November 26, 2014 – Newsletter

Posted by on November 26, 2014

BATI QUOTES

The most difficult thing is the decision to act, the rest is merely tenacity.
Amelia Earhart – Pilot 

Earhart was the first female aviator to fly solo across the Atlantic Ocean. She received the U.S. Distinguished Flying Cross for this record.

 

BATI NEWSLETTER

Temporary Certificates of Registration for International Operations

Pink copy of the Aircraft Registration Application
is carried on board the aircraft after ownership of an aircraft changes and acts as temporary authority to operate the aircraft domestically in lieu of registration as long as evidence of ownership and Aircraft Registration Application are delivered to the FAA.

The pink copy of the application may be used for operation of aircraft within the U.S.  If the aircraft is not registered within 90 days, a letter of extension may be furnished to the applicant, which must be carried in the aircraft with the pink copy of the application.  Article 29 of the Convention on International Civil Aviation provides that every aircraft of a contracting state engaged in international navigation shall carry its Certificate of Aircraft Registration.  Therefore, other countries are not required to recognize the pink copy of the application or the letter of extension. Pink slips are not valid for international operation of an aircraft.

Temporary Certificate of Registration (the “fly wire”)
This is a temporary certificate of the registration – the FAA issues this after it has expedited processing the Aircraft Registration Application and evidence of ownership (usually within 24 to 48 hours, rather than the usual wait for the backlog). Fly wires are valid for international operations because they are evidence that the aircraft is registered in the United States.

Before the FAA will expedite registration for purposes of immediate international flight, the Registry requires a “Declaration of International Operations” form be submitted to the Registry, signed by the owner of the aircraft.

This forms states:

  • The name of the departure city in the United States
  • The name of the destination city in the foreign country
  • The specific date of the flight
  • A statement confirming that the signatory of this document is aware that whoever, in any matter within the jurisdiction of the executive branch of the Government of the United States, knowingly and willfully makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or representation shall be fined under Title 18 United States Code or imprisoned not more than year years, or both.  18 U.S.C. 1001(a).

If documents have been in process for a few days it is still possible to submit the Declaration of International Operations (by fax will do) and the Registry will associate your request for expedited registration in the in-process documents.

Interestingly, if the FAA does not receive the Declaration of International Operations with sufficient lead-time to issue the fly wire on or before the stated date of the international flight, the registration process falls back into the routine processing batches.  The FAA will process a new Declaration which the owner must re-submit with a specific international flight sometime in the near future if the aircraft is rescheduled for another international flight.

Is a flight from the mainland United States to Hawaii considered an “international Flight”?
Yes.  The opinion of the Aeronautical Center Counsel’s office is that U.S. civil aircraft which commence operation from within the United States and proceed outside the United States (12 nautical miles from the coast of the United States or over a foreign country’s airspace) must carry a certificate of aircraft registration.

Please note:  The Aeronautical Center Counsel’s office has specifically opined that any direct flight from the United States to a territory or possession of the United Sates, or vice versa, must have aboard a certificate of aircraft registration; and

Direct flights from a state in the contiguous United States to Alaska or Hawaii, or vice versa, must have aboard a certificate of aircraft registration.

BATI is happy to provide a form of Declaration of International Operations to our clients!