Section 91.23

14 CFR Ch. I (1-1-19 Edition)

has determined will not cause interference with the navigation or communication 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 paragraph (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.

kpayne on VMOFRWIN702 with $$_JOB

Section 91.23 Truth-in-leasing clause requirement 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 involving 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 following with respect to each such aircraft:
(1) Identification of the Federal Aviation Regulations under which the aircraft has been maintained and inspected during the 12 months preceding
the execution of the lease or contract
of conditional sale, and certification by
the parties thereto regarding the aircraft-s status of compliance with applicable maintenance and inspection requirements in this part for the operation 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 person-s responsibilities for compliance
with applicable Federal Aviation Regulations.
(3) A statement that an explanation
of factors bearing on operational control 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 conditional sale when - 
(i) The party to whom the aircraft is
furnished is a foreign air carrier or certificate 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 operating under part 121, 125, and 141 of this
chapter, or a person operating under
part 135 of this chapter having authority 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 execution of the contract, except as a new
aircraft under a dealer-s aircraft registration certificate issued in accordance with Section 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 conditional 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 review upon request by the Administrator, and
(3) The lessee or conditional buyer, or
the registered owner if the lessee is not
a citizen of the United States, has notified by telephone or in person the responsible Flight Standards office. Unless otherwise authorized by that office, 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 departure;
(ii) The departure time; and

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