Monday, July 26, 2010

The FAA's New Aircraft Registration Rule Effects Airworthiness

The following is an excerpt from the Federal Aviation Administration's (FAA)website.

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WASHINGTON, D.C. – In an effort to create a more accurate aircraft registration database, the Federal Aviation Administration (FAA) is requiring re-registration of all civil aircraft over the next three years and renewal every three years after that.

The rule establishes specific expiration dates over a three-year period for all aircraft registered before Oct. 1, 2010, and requires re-registration of those aircraft according to a specific schedule. All aircraft registration certificates issued on or after Oct. 1, 2010 will be good for three years with the expiration date clearly shown.

“These improvements will give us more up-to-date registration data and better information about the state of the aviation industry,” said FAA Administrator Randy Babbitt.

Current regulations require owners to report the sale of an aircraft, the scrapping or destruction of an aircraft, or a change in mailing address, but many owners have not complied with those requirements.

Re-registration of all U.S. civil aircraft by Dec. 31, 2013 will enhance the database with current data derived from recent contact with aircraft owners. The new regulations also will ensure that aircraft owners give the FAA fresh information at least once every three years when they renew their registration. The FAA will cancel the N-numbers of aircraft that are not re-registered or renewed.
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Federal Aviation Regulations are codified in Code of Federal Regulations. 14 CFR § 21.181 governs airworthiness certificates. The regulation states in pertinent part,

(a) Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Administrator, airworthiness certificates are effective as follows: (1) Standard airworthiness certificates, special airworthiness certificates primary category, and airworthiness certificates issued for restricted or limited category aircraft are effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 43 and 91 of this chapter and the aircraft are registered in the United States.

14 CFR 21.181(a) (WEST 2010). As a result of the language of the statute, an aircraft that does not have a valid registration certificate does not meet the definition of an airworthy craft and should not be operated until brought into compliance with the code.

The Executive Summary of the Final Rule Making, on more than one occasion, makes it clear that as a prerequisite for a U.S. aircraft to operate in compliance with the regulations, the aircraft must have both an airworthiness certificate and a valid registration certificate. Therefore, an aircraft that does not have both (i) a valid airworthiness certificate; and (ii) a valid registration, does not comply with the FARs and may not be operated until such time as the aircraft can comply with the changes to the regulation.

If you have questions about the new rule or need assistance with compliance, then contact Ronnie Gipson, head of the firm's Aviation Law practice. Mr. Gipson can be reached at (415) 655-6822 or via e-mail at gipson@higagipsonllp.com.