Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 11 : Procedures for making regulations and technical standards, granting exemptions and notifying differences

Subpart 4 : Procedure for granting of exemptions and recognition of alternative means of compliance

11.04.2 Application for exemption

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(1)An application for an exemption shall be made to the Director in the appropriate form and shall—
(a)state the name and address of the applicant;
(b)state the requirement from which exemption is requested;
(c)explain the interests of the applicant in the exemption requested, including the nature and extent of the exemption requested and a description of each person or thing to be covered by the exemption;
(d)contain any information, views or arguments supporting the application;
(e)explain why the applicant believes that the exemption should be granted, including the reasons why it would not be possible or desirable to comply with the requirement which is the subject of the application, as well as the extent to which the exemption may affect aviation safety; and
(f)include a summary of the application which summary shall contain a reference to the requirement from which exemption is requested and a brief description of the general nature of the exemption requested.

 

(2)An application for an exemption referred to in subregulation (1), shall be accompanied by the appropriate fee prescribed in Part 187 and shall be—
(a)submitted at least 30 days, or such shorter period as the Director may allow on good cause shown, before the proposed effective date of the exemption.
(b)processed within 15 working days from the date of submission thereof unless the circumstances of the exemption dictates otherwise.

[Regulation 11.04.2(b) substituted by regulation 3(b) of Notice No. R. 984, GG 41915, dated 21 September 2018 (Nineteenth Amendment of the Civil Aviation Regulations, 2011)

 

(3)In case where an application for exemption cannot be processed within the periods referred to in subregulation (2) the Director shall notify the applicant and in the case of urgent exemptions adjust the applicable fee.

 

[Regulation 11.04.2 substituted by regulation 3(c) of Notice No. R. 1349, GG 40376, dated 28 October 2016 (Fourteenth Amendment of the Civil Aviation Regulations, 2016)]