsOnline.com''
Rodengen, Jeffrey L., ed. by Elizabeth Fernandez & Alex Lieber, book: ''The Legend of Cessna'' (a detailed, documented history of Cessna Aircraft Company, supported by them; most references to this source are coupled with references to more independent sources), Write Stuff Enterprises, 2007, Ft.Lauderdale, Florida. Ch.15-16.Brady, Orla M., Esq.
The General Aviation Revitalization Act of 1994 - An Update
"* (excerpt), ''Journal of Air Law and Commerce'' (71 J. Air L. & Com. 411), Summer, 2006, Southern Methodist University School of Law, Dallas, Texas, as posted on LexisNexis.com; also listed for sale a
SMU Law Review Archives
.

before the National Civil Aviation Review Commission (USA), May 28, 1997.
General Aviation Manufacturers' Assn. (the industry's primary lobbying organization)
General Aviation Revitalization Act
as downloaded 2014-02-17, Washington, D.C.


History


General aviation industry decline in the 1980s and 1990s


Manufacturing downturn

General aviation General aviation (GA) is defined by the International Civil Aviation Organization (ICAO) as all civil aviation aircraft operations with the exception of commercial air transport or aerial work, which is defined as specialized aviation services ...
aircraft production in the U.S. -- following its 30-year peak in the late 1970s—dropped sharply over the next few years to a fraction of its original volume
2009 General Aviation Statistical Databook & Industry Outlook
'' Table 1.7, "U.S.-Manufactured General Aviation Airplanes: Units Shipped, Net Factory Billings and Companies Reporting," General Aviation Manufacturers Association (GAMA), Washington, D.C., as posted by the Bureau of Transportation Statistics, U.S. Dept. of Transportation, Washington, D.C.
—from approximately 18,000 units in ''1978''Collins, Richard
"Mayday! The declining pilot,"
October, 2012, ''Air Facts Journal,'' retrieved April 24, 2018
to 4,000 units in ''1986.'' to 928 units in ''1994.'' (In a 1993 speech, Sen. John McCain said "nearly 500 last year '1992''.) General aviation aircraft manufacturers in the 1980s and 1990s began to terminate or reduce production of their piston-powered propeller aircraft, or struggled with solvency. McCain, John, U.S. Senator (R-Arizona),
General Aviation Revitalization Legislation
", speech before the U.S. Senate, November 9, 1993, Washington, D.C.
Kronemer, Alexander and J. Edwin Henneberger
Productivity in aircraft manufacturing
" ''Monthly Labor Review,'' June, 1993, Bureau of Labor Statistics, U.S. Dept. of Commerce.
Kister, Thomas H.,
General Aviation Revitalization Act: Its Effect on Manufacturers
" ''Defense Counsel Journal'', January 1998, Vol. 65, No. 1
Franson, Dave,
Did Economics And Politics Cut The Heart Out Of Personal Aviation?
" ''Forbes'' magazine blog, August 29, 2012
At the time, industry analysts estimated that the U.S. decline in general aviation aircraft manufacturing eliminated somewhere between 28,000 and 100,000 jobs—as unit production dropped by 95% between the 1970s peak and the early 1990s—sharply different from other segments of the global aerospace industry, where U.S. market share was still strong.


Product liability costs

Those manufacturers reported rapidly rising
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has b ...
costs, driving aircraft prices beyond the market, and they said their production cuts were in response to that growing liability.McNatt, Christopher C., Jr. and Steven L. England,
SYMPOSIUM ON THE GENERAL AVIATION REVITALIZATION ACT: The Push for Statutes of Repose in General Aviation
" ''Transportation Law Journal,'' 23 Transp. L. J. 323, University of Denver, 1995, as posted on LexisNexis.com
''AOPA Pilot'' staff, "Cessna Suspends Production of All Piston Models," ''AOPA Pilot'' magazine, July 1986, pp.24-25, Aircraft Owners & Pilots Association, Washington, D.C. Average cost of manufacturer's liability insurance for each airplane manufactured in the U.S. had risen from approximately $50 per plane in 1962 to $100,000 per plane in 1988, according to a report cited by the Bureau of Labor Statistics, a 2,000-fold increase in 24 years. Rising claims against the industry triggered a rapid increase in manufacturers' liability insurance premiums during the 1980s. Industry-wide, in just 7 years, the manufacturers' liability premiums increased nearly nine-fold, from approximately $24 million in 1978 to $210 million in 1985. Insurance underwriters, worldwide, began to refuse to sell product liability insurance to U.S. general aviation manufacturers. By 1987, the three largest GA manufacturers claimed their annual costs for product liability ranged from $70,000 to $100,000 per airplane built and shipped that year.


