Cabotage and Aviation Rules Relating to Cabotage on
International FlightsThe overall purpose of Cabotage rules are to
prohibit foreign aircraft from one country traveling into another
country and picking up foreign nationals or citizens of the other
foreign country and providing transportation to and between points
within that foreign country.Cabotage is defined as a
non-remunerated not-for-hire flight between two points within a
foreign country, carrying residents whose travel begins and ends in
that country. Cabotage in the traditional sense; i.e., for hire, is
almost universally prohibited.The Standard Dictionary of the
English language defines Cabotage (for flight purposes) as "air
transport of passengers and goods within the same national
territory." The definition adopted by International Civil Aviation
Organization [ICAO] at the Chicago Convention is, "Each state shall
have the right to refuse permission to the aircraft of other
contracting states to take on its territory passengers, mail, and
cargo destined for another point within its territory.
Private pilots and commercial operators should understand
"Cabotage," formally defined as "air transport of passengers and
goods within the same national territory." The definition adopted
by ICAO at the Chicago Convention is, "Each state shall have the
right to refuse permission to the aircraft of other contracting
states to take on its territory passengers, mail, and cargo
destined for another point within its territory." Although Cabotage
rules are different in various countries and usually incorporate
the term "for hire," some countries do not allow even non-revenue
passengers to be carried by a foreign aircraft within their
boundaries. The restrictions range from no restrictions as in
Italy, to not allowed, as in Pakistan. The fines for Cabotage can
be extremely high; therefore, pilots and flight departments should
be absolutely sure of a country's Cabotage rules before carrying
passengers. The Cabotage requirements and restrictions of
individual countries are listed in the corporate aircraft
restraints section for each country in the IFIM. Refer to Chapter
II, Article 7 of the Chicago Convention.In the United States any
required exemption for approval of any foreign carrier or aircraft,
(private, corporate or other), such approval is issued by the U.S.
Department of Transportation under 49 U.S.C. 49109(g).As defined by
the Department of Transportation (DOT) Office of Legal Counsel, a
senior attorney states Airline Cabotage is the carriage of air
traffic that originates and terminates within the boundaries of a
given country by an air carrier of another country. Rights to such
traffic are usually entirely denied or severely restricted. Under
49 U.S.C. section 40109(g), the DOT may authorize a foreign air
carrier to carry commercial traffic between U.S. points (i.e.,
cabotage traffic) under limited circumstances. Specifically, the
DOT must find that the authority is required in the public
interest; that because of an emergency created by unusual
circumstances not arising in the normal course of business the
traffic cannot be accommodated by U.S. carriers holding
certificates under 49 U.S.C. section 41102; that all possible
efforts have been made to place the traffic on U.S. carriers; and
that the transportation is necessary to avoid undue hardship to the
traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, is not relevant
here). For further information on interpretation of this
requirement, contact the Office of International Law, Office of
General Counsel, 202-366-2972,[email protected], 400 7th
Street SW, Washington, DC 20590.The Customs authorities of foreign
countries, including Customs & Border Protection in the U.S.
will not permit Cabotage and under the Customs Regulations have
their own enforcement rules on Cabotage and in most actions as in
Europe (EU) and Canada, aircraft can be seized if it is determined
Cabotage violations have occurred. An example in Canada Customs
rules is under no circumstances may a foreign non-tax-paid aircraft
enter Canada for the sole purpose of carrying passengers or goods
point-to-point in Canada.Cabotage rules in all foreign countries
are not all or only aviation related, but are revenue in general
and various other Government Agencies regulations apply. Commercial
transportation is not limited to airlines or charter companies
charging for transportation services. But can include flights of
any kind on any aircraft which transport persons, cargo or
virtually anything for the commercial good of an industry or
business.February 26, 2008
Cabotage is the transport of goods or passengers between two
points in the same country by an aircraft registered in another
country. The application of this regulation varies from country to
country and changes from time to time. Penalties for cabotage
violations range from fines, to payment of all applicable duties
and taxes, to seizure of aircraft. As best practice, business jet
operators should routinely verify cabotage restrictions before all
international flights. The following are some examples of cabotage
regulations and how to avoid issues arising from them:1. Cabotage
Regulations in the European Union (E.U.)To transport E.U. nationals
within the E.U., private non-revenue operators have the option of
importing their aircraft. However, the expenses to do this have
changed from a standard nominal fee to paying a fee equal to a
percentage of the value of the aircraft. For charter (non-scheduled
commercial) flights, your landing permit gives you permission to
operate the approved schedule. The U.K., France, Germany, and Italy
have been more stringent on application of cabotage for charter
(non-scheduled commercial) aircraft and may deny permits (at the
discretion of the appropriate Civil Aviation Authority [CAA]).2.
Cabotage Regulations in AfricaCabotage regulations and enforcement
vary by country. Cabotage is an issue in South Africa, and private
non-revenue operators should carry a letter of declaration from the
owner to prove the flight is not for hire. Landing permits are
required for charter (non-scheduled commercial) operations, with
crew and passenger lists required per flight leg. Cabotage is
generally prohibited in Mozambique.3. Cabotage Regulations in the
Middle EastCabotage regulations vary throughout the region. In
Kuwait, cabotage is strictly prohibited. On the other hand, there
are currently no cabotage issues in Saudi Arabia.4. Cabotage
Regulations in AsiaChina does not permit cabotage, and the CAA
restrictions apply to both private non-revenue and charter
(non-scheduled commercial) flights. India lacks clear regulations
on cabotage. There are generally no problems picking up and flying
Indian nationals within the country, but this may change at a
moments notice. For this reason, we recommend that you speak to
your 3rd-party provider about cabotage restrictions for every
flight.5. Cabotage Regulations in AustraliaCabotage is only an
issue for charter (non-scheduled commercial) operators. Permission
for cabotage must be requested through CAA Australia, and this is
done via the landing-permit process.6. Cabotage Regulations in
Central and Latin AmericaEach country in Latin America has its own
cabotage restrictions. For example, in Mexico, private non-revenue
operators must carry a letter on company letterhead explaining the
relationship between the passengers and the company. Mexico has
very stringent cabotage regulations and only allows charter
(non-scheduled commercial) operators to make one stop within the
country. Exceptions include a technical fuel stop or a mandated
stop inCozumel (MMCZ)orTapachula (MMTP)when arriving from the south
or the Caribbean. On the other hand, Brazil only subjects scheduled
commercial operators to cabotage regulations.7. Cabotage
Regulations in North AmericaCabotage rules in Canada require
special attention. Non-Canadian registered charter operators are
prohibited from carrying local traffic regardless of nationality
between two points in Canada. The only exception to the rule for
U.S. operators is if passengers originated from a departure point
outside of Canada and are carried or dropped off in Canada. In that
case, they will be allowed to proceed within Canada, but they
cannot pick up anyone unless the last stop is departing outside of
Canada. Contact your 3rd-party provider for information on other
aircraft-operator nationalities.There are no cabotage restrictions
for private non-revenue operations as long as the owner, a guest of
the owner, or employees are onboard and arent paying for the
flight.ConclusionIts the exclusive right of a country to control
use of its airspace. Whether you use a 3rd-party provider or do the
research on your own, it is important to know the rules related to
cabotage in all regions youre operating to.
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