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241
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MARVIN MANDEL, Governor
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(D) LIEN FOR DAMAGE.
(1) THE INJURED PERSON OR THE OWNER OR BAILEE
OF THE INJURED PROPERTY HAS A LIEN ON THE AIRCRAFT TO THE
EXTENT OF THE DAMAGE CAUSED BY THE AIRCRAFT OR THE OBJECT
FALLING FROM IT, IF HE REGISTERS AND RECORDS WITH THE
ADMINISTRATION A SWORN NOTICE OF THE LIEN WITHIN 30 DAYS
FROM THE DATE OF THE INJURY. THE NOTICE OF LIEN SHALL
SET FORTH IN DETAIL THE INJURY OR DAMAGE SUSTAINED BY HIM
OR HIS PROPERTY.
(2) A NOTICE OF A LIEN NOT SO RECORDED IS
VOID AGAINST SUBSEQUENT GOOD FAITH PURCHASERS AND
MORTGAGEES WITHOUT ACTUAL NOTICE. THE LIEN TERMINATES ON
REBUTTAL OF THE PRIMA FACIE LIABILITY BY THE OWNER OR
LESSEE OF THE AIRCRAFT.
REVISOR'S NOTE: This section presently appears as
Art. 1A, §3-304.
Subsection (a) of this section, which combines
the first two sentences of present §3-304, is
revised to clarify that the defenses set forth
in items (1) and (2) are available equally to
a lessee, as well as an owner. In the
introductory paragraph of subsection (a), and
elsewhere in this section, the word "dropping"
is deleted as unnecessary and redundant in
light of the word "falling". Also, the phrase
"operation of ... aircraft" is substituted for
"ascent, descent or flight of ... aircraft",
for simplicity and to conform to the
antecedent phrase "aircraft operated above the
lands and waters"; see the definition of
"operate aircraft" in §5-101 of this title.
In subsection (a) (2) of this section, the
present reference to "express or implied"
consent is deleted as superfluous.
In subsection (c) of this section, the more
general term "person" is substituted for
"airman". The rule specified in that
subsection is applicable equally to a person
who might not qualify as an "airman". (As to
the term "airman", see present Art. 1A, §1—107
and revisor's note to §5-101 of this title.)
In subsection (d)(1) of this section, the
phrase "injury or damage sustained by him or
his property" is substituted for "injury or
damage caused" to avoid the unintended
implication that the lienor must report all
damages caused by the accident, even those
sustained only by others.
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In subsection (d)(2) of this section, the term
"actual notice" is substituted for "notice"
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