|Mexican Airspace & ATC Overtime Regulation|
Mexico charges for the use of its airspace and
for ATC over-time when pilots use a Mexican
airport after hours.
Mexican regulations are unique in the following ways:
Pilots should be aware that if, during the last 10 years, they made a flight through Mexican airspace that neither took off nor landed in Mexico, they are subject to airspace fees.
Mexico has had regulations for paying over-flight fees for years. However, they were not strictly enforced until the Mexican tax code was changed in December 2011. Since these laws are not published in Mexico’s AIP, they have not made their way into third party aviation publications.
If all of your flights that went through Mexican airspace began or ended at a Mexican airport, you do not owe anything, even if you did not buy fuel while you were in Mexico. Only flights through Mexican airspace that did not either begin or end at a Mexican airport are required to pay.
More than likely, YES. Since you flew through Mexican airspace and did not take off or land at a Mexican airport then you are liable for airspace charges.
The SENEAM fee, often referred to as the wing tax, is the fee that is applied to aircraft flying within Mexico in lieu of having to calculate distances and make individual payments to the Mexican government.
Although the DGAC and the airport charge for over-time on the spot, SENEAM is forced to charge for their fees through the current tax system. Even customers who used a handler should check that they do not owe something as most handling companies were not making these payments either.
The Mexican government cannot publish an official list. You will need to consult with an aviation group that has a working relationship with SENEAM, like FltPlan, who can inquire as to your debt and make the payment on your behalf.
Since December of 2011, SENEAM has been forced to implement this law in its entirety and to advise the Mexican tax authorities of outstanding debtors as well as publish a list of these aircraft to all ATC centers and towers throughout the country. If your aircraft is on this list and you attempt to enter Mexican airspace you could be denied entry and forced to fly around the Mexican FIR. A number of aircraft have faced this scenario.
You are liable unless you provide SENEAM with documentation demonstrating the change of ownership. Once you have demonstrated the legal change you will only be liable for flights made after the change of ownership.
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