Narrative:

Pilot and passenger were returning to the united states from a 1 day trip to central baja, mexico. We left 1 hour later than originally planned and ran into a 10-15 KT direct headwind. Pilot contacted san diego FSS over san felipe, mexico, to file a border crossing flight plan for landing at calexico (cxl), california, at XA45Z. Time of landing was determined by GPS ground speed reading plus 45 mins for landing at mexicali (mmxl), mexico, for immigration procedures and refueling. Pilot was aware that mexico prohibited VFR flight at night and single engine night IFR. Pilot was unaware that, in mexico, night was defined as sunset instead of 1 hour after sunset. Pilot contacted mexicali tower 30 mi south and advised of landing. ATC notified pilot of rules violation and severe penalties for landing at mexicali after dark. Pilot requested clearance to depart mexican airspace without landing to clear immigration. Clearance was granted and a squawk code of XXXX was assigned. Pilot then contacted san diego FSS to amend arrival time at cxl to XB15Z. FSS stated that they could not make recommendations and asked if pilot was certain that he wanted to amend the time to 15 mins prior to border crossing. Pilot confirmed request and asked for immediate notice to united states customs officials at cxl. Upon landing at cxl pilot and passenger were notified that the penalty for arriving with less than 1 hour notice is $5000 and confiscation of the aircraft. However, agent in charge was in a good mood and let us go with a 15 min lecture on what and why the procedures are and the need to follow them precisely. The decision to bypass mexican immigration and land at cxl early was made in a matter of seconds based on the following factors. Mexicali ATC was very clear that the penalties for night flight would be severe. Pilot was fearful that those penalties would include a large dollar amount, confiscation of the aircraft and possibly ending up in a mexicali jail. It was determined at that time to risk a violation in the united states instead. Additional pressure was added by the passenger (both licensed pilots) to continue across the border. The incident could have been avoided by better planning and understanding of mexican rules and regulations. Furthermore, remaining in mexico overnight would have been a better decision when it was clear that continued flight would have violated mexican rules and also put us in jeopardy with united states customs and the FAA.

Related reports:

Google
 

Original NASA ASRS Text

Title: DECISION TO NOT LAND AT MMXL DRIVEN BY THREAT OF SEVERE PENALTIES TO PVT PLT BECAUSE OF OPERATING VFR AT NIGHT, WHICH IS FORBIDDEN IN MEXICO. (AS IS SINGLE ENG IFR.)

Narrative: PLT AND PAX WERE RETURNING TO THE UNITED STATES FROM A 1 DAY TRIP TO CENTRAL BAJA, MEXICO. WE LEFT 1 HR LATER THAN ORIGINALLY PLANNED AND RAN INTO A 10-15 KT DIRECT HEADWIND. PLT CONTACTED SAN DIEGO FSS OVER SAN FELIPE, MEXICO, TO FILE A BORDER XING FLT PLAN FOR LNDG AT CALEXICO (CXL), CALIFORNIA, AT XA45Z. TIME OF LNDG WAS DETERMINED BY GPS GROUND SPD READING PLUS 45 MINS FOR LNDG AT MEXICALI (MMXL), MEXICO, FOR IMMIGRATION PROCS AND REFUELING. PLT WAS AWARE THAT MEXICO PROHIBITED VFR FLT AT NIGHT AND SINGLE ENG NIGHT IFR. PLT WAS UNAWARE THAT, IN MEXICO, NIGHT WAS DEFINED AS SUNSET INSTEAD OF 1 HR AFTER SUNSET. PLT CONTACTED MEXICALI TWR 30 MI S AND ADVISED OF LNDG. ATC NOTIFIED PLT OF RULES VIOLATION AND SEVERE PENALTIES FOR LNDG AT MEXICALI AFTER DARK. PLT REQUESTED CLRNC TO DEPART MEXICAN AIRSPACE WITHOUT LANDING TO CLR IMMIGRATION. CLRNC WAS GRANTED AND A SQUAWK CODE OF XXXX WAS ASSIGNED. PLT THEN CONTACTED SAN DIEGO FSS TO AMEND ARR TIME AT CXL TO XB15Z. FSS STATED THAT THEY COULD NOT MAKE RECOMMENDATIONS AND ASKED IF PLT WAS CERTAIN THAT HE WANTED TO AMEND THE TIME TO 15 MINS PRIOR TO BORDER CROSSING. PLT CONFIRMED REQUEST AND ASKED FOR IMMEDIATE NOTICE TO UNITED STATES CUSTOMS OFFICIALS AT CXL. UPON LNDG AT CXL PLT AND PAX WERE NOTIFIED THAT THE PENALTY FOR ARRIVING WITH LESS THAN 1 HR NOTICE IS $5000 AND CONFISCATION OF THE ACFT. HOWEVER, AGENT IN CHARGE WAS IN A GOOD MOOD AND LET US GO WITH A 15 MIN LECTURE ON WHAT AND WHY THE PROCS ARE AND THE NEED TO FOLLOW THEM PRECISELY. THE DECISION TO BYPASS MEXICAN IMMIGRATION AND LAND AT CXL EARLY WAS MADE IN A MATTER OF SECONDS BASED ON THE FOLLOWING FACTORS. MEXICALI ATC WAS VERY CLR THAT THE PENALTIES FOR NIGHT FLT WOULD BE SEVERE. PLT WAS FEARFUL THAT THOSE PENALTIES WOULD INCLUDE A LARGE DOLLAR AMOUNT, CONFISCATION OF THE ACFT AND POSSIBLY ENDING UP IN A MEXICALI JAIL. IT WAS DETERMINED AT THAT TIME TO RISK A VIOLATION IN THE UNITED STATES INSTEAD. ADDITIONAL PRESSURE WAS ADDED BY THE PAX (BOTH LICENSED PLTS) TO CONTINUE ACROSS THE BORDER. THE INCIDENT COULD HAVE BEEN AVOIDED BY BETTER PLANNING AND UNDERSTANDING OF MEXICAN RULES AND REGS. FURTHERMORE, REMAINING IN MEXICO OVERNIGHT WOULD HAVE BEEN A BETTER DECISION WHEN IT WAS CLR THAT CONTINUED FLT WOULD HAVE VIOLATED MEXICAN RULES AND ALSO PUT US IN JEOPARDY WITH UNITED STATES CUSTOMS AND THE FAA.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.