Hey Avbug!

[proav]

I have a question for you, or anybody actually. I have a friend, no really, it is a friend and not me! Anyway, he and his partner bought a plane about two years ago. They had their attorney create a coporation that would own the plane. The attorney asked them for more information so he could register the plane for them. They never got back to him and the attorney never pursued it. The plane never got registered in their name and they never thought anything else about it assuming that the attorney had taken care of it. Somehow the FAA figured out that the registration was not correct and contacted them. They waited a week to get back in touch with the FAA and in the mean time the FAA started contacting mechanics and other people who were familiar with the plane to get more information. They just called me asking what might happen to them and what they should do. They are afraid that the FAA might think they were up to no good by not registering it. They are very straight forward guys and all maintenance and AD's have been complied with. I advised them to communicate with the FAA about everything they can as it was just a mistake.
My question is, what kind of trouble might they be in? Will they be subject to fines or any certificate action? What should they do in this situation?
Thanks for any advise you might have.

 

[Lead Sled]

For what it's worth, the ONLY advise that I'd give your friends at this point is to consult with a good aviation attorney. This will help them to keep thier situation from getting any worse from this point forward. They (the aircraft owners and operators as well as, I assume, PICs) are ultimately responsible to insure that the aircraft is properly registered. They're going to have to explain why they operated an airplane for two years on a "pink slip". (Actually it sounds like they didn't even bother to file a pink slip since the IA should of picked it up at one of the annuals.)

I would assume that your friends are AOPA members. They should contact them for legal referals in your area. They'll sleep better tonight.

Lead Sled

 

[midlifeflyer]

I agree wholeheartedly with Lead Sled's advice. The incorrect title could have ramifications beyond the mere lack of correct statement of ownership.

Why would you ask for specific legal advice on an aviation forum? Next thing you know, someone will be asking for a medical diagnosis.

 

[proav]

I ask for advise here because it is a good source for ideas and opinions. You don't have to assume that it is the only place that I am getting information.
Thanks for the opinions and input.

 

[avbug]

Tell your friend(s) to retain an attorney versed in avaition law. Tell them not to visit with the FAA or attend any meetings with FAA representatives, until they have done this. Tell them to then follow the advice of the attorney.

 

[legaleagle]

2 cents

I will throw in my two cents for free.Two months away from taking Bar. Have worked for FAA for two years as intern. I just want to point you in the right direction. Don't quote me as I cannot really provide you legal advice yet.

Don't talk to FAA without attorney.

here are some possible guideposts if FAA wants to pursue.

1. Usually if it is failure on a Part 91 airman's part, to do something it will only be a certificate action, not a penalty. Except that sanction guidance recommends min to mod Civil penalty for Part 91 owners, other than required crewmembers- in this situation
that could be $350-800 per person if they co-own.

2. Operation of a registered aircraft without valid airworthiness or registration certificate on board , 15 day suspension

3. Operation of unairworthy aircraft 30-180 days

4. Operation of aircraft eligible for registration without being registered. 30-90 day suspension of airman certificate

Again, I am not giving legal advice, just quoting the sanction guidance that is publicly available. Could be inclusive or exclusive of any and all possible claims.

Hope it helps.

Thanks!

C

 

[proav]

Thanks guys.
My other resources tend to agree that getting the attourney involved early on is definetly the best. I think they have already started the ball rolling.

 

[Lead Sled]

I'd be curious to know how everything washes out on this one. Please keep us posted.

Lead Sled

 

[proav]

Ok, I'll do that.