US (United States) Code. Title 49. Subtitle VII. Part A. Subpart III. Chapter 441: Registration of aircraft

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Air commerce and safety

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 33 páginas
publicidad

-CITE-

49 USC CHAPTER 441 - REGISTRATION AND RECORDATION OF

AIRCRAFT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-MISC1-

Sec.

44101. Operation of aircraft.

44102. Registration requirements.

44103. Registration of aircraft.

44104. Registration of aircraft components and dealers'

certificates of registration.

44105. Suspension and revocation of aircraft certificates.

44106. Revocation of aircraft certificates for controlled

substance violations.

44107. Recordation of conveyances, leases, and security

instruments.

44108. Validity of conveyances, leases, and security

instruments.

44109. Reporting transfer of ownership.

44110. Information about aircraft ownership and rights.

44111. Modifications in registration and recordation system

for aircraft not providing air transportation.

44112. Limitation of liability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 40102, 45302, 46301,

46316 of this title.

-End-

-CITE-

49 USC Sec. 44101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44101. Operation of aircraft

-STATUTE-

(a) Registration Requirement. - Except as provided in subsection

(b) of this section, a person may operate an aircraft only when the

aircraft is registered under section 44103 of this title.

(b) Exceptions. - A person may operate an aircraft in the United

States that is not registered -

(1) when authorized under section 40103(d) or 41703 of this

title;

(2) when it is an aircraft of the national defense forces of

the United States and is identified in a way satisfactory to the

Administrator of the Federal Aviation Administration; and

(3) for a reasonable period of time after a transfer of

ownership, under regulations prescribed by the Administrator.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1161.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44101(a) 49 App.:1401(a) Aug. 23, 1958, Pub. L.

(1st sentence words 85-726, Sec. 501(a), 72

before proviso less Stat. 771.

words between

parentheses).

44101(b) 49 App.:1401(a)

(1st sentence words

between

parentheses,

proviso, last

sentence).

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In this section, the word "navigate" is omitted as being included

in the definition of "operate aircraft" in section 40102(a) of the

revised title.

In subsection (a), the words "Except as provided in subsection

(b) of this section" are added for clarity. The words "a person may

. . . an aircraft only when the aircraft is registered under

section 44103 of this title" are substituted for "It shall be

unlawful . . . any aircraft eligible for registration if such

aircraft is not registered by its owner as provided in this

section, or . . . any aircraft not eligible for registration" for

clarity and to eliminate unnecessary words.

In subsection (b), before clause (1), the words "A person may

operate an aircraft in the United States that is not registered"

are substituted for "may be operated and navigated without being so

registered" and "may . . . permit the operation and navigation of

aircraft without registration" for clarity. In clause (2), the

words "identified in a way" are substituted for "identified, by the

agency having jurisdiction over them, in a manner" to eliminate

unnecessary words.

-End-

-CITE-

49 USC Sec. 44102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44102. Registration requirements

-STATUTE-

(a) Eligibility. - An aircraft may be registered under section

44103 of this title only when the aircraft is -

(1) not registered under the laws of a foreign country and is

owned by -

(A) a citizen of the United States;

(B) an individual citizen of a foreign country lawfully

admitted for permanent residence in the United States; or

(C) a corporation not a citizen of the United States when the

corporation is organized and doing business under the laws of

the United States or a State, and the aircraft is based and

primarily used in the United States; or

(2) an aircraft of -

(A) the United States Government; or

(B) a State, the District of Columbia, a territory or

possession of the United States, or a political subdivision of

a State, territory, or possession.

(b) Duty To Define Certain Term. - In carrying out subsection

(a)(1)(C) of this section, the Secretary of Transportation shall

define "based and primarily used in the United States".

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1161.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44102(a)(1) 49 App.:1401(b) Aug. 23, 1958, Pub. L.

(1st sentence cl. 85-726, Sec. 501(b), 72

(1)). Stat. 772; restated Nov. 9,

1977, Pub. L. 95-163, Sec.

14, 91 Stat. 1283; Mar. 8,

1978, Pub. L. 95-241, 92

Stat. 119.

44102(a)(2) 49 App.:1401(b)

(1st sentence cl.

(2)).

44102(b) 49 App.:1401(b)

(last sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "may be

registered" are substituted for "shall be eligible for

registration", and the words "under section 44103 of this title"

are added, for clarity. The words "only when" are substituted for

"if, but only if" for consistency. In subclause (C), the words "not

a citizen of the United States" are substituted for "(other than a

corporation which is a citizen of the United States)" to eliminate

unnecessary words. The word "lawfully" is omitted as surplus.

