The Thai Pilots Association plans to file a lawsuit against the Labour Ministry with the Administrative Court on Friday, seeking a temporary injunction to prohibit foreign pilots from flying domestic flights.
The move is regarded as a last-ditch effort after the cabinet allowed foreign pilots to temporarily operate domestic flights via wet lease agreements in December last year. The permission was to help airlines ease an aircraft shortage.
Teerawat Angkasakulkiat, president of the Thai Pilots Association, said the approval of foreign pilots affects Thai pilots and violates two laws: the 2017 Foreigners Working Management Emergency Decree and the 1954 Air Navigation Act.
Section 7 of the Labour Ministry's decree states foreigners are prohibited from operating domestic flights, he said.
Mr Teerawat said even though Section 14 allows exceptions under three circumstances -- national security, economic security, and the prevention of public disasters -- the government's argument that it supports the tourism industry is not an exception, as this reason is not related to economic security.
The Air Navigation Act indicates pilots on duty must be Thais, according to Section 44, unless there is approval by the director-general of the Civil Aviation Authority of Thailand (CAAT).
Mr Teerawat said because wet lease agreements consider pilots as officers on duty, and there was no exception announced by CAAT, the Labour Ministry and the cabinet have no authority to grant such permission and it violates the law.
"In the longer term, this will impact the aviation industry if wet lease agreements become a normal practice," he said.
Mr Teerawat said many local pilots are still unemployed, even though they are ready to start working.
Allowing foreign pilots to operate domestic flights has reduced employment opportunities for local pilots, he said.
The move may result in airlines reducing their investment in training Thai pilots, which would affect the stability of Thailand's aviation industry, said Mr Teerawat.
The association expects to file the lawsuit at the Administrative Court tomorrow.
He said the case could go either way, but the association must do its best to protect local pilots' employment.
The association is also concerned this temporary permission, which allows an extension for one year, will pave the way for a further extended period in the future, said Mr Teerawat.
