By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamian aviation regulator’s chairman yesterday voiced “100 percent” optimism that concerns over a controversial exam, which the industry fears will create a pilot shortage, can be solved as early as this week.

Devard Francis, head of the Civil Aviation Authority of The Bahamas (CAAB) Board, told Tribune Business there could be “some variations” or changes to the ‘air law examination’ that all pilots are presently mandated to sit and pass by end-January 2025 in order for their Bahamian licences to be renewed.

While not going into detail, he confirmed that he has already met with the Bahamasair pilots’ union over its concerns and expressed confidence that “an amicable resolution” acceptable to the regulator and industry could be reached by “the end of the week”.

The exam has been much-criticised by Bahamian pilots and other industry operators for lacking relevance to this nation’s aviation environment, while many have complained about an inability to source study guides and inadequate time to prepare. A significant number of failures could leave Bahamian carriers short of pilots, disrupting flight schedules and the inter-island connectivity relied upon by residents, tourism and commerce.

Mr Francis, though, told this newspaper: “The Deputy Prime Minister [Chester Cooper] has given me the directive to consult with the pilots’ association, which we’ve been doing. We’ve already had a meeting and I’m waiting to have a meeting with executives at Civil Aviation, the director-general and deputy director-general.

“We have our meeting tomorrow [today] at 1pm. I’ll be able to speak more to it afterwards, but preliminarily that’s where we’re at right now.” Captain Mark Johnson, president of the Bahamas Airline Pilots Association (BALPA), which represents the Bahamasair pilots, could not be reached for comment before press time last night.

However, Tribune Business understands that the union is waiting for civil aviation and Mr Francis to come back to it with a confirmed position. The two sides are thought to have discussed a number of potential options, including making it an ‘open book’ exam; extending the deadline beyond the present January 31, 2025, date; or doing away with the examination altogether.

Others, though, have pointed out that BALPA and the Bahamasair pilots do not speak for the entire industry. The Bahamas Aircraft Owners and Pilots Association (BAOPA), in a release late on Tuesday night, said the union only represented around 85 out of around 500 licensed pilots in this nation as it slammed the alleged failure by the Government and Civil Aviation to respond to its own exam concerns.

Drexel Munroe, a pilot and Association member, told Tribune Business on the lack of response: “We’re extremely disappointed but it’s a telling sign and it really speaks to the management of Civil Aviation. We’ve got to fight the elephant in the room one bite at a time, but that’s something that has to be addressed.”

The Association, in its statement, said it had reached out to both Mr Cooper and Civil Aviation as far back as October 6, 2024, and as recently as November 9, 2024, but had received no reply other than an acknowledgement that its submissions had been received.

Mr Francis, when asked about this by Tribune Business yesterday, promised that all industry stakeholders will be heard. “Everyone will have a time to ventilate whatever issues they have with the exam,” he said. “We are doing a listening tour. We want to hear from everyone, everyone in the industry, and we hope to come to an amicable resolution by the end of the week.”

Asked whether there will be any reforms or changes, the Civil Aviation chairman replied: “There may be some variations, but I want to speak with my executives.” Mr Francis said he is “100 percent” and “absolutely” confident that the concerns will be resolved, adding: “I don’t see any difficulties.”

Pilots, though, have previously challenged why questions relating to taking off and landing from London’s Heathrow airport and flying through volcanic ash are included in the exam when they have zero relevance to the typical conditions encountered in The Bahamas and North America.

And, arguing that regulators were seemingly trying to “push it down our throat” without any consultation or feedback, they warned aviation could suffer “a big fall-out” that coincides with the winter tourism peak if too few pilots fail to pass the exam by the January 31, 2025, deadline as those that fail will lose their licences to fly Bahamian-registered aircraft within this nation’s territory.

Mr Munroe told this newspaper yesterday: “Very few people are interested in taking the exam to be perfectly honest, and I think you’re going to find some people just jump in and fly their aircraft because they have to feed their families. An operator had a pilot come back from school to fly his planes, and they sent him in and he failed the exam.”

He reiterated, though, that the exam only impacts pilots who hold a Bahamian licence and fly locally-registered planes in this nation, as those who hold valid US licences will still be able to operate a US-registered plane within this country’s air space on February 1, 2025. Such a situation, Mr Munroe hinted, was ironic given that the Bahamian pilot’s licence was based on the US equivalent.

“I say this most respectfully,” he added. “These guys have to feed their families. They service the public in this country in ways the national flag carrier cannot provide. A guy cannot be legal in one country and illegal in another. That, frankly, is madness.”

The Association, in its statement, challenged the Civil Aviation Authority over whether The Bahamas is an “issuing state” and has the ability to licence aviation industry personnel - ranging from pilots to mechanics - by itself. It argued that The Bahamas does not have such status and standing, because it lacks the necessary support facilities such as training and testing centres.

Based on this conclusion, it questioned the grounds upon which the Civil Aviation Authority can licence industry personnel, adding that Bahamian licences were issued solely on the basis that those receiving them hold the equivalent from a foreign country or regulator.

This, most commonly, is the US and Federal Aviation Administration (FAA). The Association asserted that Civil Aviation has encountered problems with this, namely issuing Bahamian licences to persons who had lost their FAA equivalent. 

Bahamian regulators, in unveiling the ‘air law’ 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.”

However, the Association argued: “The cancellation of pilot licences will, without question, bring about a significant disruption to the Bahamian public who depend on a daily basis on the prowess of their Bahamian pilots to transport them back and forth for work, vacation, shopping and any number of other reasons.

“It would also affect the movement of numerous guests to various Family Island resorts and tourist attractions. Coupled with this, it would cause financial disruption and loss to those intrepid aviation entrepreneurs and their families.

“Some pilots began their career with a Bahamian licence and local exam, others returned with an FAA licence and, prior to receipt of a Bahamian licence, received some form of testing. What happens in this case?Pilots with in excess of 20 years’ experience would find themselves grounded, not because of a medical or mechanical issue.......”