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Show Questions- 1. Which authority is in charge of the civil aviation registry in this location? Does this location use a single-registry system or is there a dual-registry system in place?
- 2. Is the registry an operator registry or an owner registry (or both)?
- 3. What are the requirements and documentation to register an aircraft in this location? Include references to formalities such as notarisation, legalization, etc.
- 4. What fees are payable to register an aircraft in this location?
- 5. Are there any weight and/or maximum age restrictions to register an aircraft in this location?
- 6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of this location?
- 7. How is an aircraft title transfer effected in this location? What are the formalities required to register such title transfer in the national registry of this location (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
- 8. What information and details are reflected in the certificate of registration of an aircraft?
- 9. Are the entries in the aircraft registry of this location made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
- 10. What kind of aircraft operations can be conducted with aircraft registered in this location (i.e., private use, commercial air transport or both)?
- 11. Does the civil aviation authority in this location authorise the operation of foreign registered aircraft? If so, with which countries has this location entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
- 12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in this location?
- 13. What are the formalities required to register a mortgage / lease / security interest in the national registry of this location (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
- 14. Is a mortgage priority notice an available security instrument for aircraft financiers in this location?
- 15. Does an aircraft mortgage duly registered in the national registry of this location extend to engines and other parts of such aircraft (either installed or not on the airframe)?
- 16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of this location?
- 17. Do the laws of this location provide for possessory rights and/or rights of detention over aircraft in favor of third parties (such as airport taxes, customs duties, air navigation charges, crew’s wages, MRO’s receivables)?
- 18. Are foreign law-governed security agreements (e.g., mortgages) recognized in this location in order to validly create a security interest over an aircraft registered in the national registry of this location? If so, are there any formalities/requirements to bear in mind?
- 19. Are foreign law-governed leases recognized in this location in order to validly lease an aircraft registered in the national registry of this location to a lessee incorporated in this location? If so, are there any formalities/requirements to bear in mind?
- 20. Has this location ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has this location made any declarations to better determine the scope of application of the Convention / Protocol in this location? If so, what is the impact of such declarations on aircraft registration issues? Are there any specific aspects relating to the enforcement of IDERA’s to be considered?
- 21. What are the requirements and documentation to deregister an aircraft from this location? How does the aircraft deregistration process work?
- 22. What fees are payable to deregister an aircraft from this location?
- 23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from this location?
- 24. What are the usual practical difficulties (if any) involved in deregistering aircraft from this location?
- 25. How long does deregistration take, both where there is co-operation from the defaulted party (mortgagor / lessee / Operator) and where there is no such co-operation from it?
- 26. Please outline the applicable repossession rules under the national laws of this location (and the Cape Town Convention, if applicable) following an event of default under a mortgage or a lease, including registration issues with the national registry in this location.
Aicraft Title & Registrations
10. What kind of aircraft operations can be conducted with aircraft registered in this location (i.e., private use, commercial air transport or both)?
Austria
At Austro Control aircraft can be registered for conducting private and commercial aircraft operations, provided of course that all formal requirements are met.
Colombia
Each certificate in the Aeronautical National Registry displays the following information:
- identification of the aircraft such as nationality, brand, serial number, manufacturer’s designation, etc.;
- owner name;
- operator name;
- legal aspects: mortgages, leases, warranties, liens, ownership restrictions, etc.; and
- CAA’s observations.
Germany
Both private and commercial air transport however, commercial air transport may only be made if the aircraft is operated by an airline having an air operator certificate on which the respective aircraft is included.
India
Certificate of Registration of an aircraft is not equivalent to an operator permit. For different types of operations, relevant approvals must be sought from the DGCA.
Israel
Both, subject to the applicable legislation and holding the necessary licenses and certifications.
Kenya
Both private and commercial air transport operations can be conducted with aircraft registered in Kenya. However, it is worth noting that commercial air transport operations4 are subject to heightened regulatory scrutiny. For example, no operator can engage in commercial air transport in Kenya unless the operator is issued with an air operator certificate by the KCAA.
