Roberta Aguirre
Landing rights are the permissions granted by airport authorities for flights from foreign sources to land at a particular airport. These rights are important intangible assets for airline operators, as they can be recognised, identified, and economically valued. In the US, landing rights airports are governed by 19 CFR § 122.14, which outlines the requirements for aircraft to obtain landing rights, as well as the reasons for denial or withdrawal of these rights. For instance, permission to land may be denied if the requesting entity has a history of non-compliance with CBP instructions or if there are safety concerns. Appeals against the denial or withdrawal of landing rights can be made to the Assistant Commissioner of the Office of Field Operations.
| Characteristics | Values |
|---|---|
| Definition | Landing rights are the permission granted by an airport authority for flights from foreign sources to land scheduled or non-scheduled flights. |
| Permission | Pilots of private aircraft are required to secure permission to land from Customs and Border Protection (CBP). |
| Appeal | If landing rights are denied or withdrawn, a written appeal can be made to the Assistant Commissioner, Office of Field Operations, Headquarters. |
| Exceptions | Permission to land is not required for emergency or forced landings. |
| Denial or withdrawal reasons | Landing rights may be denied or withdrawn due to unavailable government personnel, non-compliance with safety regulations, or if it is not in the best interests of the government. |
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What You'll Learn
- Landing rights are permissions granted by airport authorities for foreign flights to land
- Private aircraft must secure permission to land from CBP
- Permission to land may be denied or withdrawn for several reasons
- An appeal can be made if landing rights are denied or withdrawn
- Emergency or forced landings do not require permission to land
Landing rights are permissions granted by airport authorities for foreign flights to land
In the United States, for example, the granting of landing rights is regulated by the Customs and Border Protection (CBP). For private aircraft, pilots are required to secure permission to land from the CBP by transmitting an advance notice of arrival through an approved electronic data interchange system. The CBP will then send a message granting landing rights at a specific airport before the aircraft departs from a foreign port.
For other types of aircraft, the process may involve providing advance notice of arrival and receiving permission from the director of the port of entry or the nearest station to the first place of landing. However, it is important to note that landing rights may be denied or withdrawn for various reasons, including safety and security concerns, non-compliance with regulations, or if it is deemed not in the best interests of the government.
In cases where landing rights are denied or withdrawn, there is typically an appeal process in place. For example, in the US, an affected party can file a written appeal with the Assistant Commissioner of the Office of Field Operations, Headquarters. This process ensures that airline operators have a mechanism to resolve disputes or address unforeseen circumstances.
Overall, landing rights play a crucial role in international aviation by facilitating the operation of foreign flights and ensuring compliance with safety, security, and regulatory requirements. They are a valuable asset for airline operators and are subject to the regulations and discretion of airport authorities and relevant government agencies.
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Private aircraft must secure permission to land from CBP
A landing rights airport is any airport, other than an international airport or user fee airport, at which flights from a foreign area are given permission by Customs to land. Landing rights are the permission granted by an airport authority for flights from foreign sources to land scheduled flights, non-scheduled flights, or additional flights.
Private aircraft are required to secure permission to land from CBP (US Customs and Border Protection) following the transmission of the advance notice of arrival. This must be done via an electronic data interchange system approved by CBP. Before departure, the pilot of a private aircraft must receive a message from CBP confirming that landing rights have been granted for that aircraft at a particular airport. This is only necessary for flights inbound from an out-of-country origin.
For ALL international arrivals at ALL airports, pilots must contact the responsible CBP port of arrival directly to secure permission to land. This is to ensure understanding and compliance with local procedures and port capacities. If changes are made to an already transmitted APIS manifest, pilots are responsible for updating CBP. Changes to tail numbers and/or traveler additions or substitutions require direct confirmation or reconfirmation of CBP permission to land.
Permission to land may be denied or withdrawn for a number of reasons, including:
- The unavailability of appropriate/sufficient Federal Government personnel or inspectional facilities/equipment.
- Failure to abide by the instructions of a Customs officer.
- Advance cargo information has not been received.
- Reasonable grounds to believe that Federal rules and regulations pertaining to safety, security, and Customs may not be followed.
- The granting of landing rights would not be in the best interests of the Government.
In the event that landing rights are denied or withdrawn, a written appeal can be made to the Assistant Commissioner, Office of Field Operations, Headquarters.
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Permission to land may be denied or withdrawn for several reasons
Landing rights refer to the permission granted by airport authorities for flights from foreign sources to land at a particular airport. This can include scheduled flights, non-scheduled flights, and additional flights, and it applies to both international airports and user fee airports.
