Thailand’s Supreme Court bans foreign pilots from domestic ‘wet lease’ flights
The landmark ruling follows a legal challenge by the Thai Pilots Association, ending a controversial exemption that allowed foreign crews on domestic routes
- Thailand's Supreme Administrative Court has revoked a Ministry of Labour exemption, effectively banning foreign pilots from operating domestic flights under "wet lease" agreements.
- The ruling came after a legal challenge by the Thai Pilots Association, which argued the exemption undermined the status of "pilot" as an occupation legally reserved for Thai nationals.
- The court found the exemption unlawful because it was granted for a private airline's commercial needs rather than for legally mandated reasons like national security or economic protection.
- Effective immediately, the decision forces airlines to hire local pilots or use "dry lease" agreements (leasing aircraft without crew) to service domestic routes.
The landmark ruling follows a legal challenge by the Thai Pilots Association, ending a controversial exemption that allowed foreign crews on domestic routes.
The era of foreign pilots operating domestic flights in Thailand through "wet lease" agreements has come to an end following a definitive ruling by the Supreme Administrative Court.
The judgement, published in the Royal Gazette on 30 January 2026, revokes a Ministry of Labour announcement that previously granted special permission for foreign aircrew to work within the Kingdom.
The ruling marks the conclusion of a long-standing legal battle between the Thai Pilots Association and the Ministry of Labour.
The dispute centred on a controversial Cabinet resolution passed in December 2024.
This resolution allowed airlines to bypass standard labour restrictions to procure aircraft via "wet leases"—an industry term for hiring an aircraft inclusive of its foreign flight crew—for a temporary period.
While intended as a short-term measure to stimulate domestic tourism, the policy drew fierce criticism from local professionals.
The Thai Pilots Association argued that the move directly undermined the status of "pilot" as a reserved occupation—a category of employment legally protected for Thai nationals only.
At the time of the filing, Thai Vietjet was the only carrier actively utilising the exemption, operating two Airbus A320s with foreign crews.
In its final judgement, the Supreme Administrative Court found that the Ministry had overstepped its legal mandate.
Under the 2017 Royal Decree on the Management of Foreign Workers, special exemptions can only be granted in exceptional circumstances to "maintain national security, protect the national economy, or prevent public disasters."
The Court ruled that issuing an exemption to satisfy the commercial requests of a private airline did not meet these criteria.
Furthermore, the judges emphasised that any such ministerial discretion must not jeopardise the professional opportunities of Thai citizens.
Given the significant number of unemployed Thai pilots, the Court deemed the Ministry’s discretion "unlawful."
The ruling is effective immediately, effectively grounding any foreign pilots currently operating on domestic routes under such schemes.
Industry analysts suggest the decision will force airlines to accelerate the recruitment of local flight crews and shift toward "dry lease" arrangements—where aircraft are hired without crew—to meet the growing demands of the Thai tourism sector.
