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49 U.S.C. § 44107 — Recordation of conveyances, leases, and security instruments

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44107 — Recordation of conveyances, leases, and security instruments

**(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 550 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (D) spare parts maintained by or for an air carrier holding a certificate issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2). **(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 author

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Stable record: federal_law:legal_authorities:record_usc_4670501a0ef72e096bf7c87a
Source file: Laws/federal/codes/united-states-code/title-49/section-44107-recordation-of-conveyances-leases-and-security-instruments--db591a0bbf.md
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Source location: Title 49, Chapter 441, § 44107; chapter-441-registration-and-recordation-of-aircraft.md

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**(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 550 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (D) spare parts maintained by or for an air carrier holding a certificate issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2). **(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. **(e) International Registry.—** (1) **Designation of united states entry point.—** — As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to— (A) civil aircraft of the United States; (B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and (C) aircraft engines. (2) **System for filing notice of prospective interests.—** (A) *Establishment.—* — The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty. (B) *Maintenance of validity.—* — A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day. (3) **Authorization for registration of aircraft.—** — A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44101 — Operation of aircraft

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44705 — Air carrier operating certificates

The Administrator of the Federal Aviation Administration shall issue an air carrier operating certificate to a person desiring to operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part. An air carrier operating certificate shall— (1) contain terms necessary to ensure safety in air transportation; and (2) specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44108 — Validity of conveyances, leases, and security instruments

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44108

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44107 — Recordation of conveyances, leases, and

Page 1222 TITLE 49—TRANSPORTATION § 44106 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1163.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44105 .......... 49 App.:1401(e)(1). Aug. 23, 1958, Pub. L. 85–726, § 501(e)(1), 72 Stat. 772; Oct. 19, 1984, Pub. L. 98–499, § 4(a), 98 Stat. 2314. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. The words ‘‘when the aircraft no longer meets’’ are substituted for ‘‘for any cause which renders the air- craft ineligible’’ for consistency. § 44106. Revocation of aircraft certificates for controlled substance violations (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 fa- cilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State re- lated 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 p

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44107

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