On April 27, 2016, Justice Frank Seepersad of the Trinidad and Tobago High Court of Justice dismissed a claim by private helicopter operator PHI Americas Limited which had sought an injunction mandating that the Trinidad and Tobago Civil Aviation Authority (TTCAA) provide temporary authority to operate in the country. Throughout the case, The Wicks Group served as experts on behalf of TTCAA, providing the court with its expert opinion on the proper method of certifying a new operator.
In its claim, PHI Americas Limited, the applicant for a permanent air operator’s certificate (AOC), contended that TTCAA had a responsibility to grant temporary operating permission pending the provision of a formal air operator’s certificate. It argued that TTCAA’s certification process involved unreasonable delays and that, short of receiving temporary permission to conduct commercial operations, would lead to financial ruin.
The Wicks Group, through an affidavit to the court, countered the operator’s sought relief by challenging the notion of temporary operating authority. The affidavit explained that there is no provision in the International Civil Aviation Organization (ICAO) Annexes for a temporary AOC and that the provision of such authorization would undermine the country’s legal obligations to issue an AOC in accordance with international standards.
As with any responsibility set forth by ICAO, a specialized agency of the United Nations, a contracting state must ensure that sovereign aviation standards meet or exceed ICAO-established obligations. In the context of certification, The Wicks Group highlighted the ICAO-mandated five phase process that all applicants must comply with before receiving authority to operate. In this particular case, PHI Americas Limited’s certification package was incomplete and The Wicks Group noted several deficiencies in manuals and submitted documents that would prevent completion of the five-phase process.
“In order to ensure the timely and complete certification of an operator, it imperative that both the civil aviation authority and the applicant adhere to the five-phase process,” said Glenn Wicks, Founder and Partner of The Wicks Group. “The integrity of the certification and the safety of the public is jeopardized when operators are allowed to bypass certain critical phases.”
As part of its claim against the TTCAA, PHI Limited employed a major United States law firm to serve as technical experts. Their experts filed a separate affidavit which argued that the operator did not seek a “temporary AOC” but rather requested that the operator’s parent company provide “interim service” in Trinidad and Tobago.
Justice Seepersad ultimately agreed with the arguments set forth by The Wicks Group and ruled that the law and regulations do not provide the Director General of Civil Aviation with the authority to exercise the discretion necessary to grant temporary permission to operate. Further, the judge rejected the notion that TTCAA acted in bad faith or with unreasonable delay and dismissed the idea that a proposed operator’s financial condition should be considered when matters of safety are at hand.
“The process and procedure that govern the grant of an AOC has to be shielded from any form of commercial pressure,” wrote Justice Seepersad in the ruling. “The law must always be followed to the letter.”
The Wicks Group is a multi-disciplinary legal and consulting firm that provides specialized services to clients with aviation and transportation-related interests world-wide. The firm advises countries across the globe on achieving their civil aviation development objectives, whether achieving compliance with standards of the International Civil Aviation Organization (ICAO) or providing specialized technical and legal counsel.
The firm has helped several countries become compliant with international standards of aviation safety oversight, including assisting Trinidad and Tobago attain FAA IASA “Category 1” status, the highest rating a country can receive from the FAA, in 2003/2004. During that process, The Wicks Group implemented new laws and regulations and helped Trinidad and Tobago recertify an airline in accordance with the new Trinidad and Tobago Civil Aviation Regulations.
For more information about The Wicks Group’s involvement in the recent case involving the TTCAA or to learn more about the firm’s legal and technical services, please contact Glenn Wicks (gpwicks@wicks-group.com).