Captain Ibrahim Mshelia is Chief Executive Officer at West Link Airlines Limited. In this interview with The Travelport, he speaks about the activities of Civil Aviation Authorities, aircraft fleet age and bares his mind on other safety issues, among other things.
Excerpts:
Aviation sector over-regulated?
Aviation cannot be over regulated, aviation has a process, it is one of the most regulated industries in the world, but it is also the normal thing, so any aviator would readily acknowledge it is the most regulated but to say over-regulated, I don’t think this is correct. Yes, there is overzealousness in some cases by individuals but the regulation itself is very clear and when it’s made, it is proposed to stakeholders and when amendments are made, our voices are taken into account and then the regulation comes out.
Even though, the current regulation needs more of our voices because when they were passed into law there were some side complaints of insufficient time given for contributions, but then it was due to an upcoming external audit or so I gathered. But aviation in itself needs to be regulated the way it is, but whether there are lacunas here and there obviously there are.
I don’t know of anybody who likes the CAA. I’ve operated in the US, nobody likes the FAA, I’ve operated in Ghana and most of them don’t like the Ghana CAA, I’ve operated in Gabon, same thing, I’ve operated in Cameroon same thing, I’ve operated in Malabo, Equatorial Guinea same thing, Sierra Leone, Dakar, Senegal..I’ve operated around the world, CAA is CAA, it’s just the way the world is.
Quite frankly, there is a Nigerian factor in almost everything we do, so we don’t say that is the CAA even we the operators too, there are Nigerians factors in our attitude but as far as safety is concerned we would never have made the FAA category 1 if we are not doing things right, we are doing things right.
Thoughts on Azman incident and NCAA
As for the last incident that occurred, the CAA certifies you by watching you demonstrate how safely you operate and believe it or not most of the books we wrote them and gave it to them to approve for us. It is a template that ICAO recommended so they make their regulations based on that. An operator is responsible for his day-to-day operations and safety and NCAA is just to make sure they do it right and if you don’t, they just come in there and stop you. We are actually supposed to be the ones regulating and maintaining for ourselves. NCAA needs to take a knock for that particularly those things that are meant to be comprehension issues. There is always a yardstick before you become a pilot, you have to be age 17, minimum. If you go to some schools they’d say you have to have English and Mathematics minimum, my school adopted the same and the reason is simply because flying is a science and when you know Mathematics and English you’d be able to comprehend the teachings of aviation and aerodynamics and co. So it makes it easier when you have that background. It’s like a foundation but it does not also necessarily mean that you cannot achieve the same result doing it differently. So what CAA has done in that case where they need to get a knock is because, they were complacent in certifying the key post holders, you must have post holders that are qualified and if you have key post holder who is suppose to be at the helm directing affairs, he must comply with certain minimum standard just as ICAO says for the CAA man to inspect you and we hammer on that , we insist that the CAA must make sure that who they send to inspect must have qualifications equivalent to those they are coming to inspect or above.
Now, it looks like there are lapses on their side and so they allowed lapses on the other side. To be an accountable manager or a key post holder, you have to be qualified even go through an interview, even that interview must be English, he has to understand. The duty of an accountable manager is simplified but actually difficult as he must understand the workings and what he is expected to do with this your company. The answer is yes, they tick it, but do you really understand? There will be maintenance issues coming up, for the tyre issue.
Ban on use of aircraft of over 22 years
First of all, I am not aware of any country including Nigeria that bases airworthiness of aircraft on age. Once the aircraft can meet the certification requirements for Certificate of Airworthiness (C of A), it is issued to that aircraft and Owner, the certificate signifying that the aircraft is safe to fly.
It’s not scientifically correct to restrict importation on age and we have said this times without number, today a professional colleague is minister, we hope these are some of the things he will reverse before he leaves. The initial 22 years ban were best left as politically motivated for reasons that no longer exists, so why is it still there?
To give a 22 year life sentence for Nigerian registration is premature. I call on the federal government to please remove that from the laws so NCAA can do their job. That’s for NCAA actually to determine and not the ministry and or National Assembly. The 22-year ban was done then during the time of Kema Chikwe as minister and the National Assembly of that time. Haba! it’s encouraged that laws be revised every 10 years, it’s been over 20 years and nobody seem to be making any efforts to delete this very bad anti development law in my opinion.
A plane only flies when a properly trained and certified pilot is on it flying it. For a serviceable aircraft and a qualified pilot to fly, they also need a 3rd approval to do so: It is either it is flown for commercial purposes or private use. Both require prior permits or licenses before you can operate the plane(s). So aircraft is not like a car that you have road worthiness and drivers license then start your car and start moving!! No!, Cars and planes are different kettles of fish.
