Current as of: 2010
(1) If a repairman is not in possession of the aircraft under Section 38-13-201, a repairman may take possession of an aircraft to recover the amounts owed under a lien imposed by this chapter if:
(a) the repairman obtains a foreclosure judgment under Section 38-13-202;
(b) the repairman provides written notice of the intent to take possession of the aircraft:
(i) to:
(A) the owner of the aircraft; and
(B) any person described in Subsection 38-13-204(1)(b); and
(ii) at least 15 days before the day on which the repairman takes possession of the aircraft;
(c) the aircraft is in the possession of one of the following if that person requested that the repairman make, alter, repair, or perform labor on the aircraft:
(i) the owner of the aircraft; or
(ii) other person entitled to possession of the aircraft; and
(d) the person described in Subsection (1)(c) has not paid the amount owed under this chapter before the day on which the repairman takes possession of the aircraft.
(2) Subject to the other requirements of this section, a repairman may take possession of an aircraft under this section:
(a) pursuant to judicial process; or
(b) without judicial process, if the transfer of possession of the aircraft proceeds without breach of the peace.
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Questions & Answers: AircraftSee also:Federal Regulations: Aircraft CFR > Title 14 > Chapter I > Part 63 - Certification: Flight crewmembers other than pilots | | CFR > Title 14 > Chapter I > Part 65 - Certification: Airmen other than flight crewmembers | | CFR > Title 14 > Chapter I > Part 23 - Airworthiness standards: Normal, utility, acrobatic, and commuter category airplanes | | CFR > Title 14 > Chapter I > Part 25 - Airworthiness standards: Transport category airplanes | | CFR > Title 14 > Chapter I > Part 26 - Continued Airworthiness and Safety Improvements for Transport Category Airplanes | | CFR > Title 14 > Chapter I > Part 27 - Airworthiness standards: Normal category rotorcraft | | CFR > Title 14 > Chapter I > Part 101 - Moored balloons, kites, unmanned rockets and unmanned free balloons | | CFR > Title 14 > Chapter I > Part 31 - Airworthiness standards: Manned free balloons | | CFR > Title 14 > Chapter I > Part 103 - Ultralight vehicles | | CFR > Title 14 > Chapter I > Part 33 - Airworthiness standards: Aircraft engines | | CFR > Title 14 > Chapter I > Part 105 - Parachute Operations | | CFR > Title 14 > Chapter I > Part 119 - Certification: Air carriers and commercial operators | | CFR > Title 14 > Chapter I > Part 34 - Fuel venting and exhaust emission requirements for turbine engine powered airplanes | | CFR > Title 14 > Chapter I > Part 121 - Operating requirements: Domestic, flag, and supplemental operations | | CFR > Title 14 > Chapter I > Part 35 - Airworthiness standards: Propellers | | CFR > Title 14 > Chapter I > Part 125 - Certification and operations: Airplanes having a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more; and rules governing persons on board such aircraft | | CFR > Title 14 > Chapter I > Part 36 - Noise standards: Aircraft type and airworthiness certification | | CFR > Title 14 > Chapter I > Part 129 - Operations: Foreign air carriers and foreign operators of U.S.-registered aircraft engaged in common carriage | | CFR > Title 14 > Chapter I > Part 39 - Airworthiness directives | | CFR > Title 14 > Chapter I > Part 43 - Maintenance, preventive maintenance, rebuilding, and alteration | | CFR > Title 14 > Chapter I > Part 133 - Rotorcraft external-load operations | | CFR > Title 14 > Chapter I > Part 45 - Identification and registration marking | | CFR > Title 14 > Chapter I > Part 135 - Operating requirements: Commuter and on demand operations and rules governing persons on board such aircraft | | CFR > Title 14 > Chapter I > Part 47 - Aircraft registration | | CFR > Title 14 > Chapter I > Part 136 - Commericial air tours and National Parks air tour management | | CFR > Title 14 > Chapter I > Part 49 - Recording of aircraft titles and security documents | | CFR > Title 14 > Chapter II > Part 207 - Charter trips by U.S. scheduled air carriers | | CFR > Title 14 > Chapter II > Part 208 - Charter trips by U.S. charter air carriers | | CFR > Title 14 > Chapter II > Part 252 - Smoking aboard aircraft |
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