Latest reform published in the DOF on January 26, 2015
ERNESTO ZEDILLO PONCE DE LEÓN, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has served to address the following
" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
CIVIL AVIATION LAW
Article 1. This Law is of public order and is intended to regulate the exploitation, use or use of the airspace located on the territory national, with regard to the provision and development of civil and civil air transport services.
The airspace located on the national territory is a general route of communication subject to the rule of the Nation.
Article 2. For the purposes of this Act, it is understood by:
I. Aircraft: any vehicle capable of operating with autonomy in airspace with persons, cargo or mail;
II. Civil aerodrome: a defined area of land or water suitable for take-off, landing, watercraft or aircraft movement, with minimum facilities or services to ensure the safety of its operation;
III. Airport: public service civil aerodrome, which has the appropriate facilities and services for the reception and dispatch of aircraft;
IV. Aerovia: air route provided with navigation aids.
V. Cabotage: air transport by way of remuneration or any other type of consideration, for passengers, freight, mail or a combination of these, between two or more points on national territory;
VI. Certificate of airworthiness: official document attesting that the aircraft is in satisfactory technical condition for conducting flight operations;
VII. Certificate of registration: document identifying and determining the nationality of the aircraft;
VIII. Heliport: civil aerodrome for the exclusive use of helicopters;
IX. State operational security programme: the programme established by the Secretariat through an operational security management system, in order to achieve an optimal level of operational security in civil aviation;
X. Service providers: among others, the concessionaires and permissionaries of the air transport of service to the public and the concessionaires and the airport operators, the decentralized agency Airports and Services Auxiliary, the organ In this context, the Commission has taken into account the fact that the Commission has not yet taken the necessary measures to ensure that the Commission has taken the necessary measures to ensure that the air traffic services, training centres, training centres and training and air operators of State aircraft other than military aircraft;
XI. Route: airspace established by the Secretariat to channel air traffic.
XII. Secretariat: the Secretariat for Communications and Transport;
XIII. Operational safety: is the state in which the risk in the provision of the air transport service, of injury to the persons or damage to the goods, is reduced and maintained at an optimum level, or below it, by means of a continuous process of hazard identification and risk management;
XIV. Service to the air transport public: that which is generally offered and which, in terms of this Law, includes the public service subject to concession, as well as other services subject to permission.
XV. Regular air transport service: the one that is subject to itineraries, flight frequencies and schedules;
XVI. National air transport service: the one that is provided between two or more points within the national territory;
XVII. Operational Security Management System: a systematic approach to managing operational security that is set as a process documented risk management that is part of a data collection and processing system on operational security, in order to minimize risks and to make continuous improvements to the operational security of aviation to protect the public interest, which integrates operations and related technical systems with the administration of human and financial resources, including organic structures, the accountability obligation, policies and procedures necessary for obtaining that purpose, and
XVIII. Treaties: those defined as such in section I of Article 2 of the Law on the Celebration of Treaties.
Article 3. The exploitation, use or exploitation of the airspace located on the national territory, is of federal jurisdiction.
It will be up to the federal courts to know of the controversies that arise in the application of this Law, without prejudice to the controversies that they arise between private individuals to be submitted to arbitration in accordance with applicable provisions.
The events and acts carried out on board a civilian aircraft with Mexican registration will be subject to Mexican laws and authorities; and those that occur or are carry out on board a foreign civil aircraft during the flight of the same on national territory, shall be governed by the laws and authorities of the State of registration of the aircraft, without prejudice to the provisions of the treaties. In the case of commission of offences in aircraft, the provisions of the Criminal Code for the Federal District in the Matter of Common Fuero and for the entire Republic of Federal Fuero will be available.
It is applicable to civil air navigation the provisions that, on births and deaths on board a Mexican-flagged vessel, establishes the Civil Code for the Federal District in Common Matter and for the entire Republic in Federal Matter.
Article 4. Civil navigation in the airspace over national territory is governed by the provisions of this Law, by the treaties and, in the absence of express provision, will be applied:
I. The Law of General Communication Vies;
II. The General Law of National Goods;
III. The Federal Administrative Procedure Act, and
IV. The codes of Commerce; Civil for the Federal District in Common Matter and for the entire Republic in Federal Matter; and Federal Civil Procedures.
Article 5. Mexican aircraft are classified into:
I. Civil, which may be:
a) Service to the public: those employed for the provision to the public of an air transport service regular or non-regular, national or international, and
b) Private: those used for commercial uses other than service to the public or for transport The purpose of this studyto provide the information to the European Parliament and to the Council of the European Parliament.
II. Status, which may be:
a) The ownership or use of the Federation other than the military; those of state governments and Municipal authorities, and those of State-owned entities, and
b) The military, which is intended or in possession of the Army, Navy, and National Air Force.
From the aeronautical authority
Article 6. The Secretariat shall have the following powers in the field of civil and airport aviation, without prejudice to those granted to other agencies of the federal public administration:
I. Plan, formulate and conduct policies and programs for the regulation and development of air transport services;
II. Grant concessions and permissions, verify their compliance, and resolve, where appropriate, their modification or termination;
III. Issue Mexican official standards and other administrative provisions;
IV. Provide and control services to air navigation and establish the operating conditions to be attached;
V. To issue and implement, in coordination with the competent Secretariats, safety and hygiene measures and standards, safety in civil aviation and environmental matters, to be observed in air transport services, as well as verify compliance;
VI. Issue certificates of registration, airworthiness and air service operators and, where appropriate, decree the suspension, cancellation, revalidation or revocation thereof, as well as carry the Mexican Aeronautical Registry;
VII. Establish and verify the airport system within the national airspace;
VIII. Participate in international organizations and in the negotiation of treaties;
IX. Promote the training, training and training of aeronautical technical personnel;
X. Issue and, where appropriate, revalidate or cancel the licenses of the aeronautical technical personnel;
XI. Interpret this Law and its regulations for administrative purposes, and
XII. Promote the development of the aeronautical industry, as well as commercial and non-commercial aviation;
XIII. Authorize the practice of verification visits;
XIV. Designate or, where appropriate, remove regional commanders, airport commanders, heliports, and general civil aerodromes, as well as the specialized technical personnel who provide their services on the same; and
XV. Approve the flight plan that the operator has previously submitted in writing or will transmit by telephone, intercom, established aeronautical radio frequency or any other electronic means, in accordance with the Administrative provisions for such purposes shall be issued, and
XVI. The others that point to this Law and other applicable ordinances.
These privileges may be exercised through the Directorate General of Civil Aeronautics, with the exception of those powers that are identified as inselectable in the Internal Rules of Procedure of the Secretariat, and without prejudice to those conferred on it to that Administrative Unit.
Article 7. The Secretariat shall exercise the aeronautical authority at airports, heliports and aerodromes in general, through the Directorate General of Aeronautics Civil, through regional commanders and airport commanders.
Regional commanders must be Mexican by birth who do not acquire another nationality, and in the exercise of their privileges will be functional and operationally of the Directorate General of Civil Aeronautics.
The regional commanders will be in charge of the airport commands that are expressly determined by the General Directorate of Civil Aeronautics, the which shall exercise the privileges referred to below:
I. Monitor and verify permanently that dealers, permissionaries, aircraft operators and air navigation service providers comply with the provisions of this Law, their Regulations, Mexican and other official regulations applicable provisions;
II. Monitor compliance with the provisions and instructions contained in the Aeronautical Authorities Manual;
III. Monitor strict compliance with the duties and responsibilities of Airport Commanders;
IV. Monitor that the personnel of the airport commands in your region are properly trained to perform their duties;
V. Monitor the safety and efficiency of aeronautical operations;
VI. Lift administrative proceedings for violations of this law, its official Mexican regulations and standards; act as an auxiliary to the public ministry; complete the judicial decisions and coordinate their activities with the others. authorities carrying out functions at airports; and
VII. The others expressly conferred upon them by their superior hierarchical and are founded on the applicable legislation applicable to the matter.
