38-13-201 - Lien on aircraft -- Filing required -- Notice -- Release. - Utah Statutes

38-13-201. Lien on aircraft -- Filing required -- Notice -- Release.
(1) A repairman who makes, alters, repairs, or performs labor on an aircraft at the requestof the owner or other person entitled to possession of the aircraft shall have a lien upon theaircraft for the reasonable value of the following furnished and used in making the aircraft or inaltering or repairing the aircraft:
(a) the labor performed; and
(b) materials.
(2) A repairman may retain possession of the aircraft until the amount due underSubsection (1) is paid, subject to the rights and interests of any secured party in the aircraft thathas priority in accordance with Section 38-13-205 over the lien imposed under this chapterunless the secured party requested that the repairman make, alter, repair, or perform labor on theaircraft.
(3) (a) For a lien to be valid, a repairman shall file the lien with the Federal AviationAdministration within 90 days of the last day on which the repairman makes, alters, repairs, orperforms labor on the aircraft.
(b) In addition to any requirements of 14 C.F.R. Part 49, Recording of Aircraft Titles andSecurity Documents, the lien filing required by Subsection (3)(a) shall:
(i) comply with Subsection 38-12-102(2); and
(ii) include:
(A) the United States Registration Number, make, model, and serial number of theaircraft subject to the lien;
(B) the name of the manufacturer, the model, and the serial number of any engine,propeller, or appliance subject to the lien, to the extent that it is not otherwise identifiable byreference to the United States Registration Number;
(C) the amount of the lien; and
(D) a narrative statement describing the nature of the labor performed.
(c) Notwithstanding the day on which the repairman files a lien with the Federal AviationAdministration, a lien filed with the Federal Aviation Administration is effective beginning thelast day on which the repairman makes, alters, repairs, or performs labor on the aircraft.
(4) A repairman shall send a notice of lien to the person against whom the notice of lienis filed in accordance with Section 38-12-102.
(5) If the repairman is paid amounts owed under this section, the repairman shall file arelease of lien with the Federal Aviation Administration.

Enacted by Chapter 187, 2005 General Session