I might be in violation of 47.41

tawood

tawood

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Tim
Got a rather strongly worded letter from the FAA telling me I "may" be in violation of 47.41. I have sold numerous aircraft, and I didn't even know, until this most recent sale, that this existed:

§ 47.41 Duration and return of Certificate.
(a) Each Certificate of Aircraft Registration, AC Form 8050-3, issued by the FAA under this subpart is effective, unless registration has ended by reason of having been revoked, canceled, expired, or the ownership is transferred, until the date upon which one of the following events occurs:

(b) The Certificate of Aircraft Registration, with the reverse side completed, must be returned to the Registry -

(1) Within 21 days in the case of registration under the laws of a foreign country, by the person who was the owner of the aircraft before foreign registration;

(2) Within 60 days after the death of the holder of the certificate, by the administrator or executor of his estate, or by his heir-at-law if no administrator or executor has been or is to be appointed; or

(3) Within 21 days of the termination of the registration, by the holder of the Certificate of Aircraft Registration in all other cases mentioned in paragraph (a) of this section, except in the case of expired certificates, the holder must destroy the expired certificate.

(4) If the certificate is not available for return, as directed in paragraph (b) of this section, a statement describing the aircraft and stating the reason the certificate is not available must be submitted to the Registry within the time required by paragraph (b) of this section.

With the buyer at the time of the sale, I completed an AC 8050-2 bill of sale, and helped him fill out a request for a new registration...gotta love a bureaucracy that thinks this isn't enough. I personally have a habit of pi$$ing into the wind when it comes to the FAA...so, feeling kinda cute, I might just ignore the letter, IDK.
 
tawood said:
I personally have a habit of pi$$ing into the wind when it comes to the FAA...so, feeling kinda cute,
Click to expand...
So the guy you sold the plane to didnt finish his side of the paperwork and you got a form letter in the mail. And? It happens. Part 47.41 been around for quite a while but your paste is missing half of it. I guess I'm not following what the big deal is?

FYI: one on the reasons there is now a 3 year reregistration requirement is certain people did not comply with the requirements of 47.41.;)
 
The previous owner left his in my plane when I bought it, I guess he's in the pokey now.
 
Regardless of how stupid this is, and I agree it’s silly, the fact that you received a letter of investigation from the Feds is no joke. (I’m assuming that’s what you are saying)

I would contact legal counsel. Perhaps AOPA if you are a member.
 
§ 47.41 Duration and return of Certificate.

(a) Each Certificate of Aircraft Registration, AC Form 8050-3, issued by the FAA under this subpart is effective, unless registration has ended by reason of having been revoked, canceled, expired, or the ownership is transferred…[/QUOTE]

Seems pretty much settled. What’s all the hubbub, bub?
 
...but you DID mail it to them

...no no, you DID.

...those postal goons lost it

dare them to prove otherwise.
 
schmookeeg said:
...but you DID mail it to them

...no no, you DID.

...those postal goons lost it

dare them to prove otherwise.
Click to expand...

This is less effective than most people think. In my area of law (immigration - where often lives are at stake) the USPS is considered reliable and undelivered mail eventually makes its way back to the sender. The government normally presumes any mail is delivered or returned. So, telling a government agency that you sent something and never got it back becomes problematic. "[D]are(ing)" the government is like daring the biggest bully on the playground to hit you in the face. If they want to do it they will.
 
Kritchlow said:
Regardless of how stupid this is, and I agree it’s silly, the fact that you received a letter of investigation from the Feds is no joke. (I’m assuming that’s what you are saying)

I would contact legal counsel. Perhaps AOPA if you are a member.
Click to expand...

I believe I would do this. Either AOPA or some other aviation attorney. I’m guessing a few hundred dollars at most he’ll resolve it for you. It’d be worth it. I don’t think I’d try to deal with the FAA on my own and I have a feeling ignoring it isn’t a good idea. I like to put an attorney between myself and any hint of a legal threat.

And try to dig up your records of all your aircraft sales. (Just the thought of doing that gives me anxiety, but I should have physical records of all our sales in boxes deep in a closet. If I did it right, I would have made a copy of anything sent anywhere and marked on the copy the date it was sent. Offhand neither Mark nor I remember wth we did for any of the sales. But we haven’t got a letter yet knock on wood.)

Of course, if that letter suggests you can resolve it by buying a gift card at Walmart and sending it somewhere and oh by the way don’t tell anyone about it, then that’s different.
 
Tell them it was sent by Fed Ex who loses just about everything lately or takes months to get, about as bad as it gets.
 
Did it come certified or at least signed by hand? That would up the pucker factor. Do you know if the new owner is rehabbing the plane before they register it?It reads as records management that could protect you more than inconvenience you.
Or, maybe it could be used in a smuggling operation with a dash of identity theft and you can get real cred with the proud bois in the cell block.
 
How long until the registration expires naturally?
Update?
 
I’ve done a little research, and it seems ignoring this letter only delays things for the next owner. The guy that bought my plane seems like a genuinely nice guy,so I’ll write a letter back in response.
 
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