United States Code (Last Updated: May 24, 2014) |
Title 49. TRANSPORTATION |
SubTitle VII. AVIATION PROGRAMS |
Part A. AIR COMMERCE AND SAFETY |
SubPart iii. safety |
Chapter 441. REGISTRATION AND RECORDATION OF AIRCRAFT |
§ 44103. Registration of aircraft
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(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.
Historical And Revision
Historical and Revision Notes | ||
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
44103(a)(1) | 49 App.:1401(c), (d). | Aug. 23, 1958, Pub. L. 85–726, §§ 501(c), (d), (f), 505 (2d sentence), 72 Stat. 772, 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. |
44103(a)(2) | 49 App.:1405 (2d sentence). | |
| 49 App.:1655(c)(1). | |
44103(b) | 49 App.:1401(e)(2)(D), (E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 501(e)(2)(D), (E); added Oct. 19, 1984, Pub. L. 98–499, § 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, § 501(g); added Oct. 27, 1986, Pub. L. 99–570, § 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.
Miscellaneous
Pub. L. 106–181, title VII, § 729,