[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR218.7]



[Page 57]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 218_LEASE BY FOREIGN AIR CARRIER OR OTHER FOREIGN PERSON OF 

AIRCRAFT WITH CREW--Table of Contents

 

Sec. 218.7  Presumption.



    Whether under a particular lease agreement the lessor of the 

aircraft is engaged in foreign air transportation is a question of fact 

to be determined in the light of all the facts and circumstances. 

However, in circumstances where the lessor furnishes both the aircraft 

and the crew, there is a presumption that true operational control and 

safety responsibility are exercised by the lessor, and that the 

agreement constitutes a charter arrangement under which the lessor is 

engaged in foreign air transportation. The burden shall rest upon the 

applicants for disclaimer of jurisdiction in each instance to 

demonstrate by an appropriate factual showing that the operation 

contemplated will not constitute foreign air transportation by the 

lessor.