In subsection (b), the words "In carrying out subsection

(a)(1)(C) of this section" are added because of the restatement.

The words "by regulation" are omitted as unnecessary because of

49:322(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44103, 44105, 44106,

46306 of this title.

-End-

-CITE-

49 USC Sec. 44103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44103. Registration of aircraft

-STATUTE-

(a) General. - (1) On application of the owner of an aircraft

that meets the requirements of section 44102 of this title, the

Administrator of the Federal Aviation Administration shall -

(A) register the aircraft; and

(B) issue a certificate of registration to its owner.

(2) The Administrator may prescribe the extent to which an

aircraft owned by the holder of a dealer's certificate of

registration issued under section 44104(2) of this title also is

registered under this section.

(b) Controlled Substance Violations. - (1) The Administrator may

not issue an owner's certificate of registration under subsection

(a)(1) of this section to a person whose certificate is revoked

under section 44106 of this title during the 5-year period

beginning on the date of the revocation, except -

(A) as provided in section 44106(e)(2) of this title; or

(B) that the Administrator may issue the certificate to the

person after the one-year period beginning on the date of the

revocation if the Administrator decides that the aircraft

otherwise meets the requirements of section 44102 of this title

and that denial of a certificate for the 5-year period -

(i) would be excessive considering the nature of the offense

or the act committed and the burden the denial places on the

person; or

(ii) would not be in the public interest.

(2) A decision of the Administrator under paragraph (1)(B)(i) or

(ii) of this subsection is within the discretion of the

Administrator. That decision or failure to make a decision is not

subject to administrative or judicial review.

(c) Certificates as Evidence. - A certificate of registration

issued under this section is -

(1) conclusive evidence of the nationality of an aircraft for

international purposes, but not conclusive evidence in a

proceeding under the laws of the United States; and

(2) not evidence of ownership of an aircraft in a proceeding in

which ownership is or may be in issue.

(d) Certificates Available for Inspection. - An operator of an

aircraft shall make available for inspection a certificate of

registration for the aircraft when requested by a United States

Government, State, or local law enforcement officer.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1162.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44103(a)(1) 49 App.:1401(c), Aug. 23, 1958, Pub. L.

(d). 85-726, Secs. 501(c), (d),

(f), 505 (2d sentence), 72

Stat. 772, 774.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44103(a)(2) 49 App.:1405 (2d

sentence).

49 App.:1655(c)(1).

44103(b) 49 Aug. 23, 1958, Pub. L.

App.:1401(e)(2)(D), 85-726, 72 Stat. 731, Sec.

(E). 501(e)(2)(D), (E); added

Oct. 19, 1984, Pub. L.

98-499, Sec. 4(a), 98 Stat.

2315.

44103(c) 49 App.:1401(f).

44103(d) 49 App.:1401(g). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

501(g); added Oct. 27, 1986,

Pub. L. 99-570, Sec.

3401(a)(2), 100 Stat.

3207-99.

--------------------------------------------------------------------

In subsection (a)(1), the words "On application" are substituted

for "upon request", and the words "meets the requirements of

section 44102 of this title" are substituted for "eligible for

registration", for consistency in this subchapter. The text of 49

App.:1401(d) is omitted as unnecessary because of 49:322(a).

In subsection (b)(1)(B), before subclause (i), the words "after

the one-year period beginning on the date of the revocation" are

substituted for "before the end of such five-year period (but not

before the end of the one-year period beginning on the date of such

revocation)" for clarity and to eliminate unnecessary words. The

words "otherwise meets the requirements of section 44102 of this

title" are substituted for "is otherwise eligible for registration

under this section" because of the restatement. The words "denial

of a certificate" are substituted for "revocation of the

certificate" for clarity.

In subsection (c), before clause (1), the words "A certificate of

registration" are substituted for "Registration" for clarity. In

clause (2), the words "by a particular person" are omitted as

surplus.

AIRCRAFT SITUATIONAL DISPLAY DATA

Pub. L. 106-181, title VII, Sec. 729, Apr. 5, 2000, 114 Stat.

168, provided that:

"(a) In General. - A memorandum of agreement between the

Administrator [of the Federal Aviation Administration] and any

person that directly obtains aircraft situational display data from

the Federal Aviation Administration shall require that -

"(1) the person demonstrate to the satisfaction of the

Administrator that the person is capable of selectively blocking

the display of any aircraft-situation-display-to-industry derived

data related to any identified aircraft registration number; and

"(2) the person agree to block selectively the aircraft

registration numbers of any aircraft owner or operator upon the

Administration's request.

