868
14 CFR Ch. I (1–1–19 Edition)
§ 47.5
States, and the aircraft is based and
primarily used in the United States; or
(4) An aircraft of—
(i) The United States Government; or
(ii) 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) No person may operate an aircraft
that is eligible for registration under 49
U.S.C. 44101–44104, unless the aircraft—
(1) Has been registered by its owner;
(2) Is carrying aboard the temporary
authorization required by § 47.31(c); or
(3) Is an aircraft of the Armed Forces
of the United States.
(c) Governmental units are those
named in paragraph (a) of this section
and Puerto Rico.
[Doc. No. 7190, 31 FR 4495, Mar. 17, 1966, as
amended by Amdt. 47–20, 44 FR 61939, Oct. 29,
1979; Amdt. 47–27, 70 FR 244, Jan. 3, 2005;
Amdt. 47–29, 75 FR 41979, July 20, 2010; Doc.
No. FAA–2015–7396; Amdt. 47–30, 80 FR 78645,
Dec. 16, 2015]
§ 47.5
Applicants.
(a) A person who wishes to register
an aircraft in the United States must
submit an Aircraft Registration Appli-
cation, AC Form 8050–1 under this part.
(b) An aircraft may be registered
only by and in the legal name of its
owner.
(c) 49 U.S.C. 44103(c), provides that
registration is not evidence of owner-
ship of aircraft in any proceeding in
which ownership by a particular person
is in issue. The FAA does not issue any
certificate of ownership or endorse any
information with respect to ownership
on a Certificate of Aircraft Registra-
tion, AC Form 8050–3. The FAA issues a
Certificate of Aircraft Registration, AC
Form 8050–3 to the person who appears
to be the owner on the basis of the evi-
dence of ownership submitted pursuant
to § 47.11 with the Aircraft Registration
Application, or recorded at the Reg-
istry.
(d) In this part, ‘‘owner’’ includes a
buyer in possession, a bailee, or a les-
see of an aircraft under a contract of
conditional sale, and the assignee of
that person.
[Amdt. 47–20, 44 FR 61939, Oct. 29, 1979, as
amended by Amdt. 47–27, 70 FR 244, Jan. 3,
2005; Amdt. 47–29, 75 FR 41979, July 20, 2010]
§ 47.7
United States citizens and resi-
dent aliens.
(a)
U.S. citizens.
An applicant for air-
craft registration under this part who
is a U.S. citizen must certify to this in
the Aircraft Registration Application,
AC Form 8050–1.
(b)
Resident aliens.
An applicant for
aircraft registration under 49 U.S.C.
44102 who is a resident alien must fur-
nish a representation of permanent res-
idence and the applicant’s alien reg-
istration number issued by the Depart-
ment of Homeland Security.
(c)
Trustees.
An applicant for aircraft
registration under 49 U.S.C. 44102 that
holds legal title to an aircraft in trust
must comply with the following re-
quirements:
(1) Each trustee must be either a U.S.
citizen or a resident alien.
(2) The applicant must submit with
the Aircraft Registration Application—
(i) A copy of each document legally
affecting a relationship under the
trust;
(ii) If each beneficiary under the
trust, including each person whose se-
curity interest in the aircraft is incor-
porated in the trust, is either a U.S.
citizen or a resident alien, an affidavit
by the applicant to that effect; and
(iii) If any beneficiary under the
trust, including any person whose secu-
rity interest in the aircraft is incor-
porated in the trust, is not a U.S. cit-
izen or resident alien, an affidavit from
each trustee stating that the trustee is
not aware of any reason, situation, or
relationship (involving beneficiaries or
other persons who are not U.S. citizens
or resident aliens) as a result of which
those persons together would have
more than 25 percent of the aggregate
power to influence or limit the exercise
of the trustee’s authority.
(3) If persons who are neither U.S.
citizens nor resident aliens have the
power to direct or remove a trustee, ei-
ther directly or indirectly through the
control of another person, the trust in-
strument must provide that those per-
sons together may not have more than
25 percent of the aggregate power to di-
rect or remove a trustee. Nothing in
this paragraph prevents those persons
from having more than 25 percent of
the beneficial interest in the trust.
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