Article 7 Bis. Airport commanders shall be Mexican by birth who do not acquire another nationality, and in the exercise of their privileges will be functionally and operationally dependent on the Directorate General of Civil Aeronautics, through regional commanders.
The airport commanders shall have the following privileges, which shall be exercised in the geographical demarcations expressly provided to them. determined by the Directorate General of Civil Aeronautics:
I. Authorize or suspend the operation of the aircraft, in accordance with the provisions of this Law;
II. Verify that the air traffic control, navigation and visual aids services are in conformity with the applicable provisions;
III. To verify the validity of the licenses and capabilities of the aeronautical technical personnel, the registration certificates and airworthiness of the aircraft;
IV. Verify compliance with security and efficiency conditions in air transport services;
V. Dispose partial or total closure of airports, heliports or aerodromes in general, when they do not meet the security conditions for air operations;
VI. Prohibit any pilot or crew member from performing operations, when they do not comply with applicable provisions;
VII. To raise administrative proceedings for violations of this law, its official Mexican regulations and standards; to act as auxiliary to the ministry public; complete the judicial decisions and coordinate their activities with the other authorities carrying out functions at the airports; and
VIII. The others that point to this Law and other applicable ordinances.
For these purposes, the commanders will have the support of a body of aeronautical verifiers subordinate to them.
Article 8. (Repeals).
Of the grants and permissions
Of the concessions
Article 9. A concession is required to be granted by the Secretariat to provide the public service of regular national air transport. Such a concession will only be granted to Mexican moral people.
Those interested in obtaining concessions will have to credit:
I. The technical, financial, legal and administrative capacity to provide the service under conditions of quality, security, opportunity, permanence and price;
II. The availability of aircraft and other air equipment that meet the technical safety requirements, the required airworthiness conditions and the environmental provisions, and
III. The availability of hangars, workshops, the necessary infrastructure for their operations, as well as the technical aeronautical and administrative personnel trained for the exercise of the requested concession.
IV. Count, by themselves or through associated Mexican commercial companies, with the experience that makes their stay in the sector viable and maximize the security of their operations.
The dealers referred to in this Article may provide the international air transport service provided that they have the authorization of the routes on the part of the Secretariat.
Article 10. Concessions shall be granted for up to thirty years and may be extended on one or more occasions, provided that each of these extensions do not exceed the time limit referred to in this Article, and the concessionaire:
I. It has complied with the obligations set out in the concession to be extended;
II. Request it no later than one year before your conclusion;
III. An improvement in the quality of the services provided during the validity of the concession, in accordance with the systematic verifications performed according to the efficiency indicators and security to be determined in the respective regulations and other applicable provisions, and
IV. Accept the new conditions established by the Secretariat, based on this Law.
Of the permissions
Article 11. Air transport services subject to permission shall be:
I. National non-regular;
II. International International;
III. Unregular, and
IV. Commercial private.
The permits will be granted: to Mexican moral people in the case of the fraction I; to foreign societies in the case of the II fraction; to Mexican moral people or foreign companies in the case of fraction III; and Mexican or foreign natural or moral persons in that of the IV fraction.
For the provision of the regular international air transport service by Mexican moral persons, the provisions of Article 9 of this Law will be provided.
It will also require permission to set up aeronautical workshops and training and training centers, which may be granted to natural or moral persons. Mexican or foreign.
Certificates, or equivalent documentation, issued by training centres and foreign aeronautical workshops, shall be validated by the Secretariat, provided that where such workshops and centres are accredited by the aeronautical authority of your country, and that country complies with the standards and methods recommended by the International Civil Aviation Organization and/or Federal Aviation Administration.
The permissions will be granted indefinitely.
The requirements for obtaining the permits referred to in this article will be specified in the corresponding regulation.
Article 12. Concessions and permissions will be granted to people who meet the requirements set forth in this Act and its regulations.
The relevant decision shall be issued within a period not exceeding 90 calendar days from the date on which the application was lodged. properly integrated.
The participation of foreign investment in the capital of Mexican moral people will be subject to the provisions of the law of the matter.
Article 13. The grant or permission title must include at least the following:
I. The name and address of the concessionaire or permissioner;
II. The object of the grant or permission;
III. Where appropriate, the authorized routes or flights;
IV. The development programs and, where appropriate, the service maintenance programs;
V. The rights and obligations of dealers or permissioners, and
VI. The period of validity.
Article 14. Concessions or permissions terminate by:
I. Expiration of the time limit laid down in the concession or extension which, where appropriate, has been granted;
II. Renunciation of the holder;
IV. Disappearance of the grant or permission object, and
V. Clearance or bankruptcy of the holder.
The termination of the concession or permit does not extinguish the obligations incurred by the holder during its lifetime.
Article 15. Concessions or permissions can be revoked by:
I. Do not exercise the rights conferred for a period of more than one hundred and eighty calendar days, counted from the date of its granting;
II. Do not maintain in force the insurance referred to in this Law;
III. The change of nationality of the concessionaire or permissioner;
IV. Give in, mortgage, tax, transfer or dispose of concessions, permits, or rights in them, to any government or foreign state;
V. Assign, mortgage, tax, transfer or dispose of concessions, permits, or rights in them conferred on other individuals, nationals or foreigners without authorization from the Secretariat;
VI. Apply different rates to the registered, or if any, approved;
VII. Alter or falsify official documents related to this Act;
VIII. To suspend, in total, the provision of services without authorization from the Secretariat, except in case of fortuitous or force majeure;
IX. Provide services other than those indicated in the respective concession or permit;
X. Contravene the conditions of safety in the field of airworthiness;
XI. Failure to comply with the obligations to pay compensation for damages arising from the provision of services;
XII. Run or omit acts that prevent the provision of the licensed or permitted services between those entitled to it;
XIII. Violate hygiene and environmental measures and standards;
XIV. Conduct cabotage on national territory, using foreign aircraft not authorised for that purpose, and
XIV. In general, breach any of the obligations or conditions set forth in this Law, in its regulations and in the title of the respective grant or permit, provided that the non-compliance has imposed a penalty and has been signed in terms of law.
The Secretariat will revoke concessions or permissions immediately only on the assumptions of previous fractions I to V, VII and XIV . In the same way, in the case of the X fraction, the infringement for the security of the operation shall be serious when the case is considered to be serious.
In cases of fractions VI, VIII, IX, XI, XII and XIII the Secretariat shall only revoke the grant or permit when it has previously sanctioned the respective concessionaire or permissioner, at least three times for the causes foreseen in the same fraction.
The holder of a concession or permit that has been revoked shall not be able to obtain, directly or indirectly, another concession or permit from those referred to in this Law. within a period of five years from the date on which the respective decision has been signed.
Article 16. The Secretariat shall authorize the full or partial transfer of the rights and obligations established in the concessions or permits, within a period of 90 calendar days counted from the filing of the application, provided that the transferee undertakes to carry out the obligations that are pending, and assumes the conditions that, to that effect, establish the Secretariat.
Dealers or permits under no circumstances may give in, or in any way, tax, transfer or dispose of the concession or permit or the rights in them. conferred, to no government or foreign state.
Air Transport Service
Article 17. In the provision of air transport services, the necessary measures must be taken to ensure the maximum safety conditions of the aircraft and its operation in order to protect the physical integrity of the aircraft and its users. goods, as well as third-party goods.
Services should be provided on a permanent and uniform basis, on a level playing field and non-discriminatory in terms of quality, opportunity and price.
From service to air transport public
Article 18. The service to the air transport public may be: national or international; regular or non-regular, and passengers, cargo or mail.
Air transport between two or more points on national territory will be conducted exclusively by Mexican moral people.
Article 19. The provision of the regular national air transport service shall be subject to the following:
I. Concessions will contain the specific routes with which the service delivery and the conditions of the service will be initiated;
II. In order to operate additional routes to those contained in the concession, the Secretariat must be asked for the corresponding authorization, which will be part of the concession itself, and
III. The additional route may only be marketed until it has been authorized, and the corresponding route operation must be initiated within a period of time. not more than 90 days from the date on which the authorisation was issued. If the route is not operated within that time limit, the route shall be cancelled without the need for a declaration by the Secretariat.
