Member's Home Forums General Discussion Mexico Mexico Aeronautical & Regulatory * UPDATE * New rules for entering Mexico

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

We received a question about the passenger list and the timing for renewing a Multiple Entry Permit which we will share here with our members.

We specifically asked if the list of passengers created is a list of all those who could possibly fly on the aircraft or those physically on the aircraft. The answer was that it was those physically on the aircraft. They told of one operator who had turned in a list of over 200 potential passengers, I guess that operator has A LOT of friends.

The topic of when the Multiple Entry Permit can be renewed is an issue we reviewed with the DGAC about 6 years ago and new guidelines were written. Historically, Multiple Entry Permits (MEP) that were processed through the DGAC offices in Mexico City (through a handler for a lot of $$) could be processed starting October 01 of that year for a MEP valid for the following year. For example, you could obtain a 2015 MEP starting October 01 of 2014. With this precedent, we requested that the same be true at the DGAC offices at the airports and new rules were passed and announced allowing the same to happen at the airports. Personally, we do this every year and renew our MEP for the following year in the last quarter of the year. The VERY IMPORTANT thing to NOT let happen is to allow the MEP to expire while the aircraft is still in the country.

However, Mexico's DGAC has a new Director General and a new Adjunct Director of Aviation Safety so we will have to see if any of these other long standing procedures remain in place. Based on our meeting, we did not hear anything that would indicate any other changes of this nature, they are really focused on illegal cabotage.

Under the new guidelines issued by the Mexican Civil Aviation Authorities (DGAC), the pilot of a US or Canadian registered aircraft entering Mexico will have to declare the names of the passengers on board the aircraft when it entered the country. The DGAC will record this list in its main central database and the persons on the list will become the only passengers authorized to fly on that aircraft on any flight within Mexico and/or from Mexico back to the USA. Any passengers not on this list will be restricted from flying aboard the aircraft.

There are two methods for modifying this list so that you may take other family members, friends etc. on flights within Mexico or back to the USA or Canada. The first option is to make this change request with the DGAC office at the airport of departure. However, we have seen significant variations in how this is being handled. The second option (that has worked quite well for us) is to submit a passenger change request via email to the DGAC at least 24 hours prior to the proposed flight. Once the email is submitted, you will receive confirmation back form the DGAC via email that the list has been updated and approved. You should print out this email reply (which includes the names of those submitted) so that you have physical proof that you have complied with the requirement.

Pilots wishing to modify their passenger list via email should send it to the following email address with the recommended text (Spanish) outlined below: internaciondgac@sct.gob.mx

Please note that next to each name you should specify the relationship of each passenger using the following:

dueño = owner
familiar = family member
amigo = friend of the owner
empleado de la empresa = Company employee (corporate aircraft)

**************************************
Email Subject: Cambio de lista de pasajeros para la aeronave TAIL NUMBER

Email text:
Buenas tardes,

Por medio del presente y en cumplimiento de la sección 2.9.9.3-c de los "LINEAMIENTO$ GENERALES PARA LA INTERNACION DE AERONAVES CIVILES EXTRANJERAS DESTINADAS AL SERVICIO DE TRANSPORTE AEREO PRIVADO NO COMERCIAL", CO SA-02/14 R1, solicito que la lista de pasajeros de la aeronave, TAIL NUMBER sea actualizada para reflejar los siguientes pasajeros quienes son dueños, familiares, amigos del dueño, y/o empleados de la compañia y que los vuelos que efectúa esta aeronave son de carácter privado, no comercial.

Name of Pax 1, Relación: dueño/familiar/amigo/empleado de la empresa (select which one)
Name of PAX 2, Relación: dueño/familiar/amigo/empleado de la empresa (select which one)

etc.

Entiendo que según la sección 2.9.9.3-f de dichos lineamientos, esta modificación no causará pago de derechos. Manifiesto ser el piloto al mando de esta aeronave.

Atte.

Name of Pilot



**************************************
TRANSLATION:

By way of this email, and in compliance with section 2.9.9.3-c of the guidelines "LINEAMIENTO$ GENERALES PARA LA INTERNACION DE AERONAVES CIVILES EXTRANJERAS DESTINADAS AL SERVICIO DE TRANSPORTE AEREO PRIVADO NO COMERCIAL", CO SA-02/14 R1, I hereby request that the passenger list for the aircraft TAIL NUMBER be modified to reflect the following passengers who are the owners, family members, friends of the owner and/or employees of the company and that the flights made by this aircraft are private, non-commercial in nature.

Name of Pax 1
Name of PAX 2
etc.

I understand that per section 2.9.9.3-f of said guidelines this modification will not incur any costs. I attest to being the Pilot in Command of this aircraft.

Sincerely,


Name of Pilot

I have a question regarding this new rule:

Our company operating under Part 91 often has me fly into Mexico empty(pilot Only, No Passengers) to pick up company personal within Mexico and then fly within Mexico. If I fly into Mexico just empty and then fly Passengers in Mexico, does this apply and do I need to provide the 24hr notice? or Since I arrived with no Passengers, my first flight counts as the passengers that board the plane there in Mexico?

Thanks!

The scenario you describe falls into a grey area that is not clearly addressed by the new procedures. Consequently, it is being handled differently from airport to airport. The way we have handled this for specific flights in the past is to call the DGAC in advance at the airport you plan to enter Mexico through and explain what you want to do. This has been successful. On some occasions we have had to take up the chain of command when local officials refuse to be reasonable.

What airports do you plan to operate out of?

Thanks for the reply! I figured that was a bit of a grey area.

Mainly Tijuana for that senecio.

Our suggestion would be to call the DGAC in Tijuana at +52 664 683 1060 and speak with the comandante.

The new rules do not specifically address your types of operations so it is toss up from airport to airport. Please let us know how it goes.

Will do. Thanks!