14 CFR Part 49

Federal Aviation Administration, DOT

§ 49.11

Dealer’s Aircraft Registration Certificate or his agent.
[Doc. No. 7190 31 FR 4495, Mar. 17, 1966; 31 FR
5483, Apr. 7, 1966, as amended by Amdt. 47–4,
32 FR 12556, Aug. 30, 1967]

§ 47.71 Duration of Certificate; change
of status.
(a) A Dealer’s Aircraft Registration
Certificate 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 Dealer’s Aircraft
Registration Certificate shall immediately notify the FAA Aircraft Registry of any of the following—
(1) A change of his name;
(2) A change of his address;
(3) A change that affects his status as
a citizen of the United States; or
(4) The discontinuance of his business.

PART 49—RECORDING
CRAFT TITLES AND
DOCUMENTS

OF AIRSECURITY

Subpart A—Applicability
Sec.
49.1 Applicability.

Subpart B—General
49.11
49.13
49.15
49.17
49.19
49.21

FAA Aircraft Registry.
Signatures and acknowledgements.
Fees for recording.
Conveyances recorded.
Effective date of filing for recordation.
Return of original conveyance.

Subpart C—Aircraft Ownership and
Encumbrances Against Aircraft
49.31 Applicability.
49.33 Eligibility for recording: general requirements.
49.35 Eligibility for recording: ownership requirements.
49.37 Claims for salvage or extraordinary
expenses.

Subpart D—Encumbrances Against Specifically Identified Aircraft Engines and
Propellers
49.41 Applicability.
49.43 Eligibility for recording: general requirements.
49.45 Recording of releases, cancellations,
discharges, and satisfactions: special requirements.

Subpart E—Encumbrances Against Air Carrier Aircraft Engines, Propellers, Appliances, and Spare Parts
49.51 Applicability.
49.53 Eligibility for recording: general requirements.
49.55 Recording of releases, cancellations,
discharges, and satisfactions: special requirements.
AUTHORITY: 49 U.S.C. 106(g), 40113–40114,
44101–44108, 44110–44111, 44704, 44713, 45302,
46104, 46301; 4 U.S.T. 1830.
SOURCE: Docket No. 1996, 29 FR 6486, May
19, 1964, unless otherwise noted.

Subpart A—Applicability
§ 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 section 501 of the Federal Aviation Act of
1958 (49 U.S.C. 1401);
(2) Any specifically identified aircraft engine of 750 or more rated takeoff horsepower, or the equivalent of
that horsepower;
(3) Any specifically identified aircraft propeller able to absorb 750 or
more rated takeoff shaft horsepower;
and
(4) Any aircraft engine, propeller, or
appliance maintained by or for an air
carrier certificated under section 604(b)
of the Federal Aviation Act of 1958 (49
U.S.C. 1424(b)), for installation or use
in an aircraft, aircraft engine, or propeller, or any spare part, maintained at
a designated location or locations by or
for such an air carrier.
(b) Subpart B of this part governs,
where applicable by its terms, conveyances subject to this part.

Subpart B—General
§ 49.11

FAA Aircraft Registry.

To be eligible for recording, a conveyance must be mailed to the FAA
Aircraft Registry, Department of
Transportation, Post Office Box 25504,
Oklahoma City, Oklahoma 73125, or delivered to the Registry at 6400 South
MacArthur Boulevard, Oklahoma City,
Oklahoma.
[Doc. No. 13890, 41 FR 34010, Aug. 12, 1976]

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§ 49.13

14 CFR Ch. I (1–1–02 Edition)

§ 49.13 Signatures and acknowledgements.
(a) Each signature on a conveyance
must be in ink.
(b) Paragraphs (b) through (f) of
§ 47.13 of this chapter apply to a conveyance made by, or on behalf of, one
or more persons doing business under a
trade name, or by an agent, corporation, partnership, coowner, or unincorporated association.
(c) No conveyance or other instrument need be acknowledged, as provided in section 503(e) of the Federal
Aviation Act of 1958 (49 U.S.C. 1403(e)),
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 evidence of a person’s authority to sign
for another, 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 other person in a managerial position 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. 49–2, 31 FR 15349, Dec. 8,
1966; Amdt. 49–6, 36 FR 8661, May 11, 1971]

§ 49.15 Fees for recording.
(a) The fees charged for recording
conveyances under this part are as follows:
(1) Conveyance of aircraft—
For each aircraft listed therein .....................
(2) Conveyance, made for security purposes, of
a specifically identified aircraft engine or propeller, or any assignment or amendment
thereof, or supplement thereto, recorded
under Subpart D—
For each engine or propeller ........................
(3) Conveyance, made for security purposes, of
aircraft engines, propellers, appliances, or
spare parts, maintained at a designated location 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

5.00

5.00

(b) There is no fee for recording a bill
of sale that accompanies an application for aircraft registration and the
proper fee under Part 47 of this chapter.
(c) Each conveyance must be accompanied 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. 49–1, 31 FR 4499, Mar. 17,
1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 1967]

§ 49.17

Conveyances recorded.

