CHAPTER 384

An Act to provide for the service of process or notice in civil suits on
nonresident operators and nonresident owners of aircraft operating
within or above the Commonwealth of Virginia and on the personal
representative of any such nonresident; and making such operation
thereof to constitute the appointment of the Secretary of the Com-
monwealth of Virginia as the attorney and agent of said nonresident
or personal representative thereof upon whom civil process or notice
may be served; and providing for further notice to the defendant in
any such suit.

[H 471]

Approved March 31, 1952

Be it enacted by the General Assembly of Virginia:
1. That any nonresident of this Commonwealth, being the operator or
owner of any aircraft, who shall accept the rights and privileges extended
by the laws of this Commonwealth to nonresident operators and owners,
of operating an aircraft, or of having the same operated over or above
the land and waters of the Commonwealth of Virginia, or of using avia-
tion facilities located in the Commonwealth of Virginia, or both, shall,
by such operation of aircraft over or above the land and waters of the
Commonwealth of Virginia, or by such use of aviation facilities, make and
constitute the Secretary of the Commonwealth of Virginia as his, her,
its, or their true and lawful attorney and agent upon whom may be
served all lawful process or notice upon or to such nonresident in any
civil suit, action or proceeding against such nonresident instituted in
the courts of the Commonwealth of Virginia against such operator or
owner of such aircraft arising out of, or by reason of, any accident or
collision occurring within or above the Commonwealth, in which such
aircraft is involved, and such acceptance or operation shall be a signi-
fication of the agreement of such nonresident that any such process or
notice to such nonresident which is served pursuant to this act shall
be of the same legal force and effect as if served upon such nonresident
personally in the county or corporation in which such accident or collision
occurred or in which a resident defendant, if any, resides.

Such nonresident owner or eperator of an aircraft which is involved
in an accident or collision in this Commonwealth shall likewise be deemed
to have consented that the appointment of the Secretary of the Common-
wealth or his successor in office, as the true and lawful attorney of such
nonresident upon whom may be served all lawful process and notice pur-
suant to the provisions of law pertaining thereto, shall be irrevocable and
binding upon the executor, administrator or other personal representative
of such nonresident. Where such nonresident has died prior to the com-
mencement of an action against such nonresident pursuant to the provi-
sions of law pertaining thereto, service of process or notice shall be made
upon the executor, administrator or other personal representative of such
nonresident in the same manner and on the same notice as is provided in
the case of such nonresident owner or operator. Where an action has been
duly commenced against such nonresident owner or operator, pursuant to
the provisions of law pertaining thereto and such nonresident dies after
the commencement of such action, the action shall continue and shall be
irrevocable and binding upon the executor, administrator or other personal
representative of such nonresident, with such additional notice of the
pendency of the action as the court deems proper.

2. That service of such process or notice shall be made by leaving a
copy of the process or notice, together with a fee of three dollars, plus
one dollar additional for each defendant over one to be thus served, in
the hands of the Secretary of the Commonwealth or in his office in the
city of Richmond, Virginia, and such service shall be sufficient upon
the nonresident, provided that notice of such service and a copy of the
process or notice are forthwith sent by registered mail, with registered
delivery receipt requested, by the Secretary of the Commonwealth to
the defendant or defendants at such defendant’s or defendants’ last known
post office address, and an affidavit of compliance herewith by the Secre-
tary of the Commonwealth or some one designated by him for that pur-
pose and having knowledge of such compliance, shall be filed with the
notice of motion or other pleading.

8. This act shall be construed to extend the right of service of process
or notice upon nonresidents and shall not be construed as limiting any
provision for the service of process now or hereafter existing.

4. The term “nonresident” includes any person who, though resident
when the aircraft accident or collision occurred, has been continuously
outside the State for at least sixty days preceding the day on which notice
or process is left with the Secretary of the Commonwealth.

5. An emergency exists and this act is in force from its passage.