Good Samaritans Breathe Easier

The United States House of Representatives has overwhelmingly (385-12) passed HR 1084, a bill backed by EAA Tuesday that would extend "Good Samaritan" protections to nonprofit volunteer pilot organizations and volunteer pilots. The Volunteer Pilot Organization Protection Act of 2004 ensures that vital services, such as donated medical flights for the needy, flights of compassion, humanitarian, and charitable purposes. Charitable organizations conduct more than 30,000 such flights annually.

Rol Murrow, member of the Emergency Volunteer Air Corps and Chairman/CEO of the Air Care Alliance, says that the voting margin is encouraging. "The Air Care Alliance is extremely pleased that the bill has passed the House and especially by such a wide margin," Murrow said. "Our hope is that the Senate will follow through very quickly before the session ends to make this protection available as quickly as possible."

The Senate version, S-955, is sponsored by George Allen (R-VA) and co-sponsored by Saxby Chambliss (R-GA); James Inhofe, (R-OK); Mary Landrieu (D-LA); and James Talent (R-MO).

"We are calling on the entire aviation community to contact their Senators and the appropriate committee members and tell them how important the legislation is," Murrow urged. "Whether it moves or not and how fast it moves will depend entirely on whether or not legislators hear about the need." EAA has pledged its support to help move the bill forward through the Senate, and asks members to contact their US Senators to urge their swift approval of the bill. According to the Senate website, the body has targeted October 1, 2004, for adjournment.

It is difficult, if not impossible, for a non-profit volunteer pilot organization to get aviation insurance that actually covers aviation operations. Theoretically, the insurance shouldn't be needed since the groups are not operating aircraft; they act as go-betweens between a person needing help or a community needing service and volunteer pilots who wish to provide that service. The operator of the aircraft traditionally is responsible for the insurance.

However that has not stopped some of the volunteer groups from being named in legal actions when something has occurred, and regardless of whether the case has merit or not, the groups end up having to defend themselves, which can be a very expensive proposition. This new legislation will relieve the organizations from having to secure coverage for the aircraft operations. Provisions of the legislation also relieve an organization's volunteer directors, officers and fight coordinators of liability in the event something should occur.

This legislation also protects the volunteer pilots because it makes them liable only up to the level of their insurance. Pilots generally are required by the groups to carry insurance and the flights in almost all cases are legally part 91 flights.

Volunteer pilots provide a range of services for free by paying their own expenses for the plane. More than 50 different organizations provide services ranging from medical transport for ambulatory patients to transport of blood and organs; travel for organ donor recipients who need to get to a medical facility promptly; post-disaster relief for municipalities; and environmental flights.

"At this point it should be a non-controversial bill that basically brings volunteer pilots and the volunteers who support them through the various public benefit flying groups under the protection of the Volunteer Protection Act of 1997," Morrow added.

FMI: www.eaa.org