714 

14 CFR Ch. I (1–1–19 Edition) 

§ 91.23 

has determined will not cause inter-
ference with the navigation or commu-
nication system of the aircraft on 
which it is to be used. 

(c) In the case of an aircraft operated 

by a holder of an air carrier operating 
certificate or an operating certificate, 
the determination required by para-
graph (b)(5) of this section shall be 
made by that operator of the aircraft 
on which the particular device is to be 
used. In the case of other aircraft, the 
determination may be made by the 
pilot in command or other operator of 
the aircraft. 

§ 91.23

Truth-in-leasing clause require-

ment in leases and conditional sales 
contracts. 

(a) Except as provided in paragraph 

(b) of this section, the parties to a 
lease or contract of conditional sale in-
volving a U.S.-registered large civil 
aircraft and entered into after January 
2, 1973, shall execute a written lease or 
contract and include therein a written 
truth-in-leasing clause as a concluding 
paragraph in large print, immediately 
preceding the space for the signature of 
the parties, which contains the fol-
lowing with respect to each such air-
craft: 

(1) Identification of the Federal Avia-

tion Regulations under which the air-
craft has been maintained and in-
spected during the 12 months preceding 
the execution of the lease or contract 
of conditional sale, and certification by 
the parties thereto regarding the air-
craft’s status of compliance with appli-
cable maintenance and inspection re-
quirements in this part for the oper-
ation to be conducted under the lease 
or contract of conditional sale. 

(2) The name and address (printed or 

typed) and the signature of the person 
responsible for operational control of 
the aircraft under the lease or contract 
of conditional sale, and certification 
that each person understands that per-
son’s responsibilities for compliance 
with applicable Federal Aviation Regu-
lations. 

(3) A statement that an explanation 

of factors bearing on operational con-
trol and pertinent Federal Aviation 
Regulations can be obtained from the 
responsible Flight Standards office. 

(b) The requirements of paragraph (a) 

of this section do not apply— 

(1) To a lease or contract of condi-

tional sale when— 

(i) The party to whom the aircraft is 

furnished is a foreign air carrier or cer-
tificate holder under part 121, 125, 135, 
or 141 of this chapter, or 

(ii) The party furnishing the aircraft 

is a foreign air carrier or a person oper-
ating under part 121, 125, and 141 of this 
chapter, or a person operating under 
part 135 of this chapter having author-
ity to engage in on-demand operations 
with large aircraft. 

(2) To a contract of conditional sale, 

when the aircraft involved has not been 
registered anywhere prior to the execu-
tion of the contract, except as a new 
aircraft under a dealer’s aircraft reg-
istration certificate issued in accord-
ance with § 47.61 of this chapter. 

(c) No person may operate a large 

civil aircraft of U.S. registry that is 
subject to a lease or contract of condi-
tional sale to which paragraph (a) of 
this section applies, unless— 

(1) The lessee or conditional buyer, or 

the registered owner if the lessee is not 
a citizen of the United States, has 
mailed a copy of the lease or contract 
that complies with the requirements of 
paragraph (a) of this section, within 24 
hours of its execution, to the Aircraft 
Registration Branch, Attn: Technical 
Section, P.O. Box 25724, Oklahoma 
City, OK 73125; 

(2) A copy of the lease or contract 

that complies with the requirements of 
paragraph (a) of this section is carried 
in the aircraft. The copy of the lease or 
contract shall be made available for re-
view upon request by the Adminis-
trator, and 

(3) The lessee or conditional buyer, or 

the registered owner if the lessee is not 
a citizen of the United States, has noti-
fied by telephone or in person the re-
sponsible Flight Standards office. Un-
less otherwise authorized by that of-
fice, the notification shall be given at 
least 48 hours before takeoff in the case 
of the first flight of that aircraft under 
that lease or contract and inform the 
FAA of— 

(i) The location of the airport of de-

parture; 

(ii) The departure time; and 

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