Product liability factors

Industry representatives and analysts variously blamed one or more of three general factors for rising product liability costs: # Long-lived products - General aviation aircraft manufacturers chiefly specialized in small and light aircraft which often remained in operation for several decades after their manufacture, much longer than automobiles or even most
commercial aviation Commercial aviation is the part of civil aviation that involves operating aircraft for remuneration or hire, as opposed to private aviation. Definition Commercial aviation is not a rigorously defined category. All commercial air transport and ae ...
airliners. # Higher fatality rate (per passenger, per mile traveled) for general aviation aircraft than most other forms of transportation.Harris, Richard,
Safe Airplane -- NOT!
" from ''In Flight USA,'' July 2007, as reproduced on the ''Aviation Answer-Man'' website

" downloaded from Embry-Riddle Aeronautical University website, May 27, 2013, which notes: "In 2009, general aviation (GA) was responsible for approximately 95% of civil aviation accidents and 89% of fatalities."

from the 2011 "Wish List", National Transportation Safety Board, 2011, as viewed May 27, 2013
# Changes in the legal system including the rise of the rule of strict liability, increasingly applied by courts nationwide during the 1960s and 1970s, so that aircraft
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has b ...
lawsuits became a rapidly rising area of specialty for the legal profession in the 1980s, with some attorneys successfully specializing in targeting general aviation aircraft manufacturers and insurers.


Other changes to general aviation economics

However, other economics of general aviation had also begun to erode the market for light aircraft, including:Wensveen, J.G.,
Air transportation:a management perspective
" (Google eBook), Ashgate Publishing, Ltd., 2007
rising insurance rates and restrictions for aircraft manufacturers, owners, operators, and maintenance providers, largely in response to the accident-liability issues; inflation and recession, and rising interest rates in the general economy; termination of the investment tax credit for light aircraft purchases; aircraft market saturation (due partly to accumulated numbers of old, but still flyable, light aircraft built in abundance during the industry's economically favorable "boom" years);
kitplane Homebuilt aircraft, also known as amateur-built aircraft or kit planes, are constructed by persons for whom this is not a professional activity. These aircraft may be constructed from "scratch", from plans, or from assembly kits.Armstrong, Kenn ...
and foreign aircraft competition (and inadequate response by US manufacturers);
TOPIC 04 General Aviation Revitalization
'' in

', National Aeronautics and Space Administration (NASA)
Ladomirak, Deborah C., William L. Greene and Diane Manifold,
Competitive assessment of the U.S. commuter and business aircraft industries
'' Report on Investigation No. 332-204, Under Section 332 of the Tariff Act of 1930, USITC Publication 1817,
United States International Trade Commission The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
, March 1986, as reproduced by GoogleBooks.com
declines in consumer discretionary income; the changing demographics of income and wealth distribution, reducing the number of potential buyers; sharply increased fuel costs; urban sprawl competing with airport space; and regulatory restrictions. The 1981 labor-relations battle between President Reagan and FAA air traffic controllers, and Reagan's subsequent firing of most U.S. air traffic controllers, resulted in significant reductions of U.S. flight operations—particularly in general aviation, which was subjected to a new system of "flow control" regulating flights from busy airports, undermining the utility of general aviation in the U.S."Chapter 4: Aviation Growth Scenarios,"
from

