2019 California Code
Business and Professions Code - BPC
DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY
CHAPTER 19.5 - Aircraft Repair
(a) The statutory lien created pursuant to subdivision (a) of Section 9798.1 is not valid unless and until it is recorded with the FAA Aircraft Registry in the manner and in the form generally required for the “Recording of Aircraft Titles and Security Documents” pursuant to Part 49 of Title 14 of the Code of Federal Regulations.
(b) In addition to any requirements set forth in Part 49 of Title 14 of the Code of Federal Regulations, the statutory lien created pursuant to subdivision (a) of Section 9798.1 is valid upon recordation by the FAA Aircraft Registry of a written document entitled “NOTICE OF LIEN (PURSUANT TO CHAPTER 19.5 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE).” This document shall be:
(1) Signed by the repairperson or by a duly authorized agent or attorney of the repairperson.
(2) Verified by the person signing the notice of lien upon that person’s personal knowledge of the matters stated in the notice of lien, and which shall affirmatively state: “Except as to those matters asserted as being upon my information and belief, I declare under penalty of perjury in accordance with the laws of the State of California and of the laws of the United States of America that the matters stated herein are true and correct; and, as to those matters asserted as being upon my information and belief, I declare under penalty of perjury in accordance with the laws of the State of California and of the United States of America that, upon reasonable inquiry, I honestly and genuinely believe these matters to be true as stated.”
(3) Contain the date, time, and place of signing of the notice of lien.
(c) The notice of lien referred to in subdivision (b) shall contain the following information:
(1) The United States Registration Number, make, model, and serial number of the aircraft subject to the lien.
(2) The name of the manufacturer, the model, and the serial number of all applicable engines, propellers, or appliances subject to the lien, to the extent they are not otherwise identifiable merely by reference to the Aircraft Registration Number.
(3) The name, address, and business telephone number of the repairperson asserting the lien.
(4) The name, address, and business telephone number of the registered owner of the civil aircraft or other property subject to the lien.
(5) The name, address, and business telephone number of the person consenting to the performance of the work giving rise to the lien.
(6) The amount of the lien, exclusive of prospective storage costs.
(7) A narrative statement describing the nature of the work accomplished.
(8) The affirmative statement that a copy of the notice of lien is concurrently being sent by United States mail, certified, return receipt requested with postage fully prepaid thereon, or by other comparable or more expeditious delivery services, to both the registered owner and to the person consenting to the work.
(9) The date of last services or materials provided.
(d) No notice of lien pursuant to subdivision (b) is valid unless it is presented for recording at the FAA Registry within 180 days of the completion of the work giving rise to the lien.
(Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)