"(b) Existing Memoranda To Be Conformed. - Not later than 30 days

after the date of the enactment of this Act [Apr. 5, 2000], the

Administrator shall conform any memoranda of agreement, in effect

on such date of enactment, between the Federal Aviation

Administration and a person under which that person obtains

aircraft situational display data to incorporate the requirements

of subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44101, 44102, 44105,

44106, 44109, 44110, 46306 of this title; title 10 section 9512.

-End-

-CITE-

49 USC Sec. 44104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44104. Registration of aircraft components and dealers'

certificates of registration

-STATUTE-

The Administrator of the Federal Aviation Administration may

prescribe regulations -

(1) in the interest of safety for registering and identifying

an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and

revoking a dealer's certificate of registration under this

chapter and for its use by a person manufacturing, distributing,

or selling aircraft.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1162.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44104(1) 49 App.:1402. Aug. 23, 1958, Pub. L.

85-726, Secs. 502, 505 (1st

sentence), 72 Stat. 772, 774.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44104(2) 49 App.:1405 (1st

sentence).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, before clause (1), the words "prescribe

regulations" are substituted for "establish reasonable rules and

regulations" in 49 App.:1402 and "by such reasonable regulations"

in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1),

the words "and no aircraft engine, propeller, or appliance shall be

used in violation of any such rule or regulation" are omitted as

surplus because of section 46301 of the revised title. In clause

(2), the words "in connection with" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 44103 of this title.

-End-

-CITE-

49 USC Sec. 44105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44105. Suspension and revocation of aircraft certificates

-STATUTE-

The Administrator of the Federal Aviation Administration may

suspend or revoke a certificate of registration issued under

section 44103 of this title when the aircraft no longer meets the

requirements of section 44102 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1163.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44105 49 App.:1401(e)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 501(e)(1), 72

Stat. 772; Oct. 19, 1984,

Pub. L. 98-499, Sec. 4(a),

98 Stat. 2314.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

The words "when the aircraft no longer meets" are substituted for

"for any cause which renders the aircraft ineligible" for

consistency.

-End-

-CITE-

49 USC Sec. 44106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44106. Revocation of aircraft certificates for controlled

substance violations

-STATUTE-

(a) Definition. - In this section, "controlled substance" has the

same meaning given that term in section 102 of the Comprehensive

Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) Revocations. - (1) The Administrator of the Federal Aviation

Administration shall issue an order revoking the certificate of

registration for an aircraft issued to an owner under section 44103

of this title and any other certificate of registration that the

owner of the aircraft holds under section 44103, if the

Administrator finds that -

(A) the aircraft was used to carry out, or facilitate, an

activity that is punishable by death or imprisonment for more

than one year under a law of the United States or a State related

to a controlled substance (except a law related to simple

possession of a controlled substance); and

(B) the owner of the aircraft permitted the use of the aircraft

knowing that the aircraft was to be used for the activity

described in clause (A) of this paragraph.

(2) An aircraft owner that is not an individual is deemed to have

permitted the use of the aircraft knowing that the aircraft was to

be used for the activity described in paragraph (1)(A) of this

subsection only if a majority of the individuals who control the

owner of the aircraft or who are involved in forming the major

policy of the owner permitted the use of the aircraft knowing that

the aircraft was to be used for the activity described in paragraph

(1)(A).

(c) Advice to Holders and Opportunity To Answer. - Before the

Administrator revokes a certificate under subsection (b) of this

section, the Administrator shall -

(1) advise the holder of the certificate of the charges or

reasons on which the Administrator bases the proposed action; and

(2) provide the holder of the certificate an opportunity to

answer the charges and state why the certificate should not be

revoked.

(d) Appeals. - (1) A person whose certificate is revoked by the

Administrator under subsection (b) of this section may appeal the

revocation order to the National Transportation Safety Board. The

Board shall affirm or reverse the order after providing notice and

a hearing on the record. In conducting the hearing, the Board is

not bound by the findings of fact of the Administrator.

(2) When a person files an appeal with the Board under this

subsection, the order of the Administrator revoking the certificate

is stayed. However, if the Administrator advises the Board that

safety in air transportation or air commerce requires the immediate

effectiveness of the order -

(A) the order remains effective; and

(B) the Board shall dispose of the appeal not later than 60

days after notification by the Administrator under this

paragraph.

(3) A person substantially affected by an order of the Board

under this subsection may seek judicial review of the order under

section 46110 of this title. The Administrator shall be made a

party to that judicial proceeding.