' January 1982,
Office of Technology Assessment The Office of Technology Assessment (OTA) was an office of the United States Congress that operated from 1974 to 1995. OTA's purpose was to provide congressional members and committees with objective and authoritative analysis of the complex scien ...
, Washington, D.C., Library of Congress Catalog Card Number 82-600545, NTIS order #PB82-207606; particularly "Strike Impacts", pp.57-58.
Safety in the Air
" October 19, 1984, ''CQ Research'',
Congressional Quarterly Congressional Quarterly, Inc., or CQ, is part of a privately owned publishing company called CQ Roll Call that produces a number of publications reporting primarily on the United States Congress. CQ was acquired by the Economist Group and combined ...
, CQ Press, Washington, D.C
Mark, Robert P.
"Control issues: 25 years after the Patco strike,"
December 18, 2006, ''Aviation International News'' at AINonline.com, retrieved April 24, 2018
Manning, Jason

from '' he Eighties Club: The Politics and Pop Culture of the 1980s'' 2000, retrieved April 24, 2018
Also cited by some was an unsustainable surge in student pilots, triggered by the proposed elimination of government-funded private pilot training under the GI Bill for military veterans—with veterans scrambling to get the training while it was still available. The surge, some analysts have indicated, consumed most of the veterans' demand for flight-training that ''would'' have been spread out over ''several'' years ''if'' there had been no fear of program discontinuance. This surge in student (and subsequently licensed private) pilots also triggered a transient surge in orders for light aircraft—for training and personal use—which also quickly consumed the veteran-related aircraft demand that would normally have been spread out more evenly over several years—creating, instead, a sudden, fleeting "peak" in aircraft purchases in the late 1970s, in place of what might otherwise have been a lower, longer, more-even "plateau" in the data.


Cumulative effect on manufacturers

As a consequence of these factors, apparently, general aviation aircraft manufacturers began to experience sharply declining revenues and rising costs, in the 1980s, with resulting declines in income, and rising
contingent liabilities In accounting, contingent liabilities are liabilities that may be incurred by an entity depending on the outcome of an uncertain future event such as the outcome of a pending lawsuit. These liabilities are not recorded in a company's account ...
.


General aviation manufacturers' changes

The three leading general aviation aircraft manufacturers (accounting for over half of U.S. general aviation aircraft production) underwent major negative changes, which each blamed at least partially on rising product liability costs. Specifically:
Cessna Aircraft Company Cessna () is an American brand of general aviation aircraft owned by Textron Aviation since 2014, headquartered in Wichita, Kansas. Originally, it was a brand of the Cessna Aircraft Company, an American general aviation aircraft manufacturing c ...
, long the world's highest-volume aircraft producer, and largest general aviation aircraft manufacturer, posted its first-ever annual loss, in 1983. Following acquisition by General Dynamics Corporation in September 1985, Cessna suspended all propeller aircraft production in 1986 (except the Cessna 208 Caravan commercial/utility turboprop). Cessna Chairman Russell W. Meyer, Jr. said it was in response to rising product liability costs, and Meyer promised to return Cessna to propeller aircraft production if (and when) the Congress passed satisfactory changes in product liability law. In the meantime, Cessna shifted its focus to business jets and commercial/utility turboprop aircraft. Piper Aircraft went in and out of bankruptcy, under various names, suspending or eliminating some long-popular models from its product line, such as the 2-seat
Piper Super Cub The Piper PA-18 Super Cub is a two-seat, single-engine monoplane. Introduced in 1949 by Piper Aircraft, it was developed from the PA-11 Cub Special, and traces its lineage back through the J-3 Cub to the Taylor E-2 Cub of the 1930s. In close ...
(one of the longest-built airplanes in the world),Piper Super Cub
on website of Piper Owners' Organization, viewed May 27, 2013

