What Is Cabotage in Private Aviation? Why It Limits Some Flights

Cabotage means a foreign operator cannot always carry paying passengers between two cities in the same country. Each country sets its own rules, so a foreign charter jet may not be allowed to fly a domestic leg for hire.

What cabotage means

In aviation, cabotage is when an aircraft or operator from one country carries paying passengers or cargo between two points inside another country. Article 7 of the Chicago Convention gives every country the right to refuse this. It lets a state say no to aircraft of other countries taking on in its territory passengers, mail, or cargo for pay that are bound for another point inside the same territory. So the answer depends on where you fly.

Cabotage in the United States

In the United States, the air cabotage law is 49 U.S.C. 41703. It says a foreign aircraft may carry for compensation between two points in the United States only if it is specifically authorized, or under rules that let US air carriers use foreign registered aircraft leased to them without crew. The customs rule 19 CFR 122.165 says this law prohibits the transportation of persons, property, or mail for compensation or hire between points in the United States in a foreign civil aircraft. Customs officers report possible violations.

The US Department of Transportation rules in 14 CFR Part 375 also define what counts as a foreign civil aircraft. It includes an aircraft of foreign registry that is not military. It also includes a US registered aircraft that is owned, controlled, or operated by persons who are not citizens or permanent residents of the United States. This means a US tail number alone does not settle the question.

There is a way to ask for a specific approval for a flight or a series of flights. Under 14 CFR 375.70, a person can ask the Department of Transportation for a special authorization for a flight that the rules do not otherwise allow. The Department may grant it only if the flight is consistent with the law, the applicant's home country gives a similar privilege to US operators, and the flight is in the public interest of the United States.

The US cabotage law focuses on carriage for compensation or hire. A truly private flight, where nobody pays for the transport, is treated differently. Whether a flight counts as private depends on the facts. The operator or an aviation lawyer should confirm it.

Here is a plain example. A jet registered and operated from outside the United States generally cannot pick up new paying passengers in New York and fly them to Miami. Multi-stop trips have detailed rules, so the operator must check each leg before it sells the trip.

Europe and the United Kingdom

Within the European Union, Article 15 of Regulation (EC) No 1008/2008 gives air carriers that hold an EU operating licence the right to operate air services within the EU. Member states may not ask those carriers for a permit or authorisation for such flights. In practice, a charter operator licensed in one EU country can fly paying passengers between two points in another EU country. Operators from outside the EU do not get this right from the regulation.

In the United Kingdom, the Civil Aviation Authority says all non-UK air carriers, including EU carriers, must hold a Foreign Carrier Permit before flying commercial services to, from, or within the UK. The CAA also says private flights do not need this permit.

Cabotage is not the same as permits to enter airspace

Cabotage is different from overflight and landing permits. Those permits let you enter a country or land, but they do not give the right to carry paying passengers on domestic legs. If you want a quick refresher, see our guide to overflight and landing permits.

What this means when you book a flight

The operator is the one who must follow cabotage rules. A good charter broker checks this before sending you a quote. If a domestic leg is not allowed for a foreign operator, you may need a locally certified operator for that part. Even if a foreign jet is already parked at your airport, it may not be able to sell you a domestic hop for hire.

Ask who will operate the flight. Learn the difference between a broker and an operator. Also ask to see the operator's licence. Read what an air operator certificate is.

Cabotage also affects cost. If a foreign jet cannot carry you on a domestic leg, you might switch to a local aircraft. A locally based aircraft can mean a shorter positioning flight, or none. For background, see our primer on positioning flights. One expert tip we like, from our interview with Enzo Viardot, Co-Founder and COO of charter broker Elysium Jet and a Falcon 900 pilot, is to pick a jet based at one end of your route when you can. This can cut the empty flights you pay for. You can read more in our New York to Dubai by private jet interview.

Quick comparison

Area	Who may carry paying passengers on domestic legs	Notes
United States	Generally US carriers, unless a specific authorization applies	49 U.S.C. 41703 and 19 CFR 122.165 apply. DOT special authorization may be possible. Private flights treated differently. A US tail number alone does not decide status.
European Union	EU-licensed carriers across member states	Regulation (EC) No 1008/2008 gives this right within the EU. Operators from outside the EU do not get this right from the regulation.
United Kingdom	Non-UK carriers need a Foreign Carrier Permit for commercial services	Permit covers to, from, or within the UK. Private flights do not need this permit.

Checklist to ask your provider

• Is every leg of this trip allowed under cabotage rules in the countries involved?
• Are you the operator or a broker for this trip? If a broker, which operator will fly it?
• What is the operator's AOC and home country, and does that affect any domestic legs?
• Will any leg be a private, noncommercial flight? If so, how will you document that?
• Do you need a special authorization for any leg, and have you confirmed it in writing?
• If a domestic leg is not allowed, what is the plan to use a local operator?
• Can you offer an aircraft based at one end to reduce or avoid positioning flights?
• How will you handle changes to the route so we do not create a cabotage problem?

Sources: ICAO Convention on International Civil Aviation (Article 7); US 49 U.S.C. 41703; 19 CFR 122.165; 14 CFR Part 375; Regulation (EC) No 1008/2008; UK Civil Aviation Authority foreign carrier permit guidance.

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