(e) Acquittal. - (1) The Administrator may not revoke, and the

Board may not affirm a revocation of, a certificate of registration

under this section on the basis of an activity described in

subsection (b)(1)(A) of this section if the holder of the

certificate is acquitted of all charges related to a controlled

substance in an indictment or information arising from the

activity.

(2) If the Administrator has revoked a certificate of

registration of a person under this section because of an activity

described in subsection (b)(1)(A) of this section, the

Administrator shall reissue a certificate to the person if the

person -

(A) subsequently is acquitted of all charges related to a

controlled substance in an indictment or information arising from

the activity; and

(B) otherwise meets the requirements of section 44102 of this

title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1163.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44106(a) 49 Aug. 23, 1958, Pub. L.

App.:1401(e)(2)(C). 85-726, 72 Stat. 731, Sec.

501(e)(2)(A)- (C), (F);

added Oct. 19, 1984, Pub. L.

98-499, Sec. 4(a), 98 Stat.

2314, 2315.

44106(b) 49

App.:1401(e)(2)(A)

(less last

sentence).

44106(c) 49

App.:1401(e)(2)(B)

(1st sentence).

44106(d) 49

App.:1401(e)(2)(B)

(2d-last sentences).

44106(e) 49

App.:1401(e)(2)(A)

(last sentence),

(F).

--------------------------------------------------------------------

In subsection (b)(2), the words "knowing that the aircraft was to

be used for the activity described in paragraph (1)(A) of this

subsection" are substituted for "with knowledge of such intended

use" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1133, 44103 of this

title.

-End-

-CITE-

49 USC Sec. 44107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44107. Recordation of conveyances, leases, and security

instruments

-STATUTE-

(a) Establishment of System. - The Administrator of the Federal

Aviation Administration shall establish a system for recording -

(1) conveyances that affect an interest in civil aircraft of

the United States;

(2) leases and instruments executed for security purposes,

including conditional sales contracts, assignments, and

amendments, that affect an interest in -

(A) a specifically identified aircraft engine having at least

750 rated takeoff horsepower or its equivalent;

(B) a specifically identified aircraft propeller capable of

absorbing at least 750 rated takeoff shaft horsepower;

(C) an aircraft engine, propeller, or appliance maintained

for installation or use in an aircraft, aircraft engine, or

propeller, by or for an air carrier holding a certificate

issued under section 44705 of this title; and

(D) spare parts maintained by or for an air carrier holding a

certificate issued under section 44705 of this title; and

(3) releases, cancellations, discharges, and satisfactions

related to a conveyance, lease, or instrument recorded under

clause (1) or (2) of this subsection.

(b) General Description Required. - A lease or instrument

recorded under subsection (a)(2)(C) or (D) of this section only has

to describe generally the engine, propeller, appliance, or spare

part by type and designate its location.

(c) Acknowledgment. - Except as the Administrator otherwise may

provide, a conveyance, lease, or instrument may be recorded under

subsection (a) of this section only after it has been acknowledged

before -

(1) a notary public; or

(2) another officer authorized under the laws of the United

States, a State, the District of Columbia, or a territory or

possession of the United States to acknowledge deeds.

(d) Records and Indexes. - The Administrator shall -

(1) keep a record of the time and date that each conveyance,

lease, and instrument is filed and recorded with the

Administrator; and

(2) record each conveyance, lease, and instrument filed with

the Administrator, in the order of their receipt, and index them

by -

(A) the identifying description of the aircraft, aircraft

engine, or propeller, or location specified in a lease or

instrument recorded under subsection (a)(2)(C) or (D) of this

section; and

(B) the names of the parties to each conveyance, lease, and

instrument.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1164.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44107(a)(1) 49 App.:1403(a)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 503(a)(1), (3),

(b), 72 Stat. 772.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

44107(a) 49 App.:1403(a)(2). Aug. 23, 1958, Pub. L.

(2)(A), (B) 85-726, Sec. 503(a)(2), 72

Stat. 772; restated July 8,

1959, Pub. L. 86-81, Sec. 1,

73 Stat. 180.

49 App.:1655(c)(1).

44107(a) 49 App.:1403(a)(3)

(2)(C), (D) (less words between

13th comma and

semicolon).

49 App.:1655(c)(1).

44107(a)(3) 49 App.:1403(b).

49 App.:1655(c)(1).

44107(b) 49 App.:1403(a)(3)

(words between 13th

comma and

semicolon).

44107(c) 49 App.:1403(e). Aug. 23, 1958, Pub. L.

85-726, Sec. 503(e), 72

Stat. 773; restated June 30,

1964, Pub. L. 88-346, Sec.

2, 78 Stat. 236.

