Professions and Vocations GenerallyAircraft Repair
Section § 9790
This legal section defines key terms related to the repair and maintenance of general aviation aircraft. It outlines who is considered a repairperson, including specialized roles like certificated repair stations, certificated mechanics, and fixed base operators, which all have specific certifications or licenses. General aviation involves everything except commercial and military aviation. It also explains that noncertificated repairpersons don't fit into any of the certified categories. The section uses existing federal codes to ensure consistency in definitions and refers to the FAA Aircraft Registry for recording aircraft ownership details.
Section § 9791
Section § 9792
This California law states that in all business transactions, including those covered by this particular chapter, parties should show financial responsibility toward each other. Liens related to these transactions are prioritized to support this responsibility. Additionally, anyone in the aviation business must have the highest FAA certification and be subject to stringent oversight to ensure safety and compliance with standards. This is reflected in how liens in aviation are handled to protect the public.
Section § 9793
Before starting any repair work for payment, repair people must get clear permission from the customer. They must give the customer a written estimate of either the exact cost for labor and parts or the maximum overall cost. No extra work can be done without the customer's consent, and if agreed upon verbally, the details must be noted on paperwork. If a repair involves taking apart an airplane or its parts to make an estimate, they must first give the cost for this disassembly and any necessary replacements. The customer must be told how much time it will take to reassemble the parts if they choose not to continue with the repairs, and they shouldn't be charged for more time than promised if they back out.
Section § 9794
If a repairperson provides a genuine estimate for a job but then discovers more work is needed that wasn't anticipated, they don't have to finish the job for the original price if the customer won't agree to pay for the extra work.
Section § 9795
Repairpeople must give an invoice for all the work they do, including warranty work. The invoice has to list what work was done and what parts were used. Work and parts must be shown separately on the invoice with their prices listed separately too. If any sales tax applies, that needs to be listed separately as well. If used, rebuilt, or reconditioned parts are used, the invoice must clearly say so. If a part consists of both new and old parts, that also has to be mentioned. The customer gets one copy of the invoice, and the repairperson keeps another.
Section § 9796
This law says that when a repairperson gives you an invoice, it needs to include their business name and address. If their phone number is included, it must match the one they use in ads or on signs, and the same number should be listed in the phone book or official records.
Section § 9797
This law allows a repairperson to perform work on an aircraft and charge based on the actual time spent and materials used, but only if they've received approval from the customer for that specific job.
Section § 9798
This law states that if a general aviation aircraft is in distress and needs work immediately to keep it safe, certain requirements normally needed for doing the work don't apply. The work must be done based on time and materials, even if there's no customer consent right away. However, other specific rules will still apply in these situations.
Section § 9798.1
This law talks about a special lien repairpeople can have on aircraft, engines, or appliances they've worked on. If a repairperson agrees on the price of labor and materials with the client or provides work valued reasonably, they can secure a lien. This lien doesn't depend on them holding onto the aircraft but must be recorded with the FAA Aircraft Registry. It requires a written contract signed before work starts, and it's in addition to other types of liens for certified repair stations, mechanics, or fixed-base operators. Certain conditions, like having insurance or a surety bond, must be met. The lien won't exist without following specific rules and procedures.
Section § 9798.2
This law is about making a lien on an aircraft official. It explains that the lien only counts if it's filed correctly with the FAA Aircraft Registry. To do this, a 'Notice of Lien' document must be filled out and signed by the repairperson or their representative and include specific information, such as details about the aircraft, the repair work done, and contact information for those involved. The notice must also be sent to the aircraft's owner and others who agreed to the repair work. This notice must be filed within 180 days of completing the repair work to be valid.
Section § 9798.3
If a repairperson has legally secured a lien on an aircraft or similar property, they can request a court to order a hearing to decide if the property should be auctioned. The court gives everyone involved a chance to present their case against the auction. The repairperson must notify all interested parties and the FAA about the hearing. There's also an opportunity for the property owner to pay off their debt to avoid the auction. If the court decides to go ahead, their decision can be officially recorded with the FAA. If the owner pays the debt, the repairperson has to cancel the lien with the FAA. The winning side in any legal dispute over the lien can recover their legal fees.
Section § 9798.4
This law deals with the order in which different types of repair liens on aircraft are prioritized. It states that the time the FAA records the lien determines its creation date, which influences its ranking. For liens within the same category, like 'repairpersons,' the first one filed has priority. However, when different types of repair liens are involved, those from certificated repair stations come first, followed by certificated mechanics, and then fixed-base operators, if all are created within 30 days of each other.