, Piper Flyer Assn., Jan4,2013 (viewed May 27, 2013)
and 6-seat
Piper PA-32 The Piper PA-32 Cherokee Six is a series of single-engine, fixed landing gear, light aircraft manufactured in the United States by Piper Aircraft between 1965 and 2007.Plane and Pilot: ''1978 Aircraft Directory'', page 63. Werner & Werner Cor ...
"Cherokee Six"/"Saratoga". D. Lee Johnson & Associates, Attorneys,
Lawsuits Again Threaten Piper Aircraft
" October 22, 2000, Toledo, OH; (also online at
Rochelle McCullough, L.L.P., Attorneys at Law, Dallas TX
,
Beech Aircraft Beechcraft is an American brand of civil aviation and military aircraft owned by Textron Aviation since 2014, headquartered in Wichita, Kansas. Originally, it was a brand of Beech Aircraft Corporation, an American manufacturer of general aviati ...
was acquired by
Raytheon Corporation The Raytheon Company was a major U.S. defense contractor and industrial corporation with manufacturing concentrations in weapons and military and commercial electronics. It was previously involved in corporate and special-mission aircraft unti ...
(and renamed Raytheon Aircraft), and shifted its emphasis away from general aviation propeller aircraft, like the
Beech Bonanza The Beechcraft Bonanza is an American general aviation aircraft introduced in 1947 by Beechcraft, Beech Aircraft Corporation of Wichita, Kansas. The six-seater, single-engined aircraft is still being produced by Beechcraft and has been in con ...
and
Beech Baron The Beechcraft Baron is a light twin-engined piston aircraft designed and produced by Beechcraft. The aircraft was introduced in 1961. A low-wing monoplane developed from the Travel Air, it remains in production. Design and development The di ...
, and discontinuing all other piston-propeller aircraft models (from 2-seat, single-engine Model 77 Beech Skipper trainer to 7-seat, twin-engine, pressurized Model 60 Beech Duke), shifting company emphasis towards professionally operated corporate turboprops and business jets, and small military and commercial aircraft.


General aviation aircraft shortages

As a consequence of these changes, and others, the general aviation industry began to suffer from a shortage of new aircraft, particularly for training, rental and charter use. The three main training planes of the industry in the 1980s, the two-seat
Cessna 152 The Cessna 152 is an American two-seat, fixed- tricycle-gear, general aviation airplane, used primarily for flight training and personal use. It was based on the earlier Cessna 150 incorporating a number of minor design changes and a slightly ...
,
Piper Tomahawk The Piper PA-38-112 Tomahawk is a two-seat, fixed tricycle gear general aviation airplane, originally designed for flight training, touring and personal use. Design and development The Tomahawk is a single-engined low-wing cantilever monoplane ...
, and
Beechcraft Skipper The Beechcraft Model 77 Skipper is a two-seat, fixed tricycle gear general aviation airplane, originally designed for flight training but also used for touring and personal flying.Montgomery, M.R. and Gerald Foster: ''A Field Guide to Airplan ...
, were all removed from the market in the mid-1980s, and none of them ever returned.


