§44102 — Title 49 Transportation | U.S. Code

Summary

Only certain aircraft can be registered under section 44103. The plane must not be registered in another country and must be owned by a U.S. citizen, a lawful permanent resident, a corporation formed and operating under U.S. or state law whose aircraft is based and mainly used in the United States, or by the U.S. Government, a State, the District of Columbia, a U.S. territory or possession, or their political subdivisions. The Secretary of Transportation must define what "based and primarily used in the United States" means for the corporate case.

Title 49, §44102

Transportation — Source: USLM XML via OLRC

(a)An aircraft may be registered under section 44103 of this title only when the aircraft is—

(1)not registered under the laws of a foreign country and is owned by—

(A)a citizen of the United States;

(B)an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or

(C)a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or

(2)an aircraft of—

(A)the United States Government; or

(B)a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.

(b)In carrying out subsection (a)(1)(C) of this section, the Secretary of Transportation shall define “based and primarily used in the United States”.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44102(a)(1)49 App.:1401(b) (1st sentence cl. (1)).Aug. 23, 1958, Pub. L. 85–726, § 501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L. 95–163, § 14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119. 44102(a)(2)49 App.:1401(b) (1st sentence cl. (2)). 44102(b)49 App.:1401(b) (last sentence). In subsection (a), before clause (1), the words “may be registered” are substituted for “shall be eligible for registration”, and the words “under section 44103 of this title” are added, for clarity. The words “only when” are substituted for “if, but only if” for consistency. In subclause (C), the words “not a citizen of the United States” are substituted for “(other than a corporation which is a citizen of the United States)” to eliminate unnecessary words. The word “lawfully” is omitted as surplus. In subsection (b), the words “In carrying out subsection (a)(1)(C) of this section” are added because of the restatement. The words “by regulation” are omitted as unnecessary because of 49:322(a).

§44102 Registration Requirements

Summary

Title 49, §44102

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata