The Tribune

• Pilots: New air law test guidance inadequate

• Association ‘strongly urges’ mandate delayed

• Fear rash of failures will cause pilot shortage

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

PILOTS are voicing fears that “the stability and efficiency” of Bahamian aviation will be “undermined” if regulators press forward with plans to mandate they pass an exam for which many are ill-prepared.

The Bahamas Airline Pilots Association (BALPA), in a letter to Alexander Ferguson, the civil aviation director-general, says it “strongly urges” the regulator to delay rolling-out the new ‘air law examination’ that all pilots and airmen must take and pass if their relevant licences are to be issued or renewed.

The exam requirement took effect on Saturday, June 1, but BALPA and other pilots and aviation operators are warning that there has been inadequate time to prepare while the guidance notes and material provided by the Civil Aviation Authority of The Bahamas (CAAB) on the nature and type of questions that will be asked have been branded “incredibly vague”.

As a result, BALPA and others are voicing concerns that many pilots and air crew will struggle to pass the test and obtain renewal/issuance of their licences. This, they fear could result in pilot shortages and worsen the existing four-month delays presently encountered in upgrading licences and ratings, leaving the Bahamian aviation sector undermanned and unable to provide the frequency of services required.

BALPA’s Jamal Gray, in the Association’s letter to Mr Ferguson, said the group was “deeply disappointed not to have been consulted” on the exam’s development and roll-out. Some aviation sources suggested that the new exam had resulted from the recent US Federal Aviation Administration (FAA) audit of The Bahamas’ safety and regulatory regime, although this was disputed by other contacts.

Confirming that the regulator is pressing ahead, its website states: “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.”

In a likely response, or anticipation, to industry concerns and criticisms, the Civil Aviation Authority of The Bahamas has issued a six-page “frequent answers and questions” document which says pilots and others can re-take the exam up to four times should they fail the initial attempt.

As to what will happen to a pilot’s ability to be licensed and operate in The Bahamas if they fail all of these, the regulator added: “The Civil Aviation Authority of The Bahamas at their discretion will have the right to evaluate your ability to continue to hold an airman licence issued by The Bahamas and... may require further knowledge and skill testing to establish your fitness to hold such airman licence.”

Mr Gray, writing on behalf of BALPA, which represents Bahamasair’s pilots, told Mr Ferguson: “I am writing to you.... to express our concerns regarding the upcoming implementation of the new air law exam. While we understand and appreciate the need for regulatory updates to ensure the highest standards of aviation safety and compliance, we are deeply disappointed that the principal users of the aviation community have not been consulted during this process.

“The lack of consultation has resulted in several significant issues that we believe could negatively impact both pilots and aviation companies alike. One of our primary concerns is the inadequate preparation time and resources provided for the new exam.

“Unlike the FAA exams, which are accompanied by readily available study materials, instructional courses and a comprehensive bank of possible questions and answers, the new air law exam has left many pilots scrambling to prepare with insufficient resources. In some instances, individuals have had only a few weeks to prepare, which is far from adequate.”

Setting out BALPA’s concerns, Mr Gray wrote: “The current system essentially requires those taking the test to serve as both teacher and student, a situation that is neither practical nor fair. This is particularly concerning given the already lengthy validation process for new licences or type ratings, which can take up to four months.

“During this period, pilots often experience significant financial strain due to the lack of earnings, and taxpayers bear the burden of non-productivity costs in some instances. Introducing a new exam without proper preparation and support will only exacerbate these issues.

“Furthermore, we are concerned about the potential delays in the validation process that the new exam could introduce. At the end of an upgrade training event, pilots already face a four-month waiting period. Adding the requirement to prepare for and pass a new air law exam could extend this period even further, creating additional financial and operational challenges for both pilots and aviation companies.

“It is important to note that many of our pilots have held licences issued by Bahamian authorities for over 30 years, and have operated safely and effectively without incident. The sudden implementation of this new exam, without proper consultation and preparation, risks undermining the stability and efficiency of our aviation community.”

