FAA 14 CFR PART 49-2011 RECORDING OF AIRCRAFT TITLES AND SECURITY DOCUMENTS《飞机名称和保密文件的记录》.pdf

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1、1010 14 CFR Ch. I (1111 Edition) 47.71 purposes only while he is under the di-rect supervision of the holder of the Dealers Aircraft Registration Certifi-cate or his agent. Doc. No. 7190 31 FR 4495, Mar. 17, 1966; 31 FR 5483, Apr. 7, 1966, as amended by Amdt. 474, 32 FR 12556, Aug. 30, 1967; Amdt. 4

2、729, 75 FR 41983, July 20, 2010 47.71 Duration of Certificate; change of status. (a) A Dealers Aircraft Registration Certificate, AC Form 80506, expires 1 year after the date it is issued. Each additional certificate expires on the date the original certificate expires. (b) The holder of a Dealers A

3、ircraft Registration Certificate must imme-diately notify the Registry of any of the following (1) A change of name; (2) A change of address; (3) A change that affects status as a citizen of the United States; or (4) The discontinuance of business. 31 FR 4495, Mar. 17, 1966, as amended by Amdt. 4729

4、, 75 FR 41983, July 20, 2010 PART 49RECORDING OF AIR-CRAFT TITLES AND SECURITY DOCUMENTS Subpart AApplicability Sec. 49.1 Applicability. Subpart BGeneral 49.11 FAA Aircraft Registry. 49.13 Signatures and acknowledgements. 49.15 Fees for recording. 49.17 Conveyances recorded. 49.19 Effective date of

5、filing for recordation. 49.21 Return of original conveyance. Subpart CAircraft Ownership and Encumbrances Against Aircraft 49.31 Applicability. 49.33 Eligibility for recording: general re-quirements. 49.35 Eligibility for recording: ownership re-quirements. 49.37 Claims for salvage or extraordinary

6、expenses. Subpart DEncumbrances Against Specifi-cally Identified Aircraft Engines and Propellers 49.41 Applicability. 49.43 Eligibility for recording: general re-quirements. 49.45 Recording of releases, cancellations, discharges, and satisfactions: special re-quirements. Subpart EEncumbrances Agains

7、t Air Car-rier Aircraft Engines, Propellers, Appli-ances, and Spare Parts 49.51 Applicability. 49.53 Eligibility for recording: general re-quirements. 49.55 Recording of releases, cancellations, discharges, and satisfactions: special re-quirements. Subpart FTransmission of Information to the Interna

8、tional Registry 49.61 Applicability. 49.63 Eligibility for Authorization for Transmission to the International Reg-istry: General Requirements. AUTHORITY: 4 U.S.T. 1830; Pub. L. 108297, 118 Stat. 1095 (49 U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C. 106(g), 4011340114, 44101 44108, 4411044113

9、, 44704, 44713, 45302, 46104, 46301. SOURCE: Docket No. 1996, 29 FR 6486, May 19, 1964, unless otherwise noted. Subpart AApplicability 49.1 Applicability. (a) This part applies to the recording of certain conveyances affecting title to, or any interest in (1) Any aircraft registered under 49 U.S.C.

10、4410144104; (2) Any specifically identified air-craft engine of 750 or more rated take-off horsepower, or the equivalent of that horsepower; (3) Any specifically identified air-craft propeller able to absorb 750 or more rated takeoff shaft horsepower; and (4) Any aircraft engine, propeller, or appli

11、ance maintained by or for an air carrier certificated under 49 U.S.C. 44705, for installation or use in an air-craft, aircraft engine, or propeller, or any spare part, maintained at a des-ignated location or locations by or for such an air carrier. VerDate Mar2010 14:10 Mar 01, 2011 Jkt 223043 PO 00

12、000 Frm 01020 Fmt 8010 Sfmt 8010 Y:SGML223043.XXX 223043wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS1011 Federal Aviation Administration, DOT 49.17 (b) Subpart B of this part governs, where applicable by its terms, co

13、nvey-ances subject to this part. Docket No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 4910, 70 FR 246, Jan. 3, 2005 Subpart BGeneral 49.11 FAA Aircraft Registry. To be eligible for recording, a con-veyance must be mailed to the FAA Aircraft Registry, Department of Transportation, Post Offi

14、ce Box 25504, Oklahoma City, Oklahoma 731250504, or delivered to the Registry at 6425 S. Denning Ave., Oklahoma City, Okla-homa 73169. Amdt. 4910, 70 FR 246, Jan. 3, 2005 49.13 Signatures and acknowledge-ments. (a) Each signature on a conveyance must be in ink. (b) Paragraphs (b) through (f) of 47.1

