October 28, 2013 – Newsletter
An optimist sees an opportunity in every calamity; a pessimist sees a calamity in every opportunity. For myself, I am an optimist – it does not seem to be much use being anything else.
– Winston Churchill
The Treaties, the Public Law, the Regulations and FAA’s Examination Guidelines
The Chicago Convention – created the International Civil Aviation Organization (“ICAO”)
December 4, 1944 – The Convention on International Civil Aviation provides that an aircraft cannot be validly registered in more than one State, but that registration can be changed from one State to another; every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks;
every aircraft of a contracting State, engaged in international navigation, shall carry the following documents in conformity with the conditions preserved in this Convention:
(a) its certificate of registration
(b) its certificate of airworthiness
(c) appropriate certificates and licenses for each member of the crew
(d) its journey log book
(e) if equipped with radio apparatus, the aircraft radio station license
(f) if it carries passengers, a list of their names and places of embarkation and destination
(g) if it carries cargo, a manifest and detailed declarations of the cargo
The Geneva Convention
June 19, 1948 – Convention on the International Recognition of Rights in Aircraft
All recordings relating to a given aircraft must appear in the same record; no transfer of an aircraft from the national register of a contracting State to that of another contracting State shall be made, unless all holders of recorded rights have been satisfied or consent to the transfer. The signatories to the Geneva Convention will address the lien status of an aircraft when they notify foreign registries that aircraft have been removed from their national registry.
The Cape Town Convention – the Convention on International interests in Mobile Equipment and its related Protocol, the Protocol to the Convention on International Interests in Mobile Equipment on matters Specific to Aircraft Equipment.
Cape Town modified existing law and created new law – it created an international secured finance system by establishing “international interests” with respect to specified financing instruments that affect designated classes of aircraft. The perfection of the international interests and determination of priority of the interest vis-à-vis other international interests is accomplished through “registration” (electronically) with an “international registry” in Dublin, Ireland, which replaces the FAA (in the United States) as far as perfection of priority is concerned.
Public Law – July 5, 1994: 49 USC §44101, et seq – Registration and Recordation of Aircraft. This is the Transportation Code.
Federal Regulations: 14 CFR 47, Aircraft Registration; 14 CFR 49, Recording of Aircraft Titles and Security Documents – This is the Code of Federal Regulations
FAA Examination Guidelines
A compendium of information, schedules, sample documents, guidelines, interpretations and instructions to FAA legal instruments examiners designed as a reference for registering aircraft and recording interests in U.S. registered aircraft.
BATI – FAA and IR UPDATES
The Civil Aviation Registry has been back to work for a week now. The mail backlog is __ and it should be very soon that imports, exports and international operations can be worked as priorities again.
We hope the Registry will petition the FAA to categorize the Aircraft Registration Branch as an essential government operation so that we don’t have to go through this again!
BATI Pot Pourri
The Cessna 208 Caravan is a single turboprop engine, fixed-gear short-haul regional airliner and utility aircraft that is built in the US by Cessna. The airplane typically seats nine passengers with a single pilot, although with FAA Part 23 waiver it can seat up to fourteen passengers. The aircraft is also used for cargo feederliner operations. The prototype first flew in December 1982. In January 2013 a higher-powered version, the Grand Caravan EX (with an 867 shp P&WC PT6A-140 engine), received FAA certification. The higher-powered version will be produced by a Cessna-AVIC joint venture in China.
Crew: One pilot
Capacity: nine passengers or 14 with FAR Part 23 waiver
Length: 41′ 7″