49 App.:1655(c)(1).

44107(d) 49 App.:1403(f). Aug. 23, 1958, Pub. L.

85-726, Sec. 503(f), 72

Stat. 773; July 8, 1959,

Pub. L. 86-81, Sec. 4, 73

Stat. 181.

49 App.:1655(c)(1).

--------------------------------------------------------------------

In subsection (a)(1) and (2), the words "title to" are omitted as

being included in "interest in".

In subsection (a)(2), before subclause (A), the word

"instruments" is substituted for "any mortgage, equipment trust . .

. or other instrument" because it is inclusive. The word

"supplement" is omitted as being included in "amendments".

In subsection (a)(3), the words "The Secretary of Transportation

shall also record under the system" are omitted as unnecessary

because of the restatement.

In subsections (a)(3) and (c), the words "lease, or instrument"

are substituted for "other instrument" for clarity and consistency

in this subchapter.

In subsections (b) and (d), the words "or locations" are omitted

because of 1:1.

In subsection (b), the words "recorded under subsection (a)(2)(C)

or (D) of this section" are added for clarity. The words "lease or

instrument" are substituted for "instrument" for clarity and

consistency in this subchapter.

In subsection (c), before clause (1), the words "by regulation"

are omitted because of 49:322(a). In clause (2), the words

"possession of the United States" are substituted for "possession

thereof" for clarity.

In subsection (d), the words "lease, and instrument" are

substituted for "other instruments" for clarity and consistency in

this subchapter. In clause (1), the words "of the time and date of"

before "recordation" are omitted as unnecessary because of the

restatement. In clause (2), before subclause (A), the words "in

files to be kept for that purpose" are omitted as unnecessary. In

subclause (A), the words "location specified in a lease or

instrument recorded under subsection (a)(2)(C) or (D) of this

section" are substituted for "in the case of an instrument referred

to in subsection (a)(3) of this section, the location or locations

specified therein" for clarity and consistency in this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44108, 44704 of this

title.

-End-

-CITE-

49 USC Sec. 44108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44108. Validity of conveyances, leases, and security

instruments

-STATUTE-

(a) Validity Before Filing. - Until a conveyance, lease, or

instrument executed for security purposes that may be recorded

under section 44107(a)(1) or (2) of this title is filed for

recording, the conveyance, lease, or instrument is valid only

against -

(1) the person making the conveyance, lease, or instrument;

(2) that person's heirs and devisees; and

(3) a person having actual notice of the conveyance, lease, or

instrument.

(b) Period of Validity. - When a conveyance, lease, or instrument

is recorded under section 44107 of this title, the conveyance,

lease, or instrument is valid from the date of filing against all

persons, without other recordation, except that -

(1) a lease or instrument recorded under section 44107(a)(2)(A)

or (B) of this title is valid for a specifically identified

engine or propeller without regard to a lease or instrument

previously or subsequently recorded under section 44107(a)(2)(C)

or (D); and

(2) a lease or instrument recorded under section 44107(a)(2)(C)

or (D) of this title is valid only for items at the location

designated in the lease or instrument.

(c) Applicable Laws. - (1) The validity of a conveyance, lease,

or instrument that may be recorded under section 44107 of this

title is subject to the laws of the State, the District of

Columbia, or the territory or possession of the United States at

which the conveyance, lease, or instrument is delivered, regardless

of the place at which the subject of the conveyance, lease, or

instrument is located or delivered. If the conveyance, lease, or

instrument specifies the place at which delivery is intended, it is

presumed that the conveyance, lease, or instrument was delivered at

the specified place.

(2) This subsection does not take precedence over the Convention

on the International Recognition of Rights in Aircraft (4 U.S.T.

1830).

(d) Nonapplication. - This section does not apply to -

(1) a conveyance described in section 44107(a)(1) of this title

that was made before August 22, 1938; or

(2) a lease or instrument described in section 44107(a)(2) of

this title that was made before June 20, 1948.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1165.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44108(a) 49 App.:1403(c) Aug. 23, 1958, Pub. L.

(less words after 85-726, Sec. 503(c), 72

semicolon). Stat. 773.

44108(b) 49 App.:1403(d). Aug. 23, 1958, Pub. L.

85-726, Sec. 503(d), 72

Stat. 773; July 8, 1959,

Pub. L. 86-81, Sec. 3, 73

Stat. 181.

44108(c)(1) 49 App.:1406. Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

506; added June 30, 1964,

Pub. L. 88-346, Sec. 1(a),

78 Stat. 236.

44108(c)(2) 49 App.:1406 (note). June 30, 1964, Pub. L.

88-346, Sec. 1(c), 78 Stat.

236.

