
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44108]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
          CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT
 
Sec. 44108. Validity of conveyances, leases, and security 
        instruments
        
    (a) Validity Before Filing.--Until a conveyance, lease, or 
instrument executed for security purposes that may be recorded under 
section 44107(a)(1) or (2) of this title is filed for recording, the 
conveyance, lease, or instrument is valid only against--
        (1) the person making the conveyance, lease, or instrument;
        (2) that person's heirs and devisees; and
        (3) a person having actual notice of the conveyance, lease, or 
    instrument.

    (b) Period of Validity.--When a conveyance, lease, or instrument is 
recorded under section 44107 of this title, the conveyance, lease, or 
instrument is valid from the date of filing against all persons, without 
other recordation, except that--
        (1) a lease or instrument recorded under section 44107(a)(2)(A) 
    or (B) of this title is valid for a specifically identified engine 
    or propeller without regard to a lease or instrument previously or 
    subsequently recorded under section 44107(a)(2)(C) or (D); and
        (2) a lease or instrument recorded under section 44107(a)(2)(C) 
    or (D) of this title is valid only for items at the location 
    designated in the lease or instrument.

    (c) Applicable Laws.--(1) The validity of a conveyance, lease, or 
instrument that may be recorded under section 44107 of this title is 
subject to the laws of the State, the District of Columbia, or the 
territory or possession of the United States at which the conveyance, 
lease, or instrument is delivered, regardless of the place at which the 
subject of the conveyance, lease, or instrument is located or delivered. 
If the conveyance, lease, or instrument specifies the place at which 
delivery is intended, it is presumed that the conveyance, lease, or 
instrument was delivered at the specified place.
    (2) This subsection does not take precedence over the Convention on 
the International Recognition of Rights in Aircraft (4 U.S.T. 1830).
    (d) Nonapplication.--This section does not apply to--
        (1) a conveyance described in section 44107(a)(1) of this title 
    that was made before August 22, 1938; or
        (2) a lease or instrument described in section 44107(a)(2) of 
    this title that was made before June 20, 1948.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1165.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44108(a)..............................  49 App.:1403(c) (less words      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         after semicolon).                503(c
), 72 Stat. 773.
44108(b)..............................  49 App.:1403(d).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          503(d
), 72 Stat. 773; July 8, 1959,
                                                                          Pub. 
L. 86-81, Sec.  3, 73 Stat. 181.
44108(c)(1)...........................  49 App.:1406.                    Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  506; added June 30, 1964,
                                                                          Pub. 
L. 88-346, Sec.  1(a), 78 Stat.
                                                                          236.
44108(c)(2)...........................  49 App.:1406 (note).             June 3
0, 1964, Pub. L. 88-346, Sec.
                                                                          1(c),
 78 Stat. 236.
44108(d)..............................  49 App.:1403(c) (words after
                                         semicolon).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``conveyance, lease, 
or instrument executed for security purposes'' are substituted for 
``conveyance or instrument'' for clarity and consistency in this 
subchapter. The words ``in respect of such aircraft, aircraft engine or 
engines, propellers, appliances, or spare parts'' are omitted as 
surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is 
omitted because of section 7(d) of this bill. In clause (1), the words 
``person making the conveyance, lease, or instrument'' are substituted 
for ``the person by whom the conveyance or other instrument is made or 
given'' to eliminate unnecessary words and for consistency in this 
subchapter.
    In subsection (b), before clause (1), the words ``When a conveyance, 
lease, or instrument is recorded under section 44107 of this title . . . 
from the date of filing'' are substituted for ``Each conveyance or other 
instrument recorded by means of or under the system provided for in 
subsection (a) or (b) of the section shall from the time of its filing 
for recordation'' for clarity and consistency in this subchapter and to 
eliminate unnecessary words. In clause (1), the words ``is valid'' are 
substituted for ``Provided, That . . . shall not be affected'' for 
consistency in this subchapter. The words ``or engines . . . or 
propellers'' are omitted because of 1:1. In clause (2), the words ``is 
valid'' are substituted for ``shall be effective'' for consistency in 
this subchapter. The words ``for items at the location designated in the 
lease or instrument'' are substituted for ``which may from time to time 
be situated at the designated location or locations and only while so 
situated'' for clarity and to eliminate unnecessary words.
    In subsection (c)(1), the words ``conveyance, lease, or'' are added 
for consistency in this subchapter. The words ``the conveyance, lease, 
or instrument'' are substituted for ``therein'', and the words ``it is 
presumed'' are substituted for ``it shall constitute presumptive 
evidence'', for clarity.
    In subsection (d)(2), the words ``lease or instrument'' are 
substituted for ``instrument'' for clarity and consistency in this 
subchapter.
