In parts 1 and 2 of this series, we noted that many modern societies have established laws and organizations that are designed to protect the rights of consumers, to ensure fair trade and competition in an orderly economic environment and to provide for the dissemination of accurate consumer information in the marketplace. Following our article last week, we received many email comments concerning our observations about consumer protection regarding hackers and unscrupulous automobile peddlers.
Several persons asked us to expand our article about airplane hackers because this situation represents a clear and present danger to the traveling public. We were also invited to address consumer protection that is offered to the public regarding the quality of fuel that is sold to them that often results in damage to their automobiles. Therefore, this week, we would like to continue this series about airplane hackers and invite you to Consider This... in The Bahamas, who is protecting the consumer against airplane hackers?
Dangers in employing hackers
Hackers are private pilots who sell their flight services from airports in The Bahamas without an Air Operator's Certificate issued by the Civil Aviation Department.
There are many valid reasons that should dissuade the public from flying with hackers. Some of those reasons include the fact that there is no way for the public to determine:
o Whether the pilot has a valid license;
o Whether such persons have received recent re-qualification training;
o Whether such persons meet the legal requirements to transport passengers;
o Whether such persons have a valid medical certificate;
o Whether such persons have insurance on the aircraft that would cover passengers or property on the ground in case their airplane crashes;
o Whether such persons properly maintain their aircraft;
o Whether such persons are qualified to fly in inclement weather;
o Whether such persons take risks in carrying loads in excess of what is legal or authorized;
o Whether such persons possess documentation to determine if the aircraft is safe for flight.
Far too often, customers charter illegal operators because their flights are cheaper than certified operators. The public should be aware that certified operators are generally much safer because they are required by established regulations to ensure that they:
o Possess a license to transport passengers commercially;
o Are trained to fly even in bad weather;
o Must be re-qualified every six months;
o Are required to have medical examinations, in most cases two times each year;
o Are required to submit to an inspection by the authority at any time;
o Properly maintain their aircraft at all times;
o Possess insurance that covers passengers and the public in the event of an accident;
o Are required to complete and maintain flight documents for a minimum period so that the authorities can review and audit their activities for compliance to the regulations.
Several years ago, an airplane accident shocked the country when nine lives were lost and the pilot was not a certified operator. In that case, the passengers shopped around and settled for a pilot who offered his aircraft for a few dollars below the price of authorized operators and agreed to carry all of the "luggage" they had which placed the aircraft severely in excess of the authorized safe weight limits, with disastrous consequences. There have been other fatal accidents in flights operated by hackers.
Flight Standards Inspectorate of the Department of Civil Aviation
Months prior to the aforementioned accident, the Flight Standards Inspectorate of the Department of Civil Aviation (FSI or CAD) embarked on a proactive campaign to caution the public about using unauthorized operators. The authorities warned the flying public by way of public broadcasts, print media and the Internet. Posters were also strategically placed around the airport from whence their flights originated, and there was increased surveillance of the areas that dispatched those flights, all to no avail.
The public often ignore these warnings to travel with unauthorized operators. It should be noted that the FSI has developed a system where all operators are supplied with a decal that must be strategically placed on the aircraft so that the public can see upon entering that it is properly certified by the CAD to operate commercially. The CAD has also erected posters depicting what the decals, pilot licenses and medical certificates looked like.
Authorized Air Operator Certificates have also been posted to inform the public what an authorized operator must be in possession of in order to operate commercially and legally. Posters listing the operators that were certified by the CAD were also available in the print media and on the Internet. Increased surveillance did not bear fruit either even though, when an aircraft arrived or was about to depart, impromptu inspections were conducted by the FSI inspector.
Passengers are briefed by hackers to inform the flight inspectors that they were not paying to travel. In such cases, there is little that the inspector can do because, on a private flight, the pilot can travel with family and friends and thereby circumvent the established regulations.
Protecting the public from hackers
The government needs to strengthen and implement laws that penalize persons who engage in this reckless practice that puts the public at risk when they travel with hackers who are not certified, qualified, insured and who circumvent regulatory oversight.
Additionally, police officers should be stationed at our airports and fixed based operations (FBOs) and trained to inspect aircraft and detain or warn pilots who engage in this illegal practice. It is noted that, due to the CAD presence, certain pilots who know they are illegal would "lay low" until they know the authorities are gone before they "round up" their passengers and then depart.
Additionally, FBO operators should be vigilant and mandated to report to the authorities when hackers file multiple flight plans daily and travel in and out with numerous passengers who could not possibly be family members and friends. In addition, identification badges that enable access to the secure airside should not be issued to pilots, unless they are affiliated with legally authorized carriers. FBO personnel should confirm who they are, which airplane they are flying, who is traveling with them, take the names of everyone traveling with them and personally escort them to the aircraft.
The use of closed circuit TVs can also assist in curtailing the illegal activities of hackers. If pilots operate their aircraft too often with a wide range of passengers, FBO personnel should be required to advise the authorities of their suspicions that such pilots are possibly engaging in illegal charter operations. Despite the proactive measures that have been taken by the Civil Aviation Department, we believe that police presence, FBO operators, NAD and the Airport Authority can assist the Flight Standards Inspectorate of the Department of Civil Aviation to ensure that passengers are safe by boarding an authorized charter flight flown by qualified and certified pilots.
Conclusion
In the interest of public flight safety, only legally authorized pilots should be allowed to operate charter flights. We believe that the aforementioned measures would minimize the incidence of illegal charter operations and significantly enhance flight safety for legally authorized private charter pilots who daily face the danger of sharing our skies with unqualified hackers. It is equally important for the traveling public to realize that when they patronize hackers, they also contribute to this illegal and dangerous activity.
Next week, we will address consumer protection that is offered regarding the quality of automobile fuel sold to the public which often results in significant damage to their automobiles.
o Philip C. Galanis is the managing partner of HLB Galanis and Co., Chartered Accountants, Forensic & Litigation Support Services. He served 15 years in Parliament. Please send your comments to pgalanis@gmail.com.
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