1963_session laws_1089_2
CHAPTER 1088 AN ACT TO PROVIDE A METHOD OF SERVICE OF PROCESS UPON NONRESIDENT OPERATORS OF AIRCRAFT AND UPON THEIR PERSONAL REPRESENTATIVES. The General. Assembly of North Carolina do enact:
Article 8, subchapter V of Chapter 1 of the General Statutes is amended by adding a new Section, to be designated as G. S. 1-107.3, to read as follows:  1-107.3. Service Upon Nonresident Operators of Aircraft and Upon Their Personal Representatives. (a) The operation, navigation or maintenance by a nonresident or nonresidents of an airplane, helicopter, glider, dirigible, blimp, balloon, or other aircraft in the State, either in person or through others, and the acceptance thereby by such nonresident or nonresidents of the protection of the laws of the State for such aircraft, or the operation, navigation or maintenance by a nonresident or nonresidents of an airplane, helicopter, glider, dirigible, blimp, balloon, or other aircraft in the State, either in person or through others, other than under the laws of the State, shall be deemed equivalent to an appointment by each such nonresident of the Secretary of State or his successor in office, to be the TRUE and lawful attorney of each such nonresident and the TRUE and lawful attorney of the executor or administrator of each such nonresident for service of process, upon whom may be served all lawful process in any suit, action or proceeding against such nonresident or nonresidents growing out of any accident or collision in which such nonresident or nonresidents may be involved while, either in person or through others, operating, navigating, or maintaining an airplane, helicopter, glider, dirigible, blimp, balloon, or other aircraft in the State; and such acceptance or such operation, navigating or maintaining in the State of such aircraft shall be a signification of each such nonresidents agreement that any such process against him or his administrator or executor which is so served shall be of the same legal force and effect as if served on him personally. 1420 (b) Service of such process shall be made in the following manner: -1 By leaving a copy therefor, with a fee of one dollar ($1.00) in the hands of the Secretary of State, or in his office. Such service, upon compliance with the other provisions of this Section shall be sufficient service upon said nonresident. -2 Notice of such service of process and copy thereof must be forthwith sent by registered mail by plaintiff or the Secretary of State to the defendant, and the entries on the defendants return receipt shall be sufficient evidence of the date on which notice of service upon the Secretary of State and copy of process were delivered to the defendant, on which date service on said defendant shall be deemed completed. If the defendant refuses to accept the registered letter, service on the defendant shall be deemed completed on the date of such refusal to accept as determined by the notations by the postal authorities on the original envelope, and if such date cannot be so determined, then service shall be deemed completed on the date that the registered letter is returned to the plaintiff or the Secretary of State as determined by the postal marks on the original envelope. (3) The defendants return receipt, or the original envelope bearing a notation by the postal authorities that receipt was refused, and an affidavit by the plaintiff that notice of mailing the registered letter and refusal to accept was forthwith sent to the defendant by ordinary mail, together with the plaintiffs affidavit of compliance with the provisions of this Section must be appended to the summons or other process and filed with said summons, complaint and other papers in the cause. Provided, that where the nonresident aircraft operator has died prior to the commencement of an action brought pursuant to this Section, service of process shall be made on the executor or administrator of such nonresident aircraft operator in the same manner and on the same notice as if provided in the case of a nonresident aircraft operator. The court in which the action is pending shall order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. (c) The provisions of this Section shall also apply to a resident of the State at the time of the accident or collision who establishes residence outside the State subsequent to the accident or collision and to a resident of the State at the time of the accident or collision who departs from the State subsequent to the accident or collision and remains absent therefrom for sixty -60 days or more, continuously, whether such absence is intended to be temporary or permanent.