Mexican Civil Aviation Law to be reformed

04/05/2021

The Civil Aviation Law is a rule of public order and its purpose is to regulate the exploitation, use or exploitation of the airspace located over the national territory, with respect to the provision and development of civil and state air transport services.

The President of Mexico, Andrés Manuel López Obrador, had presented before the Chamber of Deputies an initiative with a draft decree to modify the Civil Aviation Law, in order to respond to the findings made by the United States Federal Aviation Administration (FAA) during its audit of Mexican aviation.

With 113 votes, the Chamber of Senators endorsed the bill to update the Civil Aviation Law with the commitments acquired by Mexico in international instruments on the matter.

This reform allows Mexico to comply with the Convention on International Civil Aviation. In other words, the current legislation is updated and complies with instruments such as the Convention on International Civil Aviation, the purpose of which is to control commercial aeronautics.

The ruling establishes that the Ministry of Communications and Transportation will exercise aeronautical authority in airports, heliports and aerodromes in general, through the Federal Civil Aviation Agency, through regional commanders and airport commanders.

In addition, one of the provisions contains the prohibition of cabotage practices to foreign permit holders in Mexican territory. In the case of foreign owners of non-Mexican aircraft destined for private use, such practices are also prohibited.

Pursuant to the amendment sent by the Federal Executive, only the Mexican permit holder that provides international air transportation services under the air cab or charter modality, may transport passengers, cargo, mail or a combination of these that have been embarked abroad between two or more points in Mexican territory.

On the other hand, the Air Accidents Investigation and Ruling Commission will have the following powers to investigate aviation accidents and incidents: coordinate, request and receive information, conduct the investigation of the incident or accident.

Senator Xóchitl Gálvez Ruiz, of the PAN, indicated that they supported the project after analyzing the proposal in her Parliamentary Group. PAN members came to the conclusion that the downgrading of the category in Mexican aviation could cause a deep crisis in the industry and therefore supported the project.

Finally, Senator Beatriz Paredes Rangel, from the PRI, expressed her discomfort for the "fast track" in the approval of the proposal, since, she said, they did not have time to present reservations. For this reason, she asked all the benches to acquire the commitment to review the content in this interim and, if it requires modifications, to make them at the beginning of the next Ordinary Period of Sessions.

By Mexicanist, Source: Press Office of the Senate of the Republic of Mexico