The problem with illegal cabotage in Mexico using USA registered aircraft has been an ongoing issue for a number of years. There have been several high profile cases recently that have brought this issue into the limelight. The new procedures for issuing and maintaining Single-Entry and Multiple-Entry Permits for USA registered aircraft entering Mexico are intended to deter this activity but unfortunately, there are several areas in the new rules that can affect law abiding pilots on Part 91 flights.

On May 20, 2014 we met with the Director General and a number of his staff of Mexico’s Civil Aviation Authority (DGAC as it is known in Mexico) at his office in Mexico City to review the new procedures and to obtain clarifications and make suggestions on how to improve them. During our meeting we addressed the following points:

PILOT CHANGES: Single and Multiple Entry Permits will be voided whenever a change in pilots occurs. Each time a new crew flies a specific aircraft, a new permit must be obtained. This can occur upon entering Mexico or while the aircraft is already in Mexico. The reasoning behind this is the DGAC’s assumption that most normal Part 91 private flights will be flown by the same pilots while the aircraft is within Mexico. Changing flight crews raises a red flag.

PASSENGER CHANGES: Upon entering Mexico a list of passengers physically on board the aircraft must be submitted along with the request for an Entry Permit to the DGAC. The passengers (or subset of the passengers) on this list will be the only persons allowed to fly on board the aircraft unless a request is made to modify the list. Changes to the list must be made at least 24 hours prior to intended departure. It is important to note that the writing in the rules could be interpreted as “up to” 24 hours prior to departure but it was clarified in our meeting that the correct interpretation is “at least” 24 hours prior to departure. These passenger changes can be made by one of two methods:
1) By presenting a new list to the DGAC at the airport of intended departure or,
2) By submitting an email with the new list to internacionesdgac@sct.gob.mx. Presently, there is no specific format and there was discussion of a pdf form being developed. In the meantime, be sure to include appropriate aircraft and passenger information.

It was clarified in the meeting that an automated acknowledgement would be sent when emails are submitted so that the pilot will have proof of compliance with this requirement. “Officially” the email for passenger changes will be monitored 24 hours-a-day, 365 days-a-year. However, a special point was made by stating that it is best to submit the email Monday-Friday during normal working hours to maximize the probability of getting it processed expeditiously. There are NO FEES related to changes in passenger lists and these changes have no impact on the validity of permits.

MOVEMENT REPORT: In the new procedures, Entry Permits come with a new form to record aircraft movements within Mexico. We made the observation that they are already capturing this information with the CASS system in place and it was agreed that this form would be ELIMINATED.

GENERAL DECLARATION: We made the observation that while the new rules specify the use of a General Declaration Form, no format for the form was given. We suggested that a single format be selected for the entire country and that it be made available for download from a public server so that pilots can complete them ahead of time.

AIRCRAFT ON A CHARTER CERTIFICATE TO BE USED FOR PRIVATE FLIGHTS: In Mexico, authorized aircraft usage (Private, Charter, Government) is defined by specific letters in the registration (tail) number of the aircraft. This makes it easy to identify what types of operations are allowed for a specific aircraft but makes it very inflexible for aircraft owners. On the other hand, USA registered aircraft can be used for multiple uses (Private, Charter, Training) as long as the operator has the appropriate permits and meets the appropriate maintenance requirements for the specific use intended. This difference in philosophy has been a challenge for Mexican authorities. During our meeting, we pointed out that FAR Part 91.501 (b) clearly allows the owners of aircraft that are part of a Charter Certificate to be used for Private flights under Part 91. After much discussion it was agreed that this restriction will be dropped but that a greater emphasis will be placed on the declarations made by the pilot when requesting an Entry Permit. We also pointed out that the entire permit request form and the permit itself were in Spanish which made it very difficult for most US pilots to read and properly understand. This point was addressed subsequently.

Therefore, owners of aircraft that are part of a Charter Certificate CAN make flights to Mexico as Private flights. We strongly recommend that these owners bring with them a notarized letter stating who the owner of the aircraft is, that the owner is aboard and the relationship of crew and passengers to the owner. In the event that there is a challenge to the type of flight being made, the crew will have a document that attests to the type of flight.

LANGUAGE & NEW RULES: We pointed out the need for an English version of the Permit request form and the Permit itself so that Pilots know what it is they are signing. Considering the great importance that is being placed on the declaration by the pilot that flights are exclusively for private operations and the severe (criminal) penalties for making a false claim, it is critical that pilots understand what they are signing. We were told that a new set of rules with the changes discussed, English translation and updated requirements will be issued shortly. We were promised an advance copy of the new rules.

OTHER TOPICS DISCUSSED: In addition, we also discussed several other points:
• Use of the Mexican electronic flight plan system. Currently, US licensed pilots are barred from using this system. We were told that this is all under review and the goal is to eliminate paper flight plans altogether.
• There were a number of other topics that affect private flights to Mexico which were discussed in detail. We will publish more information on these other topics as progress is made.

For more information, contact Caribbean Sky Tours at +1 786 206 6147

CST Flight Services (Formerly: Caribbean Sky Tours)
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