44108(d) 49 App.:1403(c)

(words after

semicolon).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "conveyance,

lease, or instrument executed for security purposes" are

substituted for "conveyance or instrument" for clarity and

consistency in this subchapter. The words "in respect of such

aircraft, aircraft engine or engines, propellers, appliances, or

spare parts" are omitted as surplus. The text of 49 App.:1403(c)

(proviso words before semicolon) is omitted because of section 7(d)

of this bill. In clause (1), the words "person making the

conveyance, lease, or instrument" are substituted for "the person

by whom the conveyance or other instrument is made or given" to

eliminate unnecessary words and for consistency in this subchapter.

In subsection (b), before clause (1), the words "When a

conveyance, lease, or instrument is recorded under section 44107 of

this title . . . from the date of filing" are substituted for "Each

conveyance or other instrument recorded by means of or under the

system provided for in subsection (a) or (b) of the section shall

from the time of its filing for recordation" for clarity and

consistency in this subchapter and to eliminate unnecessary words.

In clause (1), the words "is valid" are substituted for "Provided,

That . . . shall not be affected" for consistency in this

subchapter. The words "or engines . . . or propellers" are omitted

because of 1:1. In clause (2), the words "is valid" are substituted

for "shall be effective" for consistency in this subchapter. The

words "for items at the location designated in the lease or

instrument" are substituted for "which may from time to time be

situated at the designated location or locations and only while so

situated" for clarity and to eliminate unnecessary words.

In subsection (c)(1), the words "conveyance, lease, or" are added

for consistency in this subchapter. The words "the conveyance,

lease, or instrument" are substituted for "therein", and the words

"it is presumed" are substituted for "it shall constitute

presumptive evidence", for clarity.

In subsection (d)(2), the words "lease or instrument" are

substituted for "instrument" for clarity and consistency in this

subchapter.

-End-

-CITE-

49 USC Sec. 44109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44109. Reporting transfer of ownership

-STATUTE-

(a) Filing Notices. - A person having an ownership interest in an

aircraft for which a certificate of registration was issued under

section 44103 of this title shall file a notice with the Secretary

of the Treasury that the Secretary requires by regulation, not

later than 15 days after a sale, conditional sale, transfer, or

conveyance of the interest.

(b) Exemptions. - The Secretary -

(1) shall prescribe regulations that establish guidelines for

exempting a person or class from subsection (a) of this section;

and

(2) may exempt a person or class under the regulations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1166.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44109(a) 49 App.:1509(f). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1109(f); added Oct. 27,

1986, Pub. L. 99-570, Sec.

3401(d)(1), 100 Stat.

3207-101.

44109(b) 49 App.:1509 (note). Oct. 27, 1986, Pub. L.

99-570, Sec. 3401(d)(2), 100

Stat. 3207-102.

--------------------------------------------------------------------

In subsection (a), the text of 49 App.:1509(f) (last sentence) is

omitted as unnecessary.

In subsection (b)(1), the words "Within 30 days after the date of

enactment of subsection (f) of section 1109 of the Federal Aviation

Act of 1958 as added by this subsection" are omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46301, 46316 of this

title.

-End-

-CITE-

49 USC Sec. 44110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44110. Information about aircraft ownership and rights

-STATUTE-

The Administrator of the Federal Aviation Administration may

provide by regulation for -

(1) endorsing information on each certificate of registration

issued under section 44103 of this title and each certificate

issued under section 44704 of this title about ownership of the

aircraft for which each certificate is issued; and

(2) recording transactions affecting an interest in, and for

other records, proceedings, and details necessary to decide the

rights of a party related to, a civil aircraft of the United

States, aircraft engine, propeller, appliance, or spare part.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1166.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44110 49 App.:1403(g). Aug. 23, 1958, Pub. L.

85-726, Sec. 503(g), 72

Stat. 774.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In clause (1), the words "each certificate of registration issued

under section 44103 of this title and each certificate issued under

section 44704 of this title" are substituted for "certificates of

registration, or aircraft certificates" for clarity and because of

the restatement.

In clause (2), the words "recording transactions" are substituted

for "recording of discharges and satisfactions of recorded

instruments, and other transactions" to eliminate unnecessary

words. The words "title to" are omitted as being included in

"interest in". The words "to decide" are substituted for "to

facilitate the determination" to eliminate unnecessary words. The

words "related to" are substituted for "dealing with" for clarity.

The word "spare" is added for consistency in this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 44704 of this title.

-End-

-CITE-

49 USC Sec. 44111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44111. Modifications in registration and recordation system

for aircraft not providing air transportation

-STATUTE-

(a) Application. - This section applies only to aircraft not used

to provide air transportation.

