California Business and Professions Code 9798.4 – (a) The priority of liens set forth in this section supersedes …
(a) The priority of liens set forth in this section supersedes the priority otherwise set forth in § 2897 of the Civil Code.
(b) The time of creation of the lien shall be the time that the FAA Aircraft Registry actually records the notice of lien described in Section 9798.2.
Terms Used In California Business and Professions Code 9798.4
- 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
- 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.
(c) With respect to the subcategory of “repairpersons” as described in Section 9790, as between lien claimants of equal subcategory, different liens upon the same property have priority according to the time of their creation.
(d) With respect to the subcategories of “repairperson” as described in Section 9790 as between different liens upon the same property which are created within 30 days of one another:
(1) The lien of a certificated repair station has priority over the liens of all other repairpersons.
(2) The lien of a certificated mechanic has priority over the liens of all other repairpersons other than certificated repair stations.
(3) The liens of a fixed-base operator have priority over all other repairpersons other than certificated repair stations and certificated mechanics.
(Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)