IT is not a straightforward process to establish a Borneo civil aviation authority (BCAA) to regulate the industry in Sabah and Sarawak, aviation expert Assoc Prof Mohd Harridon Mohamed Suffian said.

Citing the Federal Constitution, he said aviation-related matters are under the federal government, not the states.

He said there are other restrictions involved, particularly involving provisions under the International Civil Aviation Organization (ICAO).

“The establishment of BCAA, as has been proposed recently, has merit,” he told The Malaysian Insight, but said its development should be in line with regulations and protocols.

He said although the ICAO allows for Borneo to act as the authority in the designated region, it should however adhere to the processes and structures established by ICAO.

“Even if this approach is taken, there are myriad issues that would arise, such as the nature of relationship between the newly formed body and the parent entity, and the mutual practices of regulatory implementation and executions.

“These should be delineated discreetly to prevent any prominent issues that would transpire, and as such, the creation of BCAA is not a straightforward process.

Last week, Sabah Deputy Chief Minister I Jeffrey Kitingan said the time is ripe for the establishment of a BCAA to regulate the aviation industry in Sabah and Sarawak.

He said the new body can oversee aviation issues in Sabah and Sarawak, as well as look into ticket issues for flights in the two states.

At present, all aviation issues are overseen by the peninsula-based Civil Aviation Authority of Malaysia (CAAM).

Bornean branch of CAAM

Harridon said it would be better if a Bornean branch of CAAM is set up to handle aviation matters in the region.

He said a local chapter of CAAM used to exist in Borneo, but it was shut down.

“This branch can be responsible for various matters pursuant to issues that originate and relevant to Borneo.

“Perhaps this can be re-established,” he said.

Another suggestion was for the formation of an aviation commission in the region.

“Within this perspective, it would be much more viable to establish an aviation commission that caters to the needs and demands of Borneo instead of mitigating the structure of CAAM.

“The safety and technical aspects should still be under the jurisdiction of CAAM while the commercialisation, finances, business model, and matters related to economics of aviation would be adequately handled by a newly established Aviation Commission of Borneo (Avcob),” Harridon said.

Harridon said the development of Avcob would be facilitated by the Malaysian Aviation Commission Act 2015, which among others covers functionalities, jurisdiction, licences, permits, guidelines, air traffic slots, and flight operations.

“CAAM, which was corporatised, has to abide by operational and capital expenditures of its organisation, hence it would be financially amicable and justifiable to create Avcob instead of altering a facet of CAAM,” he said.

On the economics of aviation, Harridon said Indonesia’s decision to move its capital to Borneo would see a significant influx of air traffic to the region.

He said the establishment of Avcob could facilitate this scenario. – May 2, 2023.