GARA promoted and opposed

During the 1980s and 1990s, under the leadership of Cessna Chairman Russ Meyer and GAMA President Ed Stimpson, the industry pressured Congress, for several years, to enact limits on aircraft manufacturers'
product liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has b ...
. The proposed legislation became known as the "General Aviation Revitalization Act (GARA). Proponents (advocates) included: * the
General Aviation Manufacturers Association The General Aviation Manufacturer's Association (GAMA) is the industry trade association representing general aviation (non-military & non-airliner) aircraft manufacturers and related enterprises, chiefly in the United States.General Aviation Manufa ...
(GAMA), particularly represented by Russ Meyer, Cessna's Chairman & CEO;Cessna Aircraft Company, in
National Aviation Hall of Fame The National Aviation Hall of Fame (NAHF) is a museum, annual awards ceremony and learning and research center that was founded in 1962 as an Ohio non-profit corporation in Dayton, Ohio, United States, known as the "Birthplace of Aviation" with it ...
(NAHF) biography note,
Russell W. Meyer, Jr.
Promoter/Advocate, Enshrined 2009" Washington, DC, July 18, 2009,
National Aviation Hall of Fame The National Aviation Hall of Fame (NAHF) is a museum, annual awards ceremony and learning and research center that was founded in 1962 as an Ohio non-profit corporation in Dayton, Ohio, United States, known as the "Birthplace of Aviation" with it ...
(NAHF) website, Dayton, Ohio
National Business Aircraft Association The National Business Aviation Association (NBAA) is a non-profit, 501(c)(6) organization based in Washington, DC, United States. NBAA’s mission, according to the non-profit data and transparency organization GuideStar, is: “to foster an en ...
(NBAA) press release,
NBAA Congratulates Aviation Legend Russ Meyer on Hall of Fame Induction
" Washington, DC, July 18, 2009
* the Aircraft Owners & Pilots Association (AOPA), the main U.S. organization for owners and pilots of general aviation aircraft. * the
International Association of Machinists and Aerospace Workers The International Association of Machinists and Aerospace Workers (IAM) is an AFL–CIO/ CLC trade union representing approx. 646,933 workers as of 2006 in more than 200 industries with most of its membership in the United States and Canada. Or ...
Union (IAM)/(IAMAW) - the labor union representing workers at several general aviation manufacturers' factories; * Kansas politicians, led by U.S. Senator
Nancy Kassebaum Nancy Jo Kassebaum Baker (née Landon; born July 29, 1932) is an American politician who represented the State of Kansas in the United States Senate from 1978 to 1997. She is the daughter of Alf Landon, who was Governor of Kansas from 1933 to 1 ...
(Kansas is the nation's leading producer of general aviation aircraft);Harris, Richard, "Kansas Aviation History: The Long Story", ''Kansas Aviation Centennial'' Committee website, as posted ca.Sept.2011. Opponents included (chiefly): * Lawsuit attorneys, represented by the
Association of Trial Lawyers of America The American Association for Justice (AAJ), formerly the Association of Trial Lawyers of America (ATLA) is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the United States. Focused on opposing tort reform, the organizati ...
(ATLA). The proposed legislation directly threatened their power and wealth, and would create a potentially wide-ranging precedent that could lead to similar legislation affecting lawsuits over other products and issues. * Public-interest / consumer advocacy groups, including
Public Citizen Public Citizen is a non-profit, Progressivism in the United States, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas, Austin, Texas. Lobbying efforts Public Citizen ...
. However, Rodengen quotes GAMA President Ed Stimpson as claiming that simplification of the bill, eliminating all aspects but the
statute of repose A statute of repose (sometimes called a nonclaim statute), like a statute of limitations, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline. Statutes of repose exist in a number of contexts. Some jur ...
, won "additional support" of "consumer organizations". Promoters included Members of Congress. Some, with connections to general aviation were among the forces mobilized to pass the legislation, including: * U.S. Senator Nancy Landon Kassebaum (R-Kansas) from the home state of Cessna, Beech Aircraft/Raytheon Aircraft, the Learjet division of
Bombardier Aerospace Bombardier Aviation is a division of Bombardier Inc. It is headquartered in Dorval, Quebec, Canada. Its most popular aircraft included the Dash 8 Series 400, CRJ100/200/440, and CRJ700/900/1000 lines of regional airliners, and the newer CS ...
, and
light sport aircraft A light-sport aircraft (LSA), or light sport aircraft, is a fairly new category of small, lightweight aircraft that are simple to fly. LSAs tend to be heavier and more sophisticated than ultralight (aka "microlight") aircraft, but LSA restrictio ...
manufacturer Rans Designs. Kassebaum led the Congressional effort, and co-sponsored the legislation with Rep. Glickman (below). Kassebaum gathered more than 60 "co-sponsors" for the bill in the 100-seat, Democrat-dominated
U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
.Bruner, Borgna, ed., table:"Composition of Congress by Political Party, 1855-2005, pp.79-80 in ''Time Almanac 2006,'', Information Please (Pearson), Boston, Mass./ Time Inc., Des Moines, Iowa * U.S. Representative