Article 20. The provision of regular international air transport services by Mexican moral persons shall be subject to the following:
I. For the operation of the corresponding routes, authorization shall be required to be granted by the Secretariat;
II. The respective authorisations shall be granted only to persons who have been granted the national regular air transport service;
III. The authorizations will conform to what is agreed with the State to which the route is operated;
IV. The authorities will refer to specific routes;
V. Specific routes may only be marketed until they have been authorized, and the corresponding route operation must be initiated in a the maximum of one hundred and eighty days, counted from the date on which the authorisation was issued. If the route is not operated within that period, the route shall be cancelled without the need for a declaration by the Secretariat, and
VI. In cases where more than one dealer requests the operation of the same route assignable by the Secretariat, the Secretariat will grant authorization corresponding to the one that offers the best conditions for service delivery.
In order to determine the opportunity and appropriateness of initiating the negotiations of the treaties referred to in this article, the Secretariat will take into account conditions of reciprocity, as well as the criteria referred to in Article 25 below.
Article 21. Foreign companies will require permission from the Secretariat to provide the international air transport service to and from Mexican territory. For this purpose, the Secretariat shall grant such permits in accordance with the treaties concluded with the respective States.
Article 22. Dealers or permissioners who are authorized to operate air routes in terms of this Law must inform the Secretariat of those routes that will cease to operate, with a minimum of thirty days in advance of this, or ninety days, if they are the only service providers.
Article 23. Non-regular domestic air transport services include, among others, chartering and air taxi services.
In the case of chartering services, permissionaries should observe the following:
I. Flights or flights of flights wishing to operate will be subject to prior authorisation from the Secretariat;
II. The services provided under no circumstances may be translated or in fact equivalent to those of regular air transport;
III. The services will be complementary to those of regular air transport, and
IV. In aircraft chartering contracts concluded with tourism service providers, it shall be agreed that air transport services shall be marketed, in any case, as part of other package services; and to set the respective regulations.
The aircraft authorised for the provision of the air taxi service may be up to 15 passengers or 3,500 kilograms of cargo.
The provision of air taxi services shall be subject to the conditions specified in the permits to be granted by the Secretariat on the basis of in this Law, in view of criteria which, inter alia, cover the specifications of the air equipment, the characteristics of the operations and the way the services are marketed.
Article 24. The provision of international non-regular air transport services by Mexican or foreign companies shall be subject to the provisions of the Treaties; in the absence of such treaties, the Secretariat shall in particular resolve each request.
Article 25. The Secretariat, in resolving the requests referred to in Articles 19 to 21 and 24 above, shall take into account, as the case may be, criteria that encourage effective competition, the permanence, quality and efficiency of the service, as well as the development of air transport services.
Article 26. The Mexican concessionaires or permits must send to the Secretariat, for their knowledge, the commercial and cooperation agreements they conclude with each other or with foreign airlines, within a period of thirty days from the celebration of the same.
Commercial private air transport service
Article 27. Commercial private air transport is considered to be intended for the service of one or more natural or moral persons, other than the owner or holder of the same aircraft, for profit.
Within commercial private air transport are the specialized air services which, in turn, comprise those of aerofotography, aerotopography, advertising commercial, aerial spraying, artificial provocation of rain and training and training, among others.
In the case of foreign aircraft providing commercial private air transport services, the provisions of the treaties and applicable laws shall be provided.
Foreign permits to be provided by the commercial private air transport service will not be able to carry out cabotage practices on national territory. This provision shall not apply to persons operating non-commercial private air transport aircraft.
Non-commercial private air transport
Article 28. It is considered non-commercial private air transport that is intended for non-profit use.
The operation of non-commercial private air transport aircraft shall not require permission; but it shall have the certificates of registration and airworthiness, and with insurance policy.
Persons operating the aircraft referred to in this Article shall in no case be able to provide commercial services to third parties.
Non-commercial private air transport will be specifically governed by this Law, its Regulation and the applicable legal provisions.
Article 29. Foreign aircraft of non-commercial private service may fly over the national airspace and land and take off in Mexican territory, provided that they have the authorisation of the Secretariat. The first landing must be made at an international airport, in which the corresponding authorisation must be processed.
This authorization can be obtained by two mechanisms:
I. Single-nation authorization, which will be valid for six months.
This authorization will expire in advance, if during its lifetime, the aircraft leaves national territory, and
II. Multiple-entry authorization, valid until the last day of the year in which it was requested, by prior application to the Secretariat.
In both cases, prior compliance with applicable legal provisions.
The owners or crew of foreign aircraft of non-commercial private service shall provide proof to the Secretariat, when requested, that the Secretariat and the aircraft comply with the technical requirements for airworthiness and license established in the State of registration.
Article 30. Aerostats, ultra-light aircraft or other similar, with or without motor, that do not provide service to the public, will require registration with the Secretariat and they shall be subject to the provisions of the applicable provisions issuing the same.
Regardless of their form of constitution, private aircraft operators, as well as air clubs, aeromodelism and physical persons who practice Air sports shall be subject to the regulations arising from this Law and to the provisions issued by the Secretariat.
From State Aircraft
Article 31. The operation of the State aircraft shall not require permission; it shall be in accordance with the procurement of the registration and airworthiness certificates. and must have insurance policy.
Military aircraft shall be governed for operation by the provisions applicable to them, without prejudice to the provisions of Article 37 of this Regulation. Law.
Of the operations
Article 32. All aircraft, for flights, must carry on board the insurance policy or the document stating that it is in force, as well as the certificates of airworthiness and registration or certified copy of the latter, in force.
Obtaining the certificate of airworthiness shall be subject to the tests, technical control and maintenance requirements laid down by the regulations.
In all cases, the aircraft will have to carry on board the documents and equipment that they indicate in the treaties, this Law and other applicable provisions.
The validity of the airworthiness certificate shall be two years, for which the aircraft shall comply fully with the requirements and specifications set out in the regulation of this Law and other relevant administrative provisions.
The Secretariat may suspend or cancel the certificate, in the event of non-compliance with the requirements and specifications mentioned in the previous paragraph.
The aircraft's station license will be granted, which will have an indefinite duration, except when the features of the equipment or the equipment have changed. registration of the aircraft.
Article 33. In civil aircraft they will not be able to board armed persons, in a state of drunkenness or under the influence of narcotic drugs, psychotropic or energy; and only bodies or persons who, by the nature of their disease, present a risk to other passengers may be transported with the relevant authorisations.
Minors will be able to travel alone, under the responsibility of their parents or guardians.
Dealers and Permissioners must take the necessary measures to adequately address disabled people, as well as age groups. advanced.
Article 34. The Secretariat shall regulate the air transport of hazardous materials, substances and objects, as well as weapons, ammunition and explosives, without prejudice to the privileges conferred on other dependencies of the federal public administration and the provisions of the treaties.
Article 35. For navigation according to the instrument flight rules in airspace, it will be mandatory to use air traffic services, radio, meteorological, telecommunications and aeronautical information, as well as flight information and information provided by the Secretariat or, where appropriate, the persons empowered by the Secretariat. It will also be mandatory to make use of the airport system established by the Secretariat in the controlled airspace.
For navigation, according to the rules of visual flight in the controlled airspace, the aircraft must establish communication and be attached to the control service in accordance with the provisions of this Law, its Rules of Procedure and other applicable provisions.
Article 36. The Federal Executive, for reasons of emergency, public security or national defense, may establish prohibited, restricted or dangerous zones to the civil air navigation.
It is forbidden for civil aircraft to carry out acrobatic, demonstration and, in general, dangerous developments on the cities and nuclei of population.
The Secretariat will be able to authorize the performance of air festivals, for which it will point out the areas where these will be carried out.
Article 37. Military aircraft operations in any part of the airspace located on the national territory, with the exception of restricted areas for their exclusive operation, shall be subject to the air traffic provisions of this Act. In the case of infringements, the Secretaries of Defence and the Navy shall be informed, as appropriate, for the purposes of the infringements.