(b) Authority To Make Modifications. - The Administrator of the

Federal Aviation Administration shall make modifications in the

system for registering and recording aircraft necessary to make the

system more effective in serving the needs of -

(1) buyers and sellers of aircraft;

(2) officials responsible for enforcing laws related to the

regulation of controlled substances (as defined in section 102 of

the Comprehensive Drug Abuse Prevention and Control Act of 1970

(21 U.S.C. 802)); and

(3) other users of the system.

(c) Nature of Modifications. - Modifications made under

subsection (b) of this section -

(1) may include a system of titling aircraft or registering all

aircraft, even aircraft not operated;

(2) shall ensure positive, verifiable, and timely

identification of the true owner; and

(3) shall address at least each of the following deficiencies

in and abuses of the existing system:

(A) the registration of aircraft to fictitious persons.

(B) the use of false or nonexistent addresses by persons

registering aircraft.

(C) the use by a person registering an aircraft of a post

office box or "mail drop" as a return address to evade

identification of the person's address.

(D) the registration of aircraft to entities established to

facilitate unlawful activities.

(E) the submission of names of individuals on applications

for registration of aircraft that are not identifiable.

(F) the ability to make frequent legal changes in the

registration markings assigned to aircraft.

(G) the use of false registration markings on aircraft.

(H) the illegal use of "reserved" registration markings on

aircraft.

(I) the large number of aircraft classified as being in

"self-reported status".

(J) the lack of a system to ensure timely and adequate notice

of the transfer of ownership of aircraft.

(K) the practice of allowing temporary operation and

navigation of aircraft without the issuance of a certificate of

registration.

(d) Regulations. - (1) The Administrator of the Federal Aviation

Administration shall prescribe regulations to carry out this

section and provide a written explanation of how the regulations

address each of the deficiencies and abuses described in subsection

(c) of this section. In prescribing the regulations, the

Administrator of the Federal Aviation Administration shall consult

with the Administrator of Drug Enforcement, the Commissioner of

Customs, other law enforcement officials of the United States

Government, representatives of State and local law enforcement

officials, representatives of the general aviation aircraft

industry, representatives of users of general aviation aircraft,

and other interested persons.

(2) Regulations prescribed under this subsection shall require

that -

(A) each individual listed in an application for registration

of an aircraft provide with the application the individual's

driver's license number; and

(B) each person (not an individual) listed in an application

for registration of an aircraft provide with the application the

person's taxpayer identifying number.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1166.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44111(a) 49 App.:1303 (note). Nov. 11, 1988, Pub. L.

100-690, Sec. 7214, 102

Stat. 4434.

44111(b) 49 App.:1401(h) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, 72 Stat. 731, Sec.

501(h); added Nov. 11, 1988,

Pub. L. 100-690, Sec.

7203(a), 102 Stat. 4424.

44111(c) 49 App.:1401(h)

(last sentence).

44111(d) 49 App.:1401 (note). Nov. 18, 1988, Pub. L.

100-690, Sec. 7207(a), (b),

102 Stat. 4427.

--------------------------------------------------------------------

In subsection (c)(3)(D), the words "corporations and others" are

omitted as surplus.

In subsection (d)(1), the words "Not later than September 18,

1989" and "final" are omitted as obsolete. The words "Administrator

of Drug Enforcement" are substituted for "Drug Enforcement

Administration of the Department of Justice" because of section

5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87

Stat. 1092).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC2-

DRUG ENFORCEMENT STATUS AND PROGRESS; REPORTS TO CONGRESS;

DEFINITIONS

Pub. L. 100-690, title VII, Sec. 7207(d), (e), Nov. 18, 1988, 102

Stat. 4428, provided that:

"(d) Report. - Not later than 180 days after the date of the

enactment of this subtitle [Nov. 18, 1988] and annually thereafter

during the 5-year period beginning on such 180th day, the

Administrator shall prepare and transmit to Congress a report on

the following:

"(1) The status of the rulemaking process, issuance of

regulations, and implementation of regulations in accordance with

this section [see subsec. (d) of this section].

"(2) The progress being made in reducing the number of aircraft

classified by the Federal Aviation Administration as being in

'sale-reported status'.

"(3) The progress being made in expediting the filing and

processing of forms for major repairs and alterations of fuel

tanks and fuel systems of aircraft.

"(4) The status of establishing and collecting fees under

section 313(f) of the Federal Aviation Act [see section 45302(b)

of this title].

