Aircrafts’ registration in the Chilean Aeronautical Code
REGISTRATION OR MATRICULATION OF THE AIRCRAFT AND ITS NATIONALITY
Registration or matriculation
Art. 32. The registration or matriculation of the aircraft, aircraft registration, in the National Record of Aircraft gives the aircraft the Chilean nationality.
To the owner of the aircraft a matriculation certificate shall be given, which shall prove the nationality of the aircraft and its classification.
Art. 33. The aircraft registered in the National Record of Aircraft shall have distinctive marks of their Chilean nationality and their matriculation. This marks shall be worn on the outside of the aircraft in order to simplify its identification.
Art. 34. There shall be only one matriculation for each aircraft.
Art. 35. The aircraft shall have the nationality of their registration. An aircraft registered in the National Record of Aircrafts looses the Chilean nationality when it’s being registered in a foreign country.
If a foreign country does not have a registration system for military aircraft and other aircraft owned by the foreign State is to be supposed that the aircraft have the nationality of the country they serve.
Art.36. In order to register an aircraft matriculated in a foreign country, the cancellation of the previous matriculation shall be proven first.
Art. 37 No aircraft shall take flight over Chilean air space without being properly registered in Chile or in another country, or if it is registered in more than one State at the same time or if it does not wear its nationality and matriculation marks.
Notwithstanding, the aircraft lighter than 170 kilograms, shall be called “ultralight vehicles” and shall be flown in accordance with the conditions set forth by the aeronautical authority and shall be exempt from registration.
The aircrafts that can be registered in the National Record of Aircrafts.
Art. 38. The following aircrafts may be registered in Chile
- The ones owned by Chilean individuals;
- The ones owned by Chilean legal entities, that is those established in accordance with the Chilean law and having its real and effective principal place of business in the country and that the majority of its directors or administrators, as it may apply, are Chilean and that the majority of its capital belongs to Chilean individuals or legal entities, and
- The ones owned by communities, as long as the majority of it is owned by Chilean individuals and legal entities that comply with the conditions set forth in.
Nevertheless, the aeronautical authority shall be allowed to register aircraft owned by individuals or legal entities, as long they perform a permanent activity or profession in the country. The same authorization can be given to foreign aircraft, operated, in lawful possession, by Chilean aeronautical companies.
Art. 39. In Chile foreign aircraft shall be registered when they have been given accordingly to an agreement in which the owner holds its legal title until a specific duty has been performed or until the total payment of the price, as long as the holder in due course applies to one of the conditions set forth in the previous clause.
As long the document acknowledging the fulfillment of the condition, the payment of the total purchase price or the express relinquish, the title of the aircraft over or a mortgage shall not be conveyed without the owner authorization.
Art. 40. The foreign aircraft or the aircraft build or assemble in Chile can have a provisional register in the National Record of Aircraft, at the owner’s request, in accordance with the terms set forth in article 38, to the sole purpose of doing test flights and training at the place where it was built or acquired, to its transfer to a determined place in the national territory or in those cases the aeronautical authority may find adequate.
This registration shall be given only to a maximum term of four months, that may be renewed only once for the same amount of time.
Art. 41. The aircraft owned by an international organization to which is a party of, may be registered in Chile in accordance with an agreement by and between this international organization and the Chilean State, as long as it shall not use for commercial purposes.
Art. 42 The Keeper of the National Record of Aircraft shall cancel the registration, at his own initiative or at party request, in the following cases:
- When the aircraft was registered in another country.
- When the owner no longer complies with the conditions set forth in the article.
- When the Keepers receives a copy of the aeronautical authority declaring the loss, destruction, uselessness or dismount of an aircraft
- When the airworthiness certificate has not been renewed for five consecutive periods.
- When the temporal registration of article 40 has expired: and
- in the other cases named by law.
Art. 43 The register shall not be canceled when the aircraft is mortgaged or there are privileged credits registered, without previous cancellation of such lien, unless the debtor agrees to.
Nevertheless, in the case set forth in article 43 c), the cancellation shall be done, even though there may be mortgages or privileged credits registered, after 5 years of the resolutions acknowledging the loss, destruction or uselessness of the aircraft.