For reasons of national security or public order, the Secretariat shall exercise its powers relating to navigation in the airspace in coordination with the corresponding civil or military authorities.
From aeronautical technical staff
Article 38.- Aeronautical technical personnel are made up of flight personnel directly involved in the operation of the aircraft and personnel. of land, the functions of which are specified in the relevant regulation. Such staff shall, in addition to being Mexican by birth who do not acquire another nationality, have the respective licenses, subject to verification of the requirements of capacity, physical fitness, examinations, experience and expertise, among others.
For the case of private non-commercial aviation, foreign and domestic pilots will be able to validate or obtain the private pilot's license, prior to the express provisions in the relevant regulation.
The validity of the aeronautical technical personnel's licenses shall be three years, except that:
I. A license is requested when a previous license has been suspended or cancelled, where its validity will be one year, after which, in order to mediate a new application, the Secretariat will determine, if to the person concerned's compliance with the use of the license, granted for two years or again for one year, or
II. This is the license validation, the validity of which may not exceed the one granted by the civil aviation authority of the country concerned has granted it to the civil aviation authority.
For aeronautical technical personnel to be able to engage in the exercise of their activity, they must prove to the aeronautical authority that they are the holder of an existing licence issued by the authority, with the constancy of physical fitness in force corresponding to its activity.
The person concerned shall have up to 30 calendar days after the time of his/her renewal, without this entailing the expiration of the respective licence, period in which it will not be able to carry out its activities as aeronautical technical personnel.
Article 39. Dealers or permits shall have the obligation, in accordance with the law of the matter, to provide the personnel to whom the Previous article, training and training that is required for the provision of services to be efficient and safe.
Instructors who provide training and training must have registration with the Secretariat or the foreign training center for which provide their services.
The Secretariat, without prejudice to the responsibilities that correspond to the Secretariat of Labor and Social Security, in coordination with other federal authorities competent, shall determine the applicable general guidelines for the definition of knowledge, skills and skills that require certification, as necessary to ensure the security of the provision of services. Such certification shall be subject to the arrangements laid down by the authorities. In determining the general guidelines referred to above, the competent authorities shall establish procedures for the consideration of the proposals and operations of the concessionaires and operators.
Of the aircraft commander
Article 40.- All aircraft shall have a commander or pilot in command, who shall be the highest authority on board and the person responsible for their operation and direction and to maintain the order and safety of the aircraft, crew, passengers, baggage, cargo and mail. The commander of the aircraft of service to the public shall be Mexican by birth who does not acquire another nationality and be in full enjoyment and exercise of his civil and political rights.
The aircraft commander shall be designated by the concessionaire or permit and, in the case of the non-commercial private air transport service, by the owner or holder of the aircraft; to supplement the absence or inability of the aircraft commander during the flight, the hierarchical order of designation of the crew made by those aircraft shall be followed.
In cases of emergency or for security reasons, the commander or pilot to replace him will act on behalf of who designated him and make the relevant decisions.
Any person on board is required to abide by the commander's instructions for the safety and operation of the aircraft.
The commander will record in the logbook the facts that may have legal consequences, which occurred during the flight, and will bring them to the attention of the the competent authorities of the first landing place in the national territory, or of the competent authorities and of the Mexican consul, if the landing takes place abroad.
Article 41. The responsibility of the commander comprises from the moment he takes over the aircraft to start the flight until his surrender to the authority competent or the representative of the concessionaire or permit and, in the case of the non-commercial private air transport service, the owner or holder of the aircraft, who shall be jointly and severally liable with the commander or pilot; any order given in violation of the provisions of this Law.
The landing of the aircraft at the station shall be deemed to be a flight plan closure.
Of the rates
Article 42. Dealers or permissioners will freely set rates for the services they provide, in terms that allow the provision of services under satisfactory conditions of quality, competitiveness, security and permanence.
International tariffs shall be approved by the Secretariat in accordance with what is, if necessary, established in the Treaties.
Fees must be registered with the Secretariat for entry into force and will be permanently available to users.
The Secretariat may deny the registration of the fees fixed by the concessionaires or permissionaries, if the same implies predatory practices, of a monopolistic nature, market dominance or unfair competition which prevents the market of other dealers or permits from staying on the market, and may establish minimum or maximum tariff levels, as the case may be, for the respective services, to order these levels, in order to promote healthy competition.
The tariffs will clearly and explicitly describe the restrictions to which they are subject and remain in force for the time and conditions offered. Restrictions must be made of the user's knowledge at the time of service contracting.
Article 43. When the Secretariat, on its own or at the request of the party concerned, considers that there is no effective competition between the different dealers or permissioners, it shall request the opinion of the Federal Competition Commission, so that, where appropriate, the Secretariat establishes tariff regulation bases. Such regulation shall be maintained only as long as the conditions which gave rise to it remain.
In regulation, the Secretariat may set specific rates for the provision of services, as well as adjustment mechanisms and periods of validity.
Dealers and permissioners subject to such regulation may apply to the Federal Competition Commission to issue an opinion on the application and subsistence of the such conditions.
From aircraft registration
Article 44. All civil aircraft must bear distinctive marks of their nationality and registration. The Mexican aircraft must also hold the national flag.
The nationality marks for the Mexican civil aircraft will be the following: XA, for those of service to the air transport public; XB, for the private services, and XC, for State aircraft, other than military aircraft.
Civil aircraft have the nationality of the State in which they are registered.
Article 45. The Mexican-owned or legitimate aircraft may be registered in the United States of Mexico, as well as those of foreign nationals engaged exclusively in non-commercial private air transport.
The Mexican nationality of the aircraft is acquired with the certificate of registration of the aircraft, which will be awarded once the documentation referred to the Section I of Article 47 of this Law, in the Mexican Aeronautical Registry.
Aircraft registered in another State may acquire Mexican registration, upon cancellation of the foreign registration.
Dealing with aircraft with Mexican or foreign registration, which are leased, in exchange, chartered or under any legal figure, the Secretariat will promote to the relevant authorities, the conclusion of treaties with foreign governments, with the aim of transferring or accepting in whole or in part the functions and duties which, as a State of registration, are held in respect of such aircraft.
In exceptional cases, aircraft with foreign registration, leased by dealers or permissioners, may be temporarily operated, subject to prior authorization. the Secretariat, subject to the respective regulations.
Article 46. The cancellation of the registration of an aircraft in the Mexican Aeronautical Registry will result in the loss of its Mexican nationality and may be performed in the following cases:
I. A written request from the owner or legitimate holder of the aircraft. The registration of a registered aircraft shall not be cancelled without the consent of the creditor;
II. By court order or other competent authority;
III. In case of destruction, loss or abandonment of the aircraft;
IV. Due to the deadline, dealing with provisional license plates;
V. For enrolling in another State, and
VI. For any other cause that you point out the respective regulations.
From The Mexican Aeronautical Registry
Article 47. The Mexican Aeronautical Registry is public, will be in charge of the Secretariat, and in it must be registered:
I. The documents for which the property, possession and other real rights on Mexican civil aircraft and their engines are acquired, transmitted, modified, grave or exting; as well as the lease of Mexican or Mexican aircraft. foreign;
II. Certificates of registration and airworthiness;
III. The resolution of the aeronautical authority in case of abandonment, loss, destruction, futility or final disarmament of aircraft;
IV. Concessions and permits to protect air transport service, as well as legal acts and resolutions that modify or terminate them, and
V. Insurance policies.
The respective regulations will determine the requirements for the registration, cancellations and certifications to be issued.
Of the contracts
Of Air Transport Contracts
Article 48. Air transport service contracts may refer to passengers, cargo, or mail.
Article 49. The passenger transport contract is the agreement between a dealership or permissioner and a passenger, whereby the first one is forced to move to the second, from one point of origin to one of destination, against payment of a price.
The contract must consist of a ticket or ticket, the format of which will be subject to the corresponding Mexican official standard.
Article 50. In national air transport services, passengers shall be entitled to the carriage of their baggage within the limits of weight, volume or number of passengers. Parts of the Regulation and relevant provisions, and the effect of a baggage check shall be issued. On international flights, such limits shall be fixed in accordance with the Treaties.