15、3 of this chapter apply to a con-veyance made by, or on behalf of, one or more persons doing business under a trade name, or by an agent, corpora-tion, partnership, coowner, or unincor-porated association. (c) No conveyance or other instru-ment need be acknowledged, as pro-vided in 49 U.S.C. 44107(c

16、), in order to be recorded under this part. The law of the place of delivery of the conveyance determines when a conveyance or other instrument must be acknowledged in order to be valid for the purposes of that place. (d) A power of attorney or other evi-dence of a persons authority to sign for anot

17、her, submitted under this part, is valid for the purposes of this section, unless sooner revoked, until (1) Its expiration date stated therein; or (2) If an expiration date is not stated thereon, for not more than 3 years after the date (i) It is signed; or (ii) The grantor (a corporate officer or o

18、ther person in a managerial posi-tion therein, where the grantor is a corporation) certifies in writing that the authority to sign shown by the power of attorney or other evidence is still in effect. Doc. No. 7190, 31 FR 4499, Mar. 17, 1966, as amended by Amdt. 492, 31 FR 15349, Dec. 8, 1966; Amdt.

19、496, 36 FR 8661, May 11, 1971; Amdt. 4910, 70 FR 246, Jan. 3, 2005 49.15 Fees for recording. (a) The fees charged for recording conveyances under this part are as fol-lows: (1) Conveyance of aircraft For each aircraft listed therein . $5.00 (2) Conveyance, made for security purposes, of a specifical

20、ly identified aircraft engine or pro-peller, or any assignment or amendment thereof, or supplement thereto, recorded under Subpart D For each engine or propeller 5.00 (3) Conveyance, made for security purposes, of aircraft engines, propellers, appliances, or spare parts, maintained at a designated l

21、oca-tion or locations, or any assignment or amendment thereof, or supplement thereto, recorded under Subpart E For the group of items at each location . 5.00 (b) There is no fee for recording a bill of sale that accompanies an applica-tion for aircraft registration and the proper fee under Part 47 o

22、f this chap-ter. (c) Each conveyance must be accom-panied by the proper fee, that may be paid by check or money order to the Federal Aviation Administration. Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 491, 31 FR 4499, Mar. 17, 1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 1967 49.17 Co

23、nveyances recorded. (a)(1) Each instrument recorded under this part is a conveyance with-in the following definition in 49 U.S.C. 40102(a)(19): Conveyance means an instrument, in-cluding a conditional sales contract, affect-ing title to, or an interest in, property. (2) A notice of Federal tax lien

24、is not recordable under this part, since it is required to be filed elsewhere by the Internal Revenue Code (26 U.S.C. 6321, 6323; 26 CFR 301.63211, 301.63231). (b) The kinds of conveyance record-able under this part include those used as evidence of ownership under 47.11 of this chapter. (c) The val

25、idity of any instrument, eligible for recording under this part, is governed by the laws of the State, pos-session, Puerto Rico, or District of Co-lumbia, as the case may be, in which VerDate Mar2010 14:10 Mar 01, 2011 Jkt 223043 PO 00000 Frm 01021 Fmt 8010 Sfmt 8010 Y:SGML223043.XXX 223043wwoods2 o

26、n DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS1012 14 CFR Ch. I (1111 Edition) 49.19 the instrument was delivered, regard-less of the location or place of delivery of the property affected by the instru-ment. If the place where

27、an instrument is intended to be delivered is stated in the instrument, it is presumed that the instrument was delivered at that place. The recording of a conveyance is not a decision of the FAA that the instru-ment does, in fact, affect title to, or an interest in, the aircraft or other prop-erty it

28、 covers. (d) The following rules apply to con-veyances executed for security pur-poses and assignments thereof: (1) A security agreement must be signed by the debtor. If the debtor is not the registered owner of the air-craft, the security agreement must be accompanied by the debtors Applica-tion fo

29、r Aircraft Registration and evi-dence of ownership, as prescribed in Part 47 of this chapter, unless the debt-or (i) Holds a Dealers Aircraft Registra-tion Certificate and submits evidence of ownership as provided in 47.67 of this chapter (if applicable); (ii) Was the owner of the aircraft on the da

30、te the security agreement was signed, as shown by documents re-corded at the FAA Aircraft Registry; or (iii) Is the vendor, bailor, or lessor under a contract of conditional sale. (2) The name of a cosigner may not appear in the security agreement as a debtor or owner. If a person other than the reg

31、istered owner signs the security agreement, that person must show the capacity in which that person signs, such as cosigner or guarantor. (3) An assignment of an interest in a security agreement must be signed by the assignor and, unless it is attached to and is a part of the original agree-ment, mu

32、st describe the agreement in sufficient detail to identify it, includ-ing its date, the names of the parties, the date of FAA recording, and the re-corded conveyance number. (4) An amendment of, or a supple-ment to, a conveyance executed for se-curity purposes that has been recorded by the FAA must

