Helitours to Jaffna with expired licence

Passengers told to sign broken English document saying they are travelling at their own risk

By Namini Wijedasa-Sunday, June 28, 2015

Helitours, the Air Force’s domestic air service, has been ferrying passengers to and from Jaffna in an aircraft with an expired Certificate of Airworthiness on the basis that the passengers are responsible for their own lives, the Sunday Times has found.
The Civil Aviation Authority (CAA) confirmed that the annual Certificate of Airworthiness for the Xian MA60 that Helitours operates to Jaffna has lapsed. The CAA has sought assistance of the International Civil Aviation Organisation (ICAO) to determine whether it can be renewed.

The CAA was particularly concerned that the Xian MA60 line of aircraft was not certified by the European Aviation Safety Agency or the U.S. Federal Aviation Administration (FAA), CAA Director General H.M.C. Nimalsiri said. Several other countries have warned their nationals against flying on these aircraft, according to information published on the internet. “We found deficiencies highlighted by US and European safety agencies,” Mr. Nimalsiri said. “We have written to the ICAO for help to see whether the aircraft meets international standards. In the meantime, the Certificate of Airworthiness, which is usually valid for one year, lapsed.”

Sri Lanka’s Civil Aviation Act states that, “No aircraft registered in Sri Lanka shall fly within or outside the territory of Sri Lanka, unless it carries on board a valid Certificate of Registration and a Certificate of Airworthiness.” However, Helitours continues to operate the MA60 without this document.

Instead, passengers are being required to sign a comprehensive indemnity agreement to shield the company against financial claims in the event of loss, injury or death. This means that civilians boarding the Helitours passenger flight to and from Jaffna are responsible for their own safety and are travelling at their own risk.

It is not permitted for passenger airlines to issue indemnity documents to travellers. The agreement is also phrased in such a way that the name Helitours is not mentioned anywhere.  However, passengers are flown on board an aircraft emblazoned with the Helitours livery and issued Helitours tickets.

“Basically, we have an administrative issue right now with the CAA which has actually been resolved but, since we are going into the weekend, we will not get documentary proof of it till tomorrow,” Air Force Spokesman Gihan Seneviratne said. “It is a legal requirement, therefore, to issue an indemnity form for this short period,” he elaborated. “It is an interim measure. Safety and security standards are not compromised. This is just an administrative formality which will be sorted out.”

After checking with the relevant Air Force official (who is not authorised to speak directly to media), the spokesman also maintained that each passenger is notified of the reason for being asked to sign the agreement.  “They are informing every passenger what the reason is,” he said. “The passengers are also told in advance that they can get their tickets refunded if they do not wish to travel.”

Authoritative CAA sources said it was unlikely the matter would be resolved by tomorrow. A passenger who sent an indemnity form to the Sunday Times said he had not been told why it was being issued. The agreement is called a “form of exclusion of liability and indemnity” and is broad in application. It is also poorly drafted. Here it is verbatim, without corrections:

“In consideration of being carried at my request as a passenger in air craft owned and/or possessed by the government of republic of sri lanka Air Force or an authorized officer or airmen of the said air force and maintained me and operated by on behalf of the government, I hereby agreed and undertake neither my heirs nor executors, and administrators will make or be entitled to many any claim for damages against the government of republic of Sri Lanka in respect of any loss or injury however caused me (including injury resulting in death) or to property owned or possessed by me sustained while or in consequence of my being carried which shall including but not be limited to any injury loss damage sustained on board.”

The second paragraph states: “The air craft or in the course of any operations or disembarking and whether it be occurred by negligence or any other act or mission of any employed of the government or any other persons. I further astute that undertake or to be carry as a passenger at my risk and that no respect any which injury loss or damages will be paid to me or my heirs in executors, administrators by the government or by any employed.”

The third paragraph reads: “I also agree (and this agreement to shall bind my hairs exactors and administrators) that I shall indemnity the government of the republic Sri Lanka or its employees or in respect of any claim made by any third party against the government arising out of any act befouled on my part during or connection with the carriage.”

Helitours resumed domestic passenger flights in 2009, at the end of the war. It was able to edge out private sector competition by using Air Force resources and offering subsidised rates. All other commercial operators have now ceased scheduled flights.
The company’s MA60 aircraft were initially issued Certificates of Airworthiness by the CAA. “They have been operating and we had been renewing it (certificate) but when we see reports saying this aircraft was not certified by international safety authorities, we have to reconsider whether our process was right,” Mr Nimalsiri said.