§44108 — Title 49 Transportation | U.S. Code

Summary

A transfer, lease, or security paper for aircraft or aircraft parts only becomes fully effective against everyone once it is filed under section 44107. Before filing, it only affects the person who made it, that person’s heirs or people they left property to, and anyone who actually knew about it. After filing, it is effective from the filing date against all people without any other filing. Two limits apply: a filing for a specifically named engine or propeller covers only that engine or propeller and is not changed by other filings, and a filing under the location-based rules covers only items at the place named. Which state, District, or territory law governs depends on where the paper was delivered; if the paper names a delivery place, it is assumed to have been delivered there. That rule does not override the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty. These rules do not apply to transfers made before August 22, 1938 (for 44107(a)(1)) or before June 20, 1948 (for 44107(a)(2)).

Title 49, §44108

Transportation — Source: USLM XML via OLRC

(a)Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is valid only against—

(1)the person making the conveyance, lease, or instrument;

(2)that person’s heirs and devisees; and

(3)a person having actual notice of the conveyance, lease, or instrument.

(b)When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that—

(1)a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and

(2)a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.

(c)(1)The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.

(2)This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.

(d)This section does not apply to—

(1)a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or

(2)a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44108(a)49 App.:1403(c) (less words after semicolon).Aug. 23, 1958, Pub. L. 85–726, § 503(c), 72 Stat. 773. 44108(b)49 App.:1403(d).Aug. 23, 1958, Pub. L. 85–726, § 503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, § 3, 73 Stat. 181. 44108(c)(1)49 App.:1406.Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 506; added June 30, 1964, Pub. L. 88–346, § 1(a), 78 Stat. 236. 44108(c)(2)49 App.:1406 (note).June 30, 1964, Pub. L. 88–346, § 1(c), 78 Stat. 236. 44108(d)49 App.:1403(c) (words after semicolon). In subsection (a), before clause (1), the words “conveyance, lease, or instrument executed for security purposes” are substituted for “conveyance or instrument” for clarity and consistency in this subchapter. The words “in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts” are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words “person making the conveyance, lease, or instrument” are substituted for “the person by whom the conveyance or other instrument is made or given” to eliminate unnecessary words and for consistency in this subchapter. In subsection (b), before clause (1), the words “When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing” are substituted for “Each conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of the section shall from the time of its filing for recordation” for clarity and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words “is valid” are substituted for “Provided, That . . . shall not be affected” for consistency in this subchapter. The words “or engines . . . or propellers” are omitted because of 1:1. In clause (2), the words “is valid” are substituted for “shall be effective” for consistency in this subchapter. The words “for items at the location designated in the lease or instrument” are substituted for “which may from time to time be situated at the designated location or locations and only while so situated” for clarity and to eliminate unnecessary words. In subsection (c)(1), the words “conveyance, lease, or” are added for consistency in this subchapter. The words “the conveyance, lease, or instrument” are substituted for “therein”, and the words “it is presumed” are substituted for “it shall constitute presumptive evidence”, for clarity. In subsection (d)(2), the words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.

Editorial Notes

Amendments

2004—Subsec. (c)(2). Pub. L. 108–297 inserted “or the Cape Town Treaty, as applicable” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.

§44108 Validity of conveyances, leases, and security instruments