Widebody; Low Wing; 2 Turbojet Eng
Flight Crew Air Transport Pilot (ATP)
Confusion; Communication Breakdown
ATC Issue All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
General None Reported / Taken
Human Factors
This report concerns the pre-departure operations; specifically the filling of ICAO flight plan and ATC issuing of clearance for our flight from MMMX to the U.S. This was a ferry flight to reposition an aircraft that had been in maintenance in MMMX. All operations were complicated due to the lack of a primary handler. We were met at the terminal and escorted to the aircraft. While in the van; I signed three copies of the ICAO flight plan; and the representative said he would file them. During the first pre-flight; ATC clearance was received; and all other pre-flight duties were completed. Just prior to push back; Flight Control was called and; at that time; they advised the flight was canceled. Prior to completing the Shutdown Checklist; I re-contacted Clearance Delivery and advised them of our cancellation; and asked them to cancel our flight plan. The Controller advised that if we were to depart later a new flight plan would need to be filed. After boarding a van to be transported to immigration to re-enter Mexico; I was handed a phone by one of the ramp service members; and it was maintenance control advising that clearance into the U.S. had been obtained; and we were to depart as soon as possible. We then re-boarded the aircraft and began our second pre-flight. I called flight control to confirm with them; and advise them that we would need a new ICAO flight plan filed. The same air carrier representative appeared shortly thereafter; and I signed three copies of the new ICAO flight plan. He then left to file the flight plan. I contacted Clearance Delivery and advised them that our flight was now going to depart; and that a second flight plan would be filed shortly. The Clearance Delivery Controller advised that he didn't have anything on us yet; but if we continued to monitor his frequency; he would call us when our flight plan came up; and our new clearance was available. We continued to ready the aircraft for departure; and about 7 to 10 minutes later; the Clearance Delivery Controller called; and gave us our new clearance.  When the aircraft was ready for departure; we called Ground and received clearance to push. The flight was completed without irregularity. Upon landing in the U.S.; Flight Control advised that 'someone' at MMMX advised that we had departed without a proper flight plan. Upon further enquiry; I found that an attorney for the company had contacted System Control with an email that stated; 'Dear all; I am on my way to the airport office of the DGAC; we are being called because this flight apparently operated without an authorized flight plan. Later we will provide more information. Kind regards [signature]. I have no idea how our actions could be interpreted in such a manner. My supposition when the Clearance Delivery Controller issued our second clearance was that the air carrier representative had properly filed our flight plan. We did depart without a stamped copy of the ICAO flight plan; but it is my experience that company flights always depart without a copy of the ICAO flight plan. We did have the company flight plan; and I did leave a station copy of that flight plan with ground personnel.
A cancelled international ferry flight was re-instated after the original flight plan had been cancelled. Believing a new plan had been filed and having been cleared by ATC the flight was completed after which the reporter was advised that there had been no ICAO flight plan filed for the re-instated flight.