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ADELAIDE Level 1, 192 Melbourne Street,
North Adelaide SA 5006Tel. (08) 8267 2875
Fax. (08) 8361 8299PO Box 3002
North Adelaide SA 5006
MELBOURNESuite 1, 43 Railway RoadBlackburn Victoria 3130
Tel. (03) 8841 3300Freecall. 1800 670 411
Fax. (03) 9894 1115PO Box 205
Blackburn VIC 3130
PSB INSURANCE BROKERS PTY LTD
ACN 053 015 311AFSL No. 241402
Members of the NationalInsurance Brokers [email protected]
www.psbgroup.com.au
Does your insurance policy give you a soft landing?
PROTECTINg YOUR ASSETS
This policy is a responsible and cost effective measure for the benefit of members and (indirectly) the general public. However, this policy was never intended as a total insurance solution and careful thought by each member will be necessary regarding the need for additional insurances.
We recommend that every RA-Aus registered aircraft owner or operator should seek individual and detailed insurance advice. We also recommend that every member obtains and studies a complete copy of the policy terms and conditions. A copy of the policy is povided on the RA-Aus website at http://www.raa.asn.au/docs/index.html#insurance for your convenience.
FOR THE ABOVE REASONS, WE RECOMMEND THAT ADDITIONAL INDIVIDUAL INSURANCE SHOULD BE MAINTAINED BY MEMBERS.
DISCLAIMER
The details appearing in this article are to be read purely as a very basic summary of some aspects of Recreational Aviation Aust. Member’s Liability policy. As circumstances will vary, individuals MUST NOT rely on this information but MUST obtain specific and detailed advice. Thus, no warranty is made as to the accuracy of any details contained in this article.
FOR FURTHER DETAILS OR TO OBTAIN A qUOTATION PLEASE CONTACT:
gEOFF TONKIN AviAtion insurAnce mAnAgerTel: (08) 8267 2875 Mob: 0457 815 727E-mail: [email protected]: (08) 8361 8299
KIMBERLEY STRONgMANAccount executiveTel: (08) 8267 2927E-mail: [email protected]: (08) 8361 8299
KATE KAYoFFice mAnAgerTel: (03) 8841 3300E-mail: [email protected]: (03) 9894 1115
ROBERT VINEYmAnAging directorTel: (03) 8841 3300E-mail: [email protected]: (03) 9894 1115
MESSAgE FROM THE CEOAs you are aware, RA-Aus through the assistance of our broker, PSB Insurance Brokers, have provided a cost effective Liability Insurance coverage for its members as part of the Annual Membership Fee.
Following consultation with PSB, I thought I’d attempt to clarify the extent of coverage provided to members against potential claims for injury and/or death by passengers.
You may be aware when travelling commercially in Australia, a passenger is afforded protection under a governing act, the Civil Aviation Carriers Liability Act, (CACL Act) which provides protection for passengers up to a limit of $500,000 in the event they are injured as a result of an accident. This Act provides compensation where negligence does not have to be proven. It should be noted however, that the passenger or their beneficiary in the event of injury or death would still need to quantify their financial loss.
The CACL Act only applies to passengers on commercial flights operated by the holder of an Air Operators Certificate (AOC). All other flight activity operates under Common Law with or without supporting insurance cover. Common Law is not limited to a monetary amount. It is up to a court to decide.
Under private operations, as is the case with recreational flying, this Act does not apply and a passenger or its beneficiaries are only able to sue under Common Law. Negligence must be proven against the operator/pilot and again, the passenger would still need to quantify their financial loss.
It is important to note that if a claim is made by an injured passenger, whether verbal or in writing, PSB Insurance brokers must be notified immediately. The member must not make any admission of liability or payment, or offer a promise of payment without the written consent of our insurer.
The current limit of $250,000 for Passenger Liability was successfully negotiated into our Liability programme several years ago by PSB Insurance Brokers and provides a basic level of cover at a cost effective price, for our members. Some members and affiliated clubs may find this limit inadequate and therefore we would encourage all members to seek top up cover over and above the cover provided by your RA –AUS membership and each member should seek independent personal advice.
PSB Insurance Brokers are happy to provide further no obligation advice in this regard and any other insurance related queries you may have.
Safe and Happy Flying
Steve Tizzard Chief Executive Officer RA-AUS
DISCLAIMER: This is general commentary in a complex legal area on the liability laws involving Aviators. It is neither legal advice nor is it insurance advice. You must seek your own advice relevant to your personal circumstances.
RA-Aus REgISTERED AIRCRAFT HULL AND TOP UP LIABILITY INSURANCE
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“PSB Insurance Brokers are proud to be the appointed brokers for RA-Aus”
Recreational Aviation Australia Member’s Liability Policy
The Recreational Aviation Australia Board has approved the establishment of a member’s liability policy to provide liability protection for current financial members of Recreational Aviation Australia Inc. who hold a current Flight Crew Certificate and Affiliated Clubs.
Because this policy impacts on all members, it is obviously very important that this cover is precisely understood by all. In particular, members must be aware of the limitations of this policy and how this policy may interrelate with any other insurance held by an individual member or corporation.