For private use, you are not subjected to rigorous procedures for maintenance and operation as the commercial where Air Operator Certificate (AOC) is required. In essence, CAA is there to ensure passengers who pay their money are served and served safely and in accordance with approved demonstrated ability and quality. So, it’s a high risk and illegal to fly passengers for reward or payment when you are not certified. In case of accident in such cases, even the insurance will smile away because commercial passengers are only insured on airplanes operated by approved AOC holders.
Fleet age and safety
Age is not a factor of serviceability, but yes ageing aircraft program can be more expensive but not out of scope for operators to comply. Again, aircraft are designed to last based on material test and capabilities of airframes among other things. A non-pressurized airframe will have to be damaged or corroded before it becomes a concern for safety. The pressurized airframe however is designed based on tested design circles. Each time you take off and land with a pressuring airframe, you add stress to cabin as you pressurize and wings when you land. The manufacturer counts each flight (takeoff and landing) as a circle.
Now, some manufacturers can design airframes to go up to 30 to 60,000 circles or even more now. Let’s now look at a typical Nigerian airline which does average 4 flights with one particular aircraft per day and Monday to Friday as weekends are usually used for maintenance and light schedule ( so, we will add 10percent at the end to compensate for the weekends).
Four flights a day at 5 days per week in 52 weeks of the year will be; 1,040 circles. So, if we divide, based on say an assumed first lifespan circle of 30,000 circle. 1,040 annual circles will be 28 years. And mind you, this can also go through a D check and be renewed again for whatever the test determines or even another 30,000 circles etc. Don’t forget too that no plane can fly continuously back-to-back for 28 years; they will probably fly average of 8 to 10 months in a year. So, take average of 9 months. That should extend the first life by 28 by further 3month annually which is additional 7 years. So, the first circle for that aircraft before overhaul will be 35 years minimum. 22 years therefore is a far cry!!
When do you think an aircraft is no longer serviceable?
When the manufacturer’s circles are reached and material failures cannot be guaranteed and therefore aircraft is unable to pass certain laid down ageing program maintenance checks and fail to pass a C of A inspection. Then that aircraft is scrapped. Or if the owner feel like he does not want the plane anymore and scraps it. There are too many technicalities that should not be politicised. Those who take decision don’t know and therefore rely on consultants. There are so many armchair “consultants” these days. A real professional will wait to be invited. Those in office should be weary of those who throw themselves at them claiming to be experts under all sorts of names these days. Otherwise we will never discard some of these obnoxious rules that hinder General Aviation (GA) growth. When GA grows, everything grows!!!
Failure to establish a viable MRO as promised by the minister
As for that one, I did not believe it because I took it as campaign rhetoric. So I am not disturbed, disappointed or expecting it at all because I did not commit it to heart. How can a government without even a strong and competitive flag carrier tell you they will setup up MRO and you believe?
High cost of flight tickets
Well, the only way is to start General aviation, ease the process and allow more competition. That’s the most civil solution. If I have an airline flying for less, I will choose that cheaper one. But when there seem to be a gang up between the few available, then they can do what they want. You also cannot stop them. It’s a matter of choice and when a provider chooses to exploit or take advantage, then the client can choose to use alternatives available or cancel. More airlines are coming on stream, this will mitigate this problem. In defense of the airlines, there are many factors that affect ticket pricing in Nigeria. Aviation does not enjoy oil money anymore. The agencies have to employ people above what they need because there is pressure from all over. They also have to generate what they use to pay the staff, develop infrastructure and maintain them. Not only that, they have to contribute to the federation account some 25 per cent of income or so. I am not sure of the figure but I think 25 per cent or so. Airlines are faced sometimes with fuel price increase like every other day. More labour force at the agencies because they are forced to employ everyone and must pay salary and sustain them at work. How can they do these without taxing the airlines heavily?
I feel those who advised the Government to remove the Aviation ministry from Federal subvention should go back and re-jig the ideas and re- advice Government to amend the decision. Even funding the salaries from the subvention will ease the agencies and cause a huge relief from the burden. Ideally, the number of staff are just way more than required but because we must give employment to citizens, by all means why not. But we must also try not to over milk the cow because we may soon end up without any. Its government responsibility to provide all sorts of security including jobs, let them pay them directly while the agencies use them.
Also, inconsistent fuel pricing, airlines paying duty for spares even when government has granted waivers etc. As I speak, I still pay duty for all parts I import to service our aircraft. I don’t even know if there is anything we produce locally that we use to operate our aircraft these days besides just catering. Depending on imports for everything and yet-duty waivers granted are still being collected from operators is part of what’s making the citizens and travelers pay more. Operators have to recover their investments. They are encouraged by same system to also recover their costs. Government therefore holds the final say on these.