Aviacsa and Mexico's DGAC civil aviation authority are locked in a complex legal battle over alleged safety violations that have prompted the US Federal Aviation Administration to at least temporarily ban the Mexican carrier from serving the USA.
The battle began on 2 June when the DGAC grounded Aviacsa, claiming 25 of its Boeing 737s were not airworthy. But the carrier was able to resume operations on 6 June despite the vehement objections of the DGAC after securing a controversial court order.
On 11 June the DGAC regrounded Aviacsa, claiming the original court order was no longer valid and the alleged safety violations had yet to be resolved. But this grounding lasted less than 24h, as on 12 June Aviacsa secured an order from another court authorising operations to resume.
Meanwhile, the FAA decided on 12 June it had substantial information to revoke Aviacsa's "operations specifications", citing the safety violations first identified by the DGAC in the original grounding order.
"Our top concern is safety and we are following the lead of the DGAC, which has determined that there are significant problems with Aviacsa's operation," the FAA says. "I anticipate that until the carrier fixes those problems, and the DGAC signs off on the fixes, we will not allow Aviacsa to fly into the USA."
Other Mexican carriers are concerned that Mexico's failure to keep Aviacsa from flying domestically despite safety violations could lead to the country being downgraded under the FAA's international aviation safety assessment (IASA) programme due to non-compliance with International Civil Aviation Organisation safety standards. According to ICAO rules, countries need to establish civil aviation administrations that have "the necessary powers to ensure compliance with the aviation regulations".
The chief executive of Mexican carrier Interjet, Luis Garza, says a possible IASA downgrade, which would prevent Interjet from launching services to the USA, is "absolutely my concern". He adds: "It has severe implications for the whole industry. The government has a mandate to oversee safety. That is not renounceable. They have to enforce it somehow."
But at least for now the FAA is not considering a downgrade, saying it "doesn't think it can indict a country's entire aviation safety system based on one court ruling".
The case could drag on for months as it works its way up the courts, potentially ending up in Mexico's Supreme Court. If Aviacsa wins the case and is able to indefinitely continue operating over DGAC objections, questions about Mexico's long-term ability to enforce its own aviation regulations are likely to be raised.
"It demands a very serious examination," Garza says. "In principle when I see something from the authorities I have no reason to doubt that. The situation needs to be clarified very soon."
Mexico's Secretary of Communications and Transportation (SCT), which oversees the DGAC, says it will continue to fight for its right to implement the grounding order. It claims it has the responsibility to take whatever steps are necessary to ensure the public's safety and has warned that it cannot currently guarantee the safety of Aviacsa's aircraft.
But Aviacsa planning director Manuel Cung says the alleged violations, which the DGAC has not yet detailed, are minor and do not affect the airworthiness of its aircraft. While Aviacsa fights the DGAC in court, claiming the grounding order is not necessary and the carrier is being unfairly singled out, Cung says Aviacsa is working with the DGAC to resolve the issues that have been raised and with the FAA to regain its US operating permit. "We expect to finish this chapter and focus on our operation," Cung says.
Aviacsa claims repeated attempts to ground the carrier, which date to last August when the SCT tried to ground Aviacsa over unpaid aeronautical charges, are politically driven as larger Mexican carriers push for consolidation in the oversaturated and unprofitable domestic market. Aviacsa, which has a fleet of 23 Boeing 737-200s and three 737-300s, has about a 10% share of the domestic market. It operates one international route, connecting Monterrey with Las Vegas.
The FAA says Aviacsa's FAA Part 145 repair station certificates has not been affected and the carrier is authorised to continue working on US-registered aircraft at its heavy maintenance shop in Mexico City and US-certificated products at its avionics shop in Monterrey.
Source: Flight International
