How to Navigate the Aircraft Registration Process with the FAA

Any civil aircraft in the US that weighs more than half a pound must be registered with the FAA before it can lawfully fly. Just as a land registry does, an aircraft registry makes chains of title public for interested buyers and lessees, showing ownership and encumbrances such as mortgages and liens. However, an aircraft registry has additional requirements. The FAA maintains the US aircraft registry and regulates how aircraft can be owned. This process can be confusing, especially for an aircraft with shared ownership or non-citizen owners.

Who Must Register an Aircraft?

Eligibility of Registered Owners

Not every person or entity is eligible to be a registered aircraft owner. To register a US aircraft, an owner must be one of the following:

  •         An individual US citizen or a partnership of US citizens
  •         An individual non-citizen permanent resident of the United States (Green Card holder)
  •         A corporation or association organized under US law by US citizens
  •         A non-citizen corporation organized under US law “as long as the aircraft is based and primarily used in the United States”
  •         A governmental unit

See the FAA’s guide to eligibility. For a corporation to qualify as a registered owner, it must be under the control of US citizens. “The president and two-thirds or more of the board of directors and other managing officers thereof” must be US citizens, and “at least 75 percent of the voting interest” must be owned or controlled by US citizens.

Individual owners may choose to use LLCs for their aircraft ownership, especially if they have privacy concerns. Anyone with the aircraft’s registration number can look up a private plane’s ownership.

An owner will have their registration revoked if they knowingly permitted the aircraft to be used in a drug-related crime with a penalty of one year’s imprisonment. They will be ineligible to register an aircraft for five years. See 49 USC §§ 44103, 44106.

Aircraft owners who are not US citizens or eligible corporations can use “non-citizen trusts” to function as owners for the FAA registry. A qualifying US citizen serves as the trustee of this trust and appears as the aircraft’s registered owner. The trust documents are filed with the FAA.

Which Aircraft Need Registration?

Any civil aircraft that weighs over .55 pounds (250 grams) must be registered with the FAA. This includes experimental light sport craft, amateur-built craft, and drones.

The FAA calls drones unmanned aircraft or unmanned aircraft systems (UA or UAS). For business or non-recreational use, drones weighing between .55 pounds and 55 pounds must be registered and labeled with their registration number. Hobby drone flyers can register once for multiple drones, but they must still comply with FAA rules.

What You’ll Need

In general, aircraft registration requires:

  •         A $5 fee
  •         Evidence of ownership, such as a bill of sale, a contract of conditional sale, or a transfer of interest
  •         An Aircraft Registration Application, AC Form 8050-1

Drones owned under a trust or weighing more than 55 pounds must undergo the same process as other aircraft. Smaller drones used for business or non-recreational purposes can be registered online through the FAA. However, the paper process is required if the drone is to be operated outside the country.

Whether new or used, an amateur-built aircraft also requires an Affidavit of Ownership for Experimental Aircraft, AC Form 8050-88. Depending on how much of it came from the kit, the kit may also require a bill of sale.

Registering an imported aircraft requires an official English-language statement from the previous country’s civil aviation registry attesting that the craft is not registered there. No aircraft can be registered if it is currently in another country’s civil aviation registry. Imported aircraft also require further proof of airworthiness in order to fly; the regulations are complex and can vary by the state of origin.

According to the FAA, registration processing takes between 16 and 20 working days from receipt of the documents. Imports take priority, and import registration forms should be marked as such on envelopes.

As of January 23, 2023, an aircraft registration is valid for seven years. However, it must be updated immediately after an interest transfer.

Why Do You Need Help with Registration?

Aircraft registration is typically part of the complex sale or transfer process, and it is not always as clear-cut as it appears. Like a real estate registry, it is intended to show a clear chain of title, including any encumbrances on the craft. An aircraft transaction should include a title search that allows you to purchase in confidence. You will need to present documents showing that your title is good, and your application must be error-free. A delay in registration means a delay in flight for your new craft.

Let us help you with your aircraft transaction or registration. Call us today at 954-400-4643 to schedule a complimentary consultation with one of our Florida aviation attorneys.