Article 51. For international air transport services, the air passenger transport contract shall be subject to the provisions of the treaties and to the Law.
For this type of services, the concessionaire or permissioner must require the passengers to present the official documents that accredit their legal hospitalization to the country of destination of the respective flight.
Article 52. When tickets have been issued in excess of the available capacity of the aircraft or the flight is cancelled for reasons attributable to the dealer or permit, which have as a consequence the refusal of the boarding, the own concessionaire or permissionary, at the choice of the passenger, must:
I. Reintegrate the ticket price or ticket ticket or the proportion that corresponds to the unrealized portion of the trip;
II. Offer you, with all means at your disposal, substitute transport on the first available flight and provide you with, at least and without charge, the services of telephone or cable communication to the point of destination; food in accordance with the waiting time to be measured up to boarding on another flight; accommodation at the airport or city hotel where overnight stays are required and, in the latter case, land transport to and from the airport, or
III. Transport it at the later date that suits the same passenger to the destination for which the shipment was denied.
In the cases of previous fractions I and III, the concessionaire or permissioner must also cover compensation to the affected passenger who will not be less than the Twenty-five percent of the ticket price or ticket or unrealized portion of the trip.
Article 53. Passengers will not have the rights referred to in the previous article when the carriage is free of charge, with reduced fares that do not are available to the public, or where they are not presented or made out of the time set to document boarding.
Article 54. On connecting flights, the concessionaire or permissioner shall be liable, if any, for damage to passengers and checked baggage in transit or by delay in the air transport service, if the connection is part of the contract concluded between the concessionaire or the permit and the passenger.
Article 55. The agreement between the concessionaire or the permissioner and the board member, by virtue of which, the first one, is understood by contract of freight transport. compels in front of the second, to move his goods from one point of origin to another of destination and to deliver them to his consignee, against payment of a price.
This contract must be entered in a transport document or air cargo guide, which the concessionaire or permissioner will issue to the vessel on receipt of the goods under his or her custody, the format of which shall be subject to that specified in the respective Mexican official standard.
The shipper shall be responsible for the accuracy of the declarations entered by him or his representatives in the air cargo or air cargo guide.
For international air transport services, the freight transport contract shall be subject to the provisions of the Treaties and of this Law.
Article 56. The carrier shall be entitled to retain the load until the price indicated by the transport in the transport or cargo guide is covered. air.
Article 57. The contract is understood to be a postal contract, the agreement between the concessionaire or the permit and the decentralized public body that provides the public mail service, by virtue of which, the former is obliged to the second, to move correspondence from one point of origin to another of destination, against payment of a price.
Subject to this Law, the parties shall conclude the contract of transport of the post with the modalities that would be appropriate for the efficient provision of the service.
Article 58. Dealerships or Permissionaries shall be responsible to passengers, shippers or the decentralized body referred to in the Article prior to the acts or omissions by third parties which, where appropriate, have been hired by the concessionaires themselves or by permits for the provision of the transport services.
In the rates offered by dealers or permissionaries, the costs arising from the hiring of such third parties will be included.
The aircraft chartering contract
Article 59. Aircraft chartering is the contract by which the permissioner of the provision of service to the non-regular air transport public, in their chartering character, makes available to the charterer, in exchange for payment of a particular price called freight, the total or partial capacity of one or more aircraft to carry persons, cargo or mail, one or more times or during a period determined, the chartering being reserved for the management of the crew and the technical driving of the aircraft.
Article 60. The charterer will respond exclusively to the charterer for failure to comply with the obligations agreed upon among them, and will also be responsible for the damage to persons, cargo or mail carried on their aircraft or to those caused to third parties on the surface by the aircraft, as well as by those who are caused by the approaches to which the aircraft itself intervenes.
The charterer will answer for the performance and quality of the transport, before the persons who have contracted the services in package for the offered, even when use agents or intermediaries acting on behalf of and in the name of the charterer.
From liability for damages
From damage to passengers, baggage and cargo
Article 61. The concessionaires or permissionaries of the national air transport services, will be responsible for the damages caused to the passengers, to the cargo and luggage in the transport.
In the case of passengers, it will be understood that the damage was caused in the transport, if they occur from the moment the passenger tackles the aircraft until it has come down of the same.
The dealer or permit holder will be responsible for checked baggage from the time it issues the corresponding heel until it delivers the luggage to the passenger. at the target point.
In the case of cargo, the concessionaire or permissioner shall be liable from the moment he receives the charge in his custody until he delivers it to the consignee. respective. The liability of the concessionaire or permissioner shall be interrupted when the charge is withdrawn by a competent authority.
Article 62. For damages to passengers, the right to receive compensation shall be subject to the provisions of Article 1915 of the Civil Code for the District Federal in the Common Matter and for the entire Republic in Federal Matter, except as regards the amount that will be three times as foreseen in that article. For the ranking in the payment of the compensation, the provisions of Article 501 of the Federal Labor Law will be included.
Compensation for the destruction or breakdown of carry-on baggage will be up to forty minimum wages. For the loss or breakdown of checked baggage the compensation shall be equal to the sum of seventy-five minimum wages.
Article 63. For the loss or breakdown of the load, the dealers or permissioners must cover the recipient or, failing that, the sender, an indemnity equivalent to ten minimum wages per kilogram of gross weight.
Article 64. In cases of the indemnities provided for in Articles 62 and 63 above, the concessionaire or permissioner shall not enjoy the benefit of limitation. of liability, and must cover damages caused in terms of the Civil Code for the Federal District in Common Matter and for the entire Republic in Federal Matter, if it is found that the damages were due to the same or bad faith of the own concessionaire or permissioner or its dependents or employees, or when it is not issue the ticket or ticket, the baggage check, or the air cargo or air cargo guide, as appropriate.
For the payment of the compensation, the general minimum wage in force in the Federal District will be based on the date of the damage.
Article 65. Dealerships or Permissioners will respond to the loss or damage that the load may suffer for the total price of the same, including fortuitous case or force majeure, where the user declares the corresponding value and, where applicable, covers an additional charge equivalent to the cost of the respective guarantee which he or she has agreed with the concessionaire or permit himself.
Dealers or Permissioners may agree with users on the liability for loss or damage of checked baggage, in the terms of the preceding paragraph.
Article 66. Claims for cases of loss or breakdown of the charge or checked baggage must be filed with the concessionaire or permissioner within of the following 15 days from the date of delivery or the date on which it was due. The lack of timely complaint will prevent the exercise of the corresponding actions.
For the case of cargo or checked baggage, the actions to require the payment of the indemnities shall be prescribed within ninety days from the date on which the The load or checked baggage must be delivered.
For damages to persons, the actions to require the payment of the indemnities shall be prescribed within one year from the date of the facts given to them. birth or, failing that, of the date of initiation of the journey provided for in the contract of carriage.
Article 67. Dealers or permissioners of air transport public service shall be exempt from liability for damages caused in the Following cases:
I. To passengers, for fault or inexcusable negligence of the victim, and
II. Checked baggage and cargo:
a) On the own vices of goods or products, or inappropriate packaging;
b) When the load, by its very nature, suffers damage or total or partial damage, provided they have fulfilled at the time of delivery set;
c) When the goods are transported on a written request from the sender in vehicles not suitable, provided that by the nature of those should be transported in vehicles with other characteristics, and
d) When the statements or instructions of the shipper, the consignee or the consignee are false the goods, or the holder of the transport document, in respect of handling of the load.
Article 68. Damage to persons or cargo carried on aircraft intended for commercial private air transport service shall be subject to the provisions of the Civil Code for the Federal District in Common Matter and for the entire Republic in Federal Matter.
Article 69. It shall be null and void any clause inserted in the transport contracts in order to establish liability limits below those provided for in Articles 62 and 63 above, or which establish grounds for exemption from liability other than those provided for in Article 67. The nullity of such clauses shall not imply that of the transport contract.
