The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamas’ aviation regulator last night disclosed that while it will “not cancel” an exam that has sparked fears of a pilot shortage it is prepared to make “variations” to ease industry concerns.

Devard Francis, the Civil Aviation Authority of The Bahamas (CAAB) chairman, told Tribune Business that the regulator “cannot exempt” pilots or void the controversial ‘air law exam’ given that the test it has been “prescribed by the Federal Aviation Administration (FAA)”, the US aviation supervisor.

He added, though, that the CAAB is willing to adjust “the timeline” surrounding the exam following significant push back from the Bahamian aviation industry amid fears that many pilots would either be unable to take and/or pass it by the mandatory January 31, 2025, deadline. Those pilots that failed would be unable to renew their Bahamian licences to fly Bahamian-registered aircraft within this jurisdiction.

Mr Francis told this newspaper that he outlined the Civil Aviation Authority’s position to the Bahamas Airline Pilots Association (BALPA), which represents the Bahamasair pilots, during their meeting yesterday. However, he declined to give precise details on the proposed “variations” on the basis that he has yet to meet with other industry representatives including the Bahamas Aircraft Owners and Pilots Association (BAOPA).

“We had a meeting with BALPA today,” Mr Francis confirmed. “They’re pushing the agenda of their pilots. I met with the president and other Board members. We [Civil Aviation] are prepared as an Authority to make some time variations to the exam. I think they were asking for persons to have more time, and we are prepared to make some variations as it relates to the timeline.”

That will likely involve altering, and pushing back, the January 31, 2025, deadline for all pilots to take and pass an exam that many have argued contains questions that are either “vague” or irrelevant to aviation conditions in The Bahamas and local laws, rules and regulations. Pilots have also complained about inadequate study guides and time to prepare for an exam they say is based on European - not local - regulations.

Mr Francis last night declined to specify the proposed “variations” until he met with BAOPA and its president, Mornel Brown. While the two men have spoken by phone, Mr Brown is understood to be outside The Bahamas and the meeting between the two sides is being scheduled for early next week.

“I don’t want to release the variations because we have yet to meet with the other entity, the Bahamas Aircraft Owners and Pilots Association,” he explained. “I spoke to Mr Brown today by phone. I want to speak to them. I don’t want to minimise their role or diminish whatever their opinions may be. I want to sit down with them also. We want to have dialogue to make this better.

“Obviously it’s been a very stressful process for us, but it has been amicable between the two parties,” Mr Francis added, referring to the discussion with BALPA and the Bahamasair pilots. “I just want to give commendations to Captain Mark Johnson and his team. I believe the meeting today was very amicable and non-contentious, but they were very profound in regard to the pilots’ interests.”

Mr Francis, though, was adamant that neither himself nor Civil Aviation will abandon the ‘air law exam’. “Obviously I’m not going to cancel the exam,” he told Tribune Business. “I cannot do it. We cannot exempt pilots from doing the exam. This is what the FAA has prescribed. This is what we have to do. I’m not cancelling the exam but we are prepared to make variations on it as it relates to time.

“We’re doing this for everyone. We’re doing this for Bahamian pilots. We want our pilots to be well-qualified by global and ICAO (International Civil Aviation Organisation) standards. I believe The Bahamas has some of the best pilots in the world. We want to maintain a high ranking and categorical ranking as it relates to our regime itself.”

It now remains to be seen if the Civil Aviation Authority’s offer of a compromise will sufficiently ease the concerns of Bahamian pilots. They and other industry operators previously warned that, if nothing changes in relation to the exam, Bahamian airline operators could face a pilot shortage come February 1, 2025, at the height of the peak winter season because insufficient numbers will have passed and secured renewal of their licence.

And the lack of pilots, in turn, could force operators to suspend or cancel Family Island and other routes that provide key transportation and cargo connectivity for residents and businesses there. Industry sources have asserted that questions appear to have been ‘copied and pasted’ from a European aviation study guide, and bore little resemblance to the conditions and practices that will be encountered in The Bahamas.

They had also encountered difficulties in sourcing study guides and materials and, while not objecting to the exam as a concept, said the contents do not align with what was promised. One, while acknowledging that they shared his concerns about the nature of the questions being asked, said those relating to locations such as London’s Heathrow airport were still relevant because “your pilot’s licence doesn’t limit you to flying in The Bahamas alone”.

However, they challenged why questions on issues such as visual flight rules (VFR) when flying at night were included given that night flying “was not allowed in The Bahamas”. And the source added: “My biggest concern is that they have a hard deadline of January 31 to take and pass the test.

“They had promised there was going to be testing five days per week, and if needed they would open on Saturday to do testing. They still only have Wednesday, Thursday and Friday available, and it’s booked up. It’s booked up from December 13 to January 31. If you’re going to have a such a hard deadline, they need to expand that booking. What I heard is guys are booking multiple slots just in case they fail. It’s not an easy test.”

Another aviation contact said they were forced to have the study guides shipped to The Bahamas from the UK. “It’s a Bahamas air law exam so it should be on Bahamian air law,” they said. “This test is not based on Bahamas air law, but is based on questions from the EASA test.” The source also pointed out that the terminology and phraseology are different from what Bahamian pilots are used to.

Bahamian regulators, in unveiling the exam in the summer, said: “Effective June 1, 2024, the Civil Aviation Authority of the Bahamas will be implementing a mandatory air law examination for all airmen seeking initial and renewed licences.

“This examination aims to enhance aviation safety standards by ensuring a comprehensive understanding of aviation regulations and protocols. Bookings for the exam will commence in early May 2024. Please make the necessary arrangements at your earliest convenience to avoid any delays in your licensing process.”

The Civil Aviation Authority of The Bahamas added: “Pilots must have a thorough understanding of aviation law to operate aircraft safely, comply with regulations and ensure legal compliance during flights.

“The examination will not necessarily improve your flying skills, but it will improve your knowledge of aviation in The Bahamas and will make you a more proficient and efficient airman in terms of requirements, obligations and rights you as an airman have when operating in The Bahamas.”