WILLEMSTAD – Flying too low carries significant risks: less time to react in the event of engine trouble, closer proximity to obstacles, and increased danger for people on the ground. For that reason, strict rules apply to minimum flight altitudes, and authorities may intervene if a pilot repeatedly violates those regulations.
That is precisely what occurred in Curaçao in the case of a pilot employed as a First Officer with Z Air and who also flies and provides instruction on a part-time basis through Falki Aviation, an aviation organization with branches in Curaçao and Bonaire.
The Gerecht in eerste aanleg van Curaçao has now ruled that government intervention was justified, but found that the imposed sanction was insufficiently substantiated and partly too severe.
Repeated Flights Below Minimum Altitude
According to the court, the pilot conducted several flights in early 2025 below the legally permitted minimum altitude. Some of the flights took place over built-up areas and near hills and transmission towers.
The court characterized the conduct as hazardous and unnecessary for takeoff or flight safety. The altitude rules exist specifically to prevent accidents, and violating them can create serious safety risks.
In response, the Minister of Traffic, Transport and Urban Planning, Charles Cooper, suspended the pilot’s licenses for 90 days. Additionally, his medical certificate was declared invalid with immediate effect, pending a new medical examination. Without a valid license or medical clearance, a pilot is not permitted to fly, which directly affected his work with Z Air and his activities with Falki Aviation.
Court: Sanction Insufficiently Motivated
However, the court criticized the minister’s decision for lacking sufficient justification. In particular, the ruling noted that the minister did not adequately explain why a 90-day suspension was chosen. The court also pointed to the considerable time lapse between the incidents and the decision — nearly ten months.
Because a suspension is primarily intended to prevent recurrence, the lengthy delay should have been more carefully considered, the court found.
As a result, the court reduced the suspension of the pilot’s licenses from 90 days to 75 days. The judge emphasized that the pilot’s conduct was serious enough to warrant disciplinary measures.
Medical Certificate Suspension Upheld
The suspension of the medical certificate, however, remains fully in effect. The court clarified that this measure is not punitive but precautionary. Given the multiple violations within a short period, the authorities were justified in questioning the pilot’s medical or mental fitness and requiring a renewed medical examination before allowing him to resume flying.
In practical terms, the pilot achieved only partial success in his appeal. The ruling underscores that structurally flying below minimum altitude can carry serious consequences, not only for the pilot but also for the aviation companies involved.
At the same time, the court sent a clear message to the government: severe sanctions must be carefully explained and properly substantiated.