---
kind: "section"
citation: "14 C.F.R. § 16.229"
title: "14"
number: "16.229"
heading: "Burden of proof."
url: "https://uscodex.org/cfr/14/16.229"
---

# §16.229. Burden of proof.


As used in this subpart, the burden of proof is as follows:

- (a) The burden of proof of noncompliance with an Act or any regulation, order, agreement or document of conveyance issued under the authority of an Act is on the agency.
- (b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.
- (c) **A party who has asserted an affirmative defense has the burden of proving the affirmative defense.**

## Notes

### Amendments

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]

### Authority

Authority: 49 U.S.C. 106(g), 322, 1110, 1111, 1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727, 40103(e), 40113, 40116, 44502(b), 46101, 46104, 46110, 47104, 47106(e), 47107, 47108, 47111(d), 47122, 47123-47125, 47133, 47151-47153, 48103.

### Source

Source: Docket No. 27783, 61 FR 54004, Oct. 16, 1996, unless otherwise noted.

### Amendments

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]