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Summary of Mexico Airspace and ATC Overtime Regulations Most pilots do not realize that Mexico, like most other countries, charges for the use of its airspace and for ATC over-time when pilots use a Mexican airport after hours. What makes Mexico’s regulations unique from other countries are four things: 1. The regulations are published in Mexico’s tax code, not in their Aeronautical Information Publication (AIP) and therefore do not appear in any international aeronautical publications. 2. Airspace fees are calculated based on the wingspan of the aircraft and NOT on weight. 3. Mexico does not issue an invoice to advise pilots that they have incurred a fee. It is the pilot’s responsibility to correctly determine the amount owed and to make payment per the regulations. 4. Airspace and over-time fees can only be paid via a Mexican bank. Consequently, many pilots are unaware that they owe these fees and over time these fees accumulate interest and back charges which can grow into very significant amounts. Who is affected? 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. Flights that flew to, or from, an airport within Mexico, ARE NOT subject to these fees. Also, any pilot that used a Mexican airport outside of normal hours has incurred an ATC overtime fee which must be paid using the same procedures as airspace fees. Although these regulations have been in place for many years, they were not strictly enforced until December of 2011. As a result, many pilots trying to fly through Mexican airspace with unpaid fees are being denied entry by ATC. A number of pilots have found that despite using handling companies for their flights through Mexican airspace or for arranging over-time use of a Mexican airport in the past, some of these fees were left unpaid by the handling company. What do I do? Understanding the frustration felt by pilots who find themselves in this situation, we have developed a procedure to assist pilots in resolving this situation and to avoid it happening again. To determine if you owe fees to the Mexican government, and if so, how much is owed (including applicable interest and CPI adjustments) for flights already made, contact FltPlan.com at 203-262-0515. There is a $100 charge per aircraft to cover processing and calculation of fees. Q & A I have been over-flying Mexico for years and no one has ever mentioned anything like this nor have I received any invoices. Where did all this come from? Mexico has actually had regulations for paying over-flight fees for many 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. I have been flying to Mexico for years, do I owe any fees? 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. I live in Texas and to reduce my flying time when flying from one airport to another near the border I have been cutting through Mexican airspace. Do I owe anything? 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. When I have flown to Mexico and have purchased fuel I have been charged a “SENEAM fee.” What is this? The SENEAM fee (sometimes 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. Our company has multiple factories in Mexico and when I add up the amount we pay in SENEAM fees divided by the distances we fly, we are paying a lot more than the official rates per kilometer, what can we do? If you believe that it is more convenient and cost effective to pay on a per-kilometer basis rather than just with the SENEAM fee, then you must advise the Mexican government during the first 20 calendar days of the year that you wish to do so. Otherwise, you will fall under the default methodology of paying when you fuel. One year ago we asked for permission to arrive after hours at an airport in Mexico and we were charged over-time fees at the airport which we paid. Do we still owe something? Most likely yes. Although the DGAC and the airport charge for over-time on the spot, SENEAM is forced to charge for their fees through this 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. I was unaware of these regulations and I am pretty sure that I owe the Mexican government for previous flights. How do I find out how much I owe and how can I make payment? 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.com, who can inquire as to your debt and make the payment on your behalf. I have made a lot of flights through Mexican airspace and never paid anything. What happens if I just ignore this and do nothing? 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 already faced this scenario. We just purchased a used aircraft and noticed in the logbooks that the previous owner made a lot of over-flights of Mexico with the aircraft. Are we liable for these fees? Yes you are 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. We have an aircraft on a dry lease and the prior lessee made numerous over-flights through Mexican airspace and never paid, what can we do? Since dry leases are recorded with the FAA, you can present SENEAM with the documentation provided to the FAA to demonstrate that you are the new operator of this aircraft. You will only be liable for flights made since the lease went into effect. There is a $100 charge per aircraft to cover processing and calculation of fees. |
