The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

IMMIGRATION director William Pratt said yesterday that private pilots would incur overtime fees outside of normal work hours, regardless of whether they were flying for pleasure recreational purposes.

Confirming that the Immigration Department’s overtime fee policy contravenes the Bahamas’ Private Pilot Bill of Rights 2014-2015, Mr Pratt confirmed that the latter would continue to be violated.

He said the Immigration service fee/overtime regulations made “no distinction” between commercial or recreational flights to the Bahamas by private pilots.

Tribune Business has written proof that the Immigration policy violates the Priuvate Pilot Bill of Rights.

A copy of the Bill, which was distributed by Bahamas representatives at a recent US Air Show, explicitly states: “No overtime Customs and Immigration fees for private aircraft visiting the islands of the Bahamas, where the pilot declares that he/she does not receive any remuneration and the flight is for recreational purposes.”

But Mr Pratt told Tribune Business yesterday that he had not seen, nor had any knowledge of, the guide that Bahamian representatives were handing out to private pilots at the recent ‘Sun & Fun’ Lakeland Air Show in Florida.

The guide also contained a personal pledge by Customs Comptroller, Charles Turner, that his agency would not be levying service charges “regardless of port of entry or time of day”.

Private pilots have charged that Immigration overtime fees are “violating” the Bill of Rights, which governs how this nation treats visiting private pilots. The discrepancy between the marketing materials and on-ground experience has sparked chaos, and further damaged the Bahamas’ reputation in this multi-million dollar industry, with private pilots hit by unexpected extra costs when they land in this nation.

Mr Pratt told Tribune Business: “There shouldn’t be any overtime fee unless they arrive before 9am or after 5pm. The Immigration service fees are only applicable for early or late arrivals.

“There are no service fees applicable between the hours of 9am -5 pm, and that’s seven days a week. If, however, they arrive before 9am and after 5pm, the service fees will be applicable.”

Mr Pratt added: “We go by our service fee regulations. There is an amendment regulation to the Immigration overtime fees, and the service fees are applicable if they arrive before 9am and after 5pm.

“The regulation I have does not speak to whether they come in on recreation or business. It just says these service fees for Customs and Immigration would be applicable based on the size of the aircraft and the hourly rate for the Immigration officer if they arrive before 9am or after 5 pm. Even if they are coming on pleasure, they are required to pay the service fee if they arrive before am and after 5pm.”

Customs Comptroller Turner, in a recent interview with Tribune Business, pledged that he would deal with any “misunderstandings” surrounding his department’s policy towards visiting private pilots and the levying of fees.

Responding to Tribune Business’s Friday report, which detailed the chaos and confusion surrounding the Bahamas’ tax treatment of private pilots, Mr Turner said the problem may relate to uncertainty about what qualifies as a ‘recreational flight’.

He explained that private pilots, who did not receive payment for bringing either cargo or passengers into the Bahamas, would not be hit with ‘service charges’ (overtime fees) by Customs. But pilots who received remuneration for such activities would incur these charges outside of normal work hours.

“I think there’s a misunderstanding,” Mr Turner told Tribune Business. “What may have happened, too, is some persons may not understand when a flight is being considered a pleasure flight.

“If someone lives in Lyford Cay and has their own private jet, but there is a private pilot being paid to fly the jet, we’d consider that commercial.” Such a flight would thus incur Customs service charges.”