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49 U.S.C. § 44102 — Registration requirements

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

49 U.S.C. § 44102 — Registration requirements

**(a) Eligibility.—** An aircraft may be registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) 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”.

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Stable record: federal_law:legal_authorities:record_usc_63ef6683264955189c4824a0
Source file: Laws/federal/codes/united-states-code/title-49/section-44102-registration-requirements--cf401a33a9.md
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Source location: Title 49, Chapter 441, § 44102; chapter-441-registration-and-recordation-of-aircraft.md

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

49 U.S.C. § 44103 — Registration of aircraft

**(a) General.—** (1) On application of the owner of an aircraft that meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44104/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106&num=0&edition=prelim) during the 5-year period beginning on the date of the revocation, except— (A) as provided in [section 44106(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44106/e/2&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) 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 bur

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

49 U.S.C. § 44105 — Suspension and revocation of aircraft certificates

The Administrator of the Federal Aviation Administration may suspend or revoke a certificate of registration issued under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) when the aircraft no longer meets the requirements of [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim).

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

49 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) 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

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

49 U.S.C. § 46306 — Registration violations involving aircraft not providing air transportation

**(a) Application.—** This section applies only to aircraft not used to provide air transportation. **(b) General Criminal Penalty.—** Except as provided by subsection (c) of this section, a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— (1) knowingly and willfully forges or alters a certificate authorized to be issued under this part; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; (4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry; (5) owns an aircraft eligible for registration under [section 44102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44102&num=0&edition=prelim) and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when— (A) the aircraft is not registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim) or the certificate of registration is suspended or revoked; or (B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership; (6) knowingly and willfully operates or attempts to operate an aircraft eligible fo

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

49 U.S.C. § 44102 — Registration requirements

Page 1219 TITLE 49—TRANSPORTATION § 44103 section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation.’’ [The Cape Town Treaty entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.] REGULATIONS Pub. L. 108–297, § 4, Aug. 9, 2004, 118 Stat. 1096, pro- vided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall issue regulations nec- essary to carry out this Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act. ‘‘(b) CONTENTS OF REGULATIONS.—Regulations to be issued under this Act shall specify, at a minimum, the requirements for— ‘‘(1) the registration of aircraft previously reg- istered in a country in which the Cape Town Treaty is in effect; and ‘‘(2) the cancellation of registration of a civil air- craft of the United States based on a request made in accordance with the Cape Town Treaty. ‘‘(c) EXPEDITED RULEMAKING PROCESS.— ‘‘(1) FINAL RULE.—The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004. ‘‘(2) EFFECTIVE DATE.—The final rule shall not be ef- fective before the date the Cape Town Treaty enters into force with respect to the United States [Mar. 1, 2006, see Effective Date of 2004 Amendment note above]. ‘‘(3) ECONOMIC ANALYSIS.—The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule. ‘‘(d) APPLICABILITY OF TREATY.—Notwithstanding parts 47.37(a)(3)(ii)

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44102

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