Pilots Challenge Volaris Foreign Crew Approval in Mexico

The president of the College of Mexican Aviator Pilots (CPAM), Ángel Domínguez, stated that the authority itself is breaking the legislation it used this morning to justify the authorization for Volaris to use foreign crews on domestic flights during the high season in December.

“We would not understand when it is convenient for us to use the Chicago Convention, the Aviation Law; it is not about making a recipe for the concessionaire to get its way,” said Domínguez in an exclusive interview with El Financiero.

This morning, the Federal Civil Aviation Agency (AFAC) issued an informational card in which, citing a series of articles from international and national legislation, it tried to justify the entry of foreign crews into the country to operate domestic flights.

According to an analysis by CPAM, Article 82 bis of the Chicago Convention, which sets international aviation regulations and of which Mexico is a signatory, establishes that once aircraft become part of an operator and are allowed to enter to perform flights in a certain state, they become part of that nation’s commercial air fleet, and therefore must adhere to the current laws.

In this sense, the aircraft that will come from Malta and Lithuania to operate Volaris routes in Mexico must function under what Article 32 of the Constitution states, which specifies that only Mexicans by birth can crew aircraft in national territory.

“The Mexican legislation must be complied with, the civil aviation law, the same circular, which say, leases can be made, but they must be crewed by Mexicans. AFAC gives us reason; the Mexican law just needs to be enforced.

The Mexican authority indicated that the authorization was given to avoid harm to 200,000 passengers, but Domínguez questioned whether the airline did not know in advance that it would have to ground a series of aircraft due to problems with P&W engines, which have forced airlines to reduce their supply for a couple of years.

The president of CPAM said that Mexico does not have bilateral aviation agreements with Malta or Lithuania, so the legislation must be respected, as only pilots born in national territory can fly on national routes.