The cover provides excellent insurance protection at a very low cost (included in your membership fee) for the vast majority of members, particularly owner/operators, who would otherwise find the individual cost of this insurance to be prohibitive. It is important for many reasons, some of which are:
• A low cost basic liability cover for every financial member.• The cover, being applicable to the member (not the aircraft), means that the cover is “portable” even when piloting
an RA-Aus registered aircraft owned by some other person anywhere in Australia.• This cover partly addresses the moral issue of risks to the general public when members operate RA-Aus registered
aircraft uninsured.
Below are some brief comments on certain aspects of the cover that may assist your understanding:
(a) The cover has an indemnity limit of up to $10,000,000 for liability arising from third party property damage or bodily injury including a sub-limit of up to $250,000 for liability arising from injuries to passengers (including student pilots). Depending on individual circumstances, you may require more than the limits described above, so you may need to maintain additional individual insurance.
(b) There is a $500 excess on this policy for Property Damage occurrences.
(c) No cover is provided for Liability to Pilot in Command. This cover is an important consideration for any RA-Aus registered aircraft owner who allows others to hire or borrow his/her aircraft because, as owner, you may have a legal obligation for injuries to the pilot. If this cover is required you will need to investigate the purchase of cover to attach to the aircraft itself.
(d) The policy limits cover to “Financial members of Recreational Aviation Australia who hold a current Flight Crew Certificate and Affiliated Clubs”. Unless you fall within this definition, you will not be covered! (Remember the person injured need not be a member – the policy covers the member for legal liability he/she may be required to pay to the person injured). It is vital that all owners/operators of RA-Aus registered aircraft are Affiliated Clubs or Flight Crew Certificate holders. If the aircraft is owned in the name of a company, or say jointly owned by a member and his/her spouse who is not a member with a flight crew certificate, then no cover or only partial cover may apply.
(e) No cover is provided for Airfield Operators Liability. A separate policy is required for this purpose.
(f) No cover for Rotary Wing or Auto-Gyro/Gyro-plane operations.
(g) Participation in Air Shows or Air Displays is INCLUDED, as is cover for flying in and out of Air Shows. All flying must be within CASA & RA-Aus regulation, and within the aircraft manufacturers’ performance limitations. The definition of Air Shows or Air Displays DOES NOT include Air Races or Competition Flying.
YOUR DUTY OF DISCLOSURE
Before you enter into a contract of general insurance with us, you have a duty under the Insurance Contracts Act 1984, to disclose to the Insurer every matter that you know, or could reasonably be expected to know, is relevant to the Insurer’s decision whether to accept the risk of the Insurance and if so, on what terms.
You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a contract of general insurance.
Your duty however, does not require disclosure or matters - - that diminish the risk to be undertaken by us: - that are of common knowledge; - that we know or in the ordinary course of our business ought to know; - as to which compliance with your duty is waived by us.
NON-DISCLOSURE
If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce their liability under the Contract in respect of a claim or may cancel this Contract. If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the Contract from its beginning.
REASONABLE PRECAUTIONS AND FRAUDULENT ACTS
You must take all reasonable precautions for the maintenance and safety of the Insured Property. The insurer will not be liable for any loss, damage, injury or liability arising from a deliberate or fraudulent act committed by your or on your behalf.
FORMS TO BE RETURNED TO:
gEOFF TONKIN
E-mail: [email protected]
KIMBERLEY STRONgMAN
E-mail: [email protected]
Fax: (08) 8361 8299
AIRCRAFT HULL INSURANCE PROPOSAL FORM
INSURED NAME/
COMPANY NAME
ADDRESS
CONTACT PHONE E-MAIL
INTERESTED PARTIES
AIRCRAFT REgO AgREED VALUE $
ENgINE TYPE PAx:
ExTENT OF COVER
REq
FULL FLIgHT RISK ❏ gROUND & TAxY RISK ❏ gROUND ONLY ❏
STANDARD USES PRIVATE PLEASURE & BUSINESS ❏
SPECIAL USES
PILOTS PILOT 1 PILOT 2 PILOT 3 PILOT 4
NAME
DATE OF BIRTH / / / / / / / /
LICENSE TYPE
TOTAL FLYINg ExP.
LAST 12 MONTHS
TIME ON TYPE
BASE LOCATION HANgARED: YES ❏ NO ❏
ANY PILOT HAD ANY ACCIDENTS OR CLAIMS, OR BREACH OF AIR NAVIgATION REgULATIONS LAST 5 YEARS? YES ❏ NO ❏
IF YES, PLEASE PROVIDE DETAILS:
PREVIOUS INSURANCE? YES ❏ NO ❏ IF YES, INSURER ExP DATE
RA-AUS MEMBERS LIABILITY COVER DEEMED SUFFICIENT BY INSURED? YES ❏ NO ❏
LEgAL LIABILITY TO THIRD PARTIES FOR PROPERTY DAMAgE & BODILY INjURY AND ALSO TO PASSENgERS – COMBINED SINgLE LIMIT OF INDEMNITY:
$1,000,000 ❏ $2,000,000 ❏ $5,000,000 ❏ $10,000,000 ❏
SIgNED DATE
IMPORTANT MATTERS REFERRED TO IN THE INSURANCE CONTRACTS ACT 1984
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