By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamian aviation regulator’s Board will meet today at 1pm with the deputy prime minister present to determine how it will proceed over a controversial exam that has sparked fears of a pilots’ shortage.

Devard Francis, the Civil Aviation Authority of The Bahamas (CAAB) chairman, confirmed the meeting to Tribune Business but declined to say any more to avoid pre-empting the discussions or outcome. “I have my final meeting with the Board tomorrow on it with the deputy prime minister,” he said of Chester Cooper. “He’s supposed to be there also.”

The move comes amid ongoing concerns and complaints being voiced by Bahamian pilots over the ‘air law examination’ they have to sit and pass by January 31, 2025, so that they can continue flying locally-registered planes in this nation’s air space.

Mornel Brown, president of the newly-formed Bahamas Aircraft Owners and Pilots Association (BAOPA), reiterated to this newspaper that aviators are not opposed to the concept of taking such an exam but one that is relevant to this nation and its aviation laws, regulations and rules. Tribune Business has previously reported industry concerns that some of the questions are “vague” and based on European, not Bahamian, aviation.

“Everyone is saying the same thing,” he added. “There are questions in there that are vague and based on what we thought was something totally different. It doesn’t make any sense. February 1 is the moment of truth. January 31 is the last date; February 1 is the day when, if you don’t take the exam or pass the exam, you will be sitting on the ground until you do.

“The thing about is it’s no fault of the average aviator in The Bahamas. It’s no fault of theirs. Even if there was a finding in the [recent Federal Aviation Administration] audit, The Bahamas has had audits for years under the International Civil Aviation Organisation (ICAO) conventions. This is the first time this [pilot exam] is coming up.

“I remember when I came back from flight school in 2009,” Mr Brown recalled. “I had a US licence, not a Bahamian licence. I sat an exam, ten questions based on Bahamian regulations, and had an interview with an inspector. There was an exam in place before.

“These guys are not making noise about taking an exam. They want an exam that is relevant to this region and the regulations. That’s what they want. They don’t want an exam that’s relevant to Europe and they have to study European laws and regulations. They want an exam that is based in The Bahamas.

“Why is it so pressing that you make the Bahamian pilots sit an exam out of Europe when you, the authority, have made an exam for Bahamian mechanics? It’s 60 questions and open book. Why do this to the pilots?”

Mr Brown emphasised he and the Association are standing by their previous warning 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. “I’m standing by the our statement. There’s going to be a lot of delays and the flying public, at the end of the day, are going to feel it. Bahamasair does not service every island,” Mr Brown told Tribune Business.

“Those are the people that you are putting a strangle on, not the operators. The people. Imagine if you cannot get your medicine. We’re not saying we don’t want to take the exam.” Again complaining about an alleged lack of consultation between the Civil Aviation Authority of The Bahamas and private pilots and operators, Mr Brown added: “We don’t know where they [the regulators] are with the position they have taken.

“All we can assume is that they are moving forward with the exam because that is the deadline they have put in place. We were not even given the opportunity to speak to them. Every one of the guys that took the exam, there were a few that passed it from Bahamasair and few passed it from the private sector, but Bahamasair only represents 25 percent of the industry.

“There are other people being affected. They are the people whose voices need to be heard.” Captain Mark Johnson, president of the Bahamas Airline Pilots Association (BALPA) which represents the Bahamasair pilots, did not respond to calls and messages from Tribune Business seeking comment before press time.

However, Mr Brown said Captain Johnson had confirmed to him that the union had met with Mr Francis over the ‘air law exam’ issue. “He said that they were trying to plot the way forward, but Mr Francis was very brief in telling him he had to consult with his team and get back to him,” Mr Brown added. “We have several times asked for a meeting and been denied by them not responding to us.” 

Tribune Business understands that the Bahamasair pilots 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.

Other sources have backed the arguments by Mr Brown and others that questions appeared 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.”