From damages to third parties
Article 70. When by the operation of an aircraft, by objects detached from it or by approach, damage is caused to persons or things found in the surface, the responsibility will be born by only establishing the existence of the damage and its cause.
It shall be the responsibility of the concessionaire or permissioner and, in the case of the non-commercial private air transport service, of the owner or holder of the aircraft, to cover compensation for the damage caused, in accordance with the provisions of the applicable legal provisions.
For the purposes of this chapter, an aircraft is in operation when it is in motion, which will occur in cases where:
I. Any of its services or equipment, with crew, passenger or cargo on board, is in operation;
II. Moves on the surface by its own driving force, or
III. Be in flight.
The aircraft is considered in flight from the time it starts the race for takeoff until the time the landing is completed.
Article 71. Air boarding is understood to mean any collision between two or more aircraft. In such cases, dealers or permissioners and, in the case of non-commercial private air transport, the owners or owners of aircraft, shall be jointly and severally liable for the damage caused to third parties or to third parties. property on the surface, each within the limits set out in the following article.
Those cases where damage to moving aircraft, or persons or goods on board, are also considered to be addressed by another moving aircraft, Although there is no effective collision.
Article 72. In the case of damages to persons, the corresponding compensation shall be covered in accordance with the terms set out in the first paragraph of Article 62 of the This Law. For the case of objects on the surface, the amount of compensation will be up to thirty-five thousand minimum wages.
The concessionaire or permissioner and, in the case of the non-commercial private air transport service, the owner or holder of the aircraft, shall not enjoy the benefit of limitation of liability, if it is found that the damages were due to the damage or bad faith of themselves or their dependents or employees.
Article 73. Actions to require the indemnities referred to in this section shall be prescribed in one year from the date on which the claims occurred. facts.
Article 74. Dealers or permissionaries and, in the case of non-commercial private air transport service, aircraft owners or owners, who transiting in the national airspace, shall be required to contract and maintain in force insurance covering liability for damage to passengers, cargo, checked baggage or to third parties in the operation of aircraft.
For the start of operations of an aircraft it will be a necessary requirement, the approval by the Secretariat of the insurance contract. In the case of foreign private aircraft, such accrediting must be made at the first international airport in which they land.
In terms of international air transport, insurance must comply with the provisions of the treaties.
Article 75. Damage claims must be made to the dealership or permissioner and, in the case of the private air transport service commercial, to the owner or holder of the aircraft, in accordance with the provisions of the respective regulations.
Article 76. Aircraft that overfly, land or take off on national territory, shall observe the relevant provisions of protection of the environment, particularly in relation to the type-approval of noise and the emission of pollutants. They shall also report to the Secretariat in the period and in the manner in which it determines, on the operational, technical and economic measures they have taken to comply with the environmental protection provisions.
The Secretariat shall fix the time-limits for adjustments in aircraft which, for the purposes of this Article, so require and, where appropriate, establish the guidelines for the replacement of the air fleet and for the promotion of technological improvements of aircraft and their fuels.
Article 76 Bis. The Secretariat shall establish coordination agreements or agreements with the Secretariat of the Environment and Natural Resources to promote the efficiency in airport operations and infrastructure, in order to reduce noise and pollutant emissions in air transport services.
From aircraft abandonment
Article 77. The Secretariat may make the aircraft abandonment declaratory when:
I. The owner or holder declares it to the Secretariat;
II. The aircraft remains at an airport, aerodrome or heliport ninety calendar days or more without being in direct or indirect care of its owner or holder, or
III. Carage of nationality and registration marks and it is not possible to know, by the documents on board, the name of its owner or holder and place of provenance.
In the cases of fractions II and III, prior to the declaration of abandonment, the Secretariat will publish three times in intervals of ten days each, notices in the Official Journal of the Federation and in a newspaper of the federal entity where the aircraft is located, in which in total a period of 40 days shall be granted from the first publication, in order to raise objections. After the deadline, the Secretariat, if necessary, will make the declaration of abandonment of the aircraft, passing it to the Nation and will proceed to its disposal in public auction, with the participation of the corresponding authorities and to the federary public. The resources to be obtained by the disposal of the aircraft shall be made available to the Federation's Treasury, after liquidation of the assets generated with the airport concerned.
Article 78. For aircraft abandoned in aerodromes or heliports where there is no traffic control, or sites not enabled for air operations, the aeronautical authority shall immediately give part to the competent authorities.
Chapter XV Bis
Article 78 Bis. The Secretariat shall establish a state operational security program for the management of operational security by the United Mexican States in order to achieve an optimal level of operational security performance in the civil aviation, which shall include at least the following components:
I. State operational security policy and objectives;
II. State management of operational security risks;
III. State assurance of operational security;
IV. State Promotion of Operational Security, and
V. An operational security monitoring system.
The Secretariat shall determine the optimal level of performance in terms of operational security, in accordance with the Treaties, international guidelines and applicable administrative provisions.
Article 78 Bis 1. In the field of operational security, the Secretariat shall have the following powers:
I. Manage and maintain an effective operational security monitoring system;
II. Implement, manage and maintain the state's effective operational security program to ensure optimal levels of operational security;
III. Require service providers to implement and maintain an effective operational security management system, certified in accordance with applicable Mexican official regulations and regulations;
IV. Coordinate the activities of the various organizations involved in the state operational security program;
V. Set up a mandatory incident reporting system and another voluntary reporting system, to facilitate the collection of information on actual or possible operational security deficiencies, as well as to promote facilities and services to collect, publish and disseminate operational security information and to reach agreements with individuals or government entities for the exercise of those services, in order to ensure that there is a continuous flow Data exchange on operational security between the Secretariat and the suppliers service;
VI. Conduct inspections, verifications and evaluations of the aeronautical activities of service providers;
VII. Require service providers to improve, amend, or take actions in their Operational Security Management System, when identifying deficiencies or deficiencies that pose a risk that could compromise Security operational of its activities;
VIII. Make use of a documented procedure to take appropriate corrective action to remove the causes that generated the operational Security findings, including compliance measures, to resolve the Operational Security problems detected;
IX. Ensure that the identified operational safety findings are resolved in a timely manner by means of a system to monitor and record progress, as well as the measures taken by service providers, to fix the same;
X. Include the financial resources required for the implementation of the state operational security program in your budget.
Article 78 Bis 2. The following service providers are required to implement and maintain an operational security management system, as part of the State Operational Security Program to be established by the Secretariat:
I. Concessionaires and Permissioners of Air Transport of Service to the Public;
II. The concessionaires and airport operators;
III. The decentralized agency Airports and Auxiliary Services;
IV. The administrative body unconcentrated Services to Navigation in the Mexican Air Space;
V. The permissionaries of aeronautical workshops;
VI. The type design organizations and organizations responsible for aircraft manufacturing;
VII. The air traffic service providers;
VIII. Training or training and training centres with aircraft, and
IX. Air operators of state aircraft other than military aircraft.
Article 78 Bis 3. The Operational Security Management System must include at least:
I. A process to identify actual or potential hazards to operational security and assess related risks;
II. A process for defining and applying the actions required to maintain an optimal level of operational security;
III. Provisions to continuously monitor and evaluate the suitability and effectiveness of operational security management activities on a regular basis;
IV. Provide continuous monitoring and periodic evaluation of the level of operational security achieved, and
V. Maintain the continuous improvement of the organization's overall operational security level.
Article 78 Bis 4. The Secretariat shall issue, at the request of the service providers, the certificate of the System of Operational Security Management, which is subject to being evaluated in respect of its compliance with the official Mexican standard or provision The relevant administrative authority shall, by means of the verification of its operation, aim at the review of the manual and its implementation plan, policies and operational security objectives.
Once the Secretariat has verified the implementation of the total of the phases of the implementation plan referred to in the previous paragraph, it will issue its approval, It shall be subject to the conservation of the conditions which gave rise to it, making sure that it is complied with by means of surveillance visits, at the time being able to issue the respective certificate.
Certificates, or documentation equivalent to that set out in this article, issued by foreign government or private institutions, shall be validated by the Secretariat, provided that the country complies with the standards and methods recommended by the International Civil Aviation Organization and/or Federal Aviation Administration.