Malta
An aircraft registered in Malta can use the aircraft for purposes relating to private use and commercial air transport.
Mexico
The following aircraft operations can be conducted with aircraft registered in Mexico:
- domestic scheduled air transportation;
- international scheduled air transportation;
- domestic non-scheduled air transportation;
- international non-scheduled air transportation;
- private commercial air transportation, and
- private non-commercial air transportation.
Norway
The aircraft may be used both for private and commercial purposes. The register applies to all aircraft, regardless of their use. See the above definition of aviation and aircraft in the Norwegian legislation.
Pakistan
Both private use and commercial air transport operations can be conducted with aircraft registered in Pakistan.
Panama
Panamanian law allows private and commercial use of aircraft subject to compliance with regulations and obtention of the AAC license.
Peru
Each certificate in the Aeronautical National Registry displays the following information:
- identification of the aircraft: nationality, brand, serial number, manufacturer’s designation, etc.;
- owner/Lessor name;
- operator/Lessee name;
- legal aspects: mortgages, leases, warranties, liens, ownership restrictions, etc.; and
- DGAC’s (Dirección General de Aeronáutica Civil) observations.
Philippines
PCAR Part 8 provides that Aircraft Operations that can be conducted with the registered aircraft are commercial air transport operations and general aviation operations
Commercial air transport shall include operations involving the transport of passengers, cargo, or mail for remuneration or hire. General aviation operation refers to any other aircraft operations than a commercial air transport operation or an aerial work operation.
Poland
There is no limit on the type of operations associated with the registration of a civil aircraft with the Polish registry of civil aircraft, or there are no separate registers for different aircraft uses. The only plausibly related exception is the separate register for state-owned aircraft, for the military, police, fire departments, etc.
Of course, the above is without prejudice to other regulations restricting the right to use aircraft for specific types of operations, including those associated with the aircraft’s airworthiness, operator’s licence, and any other permits that may be required.
Portugal
Aircraft operations can be conducted in Portugal for private use, commercial air transport, and for aerial work, depending on the aircraft type and operator’s license.
Romania
An aircraft registered in Romania may be operated for both commercial air transport and private use. The aircraft may also be used for specialized commercial operations (other than commercial air transport) performed in areas such as agriculture, construction, photography, surveillance, observation and patrol, and aerial advertising.
Serbia
Both, private use and commercial transport can be conducted with aircraft registered in Serbia. If the aircraft is to be used for commercial air transport, the operator must possess a Certificate of the air traffic operator issued by the Directorate.
Slovenia
Both private use and commercial air transport can be conducted with aircraft registered in Slovenia.
South Africa
Both.
Sweden
When an aircraft is registered it is automatically eligible for private use. However, in order to use the aircraft for commercial air transport, an Air Operating Certificate and an Operating License are required.
However, regardless of the use, the aircraft has to have an airworthiness certificate or a permit to fly issued by the Authority.
Switzerland
The operation of Swiss-registered aircraft is, like in the EU, governed by the Regulation (EU) No. 965/2012 and, subject to the conditions set out in that regulation, aircraft can be used for commercial, non-commercial, and specialised operations.
The Bahamas
Bahamian registered aircraft may be operated under any of the following type of operations:
- Commercial Air Transportation – Airplanes (Air Operator Certificate),
- Private Airplanes or helicopter for general aviation,
- Commercial Air Transportation – Helicopters (Operator Certificate),
- Remotely Piloted Aircraft Systems (RPAS),
- Aerial work activities or,
- Commercial under a foreign Air Operator Certificate utilizing an ICAO 83bis Agreement.
USA – Miami
Both.
USA – Oklahoma City
Aircraft registered in the U.S. may be operated for both private use and commercial air transport. The aircraft owner and operator should consult with appropriate counsel to ensure that the aircraft is operated in accordance with applicable FAA regulations.