(a) Each instrument recorded under
this part is a ‘‘conveyance’’ within the
following definition in section 101(17) of
the Federal Aviation Act of 1958 (49
U.S.C. 1301):
(17) ‘‘Conveyance’’ means a bill of sale,
contract of conditional sale, mortgage, assignment of mortgage, or other instrument
affecting title to, or interest in, property.

A notice of Federal tax lien 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 301.6321–1, 301.6323–1).
(b) The kinds of conveyance recordable under this part include those used
as evidence of ownership under § 47.11 of
this chapter.
(c) The validity of any instrument,
eligible for recording under this part, is
governed by the laws of the State, possession, Puerto Rico, or District of Columbia, as the case may be, in which
the instrument was delivered, regardless of the location or place of delivery
of the property affected by the instrument. If the place where 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 instrument does, in fact, affect title to, or an
interest in, the aircraft or other property it covers.
(d) The following rules apply to conveyances executed for security purposes and assignments thereof:
(1) A security agreement must be
signed by the debtor. If the debtor is
not the registered owner of the aircraft, the security agreement must be

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Federal Aviation Administration, DOT

§ 49.31

accompanied by the debtor’s Application for Aircraft Registration and evidence of ownership, as prescribed in
Part 47 of this chapter, unless the debtor—
(i) Holds a Dealer’s Aircraft Registration 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 date the security agreement was
signed, as shown by documents recorded 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 registered 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 agreement, must describe the agreement in
sufficient detail to identify it, including its date, the names of the parties,
the date of FAA recording, and the recorded conveyance number.
(4) An amendment of, or a supplement to, a conveyance executed for security purposes that has been recorded
by the FAA must meet the requirements for recording the original conveyance and must describe the original
conveyance in sufficient detail to identify 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 conveyance given for security purposes has been satisfied, or any of the
encumbered aircraft have been released
from the conveyance, the holder shall
execute a release on AC Form 8050–41,
Part II—Release, provided to him by
the FAA when the conveyance was recorded by the FAA, or its equivalent,
and shall send it to the FAA Aircraft
Registry for recording. If the debt is secured by more than one aircraft and all
of the collateral is released, the collateral need not be described in detail in
the release. However, the original conveyance must be clearly described in
enough detail to identify it, including

its date, the names of the parties, the
date of FAA recording, and the recorded conveyance number.
(6) A contract of conditional sale, as
defined in section 101(19) of the Federal
Aviation Act of 1958 (49 U.S.C. 1301(19)),
must be signed by all parties to the
contract.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Amdt. 49–9, 53 FR 1915, Jan. 25, 1988]

§ 49.19 Effective date of filing for recordation.
A conveyance is filed for recordation
upon the date and at the time it is received by the FAA Aircraft Registry.
§ 49.21

Return of original conveyance.

If a person submitting a conveyance
for recording wants the original returned 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 recording. The copy must be imprinted
on paper permanent in nature, including 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. 49–1, 31 FR 4499, Mar. 17,
1966]

Subpart C—Aircraft Ownership
and Encumbrances Against
Aircraft
§ 49.31

Applicability.

This subpart applies to the recording
of the following kinds of conveyances:
(a) A bill of sale, contract of conditional 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, or other instrument 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.

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§ 49.33

14 CFR Ch. I (1–1–02 Edition)

§ 49.33 Eligibility for recording: general requirements.
A conveyance is eligible for recording
under this subpart only 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, manufacturer’s serial number, and United States registration
number, or other detail that makes
identification possible;
(c) It is an original document, or a
duplicate original document, or if neither the original nor a duplicate original of a document is available, a true
copy of an original document, certified
under § 49.21;
(d) It affects aircraft registered under
section 501 of the Federal Aviation Act
of 1958 (49 U.S.C. 1401); and
(e) It is accompanied by the recording 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. 49–1, 31 FR 4499, Mar. 17,
1966]

§ 49.35 Eligibility for recording: ownership requirements.
If the seller of an aircraft is not
shown on the records of the FAA as the
owner of the aircraft, a conveyance, including a contract of conditional sale,
submitted for recording under this subpart must be accompanied by bills of
sale or similar documents showing consecutive transfers from the last registered owner, through each intervening owner, to the seller.
§ 49.37 Claims for salvage or extraordinary expenses.
The right to a charge arising out of a
claim for compensation for salvage of
an aircraft or for extraordinary expenses indispensable for preserving the
aircraft in operations terminated in a
foreign country that is a party to the
Convention on the International Recognition 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 months

after the date of termination of the salvage or preservation operations.

Subpart
D—Encumbrances
Against Specifically Identified
Aircraft Engines and Propellers
§ 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, contract of conditional sale, or other instrument executed for security purposes, which affects title to, or any interest in, any specifically identified
aircraft engine of 750 or more rated
takeoff horsepower, or the equivalent
of that horsepower, or a specifically
identified aircraft propeller capable of
absorbing 750 or more rated takeoff
shaft horsepower.
(b) An assignment or amendment of,
or supplement to, an instrument
named in paragraph (a) of this section.
(c) A release, cancellation, discharge,
or satisfaction of a conveyance named
in paragraph (a) or (b) of this section.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan 21,
1970]

§ 49.43 Eligibility for recording: general requirements.
A conveyance is eligible for recording
under this subpart only if, in addition
to the requirements of §§ 49.11, 49.13,
and 49.17, the following requirements
are met:
(a) It affects and describes an aircraft
engine or propeller to which this subpart applies, specifically identified by
make, model, horsepower, and manufacturer’s serial number; and
(b) It is accompanied by the recording fee required by § 49.15, but there is
no fee for recording a conveyance
named in § 49.41(c).
§ 49.45 Recording of releases, cancellations, discharges, and satisfactions:
special requirements.
(a) A release, cancellation, discharge,
or satisfaction of an encumbrance created by an instrument recorded under

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Federal Aviation Administration, DOT

§ 49.55

this subpart must be in a form equivalent to AC Form 8050–41 and contain a
description of the encumbrance, the recording information furnished to the
holder at the time of recording, and the
collateral released.
(b) If more than one engine or propeller, or both, are listed in an instrument, recorded under this subpart, that
created an encumbrance thereon and
all of them are released, they need not
be listed by serial number, but the release, cancellation, discharge, or satisfaction must state that all of the encumbered engines or propellers are released. The original recorded document
must be clearly identified by the
names of the parties, the date of FAA
recording, and the document date.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–7, 37 FR 25487, Dec. 1,
1972]

Subpart E—Encumbrances Against
Air Carrier Aircraft Engines,
Propellers, Appliances, and
Spare Parts
§ 49.51

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, contract of
conditional sale, or other instrument
executed for security purposes, which
affects title to, or any interest in, any
aircraft engine, propeller, or appliance
maintained by or on behalf of an air
carrier certificated under section 604(b)
of the Federal Aviation Act of 1958 (49
U.S.C. 1424(b)) for installation or use in
aircraft, aircraft engines, or propellers,
or any spare parts, maintained at a
designated location or locations by or
on behalf of such an air carrier.
(b) An assignment or amendment of,
or supplement to, an instrument
named in paragraph (a) of this section.
(c) A release, cancellation, discharge,
or satisfaction of a conveyance named
in paragraph (a) or (b) of this section.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan. 21,
1970]

§ 49.53 Eligibility for recording: general requirements.
(a) A conveyance is eligible for recording under this subpart only if, in
addition to the requirements of §§ 49.11,
49.13, and 49.17, the following requirements are met:
(1) It affects any aircraft engine, propeller, appliance, or spare part, maintained by or on behalf of an air carrier
certificated under section 604(b) of the
Federal Aviation Act of 1958 (49 U.S.C.
1424(b));
(2) It contains or is accompanied by a
statement by the air carrier certificated under that section;
(3) It specifically describes the location or locations of each aircraft engine, propeller, appliance, or spare part
covered by it; and
(4) It is accompanied by the recording
fee required by § 49.15, but there is no
fee for recording a conveyance named
in § 49.51(c).
(b) The conveyance need only describe generally, by type, the engines,
propellers, appliances, or spare parts
covered by it.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–5, 35 FR 802, Jan. 21,
1970]

§ 49.55 Recording of releases, cancellations, discharges, and satisfactions:
special requirements.
(a) A release, cancellation, discharge,
or satisfaction of an encumbrance on
all of the collateral listed in an instrument recorded under this subpart, or
on all of the collateral at a particular
location, must be in a form equivalent
to AC Form 8050–41, signed by the holder of all of the collateral at the particular location, and contain a description of the encumbrance, the recording
information furnished to the holder at
the time of recording, and the location
of the released collateral.
(b) If the encumbrance on collateral
at all of the locations listed in an instrument recorded under this subpart
is released, canceled, discharged, or
satisfied, the locations need not be listed. However, the document must state
that all of the collateral at all of the
locations listed in the encumbrance

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§ 49.55

14 CFR Ch. I (1–1–02 Edition)

has been so released, canceled, discharged, or satisfied. The original recorded document must be clearly identified by the names of the parties, the

date of recording by the FAA, and the
document number.
[Doc. No. 1996, 29 FR 6486, May 19, 1964, as
amended by Amdt. 49–1, 31 FR 4499, Mar. 17,
1966; Amdt. 49–7, 37 FR 25487, Dec. 1, 1972]

PARTS 50–59 [RESERVED]

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