FAA Aircraft Registration Updates

When Congress passed the FAA Reauthorization Act of 2018, Section 546 of that act required the FAA to upgrade the Civil Aviation Registry (the “Registry”).  The upgrades are to include:

• the digitization of non-digital Registry information;

• the digitization of manual and paper-based processes;

• the implementation of electronic or remote methods for the public to submit their information; and

• the provision of more efficient, broader, and remote access to the Registry.

To comply with its congressional mandate, in 2022 the Registry started implementing the Civil Aviation Registry Electronic Services (“CARES”) located online at https://cares.faa.gov/home.  CARES implements a web-based electronic system that allows the aviation community to securely submit applications, upload documentation, and provide the data necessary for the Registry to perform aircraft registration and airman certification services.

Registrants using the CARES system set up a personal portal where they are able to view their submissions, pay fees online, and digitally sign their applications.  CARES currently allows limited online aircraft registration services for aircraft owners who are individuals, corporations and LLCs.  Aircraft registration services are not yet available for other company types, partnerships, or non-citizen trusts, but will be made available online in future CARES releases.  Full implementation of the CARES system is expected by late 2025, although so far the Registry has not been particularly good at meeting its earlier CARES deadlines.

Working to comply with the 2018 FAA Authorization Act’s requirements, the FAA recently published two final rules updating certain procedures in connection with aircraft registration and aircraft registration/dealer certificates.

Filing of “Original” Documents

The FAA is updating certain procedural regulations and requirements for submitting original documents.  While the Registry will still accept original documents and materials, the preferred approach is now to submit non-original documents in a form and by a means acceptable to the FAA.  That means for many documents and materials, a photocopy or digital image may be acceptable.  Think either electronically signed (e.g., Docusign etc.) or a photocopy of an original, ink-signed document.  However, for others, a true or certified copy may be required such as

• Voting trusts under FAR 47.8(a)(1);

• Security agreements under FAR 47.11(b)(2);

• Bill of sale, contract of conditional sale, assignment of an interest under a contract of conditional sale, mortgage, assignment of mortgage, lease, equipment trust, notice of tax lien or of other lien, etc. under FAR 49.31(a); and

• Certification of a document under FAR 49.33(c).

Registrants will be allowed to submit copies of ink signed documents and digitally signed original documents online via submission through CARES.

Electronic Issuance of Aircraft Registration and Dealer Certificates

Traditionally, the Registry has issued aircraft registration and dealer’s registration certificates, including replacement certificates, in paper form by mail (often referred to as the “Hard Card”).  To reduce the costs of printing and mailing aircraft registration and dealer’s registration certificates, the Registry will now issue those certificates electronically, primarily via the CARES system or via e-mail.  This will allow almost instant delivery of the certificate to the registrant without the normal 7-10 business day wait time for regular mail delivery of the Hard Card.

However, a registrant may still request that the Registry issue a paper certificate instead of an electronic certificate.  Keep in mind that the issuance of a registration certificate in electronic form does not, in any way, obviate or affect the need to comply with statutory, regulatory, or other requirements involving aircraft registration or dealer’s registration certificates.  Similarly, a Certificate of Aircraft Registration must still be carried on the aircraft in compliance with FAR 47.3(2).  Unfortunately, the rule does not specify whether the certificate must be a printed copy or if an electronic copy that has not been printed out would be acceptable (e.g., a PDF file stored on an iPad).

Additionally, this change raises the question of whether the electronic certificate will be accepted by aviation authorities in other countries.  Prior to this rule, in order to operate internationally before receiving a Hard Card, a “Fly Wire” issued by the FAA was necessary and was accepted by those authorities in lieu of the Registry’s issuance of a Hard Card.  However, the Fly Wire was sent to the aircraft owner via e-mail or facsimile; the same format the Registry will now use for electronic certificates.

According to the final rule, the FAA anticipates that the electronic or digital format of the certificate will be permitted to be carried in electronic or digital format on the aircraft and recognized by those authorities subject to the Registry’s implementation of security and authentication features within CARES and consistency with international standards.

Finally, when an aircraft with an electronically issued registration certificate is sold, only the paper or printed copies of the aircraft registration certificate need to be destroyed when required under per FAR 47.41(b)(3).  The Registry does not expect certificate holders to have to permanently delete the originating email sent by the Registry, or  other electronic or digital methods the Registry used to send the original electronic registration certificate.