California Business and Professions Code 9798.1 – (a) Subject to the provisions set forth in this chapter, each …
(a) Subject to the provisions set forth in this chapter, each repairperson shall have a special lien pursuant to Sections 2872 and 2875 of the Civil Code, upon the civil aircraft, engine, or aircraft appliance upon which the repairperson has bestowed labor or furnished material. The special lien shall be in an amount equal to the agreed upon value of the labor and material furnished, or in the absence of any agreement, for the reasonable value thereof.
(b) The statutory lien created pursuant to subdivision (a) is applicable to any civil aircraft engine, aircraft propeller, or aircraft appliance which is capable of having the ownership, or an interest in the ownership, affected by a conveyance, recorded at the FAA Aircraft Registry.
Terms Used In California Business and Professions Code 9798.1
- Certificated mechanic: means an individual person who is the duly authorized holder of a Federal Aviation Administration Mechanic Certificate, with either an "Airframe" a "Powerplant" or an "Inspection Authorization" rating, which has been issued to that person pursuant to the provisions of Part 65 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
- Certificated repair station: means a person or business entity which is the duly authorized holder of a Federal Aviation Administration certificated repair station designation pursuant to the provisions of Part 145 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
- Contract: A legal written agreement that becomes binding when signed.
- Customer: means any person who requests a repairperson to do work on a general aviation aircraft which is in the possession of that person. See California Business and Professions Code 9790
- Dependent: A person dependent for support upon another.
- FAA Aircraft Registry: means that particular system for the recording of conveyances and other documents which affect the title to, or any interest in, civil aircraft of the United States, which was originally created pursuant to Section 503 of the Federal Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the United States Code and which is more specifically identified in Section 49. See California Business and Professions Code 9790
- Lien: A claim against real or personal property in satisfaction of a debt.
- Repairperson: means any person engaged in the business of repairing general aviation aircraft. See California Business and Professions Code 9790
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(c) The statutory lien created pursuant to subdivision (a) is not dependent upon possession by the repairperson of the property which is subject to the lien.
(d) The statutory lien created pursuant to subdivision (a) is dependent upon the recordation of the lien at the FAA Aircraft Registry in accordance with Section 9798.2.
(e) The statutory lien created pursuant to subdivision (a) is created by written contract between the parties but only if the written contract is signed by the customer, and predates the commencement of work for which the lien is applicable.
(f) The statutory lien created pursuant to subdivision (a) is in addition to the statutory lien created pursuant to § 3051 of the Civil Code if:
(1) The repairperson is a certificated repair station.
(2) The repairperson is a certificated mechanic.
(3) The repairperson is a fixed-base operator.
(g) The statutory lien created pursuant to subdivision (a) is in addition to the statutory lien created pursuant to Chapter 5 (commencing with Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure if:
(1) The repairperson is a certificated repair station.
(2) The repairperson is a certificated mechanic.
(3) The repairperson is a fixed-base operator.
(h) The statutory lien created pursuant to subdivision (a) shall not exist unless the repairperson has complied with all provisions of Sections 9793, 9794, 9795, 9796, 9797, and 9798.
(i) The statutory lien created pursuant to subdivision (a) shall not exist unless the repairperson complies with either of the following:
(1) The repairperson is insured pursuant to a policy of liability insurance predating the commencement of work for which the lien is applicable, which was applicable and in full force and effect, and contained no policy defenses with respect to the work for which the lien is applicable.
(2) The repairperson is the duly authorized holder of a written surety bond predating the commencement of the work for which the lien is applicable, which obligates the surety to satisfy any and all valid legal claims which may be asserted against the repairperson by the customer in an amount up to and including the value of the property to which the lien applies.
(j) Any statutory lien pursuant to § 3051 of the Civil Code, and any statutory lien pursuant to Chapter 5 (commencing with Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure, and any lien created by the written agreement of the parties pursuant to § 2884 of the Civil Code, in addition to being dependent upon possession, shall be subject to the applicability of the Commercial Code and “financing statements” as described in Division 9 (commencing with Section 9101) of the Commercial Code may be filed in accordance with the provisions of the Commercial Code.
(Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)