33、meet the require-ments for recording the original con-veyance and must describe the original conveyance in sufficient detail to iden-tify it, including its date, the names of the parties, the date of FAA recording, and the recorded conveyance number. (5) Immediately after a debt secured by a conveya

34、nce given for security pur-poses has been satisfied, or any of the encumbered aircraft have been released from the conveyance, the holder shall execute a release on AC Form 805041, Part IIRelease, provided to him by the FAA when the conveyance was re-corded by the FAA, or its equivalent, and shall s

35、end it to the FAA Aircraft Registry for recording. If the debt is se-cured by more than one aircraft and all of the collateral is released, the collat-eral need not be described in detail in the release. However, the original con-veyance must be clearly described in enough detail to identify it, inc

36、luding its date, the names of the parties, the date of FAA recording, and the re-corded conveyance number. (6) A contract of conditional sale, as defined in 49 U.S.C. 40102(a)(18), must be signed by all parties to the contract. Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 491, 31 FR

37、4499, Mar. 17, 1966; Amdt. 499, 53 FR 1915, Jan. 25, 1988; Amdt. 4910, 70 FR 246, Jan. 3, 2005 49.19 Effective date of filing for rec-ordation. A conveyance is filed for recordation upon the date and at the time it is re-ceived by the FAA Aircraft Registry. 49.21 Return of original conveyance. If a

38、person submitting a conveyance for recording wants the original re-turned to him, he must submit a true copy with the original. After recording, the copy is kept by the FAA and the original is returned to the applicant stamped with the date and time of re-cording. The copy must be imprinted on paper

39、 permanent in nature, includ-ing dates, and signatures, to which is attached a certificate of the person submitting the conveyance stating that the copy has been compared with the original and that it is a true copy. Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 491, 31 FR 4499, Mar.

40、17, 1966 VerDate Mar2010 14:10 Mar 01, 2011 Jkt 223043 PO 00000 Frm 01022 Fmt 8010 Sfmt 8010 Y:SGML223043.XXX 223043wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resale-,-,-1013 Federal Aviation Administration, DOT 49.43 Subpart CAircraft Ownership and Encumbrances Against Aircraft 49.31

41、Applicability. This subpart applies to the recording of the following kinds of conveyances: (a) A bill of sale, contract of condi-tional sale, assignment of an interest under a contract of conditional sale, mortgage, assignment of mortgage, lease, equipment trust, notice of tax lien or of other lien

42、, or other instru-ment affecting title to, or any interest in, aircraft. (b) A release, cancellation, discharge, or satisfaction of a conveyance named in paragraph (a) of this section. 49.33 Eligibility for recording: gen-eral requirements. A conveyance is eligible for recording under this subpart o

43、nly if, in addition to the requirements of 49.11, 49.13, and 49.17, the following requirements are met: (a) It is in a form prescribed by, or acceptable to, the Administrator for that kind of conveyance; (b) It describes the aircraft by make and model, manufacturers serial num-ber, and United States

44、 registration number, or other detail that makes identification possible; (c) It is an original document, or a duplicate original document, or if nei-ther the original nor a duplicate origi-nal of a document is available, a true copy of an original document, certified under 49.21; (d) It affects air

45、craft registered under 49 U.S.C. 4410144104; and (e) It is accompanied by the record-ing fee required by 49.15, but there is no fee for recording a conveyance named in 49.31(b). Doc. No. 1996, 29 FR 6486, May 19, 1964, as amended by Amdt. 491, 31 FR 4499, Mar. 17, 1966; Amdt. 4910, 70 FR 246, Jan. 3

46、, 2005 49.35 Eligibility for recording: owner-ship requirements. If the seller of an aircraft is not shown on the records of the FAA as the owner of the aircraft, a conveyance, in-cluding a contract of conditional sale, submitted for recording under this sub-part must be accompanied by bills of sale

47、 or similar documents showing con-secutive transfers from the last reg-istered owner, through each inter-vening owner, to the seller. 49.37 Claims for salvage or extraor-dinary expenses. The right to a charge arising out of a claim for compensation for salvage of an aircraft or for extraordinary ex-

48、penses indispensable for preserving the aircraft in operations terminated in a foreign country that is a party to the Convention on the International Rec-ognition of Rights in Aircraft (4 U.S.T. 1830) may be noted on the FAA record by filing notice thereof with the FAA Aircraft Registry within three

49、 months after the date of termination of the sal-vage or preservation operations. Subpart DEncumbrances Against Specifically Identified Aircraft Engines and Propel-lers 49.41 Applicability. This subpart applies to the recording of the following kinds of conveyances: (a) Any lease, a notice of tax lien or other lien (except a notice of Federal tax lien referred to in 49.17(a), and any mortgage, equipment trust, con-tract of con