Dan Glickman Daniel Robert Glickman (born November 24, 1944) is an American politician, lawyer, lobbyist, and nonprofit leader. He served as the United States Secretary of Agriculture from 1995 until 2001, prior to which he represented as a Democrat in Con ...
(D-Kansas) from Wichita, "the Air Capital City" the hometown of Cessna, Beech Aircraft/Raytheon Aircraft, and the Learjet division of Bombardier Aerospace, and many other aviation enterprises. Glickman co-sponsored the legislation with Sen. Kassebaum (above), and aided by Rep.
James V. Hansen James Vear Hansen (August 14, 1932 – November 14, 2018) was an American Republican politician from Utah, who was a member of the United States House of Representatives from 1981 to 2003. Early life and education Hansen was born in Salt Lake C ...
(below) gathered more than 300 "co-sponsors" for the bill in the Democrat-dominated, 435-seat
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. * U.S. Representative
James V. Hansen James Vear Hansen (August 14, 1932 – November 14, 2018) was an American Republican politician from Utah, who was a member of the United States House of Representatives from 1981 to 2003. Early life and education Hansen was born in Salt Lake C ...
(R-Utah), who successfully persuaded GARA backers (particularly GAMA) to support a simpler bill, and then helped Rep. Glickman acquire more than 300 "co-sponsors" for the bill in the House of Representatives. * U.S. Senator
James Inhofe James Mountain Inhofe ( ; born November 17, 1934) is an American politician serving as the senior United States senator from Oklahoma, a seat he was first elected to in 1994. A member of the Republican Party, he chaired the U.S. Senate Committe ...
(R-Oklahoma), a general aviation pilot from the home state of
Aero Commander Aero Commander was an aircraft manufacturer formed in 1944. In subsequent years, it became a subsidiary of Rockwell International and Gulfstream Aerospace. The company ceased aircraft production in 1986. History Aero was formed in Culver City, ...
/ Commander Aircraft, who provided substantial support to the proposed legislation.The Aircraft Owners & Pilots Association, say
this about Inhofe
a "major force behind ongressionalpassage" of the GARA.
Congressional support included: * U.S. Senator John McCain (R-Arizona), a retired career Naval aviator, who gave a sponsoring speech in favor of the GARA, Nov.11, 1993 on the floor of the U.S. Senate. * U.S. Senator Kay Bailey Hutchison (R-Texas), who offered a defense to Sen. Metzenbaum's critique, remarks, March 16, 1994 on the floor of the U.S. Senate.Metzenbaum, Howard, U.S. Senator
remarks before the U.S. Senate
Congressional Record, Volume 140 Issue 29 (Wednesday, March 16, 1994)
Congressional opposition included: *
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
* House Judiciary Committee * U.S. Representative Jack Brooks (D-Texas), Chairman of the House Judiciary Committee, who had a reputation for blocking liability reform. Brooks' committee sat on the bill, initially, but when it appeared his committee might be bypassed by a
discharge petition In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bil ...
, Brooks scheduled hearings on the bill in his committee, which eventually passed the GARA with amendments. * U.S. Senator
Howard Metzenbaum Howard Morton Metzenbaum (June 4, 1917March 12, 2008) was an American politician and businessman who served for almost 20 years as a Democratic member of the U.S. Senate from Ohio (1974, 1976–1995). He also served in the Ohio Hous ...
(D-Ohio), who gave a detailed speech, March 16, 1994 on the floor of the U.S. Senate, critiquing the proposed provisions of the GARA. * U.S. Senator
Fritz Hollings Ernest Frederick "Fritz" Hollings (January 1, 1922April 6, 2019) was an American politician who served as a United States senator from South Carolina from 1966 to 2005. A conservative Democrat, he was also the 106th governor of South Carolina, ...
(D-South Carolina), who objected to Sen. Kassebaum's attempt to attach the GARA as an amendment to his regular Fiscal 1994 FAA Reauthorization Bill. Hollings finally agreed to support a version of GARA, as a separate bill, that delayed protection from the original 15 years to the finally-successful 18 years. The bill's language was reportedly drafted by Sen. Kassebaum (R-Kansas), Rep. Glickman (D-Kansas) and GAMA/Cessna Chairman Russ Meyer, with Meyer pushing for simplification to a bill focused only on a
statute of repose A statute of repose (sometimes called a nonclaim statute), like a statute of limitations, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline. Statutes of repose exist in a number of contexts. Some jur ...
, and no other purpose. Meyer also promoted the bill as a "jobs" bill, to win the support of aircraft industry unions and other organized labor, traditionally popular with Democrats (who, at the time, controlled both houses of Congress). However, in a January 2008 article in the ''Seattle Univ. Law Review'', Kerry Kovarik argues that the exact language of the final draft of the Act exceeded the intent of Congress, as indicated by the generating committees and the Congressional debate record, creating "inequities" and poor judicial interpretations, with unintended negative consequences for crash victims, far beyond what Congress intended, to include any aircraft with less than 20 passenger seats, operated in any activity other than scheduled commercial service, including helicopters and business jets, despite a lack of Congressional discussion of those exemptions.


