CofR delays...

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Pilotdaddy
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CofR delays...

Post by Pilotdaddy »

So I'm currently in a plane share with four others and I'm wondering if anybody else has dealt with something similar...

One of the partners sold his share last October so we are currently operating on the temporary CofR slip while waiting for the official one to be processed. Of course, with covid, 6 months later and we're still waiting for the updated CofR to be sent back from TC.

Fast forward to today, we have two partners looking to sell...

1) I know we have to notify TC within 7 days of the sale, how do we do so without the new CofR being sent back to us in the first place? I know there is the GALRO portal online but our plane shows up registered under one of the partner's name only, even though it's got the five of us as multiple owners on the official CofR... I think this may just be a GALRO limitation. If we process this online, I don't think we can keep our five person ownership structure as there's only a box for one...

2) Would the two incoming partners have to wait for however long it takes to get the new CofR (from October's sale, to get another temp CofR) in order to act as PIC on the plane?
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photofly
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Re: CofR delays...

Post by photofly »

The answer lies in regulations 202.25, 202.35 and 202.36, in conjunction with any COVID-19 exemptions in force. In normal times a second sale has to wait for the issue of a new C of R after the first sale.
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Pilotdaddy
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Re: CofR delays...

Post by Pilotdaddy »

I take back question #2 as it wouldn't be possible for people to offer blocktime on a private aircraft, if this were true...

For question #1, however, I went through the TC covid exemption list and couldn't find anything particularly for temporary CofRs. I guess we are out of luck and will have to continue to play the waiting game.
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photofly
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Re: CofR delays...

Post by photofly »

Pilotdaddy wrote: Mon Apr 19, 2021 11:46 pm One of the partners sold his share last October so we are currently operating on the temporary CofR slip while waiting for the official one to be processed. Of course, with covid, 6 months later and we're still waiting for the updated CofR to be sent back from TC.
You may have a problem here, in the shape of 202.36(3).
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
Pilotdaddy
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Re: CofR delays...

Post by Pilotdaddy »

photofly wrote: Tue Apr 20, 2021 5:06 am
Pilotdaddy wrote: Mon Apr 19, 2021 11:46 pm One of the partners sold his share last October so we are currently operating on the temporary CofR slip while waiting for the official one to be processed. Of course, with covid, 6 months later and we're still waiting for the updated CofR to be sent back from TC.
You may have a problem here, in the shape of 202.36(3).
Agreed :(
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lownslow
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Re: CofR delays...

Post by lownslow »

What region are you in? Hopefully someone here knows the local TC registration person and can PM you their cell number.
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Pilotdaddy
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Re: CofR delays...

Post by Pilotdaddy »

lownslow wrote: Tue Apr 20, 2021 5:28 am What region are you in? Hopefully someone here knows the local TC registration person and can PM you their cell number.
Ontario - I actually got a hold of someone over the phone this morning and she says she'd expedite it. Fingers crossed.
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redlaser
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Re: CofR delays...

Post by redlaser »

Just submit the new names to TC and keep on flying, The aircraft is registered, just advise the insurance company of the new legal owners, The registered owner is not necessarily the legal owner.
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photofly
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Re: CofR delays...

Post by photofly »

You could do that, but you risk s a $1000 fine every time you operate the aircraft, and you won't qualify for "oral counselling" instead of an enforcement action after you realize the problem, because by then it's no longer inadvertent.
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redlaser
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Re: CofR delays...

Post by redlaser »

If one of the owners remains on the certificate the aircraft ownership has not changed, Adding or removing names from the legal ownership does not have any effect on the aircraft registration, Legally you can own 2% of an aircraft. I've owned shares in aircraft where there were eight legal owners but only one register person on the C of R document.
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photofly
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Re: CofR delays...

Post by photofly »

That's an interesting opinion that doesn't appear to agree with what the regulations say:
202.35 (1) Subject to Subpart 3, where the registered owner of a Canadian aircraft transfers any part of the legal custody and control of the aircraft, the certificate of registration of the aircraft is cancelled.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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