The Tribune

By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

The deputy prime minister yesterday unveiled legislative reforms branded as “critical” to maintaining, and expanding, the access Bahamian-owned airlines enjoy to the US market.

Chester Cooper, also minister of tourism, investments and aviation, told the House of Assembly that the improvements to the Civil Aviation and Civil Aviation Authority Act were vital to maintaining The Bahamas’ top-tier Category One status with the US regulator, the Federal Aviation Administration (FAA).

The reforms were designed to resolve 46 “findings” made during the FAA’s International Aviation Safety Assessment (IASA) audit of The Bahamas’ aviation regulatory and safety regime. A downgrade, and loss of Category One status, would impede Bahamian-owned airlines in accessing this nation’s primary tourist and commercial market and prevent them from expanding into new routes.

“If we are able to satisfactorily address these findings, The Bahamas would maintain its current rating of a Category One, meaning that the Commonwealth of The Bahamas met the international safety standards established by ICAO (the International Civil Aviation Organisation),” Mr Cooper said.

“If we do not maintain our Category One status, air carriers from The Bahamas who are currently approved to operate into the US will be placed on heightened surveillance and all new operators, expansions in existing services or changes in existing services to the US will be strictly prohibited. It is therefore critical that we pass these amendments.”

Bahamian aviation operators backed Mr Cooper’s assessment. Paul Aranha, principal of Trans-Island Airways and Trans International Airways, told Tribune Business: “It’s really crucial for The Bahamas especially because of our proximity to the US. If we are downgraded to Category Two you cannot add any planes or expand routes or make technology changes.

“It gives the US carriers an incredible advantage because they can just expand into The Bahamas and we cannot even respond to it. It’s really important to maintain that status because the US is only 150 miles away. I’m very confident that we will.”

Research by Tribune Business showed that the FAA’s IASA audit is designed to assess a country’s compliance with “eight critical elements of effective aviation safety oversight” as detailed by the International Civil Aviation Organisation (ICAO), the global regulatory standard setter. 

These elements are identified as a country’s legislative framework; aviation operating regulations; state civil aviation system and safety oversight functions; quality of technical personnel and their training; technical guidance and provision of safety information; licensing, certification and authorisation; surveillance; and how safety concerns are resolved. The audit occurs every five to seven years.

Mr Cooper, meanwhile, reiterated: “The passage of the Civil Aviation Amendment Bill 2024 and the Civil Aviation Authority Amendment Bill 2024 is crucial for the future of aviation in The Bahamas. These amendments will not only address the FAA IASA findings, ensuring that we maintain our Category One rating, but also pave the way for continued growth and innovation in our aviation sector.”

The FAA IASA audit was announced on July 17, 2023, with the actual assessment taking place last year from October 16-20. Mr Cooper said the audit identified 46 findings across the eight critical elements, and the primary focus was to increase the autonomy of the Civil Aviation Authority Bahamas (CAAB)

He said: “The FAA’s assessment indicated that in certain technical scenarios the CAAB did not have the relevant powers, or decision-making powers were vested in the Board or the minister rather than being confined to policy and corporate administration. To address these concerns, we have brought these amendments.”

Mr Cooper added that most of the amendments “simply rephrase the content of the section to give CAAB or the director-general autonomy in its technical decision-making processes”. He said the amendments will also expand CAAB’s authority to inspect personnel, aircraft, operating facilities and certification records of operators, as well as conduct continued surveillance and address safety concerns.

The minister responsible for aviation has also been empowered to make regulations on issues such as public health, space flight and environment concerns in consultation with CAAB.

Mr Cooper said: “The amendment to Section 58 empowers the minister, in consultation with the Authority, to make regulations on various issues, including environmental concerns, space flight, public health and international agreements.

“This broad regulatory power ensures that our aviation laws remain comprehensive and adaptable to evolving challenges and opportunities in the aviation sector.”

Mr Cooper said the amendments strive to “strengthen the autonomy and effectiveness” of CAAB and its director-general, who will now have the power to authorise individuals outside The Bahamas to perform regulatory oversight responsibilities and to “carry out powers and functions” on behalf of CAAB.

He added: “The amendments grant the director-general the authority to authorise individuals or entities outside The Bahamas to perform specified regulatory oversight responsibilities, enhancing our capacity to leverage international expertise and resources in maintaining high standards of aviation safety and oversight.

“Additionally, the Bill grants the director-general the power to delegate, designate or authorise individuals or entities to carry out powers and functions on behalf of the Authority.”