Sal's Law
B.D.@ KLAL: I’m planning to fly to Canada this Summer and have been reading up on the new rules with regard to filing with U.S. Customs. If I understand it correctly, I am going to need to have access to a computer to file the proper forms. But what if I do not have such access?
Sal’s Law: Starting in December 2008, the US Customs and Border Patrol (CBP) now requires what they have dubbed an Advance Passenger Information System manifest. These manifests must now be transmitted electronically by computer and list every passenger in your aircraft who is arriving to, or departing from a foreign country. Of course the CBP came up with a wonderful acronym for this new requirement as eAPIS or Electronic APIS. The idea for the system is to give CBP enough information to check passengers against the “watch list”.
The first step for pilots is to set up an account on the CBP web site. They will ask for your email address, which will serve not only as identification but also as a repository for the filing of receipts.
To file via eAPIS you must then submit the passenger information through a form, which can also be found, on the CBP web site, www.cbp.gov. This manifest transmission will also serve as your notice of arrival or departure, or both if you are flying around in circles. It is a good idea to print the electronic form after transmitting so that you can prove your compliance if it should get lost in cyber land. When they receive your form, the CBP will immediately generate an email to the account in the pilot’s name. You want to carry this email with you as proof positive of filing. There are sveral time requirements for these transmittals. For flights destined to the United States you send the web form no later than 60 minutes prior to departure from the foreign country. For flights departing the U.S., no later than 60 minutes prior to departure from the United States airport.
So back to BD’s question; what if there is no computer available to you? Telephone filing is not allowed and while most FBO’s will give you free access to the internet for flight planning and eAPIS use, there is another option available to you. The Customs and Border Patrol agency is currently clearing numerous third party providers who will file the form for you. Once again you can go to the Customs web site and find several providers that have already been approved by CBP, and for a small fee, the vendor will submit all of the above forms for you. More third party vendors are on the way as time goes on. Remember, however to verify that the APIS notification has been made or you could find yourself becoming a guest of those fine folks at CBP.
D.A. @ KLAL: Sal, I am about to enter into an agreement with a private CFI for flight instruction. We will be using his airplane for the lessons and he assures me that he has the necessary insurance on the plane for flight instruction. I know I have heard you speak of renter’s insurance, however this is not a true rental and I wonder if it is wise to consider some similar insurance product.
Sal’s Law: D.A., my congratulations on your decision to begin flight lessons. We hope to welcome you to the fold very soon. Rental insurance is a must for anyone who uses someone else’s aircraft. What you are describing would be considered a rental and would be covered under most rental policies, so the CFI should give it a close look before signing on the bottom line. Even if the owner of the aircraft has enough insurance to bring our economy up a few points, that insurance does not necessarily cover you. In almost all of the cases that I have seen, the owner’s insurance covers the owner and not the renter. To make matters worse, even if the owners policy covers a repair caused by the renter, very often the owners insurance company will look to the renter to recover the money that they paid out. The effect is the same and not good for renters.
I had a recent case where a renter pilot hit a bird on approach to a Florida runway, causing a good deal of damage to the wing. The insurance company paid for the repair to the wing at no expense to the FBO. While there was certainly no negligence in hitting the bird, the insurance company then went after the renter- pilot to recoup their costs. I never did find out which insurance agent covered the bird’s damage however.
Sal’s Notes: It’s baseball season again and a good time to check your local team’s schedule for game dates and times. Not only to allow you to follow your favorite slugger, but because an automatic TFR is generated from one hour before to one hour after each game. The TFR extends for 3 miles around. Remember, flying over or near sports events is limited to the Goodyear Blimp.
Blue Skies to all!
Sal A. Lagonia Esq - is an aviation attorney representing pilots, aircraft owners FBO’s and airports with offices in New York. Send questions or requests for speaking dates to 914-245-7500 or Sal@LagoniaLaw.com.