"(e) Definitions. - For purposes of this subtitle [subtitle E

(Secs. 7201-7214) of title VII of Pub. L. 100-690, see Tables for

classification] -

"(1) Administrator. - The term 'Administrator' means the

Administrator of the Federal Aviation Administration.

"(2) Aircraft. - The term 'aircraft' has the meaning such term

has under section 101 of the Federal Aviation Act of 1958 [see

section 40102 of this title]."

INFORMATION COORDINATION

Pub. L. 100-690, title VII, Sec. 7210, Nov. 18, 1988, 102 Stat.

4432, provided that: "Not later than 180 days after the date of the

enactment of this subtitle [Nov. 18, 1988] and annually thereafter

during the 3-year period beginning on such 180th day, the

Administrator shall prepare and transmit to Congress a report on

the following:

"(1) The progress made in establishing a process for provision

of informational assistance by such Administration to officials

of Federal, State, and local law enforcement agencies.

"(2) The progress made in establishing a process for

effectively pursuing suspensions and revocations of certificates

of registration and airman certificates in accordance with the

amendments made to the Federal Aviation Act of 1958 by the

Aviation Drug-Trafficking Control Act [Pub. L. 98-499, see Tables

for classification], section 3401 of the Anti-Drug Abuse Act of

1986 [Pub. L. 99-570], and this subtitle [subtitle E (Secs.

7201-7214) of title VII of Pub. L. 100-690].

"(3) The efforts of such Administration in assessing and

defining the appropriate relationship of such Administration's

informational assistance resources (including the El Paso

Intelligence Center and the Law Enforcement Assistance Unit of

the Aeronautical Center of such Administration).

"(4) The progress made in issuing guidelines on (A) the

reporting of aviation sensitive drug-related information, and (B)

the development, in coordination with the Drug Enforcement

Administration of the Department of Justice and the United States

Customs Service, of training and educational policies to assist

employees of such Administration to better understand (i) the

trafficking of controlled substances (as defined in section 102

of the Controlled Substances Act [21 U.S.C. 802]), and (ii) the

role of such Administration with respect to such trafficking.

"(5) The progress made in improving and expanding such

Administration's role in the El Paso Intelligence Center."

APPLICABILITY OF PAPERWORK REDUCTION ACT

Pub. L. 100-690, title VII, Sec. 7211(b), Nov. 18, 1988, 102

Stat. 4433, provided that: "No information collection requests

necessary to carry out the objectives of this subtitle [subtitle E

(Secs. 7201-7214) of title VI of Pub. L. 100-690, see Tables for

classification] (including the amendments made by this subtitle)

shall be subject to or affect, directly or indirectly, the annual

information collection budget goals established for the Federal

Aviation Administration and the Department of Transportation under

chapter 35 of title 44, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 45302 of this title.

-End-

-CITE-

49 USC Sec. 44112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 441 - REGISTRATION AND RECORDATION OF AIRCRAFT

-HEAD-

Sec. 44112. Limitation of liability

-STATUTE-

(a) Definitions. - In this section -

(1) "lessor" means a person leasing for at least 30 days a

civil aircraft, aircraft engine, or propeller.

(2) "owner" means a person that owns a civil aircraft, aircraft

engine, or propeller.

(3) "secured party" means a person having a security interest

in, or security title to, a civil aircraft, aircraft engine, or

propeller under a conditional sales contract, equipment trust

contract, chattel or corporate mortgage, or similar instrument.

(b) Liability. - A lessor, owner, or secured party is liable for

personal injury, death, or property loss or damage on land or water

only when a civil aircraft, aircraft engine, or propeller is in the

actual possession or control of the lessor, owner, or secured

party, and the personal injury, death, or property loss or damage

occurs because of -

(1) the aircraft, engine, or propeller; or

(2) the flight of, or an object falling from, the aircraft,

engine, or propeller.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1167.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44112 49 App.:1404. Aug. 23, 1958, Pub. L.

85-726, Sec. 504, 72 Stat.

774; restated July 8, 1959,

Pub. L. 86-81, Sec. 2, 73

Stat. 180.

--------------------------------------------------------------------

In subsection (a), clauses (1) and (3) are derived from 49

App.:1404 (2d-57th words). Clause (2) is added for clarity. In

clause (1), the words "bona fide" are omitted as surplus. In clause

(3), the word "nature" is omitted as surplus.

In subsection (b), before clause (1), the words "personal injury,

death" are substituted for "any injury to or death of persons", and

the words "on land or water" are substituted for "on the surface of

the earth (whether on land or water)", to eliminate unnecessary

words. In clause (2), the words "ascent, descent, or" and "dropping

or" are omitted as surplus.

-End-