GARA passed

The General Aviation Revitalization Act was passed by the Congress in 1994, and signed by President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
in a White House ceremony August 17, 1994. The final law exempted manufacturers of general aviation aircraft (aircraft with less than 20 passenger seats, not operated in scheduled commercial service), and their component parts, from liability for any of their products that were 18 years old or older at the time of the accident. Certain exceptions apply: * If the manufacturer withheld or concealed information from the FAA, or misrepresented information, that is directly related to the accident's cause; * If the accident victim is a passenger on an air ambulance flight, or otherwise in flight, to get medical treatment; * If an otherwise-exempt aircraft killed or injured someone not aboard the aircraft (e.g.: a person on the ground, struck by the aircraft); or * In suits over a written warranty involving an otherwise-exempt aircraft. Further, the statute is a "rolling" statute: The "clock" resets when modified or replacement parts are installed, so that a 20-year-old aircraft may still be the object of a successful suit against a manufacturer if it contains manufacturer modifications or parts installed within the last 18 years.


Outcomes

There is debate about the results of the GARA. Some believe it has revitalized the industry, and some believe it has made little difference, even encouraging continued or resumed production of high-risk vehicles.


Manufacturing outcomes

Following passage of the GARA, U.S. general aviation aircraft production, in units, roughly doubled in five years, but still remained ''far'' below the 1970s production quantities (see graph). Meanwhile, contrary to an implied goal of GARA, average general aviation aircraft prices continued to rise. This was largely attributable to the shift of GA manufacturers towards building high-end turbine (turboprop and jet) business and luxury aircraft, while keeping piston aircraft productions at a small fraction of their 1970s levels. The manufacturers were able to get increased income with smaller numbers of far-more-expensive airplanes (see graph). The "big three" GA planemakers reacted to the enactment of GARA in differing ways: Cessna, in 1997, resumed very limited propeller aircraft production of its two most popular (and statistically safest) models that had been suspended in 1986; the
172 Year 172 ( CLXXII) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Scipio and Maximus (or, less frequently, year 925 '' Ab urbe condita ...
and
182 Year 182 ( CLXXXII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sura and Rufus (or, less frequently, year 935 ''Ab urbe condita'') ...
. In 1998, they resumed the 206. Cessna Chairman and CEO Russell W. Meyer said it was in response to passage of GARA, and in keeping with his "promise". However, Cessna did not resume production of most of its propeller aircraft line; including its most efficient and high-performance piston-propeller aircraft, or any of its twin-engined propeller aircraft. Cessna continued to focus chiefly on business jets and commercial/utility turboprop aircraft.Busch, Mike
"The New Cessna Singles - Who's Going to Buy Them?"
May 8, 1997, ''AVweb''.
Piper Aircraft (alias "New Piper Aircraft") continued in and out of troubles, but continued producing the types that had survived during the 1980s; and restored some that it had cut from its product line, such as the single-engine PA-32, reintroduced in 1995, the year after GARA was enacted; and twin-engine
Seneca Seneca may refer to: People and language * Seneca (name), a list of people with either the given name or surname * Seneca people, one of the six Iroquois tribes of North America ** Seneca language, the language of the Seneca people Places Extrat ...
and
Seminole The Seminole are a Native American people who developed in Florida in the 18th century. Today, they live in Oklahoma and Florida, and comprise three federally recognized tribes: the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, ...
. Some credit GARA with helping New Piper to emerge from bankruptcy and survive.Miller, William H.,
Brighter Skies For General Aviation: Fractional ownership and other trends help the industry climb out of a 15-year nosedive
" ''IndustryWeek'' magazine, Dec. 21, 2004
Beechcraft (by then renamed Raytheon Aircraft) continued production of the two piston-engine aircraft models that had survived the pre-GARA shakeout, the Bonanza and Baron, but never resumed production of any of the types that it had cut during the GARA debate. The
General Accounting Office The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal gover ...
of the U.S. Congress estimated, after GARA's passage, that 25,000 new jobs had been created, exactly the quantity predicted at the hearings. However, the public-interest advocacy group
Public Citizen Public Citizen is a non-profit, Progressivism in the United States, progressive consumer rights advocacy group and think tank based in Washington, D.C., United States, with a branch in Austin, Texas, Austin, Texas. Lobbying efforts Public Citizen ...
has cited testimony March 1997 by Cessna senior vice president John E. Moore, before the Senate Commerce Committee, March 6, 1997, acknowledging that Cessna's product liability costs had not been reduced after the passage of the GARA. In fact, purchase prices of various types of light aircraft (including some Piper, Beech and reintroduced Cessna models) went up sharply during the early years of GARA, leaving doubt about industry representatives' claims that GARA would cut airplane prices.


