Title 49 — TransportationRelease 119-73
§44101 Operation of aircraft
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 441— - REGISTRATION AND RECORDATION OF AIRCRAFT › § 44101
Summary
You may not operate an aircraft unless it is registered under section 44103 of this title. There are three exceptions. One, if you are authorized under section 40103(d) or 41703. Two, if the aircraft is of the national defense forces of the United States and is identified in a way the Administrator of the Federal Aviation Administration accepts. Three, for a reasonable time after the aircraft is sold, under rules the Administrator sets.
Full Legal Text
Title 49, §44101
Transportation — Source: USLM XML via OLRC
(a)Except as provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered under section 44103 of this title.
(b)A person may operate an aircraft in the United States that is not registered—
(1)when authorized under section 40103(d) or 41703 of this title;
(2)when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation Administration; and
(3)for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 44101(a)49 App.:1401(a) (1st sentence words before proviso less words between parentheses).Aug. 23, 1958, Pub. L. 85–726, § 501(a), 72 Stat. 771. 44101(b)49 App.:1401(a) (1st sentence words between parentheses, proviso, last sentence). 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. In this section, the word “navigate” is omitted as being included in the definition of “operate aircraft” in section 40102(a) of the revised title. In subsection (a), the words “Except as provided in subsection (b) of this section” are added for clarity. The words “a person may . . . an aircraft only when the aircraft is registered under section 44103 of this title” are substituted for “It shall be unlawful . . . any aircraft eligible for registration if such aircraft is not registered by its owner as provided in this section, or . . . any aircraft not eligible for registration” for clarity and to eliminate unnecessary words. In subsection (b), before clause (1), the words “A person may operate an aircraft in the United States that is not registered” are substituted for “may be operated and navigated without being so registered” and “may . . . permit the operation and navigation of aircraft without registration” for clarity. In clause (2), the words “identified in a way” are substituted for “identified, by the agency having jurisdiction over them, in a manner” to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Effective Date
of 2004 Amendment Pub. L. 108–297, § 7, Aug. 9, 2004, 118 Stat. 1097, provided that: “This Act [see
Short Title
of 2004 Amendment note set out under section 40101 of this title], including any
Amendments
made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such
Effective Date
under chapter 441 of such title or any legal rights relating to such registration or recordation.” [The Cape Town Treaty entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.]
Regulations
Pub. L. 108–297, § 4, Aug. 9, 2004, 118 Stat. 1096, provided that: “(a) In General.—The Administrator of the Federal Aviation Administration shall issue
Regulations
necessary to carry out this Act [see
Short Title
of 2004 Amendment note set out under section 40101 of this title], including any
Amendments
made by this Act. “(b) Contents of
Regulations
.—
Regulations
to be issued under this Act shall specify, at a minimum, the requirements for—“(1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and “(2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town Treaty. “(c) Expedited Rulemaking Process.—“(1) Final rule.—The Administrator shall issue
Regulations
under this section by publishing a final rule by December 31, 2004. “(2)
Effective Date
.—The final rule shall not be effective before the date the Cape Town Treaty enters into force with respect to the United States [Mar. 1, 2006, see
Effective Date
of 2004 Amendment note above]. “(3) Economic analysis.—The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule. “(d) Applicability of Treaty.—Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal
Regulations
, Articles IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the
Effective Date
of the final rule under this section or December 31, 2004.” Cape Town Treaty; Findings and Purpose Pub. L. 108–297, § 2, Aug. 9, 2004, 118 Stat. 1095, provided that: “(a) Findings.—Congress finds the following:“(1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice. “(2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft engines. “(3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world. “(4) Only technical changes to United States law and
Regulations
are required since the asset-based financing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code. “(5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well. “(6) The United States Government was a leader in the development of the Cape Town Treaty. “(b) Purpose.—Accordingly, the purpose of this Act [see
Short Title
of 2004 Amendment note set out under section 40101 of this title] is to provide for the implementation of the Cape Town Treaty in the United States by making certain technical
Amendments
to the provisions of chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to complete the necessary rulemaking processes as expeditiously as possible, and clarifying the applicability of the Treaty during the rulemaking process.”
Reference
Citations & Metadata
Citation
49 U.S.C. § 44101
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73