Another reason for denial could be the entity requesting landing rights having a history of non-compliance with instructions given by Customs and Border Protection (CBP) officers. This could include previous instances of disregarding safety regulations, providing incorrect information, or failing to follow proper procedures. Additionally, permission to land may be denied if there are reasonable grounds to believe that Federal rules and regulations pertaining to safety and security will not be adhered to. This could involve concerns about the aircraft's maintenance, the security of its cargo, or the compliance of its crew and passengers with Customs requirements.
Lastly, landing rights may be denied if granting them would conflict with the best interests of the government. This could include situations where there are national security concerns, diplomatic considerations, or other strategic priorities that outweigh the benefits of granting landing rights. In such cases, the decision is made at the discretion of the relevant authorities, taking into account the specific circumstances and information available at the time.
It is important to note that, in the event of a denial or withdrawal of landing rights, the affected party has the right to appeal the decision. This process typically involves filing a written appeal with the Assistant Commissioner of the Office of Field Operations within a specified timeframe, allowing for the presentation of additional information or evidence to support the request for landing rights.
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An appeal can be made if landing rights are denied or withdrawn
Landing rights refer to the permission granted by airport authorities for flights from foreign sources to land scheduled or non-scheduled flights. Landing rights are important intangible assets for airline operators, as they can be recognised, identified, and their economic value can be accurately measured.
Permission to land at a landing rights airport may be denied or withdrawn for several reasons. These include:
- Inadequate availability of appropriate and/or sufficient Federal Government personnel.
- Lack of proper inspectional facilities or equipment at the requested airport.
- Non-compliance by the entity requesting services with instructions from a Customs officer.
- Failure to provide advance cargo information as required.
- Reasonable grounds to believe that Federal rules and regulations pertaining to safety, security, and Customs may not be followed.
- Granting landing rights is not in the best interests of the Government.
If landing rights are denied or withdrawn, an appeal can be made. In the case of denial or permanent withdrawal of landing rights, the affected party has the right to file a written appeal within 30 days of the decision. This appeal should be addressed to the Assistant Commissioner at the Office of Field Operations, Headquarters.
It is important to note that emergency or forced landings do not require permission to land, and such landings are covered separately under relevant regulations.
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Emergency or forced landings do not require permission to land
Landing rights are the permissions granted by airport authorities for flights from foreign sources to land scheduled flights, non-scheduled flights, or additional flights other than at an international airport or user fee airport. Permission to land at a landing rights airport may be denied or withdrawn for a variety of reasons, including the unavailability of appropriate federal government personnel, inspection facilities, or equipment.
In the case of emergency or forced landings, however, permission to land is not required. While regulations may differ based on jurisdiction, emergency landings are generally exempted from the need for prior authorization. For example, in the United States, Title 14 of the Code of Federal Regulations, known as the Federal Aviation Regulations (FARs), grants pilots the authority to deviate from any flight rule necessary to address an emergency. This includes landing on roads, fields, or other suitable areas.
When facing an emergency, pilots must make quick decisions to minimize potential fatalities and injuries. In such situations, the primary focus is on ensuring the safety of the aircraft, passengers, and those on the ground. While there may be laws prohibiting aircraft landings in certain areas, these regulations are often waived in emergency situations.
During an emergency landing, assessing wind direction, speed, and the selected site's length and slope are crucial. A clear approach zone is often prioritized over finding a perfect touchdown area. Slowing down is generally safer, as excess speed can result in higher impact energy during landing. While psychological factors cannot be overlooked, accepting and dealing with the emergency at hand is vital.
In summary, while landing rights airports typically require permission for aircraft to land, emergency or forced landings are exempt from this requirement. Pilots are authorized to make the necessary decisions to ensure the safety of everyone involved, and regulations governing aircraft landings may be set aside in such exceptional circumstances.
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Frequently asked questions
Landing rights are the permissions granted by airport authorities for flights from foreign sources to land at a particular airport.
Landing rights may be granted to scheduled airlines that hold a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity, issued by the Department of Transportation.
Yes, landing rights may be denied or withdrawn for various reasons, including insufficient Federal Government personnel, lack of proper inspection facilities, non-compliance with safety regulations, or if it is not in the best interests of the government.
In the event that landing rights are denied or withdrawn, the affected party may file a written appeal with the Assistant Commissioner, Office of Field Operations, Headquarters within 30 days of the decision.