Article 78 Bis 5. Information on operational security contained in the operational security management system and other processing and reporting systems, databases, schemes for the exchange of information and information recorded, comprises:
I. Records pertaining to accident and aviation incident investigations;
II. Mandatory incident notification systems;
III. Voluntary incident notification systems, and
IV. Autonotification systems, including automatic or manual data capture systems.
Article 78 Bis 6. The operational security information specified in the previous article is reserved.
Article 78 Bis 7. Information on operational security arising from the sources referred to in Article 78 Bis 4, as well as the data of persons involved in the events related to that information, shall not be provided for different purposes for Those who were collected, so that no one can be required, in connection with a judicial, administrative or disciplinary process, to provide evidence concerning operational security information provided on a voluntary basis to the Secretariat, except in the following circumstances:
I. On the express request of a competent judicial or administrative authority, which has determined that the aeronautical authority has information that might be necessary for the administration of justice, for which the authority The applicant must protect the information as reserved within the corresponding process, and
II. That a competent authority considers that, in accordance with sufficient evidence and circumstances that reasonably indicate that a given event may have been caused by intentional or grossly negligent conduct.
Article 78 Bis 8. The subjects required to implement and maintain an operational security management system may not use the information contained therein for purposes other than to seek operational security, nor in particular as a basis for taking action. measures that could affect the working conditions of their employees or use them as a disciplinary measure against them, or in retaliation for disclosing information about possible actions or omissions that the employer or other person commits.
Article 78 Bis 9. In order to promote operational security, the Secretariat has the power to conclude agreements with the air operator, the aeronautical service provider, or the aircraft equipment manufacturer, in respect of systems which are implement the collection, analysis, use and dissemination of operational security information.
Article 78 Bis 10. In order to promote operational security, the Secretariat has the power to conclude agreements with service providers regarding the collection, analysis, use and dissemination of operational security information.
Of accidents and search and rescue
Article 79. Dealerships or Permissionaries and, in the case of non-commercial private air transport service, aircraft owners or owners, must be provided with technical equipment and personnel necessary for the prevention of air accidents and incidents.
For the purposes of this Act, the following definitions shall apply:
I. Accident: any event causing death or serious injury to persons on board the aircraft or causing damage or structural damage to the aircraft, or to which the aircraft disappears or is in an inaccessible place, and
II. Incident: any event related to the use of an aircraft, which does not become an accident that affects or may affect the safety of the aircraft operations.
Article 80. The search and rescue in civil aircraft accidents is in the public interest and the authorities, owners, holders, dealers, Permits and flight crew members shall be required to participate in the actions to be carried out.
Search and rescue operations will be under the direction and control of the Secretariat, and direct costs arising from the investigation and rescue of the victims or their property shall be on behalf of the concessionaire or permissioner and, in the case of the non-commercial private air transport service, of the owner or holder of the crashed aircraft.
Article 81. The Secretariat is responsible for the investigation of accidents and incidents suffered by civil aircraft. The investigation, which will be carried out with a hearing of the interested parties, will determine the probable cause of the investigation and, where appropriate, impose the sanctions. If there is a place to do so, it shall do the facts of the knowledge of the competent authority.
Item 82. An aircraft will be considered lost, unless otherwise tested, in the following cases:
I. By statement of the concessionaire or permit and, in the case of the non-commercial private air transport service, of the owner or holder of the aircraft, and
II. When thirty days have elapsed since the date of the last official or particular news of the aircraft, their whereabouts are ignored.
The Secretariat will declare the loss and cancel the corresponding entries.
From the requisition
Article 83. In the event of a natural disaster, war, serious disturbance of public order or when there is an imminent danger to national security, peace The Federal Government may, within the country or for the national economy, make the request of the aircraft and other equipment of the public air transport services, of the necessary movable and immovable property and to dispose of it as it considers convenient. The Federal Government may also use the staff who are at the service of the company subject to the request when deemed necessary. The requisition will be maintained while the conditions that prompted it remain.
The Federal Government, except in the case of international war, will indemnify the interested parties, paying the damages to their real value. If there is no agreement on the amount of the compensation, the damages shall be fixed by experts appointed by both parties, and in the case of damages, the average of the net income in the year before the requisition shall be taken as the basis. Each of the parties shall cover half of the costs arising from the assessment.
From the verification
Article 84. The Secretariat shall verify compliance with this Law, its regulations and other applicable provisions. For this purpose, dealers or permissioners and, in the case of the non-commercial private air transport service, the owners or owners of aircraft, shall be obliged to allow access to the verifiers of the Secretariat to their facilities, to be transported in their equipment to carry out their duties in terms of this Law, their Regulations and the provisions that the Secretariat will issue to the effect, and, in general, to grant them all facilities for these purposes, to provide the Secretariat with reports with the data to enable it to know about the operation and operation of the air transport services.
For the purpose of verifying that in the provision of air transport services, the maximum security and operating conditions are guaranteed. protect the physical integrity of the users and their property, as well as third parties, the aeronautical verifiers, may carry out the verifications of the nature which is necessary in terms of the provisions laid down in the legislation in force.
And in order to ensure the proper provision of the air transport service, aeronautical verifiers, may practice verifications on specific aspects, in terms of the provisions of the relevant Regulation.
For the above case, the aeronautical verifiers will have to be accredited with a document containing the requirements required by the Federal Law of Procedure. Administrative.
The natural or moral persons who are subject to verification will cover the quotas that for this concept originate.
Article 85. The certifications of the verification units established by third parties will be valid when those units have been previously authorized by the Secretariat in terms of the provisions of the Federal Law on Metrology and Standardisation.
Article 86. The violations of the provisions of this Law committed by the concessionaire or permissioner, as they are concerned, shall be sanctioned by the Secretariat in accordance with the following:
I. Allow the aircraft to transit:
a) Without holding the marks of nationality and registration, or when they are altered or modified without authorization from the Secretariat, with a fine of five thousand to fifteen thousand minimum wages;
b) For lack of airworthiness or registration certificates, or when such documents are vanquished, with a fine of five thousand to fifteen thousand minimum wages;
c) For lack of insurance or when they are not in force, with a fine of five thousand to fifteen thousand wages minimums;
d) Manned by persons who lack the corresponding license, with a fine of five a thousand to fifteen thousand minimum wages;
e) Without the flight plan or when modified without authorization, except cause of force greater, with a fine of one thousand to eight thousand minimum wages;
f) For not taking the insurance policy or the document stating the validity of the itself, a fine of one hundred to two thousand minimum wages.
In the case of accrediting within three business days of the date of the event, that the policy a fine of one hundred to two hundred days of minimum wages will be applied;
g) Without the appropriate security instruments and relief equipment, with a fine of five hundred to five thousand minimum wages;
h) Without making use of air traffic facilities and services, radio aids, weather, telecommunications and aeronautical information, as well as dispatch and flight information, if applicable, except for cases of force majeure, with a fine of five hundred to five thousand minimum wages; and
i) For not carrying on board certificate of airworthiness or registration or copy certified by the latter, with a fine of two hundred to a thousand minimum wages;
II. Internship to the national territory a foreign aircraft or to carry a Mexican aircraft abroad, without complying with the requirements required by this Law, with a fine of two thousand to ten thousand minimum wages;
III. Operate aircraft at unauthorized airfields and airports, except for force majeure, with a fine of one thousand to eight thousand minimum wages;
IV. Get the license plate on the other state register, without having obtained the cancellation of Mexican registration, with a fine of one thousand to eight thousand minimum wages;
V. When in a negligent manner the Secretariat's knowledge is not made of incidents or accidents that have occurred to its aircraft, except for the cause of force majeure, with a fine of one thousand to eight thousand minimum wages;
VI. Prevent transit or circulation in aerodromes, airports and heliports for reasons attributable to it, with a fine of one thousand to five thousand minimum wages;
VII. Refuse to participate in search and rescue operations, except for force majeure, with a fine of one thousand to five thousand minimum wages, and
VIII. Practice cabotage on national territory, being a foreign permit for air transport services, with a fine of ten thousand to twenty-five thousand minimum wages.
