Proving ownership of an aircraft

[xrayalpha]

Hi,

In the UK, how would one prove ownership of an aircraft.

As I understand it - just like with a car - the person the aircraft/car is registered to may not actually be the owner.

The CAA web site seems to confirm this. It appears to say that an aircraft cannot fly in the UK unless it is registered. But there doesn't seem to be anything that says an aircraft (say, being restored) must have an up-to-date entry in the register.

Let's take this scenario.

Person lets aircraft become a hangar queen. Then sells aircraft to someone who just plans to restore it and then sell it. Original owner fails to notify CAA. The restorer - who has a purchase receipt - decides not to pay the CAA for re-registering until they start/complete the work.

Now, is the resorter the actual owner - and does anyone have ANO references etc.

ps. Reason is an insurance claim. Insurance company says 1st Owner, not the Restorer, is the owner as their name is still on G-INFO.

[9 lives]

I would think that the "registered" owner, who's name appears on the registry, and C of R is the "owner" - unless they have provided a bill of sale to the next owner. Then it is more of a civil matter, rather than registry matter.

For the purposes of insurance, third party insurance should pay to the legal owner (the person who holds the bill of sale), but that could still be messy. An aircraft, flying or not, should be insured directly by its rightful owner, if that owner would like to recover in the event of a loss. Relying on third party insurance, at the very least, will probably require a claim to be made against the hangar owner - awkward, and requires effort and some confrontation.

[Private jet]

Whatever name is stated on the bill of sale (company or individual) is the legal owner of the aircraft.

The name on the cert of registration is basically who is "responsible" from an air law point of view (operations, airworthiness etc.) or at least that's the first point of call for the authorities if there are any problems!

[N707ZS]

Having possession of the current log book CAP 348 is one way of proving ownership.

[xrayalpha]

Hi,

Have log book, have receipt.

Big question is, for UK readers, is there anything in the legislation?

[Pete O'Tewbe]

Not professing to have any expertise nor experience in this area but the ANO may be a useful starting point with regard to responsibilities.

Article 7 holds:

(1) [..]

(2) Any person who is the registered owner of an aircraft registered in the United Kingdom must immediately inform the CAA in writing of:

(a) any change in the information supplied to the CAA when applying for the registration of the aircraft;

(b) the destruction of the aircraft, or its permanent withdrawal from use; or

(c) [..]

(3) Any person who becomes the owner of an aircraft registered in the United Kingdom must within 28 days of becoming the owner inform the CAA in writing to that effect.


(4) [..] etc

The "any change of information supplied to the CAA when applying for the registration of the aircraft" seems to refer to Article 6(1)(a) which states:

(1) An application for the registration of an aircraft in the United Kingdom must be made in writing to the CAA and must:

(a) include or be accompanied by such information and evidence relating to the aircraft and the ownership and chartering of the aircraft as the CAA may require to enable it to determine whether the aircraft may properly be registered in the United Kingdom and to issue the certificate of registration; and

(b) [..]

On the face of it, it would appear from Article 7(2)(a) and 7(3) that in this case, both the previous owner and new owner may have been remiss in not informing the CAA.

However, Article 4 starts off by saying:

(1) Subject to paragraphs (2), (3) and (4) an aircraft must not fly in or over the United Kingdom unless it is registered in:

(a) some part of the Commonwealth;

(b) a Contracting State; or

(c) some other country in relation to which there is in force an agreement between Her Majesty’s Government in the United Kingdom and the Government of that country which makes provision for the flight over the United Kingdom of aircraft registered in that country.

(2) [..] etc

Clearly the aircraft in question is not currently flying in or over the UK as it is being restored. So how would the CAA know this?

It would seem that the new owner is required to submit a form CA1 (http://www.caa.co.uk/docs/33/CA1Issue03.pdf) to the CAA. Box 14 requires a declaration (or otherwise) of insurance. Assuming that the aircraft is currently insured for ground risks only, this would not amount to being insured to fly and the No box would be ticked. The CAA would then enter the "Date of "No Flight" Declaration" onto G-INFO for that aircraft.

All of which is probably academic as I would imagine that the insurer's definition of owner, which is likely to be buried in some small print somewhere, may not necessarily follow that of aviation regulations. Hence, there may exist more than one definition of ownership. In the case of the CAA, because neither party has informed it of a change of ownership, all it can rely on is the status quo ante, whereas the insurer may wish to follow aviation regulations regarding registration, or possibly rely on a Bill of Sale, or similar, demonstrating that money, hence title, has changed hands.

The usual caveats apply to all of the above as it represents my opinion and only that.

[xrayalpha]

Thanks P O'T.

The aircraft in question has this in its G-INFO entry:

Current Reg. Date:23/04/1994
Previous ID:NEW UK
De-Reg. Date:19/11/2009
Status:De-registered To:
Reason:Cancelled by CAA

And it was bought by the restorer after 2009.

So it appears, since it was no longer a "UK registered aircraft", and so just "an aircraft", that registered status is irrelevant for ANO and notification purposes.

So thanks again, just what I needed - I think.