Liability diffusion

Since GARA, attorneys have begun pressing other segments of the general aviation industry and community as alternative defendants to the manufacturers, including: * parts manufacturers * maintenance organizations * flight instructors and utility/charter pilots * flight schools * aircraft owners' insurance and personal assets (This list includes "FBOs" (
fixed-base operator A fixed-base operator (FBO) is an organization granted the right by an airport to operate at the airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft maintenance, flight instruction, ...
s) typically airport-based aviation service businesses providing flight training, charter flying, rental aircraft, aircraft storage, fueling and/or maintenance.) The result of shifted liability focus has been an increase in costs elsewhere in the industry, and directly to aircraft owners and pilots, and their estates.


Safety outcomes

Economists Eric Helland ( Claremont McKenna College) and Alexander Tabarrok ( George Mason University) have argued that the outcomes of GARA demonstrate that product liability limits motivate safer behavior by consumers.Helland, Eric A. and Alexander Tabarrok,
Product Liability and Moral Hazard: Evidence from General Aviation
" ''Journal of Law and Economics,'' 2012, vol. 55, issue 3, pages 593 - 630, available

o
on JSTOR.org
/ref>Tabarrok, Alex (blog)

" February 19, 2013.
However, others have argued that safety improvement in general aviation have been chiefly the result of a market shift away from owner-flown aircraft, towards professionally operated aircraft, and due to other changes, such as improving technology, advances in pilot education and training, and better operating methods and practices."General Aviation Safety: Additional FAA Efforts Could Help Identify and Mitigate Safety Risks
, GAO-13-36
General Accounting Office The U.S. Government Accountability Office (GAO) is a legislative branch government agency that provides auditing, evaluative, and investigative services for the United States Congress. It is the supreme audit institution of the federal gover ...
of the U.S. Congress, Oct 4, 2012, Washington, D.C.
"General Aviation Safety Record"
"Let's Go Flying" section of Aircraft Owners & Pilots Association website, viewed May 27, 2013
A reduction in flight hours, owing to economic factors, is also suspected to contribute to a decline in accidents.Fact Sheet – General Aviation Safety
" on the website of the
Federal Aviation Administration The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic ...
, as viewed May 27, 2013


References

{{Reflist, 30em


External links


GARA: The General Aviation Revitalization Act of 1994 (Public Law 103-298)
" ''AVweb.com,'' complete text of the 1994 law, as provided by The Editors of AVweb, from documents Provided by the U.S. Department of Transportation, January 14, 2001 * Clinton, William J., President of the United States,
Statement on Signing the General Aviation Revitalization Act of 1994, August 17, 1994
" online by Gerhard Peters and John T. Woolley, The Presidency Project online archives, Univ. of California at Santa Barbara. * C-SPAN Video,
House Session June 27, 1994
" video and notes,
C-SPAN Video Library C-SPAN Video Library is the audio and video streaming website of C-SPAN, the American legislative broadcaster. The site offers a complete, freely accessible archive going back to 1987. It was launched in March 2010, and was integrated into the ...
, Washington, D.C. (video of House of Representatives discussion of GARA and other topics.). *Kovarik, Kerry V.,
A Good Idea Stretched Too Far: Amending the General Aviation Revitalization Act to Mitigate Unintended Inequities
" ''Seattle University Law Review'', Vol. 31, No. 4 (2008), Jan.2008, p.973, Seattle Univ. School of Law, Seattle, WA, US
PDF download
*Ladomirak, Deborah C., William L. Greene and Diane Manifold,
Competitive assessment of the U.S. commuter and business aircraft industries
'' Report on Investigation No. 332-204, Under Section 332 of the Tariff Act of 1930, USITC Publication 1817,
United States International Trade Commission The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...
, March 1986, as reproduced by GoogleBooks.com *Truitt, Lawrence J. and Scott E. Tarry,
The rise and fall of general aviation: product liability, market structure, and technological innovation
*Aubert, Garth W. and Michael A. Hession,
Trends and Developments: The General Aviation Revitalization Act
"

'' Aircraft Builders Council. (a legalistic dissertation on the evolving use and interpretation of the statute). United States federal commerce legislation