49 U.S.C. § 44108 — Validity of conveyances, leases, and secu-

Page 1224 TITLE 49—TRANSPORTATION § 44108 In subsection (c), before clause (1), the words ‘‘by reg- ulation’’ are omitted because of 49:322(a). In clause (2), the words ‘‘possession of the United States’’ are sub- stituted 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 sec- tion, the location or locations specified therein’’ for clarity and consistency in this subchapter. Editorial Notes AMENDMENTS 2004—Subsec. (a)(2)(A). Pub. L. 108–297, § 3(a)(1), sub- stituted ‘‘550’’ for ‘‘750’’. Subsec. (a)(3). Pub. L. 108–297, § 3(a)(2), substituted ‘‘paragraph (1) or (2)’’ for ‘‘clause (1) or (2) of this sub- section’’. Subsec. (e). Pub. L. 108–297, § 3(b), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or rec- ordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title. § 44108. Validity of conveyances, leases, and secu- rity instruments (a) VALIDITY BEFORE FILING.—Until a convey- ance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for record- ing, 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 con- veyance, 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 in- strument is valid from the date of filing against all persons, without other recordation, except that— (1) a lease or instrument recorded under sec- tion 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 pre- viously or subsequently recorded under sec- tion 44107(a)(2)(C) or (D); and (2) a lease or instrument recorded under sec- tion 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 sub- ject to the laws of the State, the District of Co- lumbia, 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 con- veyance, 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 Rec- ognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable. (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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44108(a) ...... 49 App.:1403(c) (less words after semi- colon). Aug. 23, 1958, Pub. L. 85–726, § 503(c), 72 Stat. 773. 44108(b) ...... 49 App.:1403(d). Aug. 23, 1958, Pub. L. 85–726, § 503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, § 3, 73 Stat. 181. 44108(c)(1) .. 49 App.:1406. Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 506; added June 30, 1964, Pub. L. 88–346, § 1(a), 78 Stat. 236. 44108(c)(2) .. 49 App.:1406 (note). June 30, 1964, Pub. L. 88–346, § 1(c), 78 Stat. 236. 44108(d) ...... 49 App.:1403(c) (words after semi- colon). In subsection (a), before clause (1), the words ‘‘con- veyance, lease, or instrument executed for security purposes’’ are substituted for ‘‘conveyance or instru- ment’’ 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 in- strument 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 instru- ment recorded by means of or under the system pro- vided 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 un- necessary words. In clause (1), the words ‘‘is valid’’ are substituted for ‘‘Provided, That . . . shall not be af- fected’’ 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 sub- chapter. The words ‘‘for items at the location des- ignated in the lease or instrument’’ are substituted for ‘‘which may from time to time be situated at the des- ignated location or locations and only while so situ- ated’’ 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 sub- stituted for ‘‘therein’’, and the words ‘‘it is presumed’’ are substituted for ‘‘it shall constitute presumptive evidence’’, for clarity. Page 1225 TITLE 49—TRANSPORTATION § 44111 In subsection (d)(2), the words ‘‘lease or instrument’’ are substituted for ‘‘instrument’’ for clarity and con- sistency in this subchapter. Editorial Notes AMENDMENTS 2004—Subsec. (c)(2). Pub. L. 108–297 inserted ‘‘or the Cape Town Treaty, as applicable’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or rec- ordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title. § 44109. Reporting transfer of ownership (a) FILING NOTICES.—A person having an own- ership interest in an aircraft for which a certifi- cate of registration was issued under section 44103 of this title shall file a notice with the Sec- retary of the Treasury that the Secretary re- quires 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1166.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44109(a) ...... 49 App.:1509(f). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1109(f); added Oct. 27, 1986, Pub. L. 99–570, § 3401(d)(1), 100 Stat. 3207–101. 44109(b) ...... 49 App.:1509 (note). Oct. 27, 1986, Pub. L. 99–570, § 3401(d)(2), 100 Stat. 3207–102. In subsection (a), the text of 49 App.:1509(f) (last sen- tence) 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. § 44110. Information about aircraft ownership and rights 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 sec- tion 44704 of this title about ownership of the aircraft for which each certificate is issued; and (2) recording transactions affecting an inter- est 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1166.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44110 .......... 49 App.:1403(g). Aug. 23, 1958, Pub. L. 85–726, § 503(g), 72 Stat. 774. 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. In clause (1), the words ‘‘each certificate of registra- tion 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 restate- ment. In clause (2), the words ‘‘recording transactions’’ are substituted for ‘‘recording of discharges and satisfac- tions 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. § 44111. Modifications in registration and rec- ordation system for aircraft not providing air transportation (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 Adminis- tration 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 re- lated to the regulation of controlled sub- stances (as defined in section 102 of the Com- prehensive 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 fol- lowing deficiencies in and abuses of the exist- ing system: (A) the registration of aircraft to fictitious persons. (B) the use of false or nonexistent address- es by persons registering aircraft. (C) the use by a person registering an air- craft 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 as- signed to aircraft. (G) the use of false registration markings on aircraft.