Is A Maintenance Manual A “Part” Of A Helicopter Under The General Aviation Revitalization Act?
In a recent decision by the California Court of Appeals, the Court ruled that the maintenance manual of a Bell 47D1 helicopter was not a “part” of the helicopter for purposes of the General Aviation Revitalization Act (“GARA”). In Rogers v. Bell Helicopter Textron, Inc., the plaintiff was injured in a crash and subsequently sued Bell Helicopter alleging that the helicopter’s maintenance manual was defective because it improperly instructed on balancing the helicopters tail rotor blades. Although the helicopter had been in operation since 1951, the maintenance manual for the helicopter was issued in 1969 and was last revised in 1975. Bell filed a motion to exclude any evidence of an allegedly defective maintenance manual based upon GARA. Under GARA, an injured party may not sue a manufacturer for injuries sustained in an aircraft accident arising from an allegedly defective part unless the action is initiated within 18 years: (1) from the date the aircraft was delivered, for any part th