One aviation source, speaking on condition of anonymity, told Tribune Business that pilots are currently waiting up to four months after they pass the relevant test for their licences and ratings to be upgraded “so they can fly”. They added that this has already led to pilot short- ages, and there are fears that the new ‘air law’ exam and the inability to properly prepare could result in failures and exacerbate this.

“This is a huge, huge issue. It’s going to tremendously impact the aviation industry until it is resolved,” the source said. “They say it’s all on the website, but all the annexes are not there and the training material is not on the [Civil Aviation of The Bahamas] website. What we have looks like a syllabus for someone to prepare a course, not a study guide. It’s a syllabus for a training facility and they expect you to figure it out.

“They’re making you the candidate, the teacher and student all in one. I don’t know of any lawyer who will take a law exam without being prepared. And it’s summer. Where are we going to get the time to study from? The biggest problem is that they’re asking you to sit this air law exam and are not giving you enough time. They said that this is one of the FAA audit findings.”

Tribune Business was told that the new ‘air law’ exam, and the associated concerns and fears of the potential consequences, are being widely discussed by Bahamian pilots in social media chat groups that have 130-plus members. This newspaper understands that taking legal action over the matter has been discussed.

“The general aviation pilots and private pilots are following behind the Association,” one contact added. Asked about possible legal action, they added: “I know that’s what they were working towards. I don’t know how far that process got.”

Paul Aranha, principal of Trans-Island Airways, told Tribune Business that while concerns over the $250 per exam fee and the time granted to prepare were exaggerated, the pilot and aviation community does have a legitimate concern over the quality of preparatory material provided by the Civil Aviation Authority of The Bahamas.

And, while backing the ‘air law’ exam concept in principle, he added that its implementation and execution by the regulator could have been better. “The problem with the exam is the guidance they’ve given is not overly extensive; it’s overly vague,” Mr Aranha told this newspaper.

“Typically, in most countries, you do not go and simply walk in and take an exam. There are practice exams or courses you take to help you.” In this case, he added that Civil Aviation Authority of The Bahamas has only provided pilots and the industry with an 88-page document that contains no details, seems only to list headline topics, and “is incredibly vague”.

“Everyone has a legitimate reason to be uncomfortable, but I think the premise is correct,” Mr Aranha said of the ‘air law’ exam. “I don’t think it’s unreasonable. I just don’t like the fact that when you go to take the test you don’t know what it looks like.

“We’re very much on the side that the test is good, or the basis of the test is good, but I think it’s challenging for people to take the test having no idea what the test looks like and properly prepare. Trans-Island Airways is confident all of its pilots are more than prepared to take the test but, for the industry as a whole, it would be better to have more practice material and guidance.

“I support the premise of the test, and am confident our pilots are ready to take it, but we are understanding that some people have their hesitations about it and we feel that it would have been better if there had been more material and practice tests as found in other jurisdictions but feel confident it’s line with other jurisdictions in aviation.”

However, Mr Gray, on behalf of BALPA, told Mr Ferguson: “In light of these concerns, we strongly urge you to delay the rollout date for the new air law exam. We believe it is crucial to engage with the principal users of the aviation community to ensure that any new regulations do not negatively impact the very individuals responsible for transporting passengers and cargo throughout our archipelago.

“By working together, we can develop a more effective and supportive implementation plan that upholds the highest standards of aviation safety and compliance without placing undue burdens on our pilots and aviation companies.... We are optimistic that through open dialogue and collaboration, we can address these concerns and achieve a positive out- come for all stakeholders involved.”

The Civil Aviation Authority of The Bahamas, in anticipating industry questions, said: “Unfortunately, no, there are no sample exams.” It did detail the type of questions that will be asked, but directed pilots and air crew to the 88-page syllabus - already deemed inadequate by the industry - for guidance on the nature of the questions and their content. Failure to take the exam will result in licence revocation or suspension.

“Pilots must have a thorough understanding of aviation law to operate aircraft safely, comply with regulations and ensure legal compliance during flights,” the Civil Aviation Authority of The Bahamas said of the justification for the exam.

“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.”