James Murray- Operations Supervisor
David Lehman – Airworthiness Supervisor
In Re: American School of Aviation
Dear Messrs Murray and Lehman:
In the FAA Aircraft Registry records, there appears to exist conflicting records that are likely to constitute a violation in compliance with the statutory requirement relating to civil aircraft registry in the US.
American School of Aviation, Inc. is a California corporation with its president and other corporate officer(s) are not U.S. citizen.
Title 14 CFR Part 47 of the Federal Aviation Regulations (FAR) governs the requirement related to the civil aircraft registration in the US
Part 47.3 stipulates Registration required.
Part 47.5 defines Applicants.
Part 47.7 defines U.S. citizens and resident aliens with respect to civil aircraft registration.
Part 47.9 defines “Corporations not U.S. citizen”.
Part 47.9 (f) stipulates thrice annual report requirement by the registrant to the FAA.
All ASA aircraft except one (30 before 8/04/08 down to 11 as of 8/14/2008 ) are currently registered under FAR Part 47.7 and issued aircraft registration certificate bearing “Corporation” instead of its true and factual status of its corporate entity as “Foreign Corporation”. In the FAA AC Form 8050-1 Aircraft Registration Application, there is a specific box to be checked off for Non-citizen Corporation and provided along with “Certification” section for the applicant’s certification for a non-citizen corporation. If these sections were properly completed in the ASA aircraft registration application, all of its registration then should have been issued under Part 47.9 with the respective registration certificate bearing ”Foreign corporation”
If ASA has made erroneous entry in its aircraft registration application and submitted to the FAA Aircraft Registry knowingly or not knowingly and obtained its registration certificate, then the ASA aircraft are not registered under Part 47.9 and not in compliance with Part 47.9(f) requirement. This ipso facto invalidates all of its registrations under FAR 47.41(a) ( 8 ) (ii) and requires ASA to surrender all of its invalidated registration certificate immediately in accordance with FAR 47.43 (b).
One of the school owners had publicly stated their school received 109 surveillance visits from your office in 2007, yet why this blatant aircraft registration violation eluded the filed inspectors scrutiny is beyond me.
There exists an ample evidence based on flight activities taking place recently at Hayward, Modesto and elsewhere to indicate the school is still operating under the guise of new satellite base after its 141 school certification has been long presumed to be suspended if not revoked already.
In view of the matter affecting the welfare and interests of all those victimized students as well as that of local aviation community, it would be most appropriate that your office offers a public announcement in connection with the ASA matter as soon as aircraft registration investigation is completed.
All eyes are on your prudent and swift enforcement action.