When cabotage is detected by the aeronautical authority at the time it is being committed or within the next twenty-four hours of being committed, the said authority may decree the insurance of the aircraft, given the imminent risk that the foreign permit will carry out any maneuver aimed at evading the imposition of the sanction, for which, the commander of the airport, must raise circumstantial minutes in which it specifies the reasons for make it.
Such assurance shall be without effect if the aeronautical authority does not issue the relevant resolution within 60 working days of the date of the minutes referred to in the preceding paragraph are lifted, or if the infringer ensures by any means established in the applicable legislation, that he is subject to the procedure laid down against him.
The costs incurred in securing the aircraft shall be borne by the foreign permit holder, unless the authority resolves that it did not commit the cabotage.
Article 86 Bis. The infringements referred to in the previous article, committed in the case of the non-commercial private air transport service, by the owner or holder of the aircraft, will be sanctioned by the Secretariat with a fine of one hundred to a thousand minimum wages.
Article 87. The following penalties shall be imposed on the dealers or permissionaries of service to the air transport public:
I. Do not have valid concession or permission, fine of eight thousand to ten thousand minimum wages;
II. Carry out the national air transport service, in the case of foreign air transport service companies, fine of eight thousand to ten thousand minimum wages;
III. When on the occasion of a simple transit flight, passengers and cargo are shipped or disembarkation, in the case of foreign service companies air transport, fine of five thousand to ten thousand minimum wages;
IV. Do not follow the aircrafts or do not use the airports that have been flagged in the respective flight plan, except fortuitous or force majeure, fine from two thousand to ten thousand minimum wages;
V. Do not give notice to the Secretariat of the routes that stops operating, in the terms of Article 22 of this Law, a fine of three thousand to five thousand minimum wages;
VI. Sell, in direct form, aerial portions in the case of chartering air transport services, fine of one thousand to five thousand minimum wages;
VII. Refuse to provide services, without justified cause, fine of one thousand to five thousand minimum wages;
VIII. Do not carry out the preservation and maintenance of your aircraft and other goods that relate to the safety and efficiency of the service, five hundred to five thousand minimum wages;
IX. Do not apply registered fees, fine of five hundred to five thousand minimum wages;
X. Do not operate authorized routes within the time limits provided for in this Law, fine of five hundred to five thousand minimum wages;
XI. Do not provide the information requested by the Secretariat, within the time limits set by the Secretariat, a fine of three hundred to three thousand minimum wages, and
XII. Not subject to itineraries, flight frequencies and authorized schedules, fine of two hundred to one thousand minimum wages.
Article 88. The commander or pilot of any civil aircraft shall be punished for:
I. Allow any person who is not a member of the flight crew to take part in the operations of the aircraft controls, except for force majeure, fine of two thousand to five thousand minimum wages;
II. Transporting weapons, dangerous, flammable, explosive and other similar items, without proper authorization, fine of one thousand to five thousand salaries minimums;
III. Do not land at international airports authorized in cases of flights from hospitalization to the national territory, except for force majeure, fine a thousand to five thousand minimum wages;
IV. Transporting dead bodies or persons who, by the nature of their disease, present a risk to other passengers, without the corresponding authorization, fine from a thousand to five thousand minimum wages;
V. Abandon the aircraft, crew, passengers, cargo and other effects, rather than the terminal of the flight and without justified cause, five hundred to five thousand minimum wages;
VI. Perform acrobatic, rasping or exhibition flights in prohibited places, fine of five hundred to five thousand minimum wages;
VII. Tripular the unlicensed aircraft, fine of five hundred to five thousand minimum wages. In the event of accrediting within three working days of the date of the event, which was licensed in force, a fine of one hundred to two hundred days of minimum wages shall be applied;
VIII. Disobeying orders or instructions you receive regarding air traffic, except for force majeure, fine of five hundred to five thousand minimum wages;
IX. Start the flight without verifying the validity of the certificate of airworthiness, the flight crew's licenses and the aircraft holds the marks of nationality and registration, fines of three hundred to three thousand minimum wages;
X. Operate the aircraft in a negligent manner or outside the limits and parameters set by the manufacturer of the aircraft, without any justified cause, fine of three hundred to three thousand minimum wages;
XI. Do not inform the Secretariat or the nearest airport commander, in the case of incidents or air accidents, within forty-eight hours next to their knowledge, a fine of three hundred to three thousand minimum wages;
XII. Do not use during the operation of the aircraft the services and facilities of aids to air navigation; if applicable, fine of three hundred at three thousand minimum wages;
XIII. Perform demonstration flights, technical or instructional tests, without the respective authorization, fine of three hundred to three thousand salaries minimums;
XIV. Fly over prohibited, restricted or dangerous zones, without authorization from the Secretariat, fine of two thousand minimum wages;
XV. Arrange or tolerate unnecessarily thrown from the aircraft in flight, objects or ballast, fine from two hundred to two thousand minimum wages;
XVI. Refuse to participate in search or rescue operations, except for force majeure, fine of two thousand minimum wages, and
XVII. Perform or allow boarding of the in-flight aircraft, aerofotographic or aero-topographic schedules without the corresponding permission, in the Case of tripular a foreign civil aircraft, fine of two thousand minimum wages.
Article 88 Bis. For the failure to comply with this Law, its regulations and other applicable provisions regarding the implementation of the System of Management of Operational Security by the service providers, will be suspended or revoked the corresponding certificate, taking into account the severity of the infringement.
Article 89. Any other violation of this Law or its regulations that is not expressly provided for in this Chapter shall be sanctioned by the Secretariat with a fine from two hundred to five thousand days minimum wage.
In the event of recidivism, the Secretariat may impose a penalty equal to twice the amount indicated.
For the purposes of this Chapter, the minimum wage, the general daily minimum wage in force in the Federal District at the time of the infringement, is understood.
Article 90. The license will be revoked from the commander of the aircraft that is drunk or under the influence of narcotic, psychotropic or (a) whether or not to allow a flight crew member to participate in operations in that state or under such effects, or when carrying out acts or omissions that serve the commission of crimes of smuggling and illegal trafficking of persons, drugs and weapons. The same sanction shall be imposed on any flight crew member, who is in the same case.
Article 91. To declare the revocation of concessions, permits and licenses; suspension of services; the imposition of the penalties provided for in this Law; as well as For the interposition of the administrative review facility, the provisions of the Federal Administrative Procedure Law shall be provided.
Article 92. The penalties referred to in this Chapter shall apply without prejudice to the resulting civil or criminal liability, or to the revocation that proceed.
FIRST.- This Law will take effect the day after its publication in the Official Journal of the Federation.
SECOND.- Articles 1., fraction VIII; 9o, fractions II and VI; 306 to 326; 329 to 370; 371, fraction I, points (a) and (d), fractions II and III and the Last and last paragraph; 372 and 373; 542; 546; 555 to 558; 562 to 564, and 568 to 570, to the General Notice of Communication Act, as well as to other provisions that are contrary to this Law.
The regulatory and administrative provisions in force will continue to be implemented as long as the new regulations are issued, except as far as the present regulations are concerned. Law.
THIRD.- Violations committed prior to the entry into force of this Law shall be sanctioned and processed in accordance with the provisions of this Law. at the time they were committed.
FOURTH.- The concessions and permits granted prior to the entry into force of this Law, shall be respected in their terms, without prejudice to their Holders choose to make use of this Law.
As far as the pending permits are concerned, the provisions of this Law will be in place.
The obtaining of permits, as long as the respective regulations are issued, will be subject to the provisions in force, in which they do not object to this Law.
Mexico, D.F., at 28 April 1995.-Dip. Florentino Castro López, President.-Sen. Martha Lara Alatorre, President.-Dip. Fernando Flores Gómez González, Secretary.-Sen. Antonio Manriquez Guluarte, Secretary.-Rubicas.
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, ten days of the month of May of a thousand nine hundred and ninety-five.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Esteban Moctezuma Barragan.-Heading.