Table of ContentsWhat is an Exemption Applicant Responsibility Legel Criteria Exemption Specialist Charges Processing Time Frequently Asked Questions Current Exemptions Part 19 Part 43 Part 61 Part 91 Part 101 Part 115 Part 119 Part 121 Part 135
A petition for exemption is a request to the Director of Civil Aviation to provide relief from any specified requirement in a Civil Aviation Rule made by the Minister of Transport. Under section 37 of the Civil Aviation Act 1990, the Director may, if considered appropriate, grant an Exemption from a rule requirement, with appropriate conditions. Before granting an Exemption, the Director will consider whether an applicant’s proposal provides a level of safety, or risk control, equivalent to that required by the existing rule. Aviation is a dynamic environment and individual circumstances vary, therefore the granting of a similar Exemption in the past is not justification for the granting of another Exemption. Each Exemption will be assessed on its own merits, with reference to the most up to date information.
The onus is on the applicant to provide a risk and evidence based justification as to why the Director should grant an Exemption. This applies regardless of what Exemptions an applicant may have been granted in the past. To be able to successfully assess an application, the CAA requires the documentation and supporting evidence to clearly support the reasons for the Exemption request, including any proposed actions or conditions to maintain an appropriate level of safety. Petitions should be accompanied by safety and risk assessments. This will allow the Director to view proposals in context and should reduce CAA time spent analysing any associated risks. Failure to provide adequate information will result in a delay in the processing of the application while the CAA seeks the information necessary for it to consider the application.
In order to grant an Exemption the Director will need to be satisfied in all cases that the risk to safety will not be significantly increased by the granting of the exemption. If satisfied of this, the Director will then consider the grounds in section 37(2) of the Civil Aviation Act 1990. It is essential that appropriate evidence is provided to demonstrate that these grounds are met.
The grounds in section 37(2) are:
- the requirement has been substantially complied with and that further compliance is unnecessary; or
- the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
- the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
- events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case –
Applicants need to demonstrate that the risk to safety will not be significantly increased by the granting of the Exemption and identify which of the above grounds in section 37(2) they are proposing to rely on for an Exemption. This is to provide assurance that all risks have been identified and mitigations are in place to ensure that risk to safety is kept as low as reasonably practicable.
The role of the CAA Exemptions Specialist is to assess the documentation and supporting evidence supplied, with input from subject matter experts, and provide an evidence based recommendation for the Director’s consideration. Therefore, the information and evidence supplied will directly affect the recommendation put forward to the Director. The Exemption process requires a CAA technical, policy and legal review before it is presented to the Director. Additionally, applications are prioritised alongside all other applications received. Therefore, applicants should allow adequate time for their application to be processed.
The charges associated with the processing of an Exemption request are promulgated in the Civil Aviation Charges Regulations (No2) 1991. Applicants will be invoiced at the CAA Standard Rate hourly charge. These charges apply whether or not the petition is granted. The CAA may send progressive invoices.
An Exemption goes through a robust and structured assessment by a number of CAA personnel before it is presented to the Director. This assessment process takes time and must be planned with consideration for other CAA work. Therefore an applicant should submit an Exemption petition at least 90 days in advance. This will ensure the Exemption decision is received before the date it is required, and provides adequate time for the applicant to implement a fallback strategy if the Exemption is declined. The CAA will consider an application inside this 90 day window, but there should be no expectation that a short-notice request will receive urgent or priority attention, particularly if the applicant has known about the situation for some time.
How do I apply for an Exemption?
Complete the form below, and email to firstname.lastname@example.org, or post to: Exemption Specialist, PO Box 3555, Wellington 6140.
Who may apply for an Exemption?
Anyone can apply for an Exemption. It is important to remember that the final decision lies with the Director of Civil Aviation. The Director may grant an Exemption with appropriate conditions, to any person, aircraft, aeronautical product, aerodrome, or aviation-related service from any specified requirement in any rule made under the Civil Aviation Act 1990, Section 28, 29A, 29B, or 30.
How will I be notified of the outcome of my application?
The CAA will notify the applicant in writing of its decision.
Are Exemptions transferable
No, an Exemption is not transferable. They are not property and cannot be handed from person to person. Exemptions are generally issued to individual persons or specific legal entities, should another entity wish to take advantage of an Exemption, it must apply for the same Exemption in its own right. Each application will be assessed on its own merits at the time of the application.
What happens if I don’t comply with the conditions of the Exemption?
If the CAA finds that you are not complying with the conditions of the Exemption, it will result in the exemption being revoked.
When will an Exemption be revoked?
The Director may revoke an Exemption on request of its holder. The Director may also revoke an Exemption at any time in the interest of safety. This could be due to the applicant not complying with the conditions of the Exemption, or special circumstances where the Director has become aware that the continuation of the Exemption may threaten aviation safety.
How will I know if an Exemption has been revoked?
Where the Director revokes an Exemption, it will do so in writing to the holder of the Exemption and will state the reasons for the revocation. In the situation of the revocation of a general Exemption, the revocation will be promulgated on the CAA web site.
|Docket #||Description||Issue date||Expiry date|
|Part 19 Transition Rules|
|11/EXE/7||Exemption from the Requirement in Civil Aviation Rule CAR 19.207 (3)||01 Dec 2010|
(PDF 990 KB)
|Exemption from the Requirement in CAR 19.205(a) and the requirement in CAR 19.207(1)(ii)||26 May 2017|
|Part 43 General Maintenance Rules|
|15/EXE/10||Exemption from the Requirement in Civil Aviation Rule CAR 43.54(a)(1)(ii) and (2)||30 Jul 2014|
|14/EXE/28||Exemption from the Requirement in Civil Aviation Rule CAR 43.113(b)(2)||14 Jan 2014|
|14/EXE/55||Exemption from the Requirement in Civil Aviation Rule CAR 43.151(a)||14 Jan 2014|
|Part 61 Pilot Licences and Ratings|
(PDF 673 KB)
|Exemption to CAR 61.5(a) Requirement for pilot licence and ratings, only with respect to the requirement to hold an RPL for the purpose of exercising the privileges of an RPL||05 Jan 2018||31 Dec 2022|
(PDF 719 KB)
|Exemption to CAR 61.701(c) Eligibility (Agricultural Ratings)||05 Jan 2018||31 Dec 2022|
(PDF 837 KB)
|Exemption from the Requirements in Civil Aviation Rule CAR 61.701(a)(8), (b)(3) and 61.703(c)||19 Jul 2016||30 Jun 2017|
|15/EXE/23||Exemption from various Requirements in Civil Aviation Rules applicable to pilots holding military qualifications||05 Nov 2014|
|13/EXE/95||Exemption from the Requirement in Civil Aviation Rule CAR 61.307(a)||19 Aug 2013|
|2/EXE/27||CPL(Balloon) Flight review||19 May 2006|
|Part 91 General Operating and Flight Rules|
(PDF 917 KB)
|Exemption from the Requirements in Civil Aviation Rules CAR 91.109 and 91.709(c)(2) in relation to Appendix A.26||11 Jul 2016|
(PDF 698 KB)
|Exemption from the Requirement in Civil Aviation Rule CAR 91.249(a)(3)||06 Jan 2016|
|15/EXE/38||Exemption from the Requirement in Civil Aviation Rule CAR 91.7(a)||25 Jun 2015|
|14/EXE/80||Exemption from the Requirement in Civil Aviation Rule CAR 91.535 (d)(3)||19 Mar 2014|
|14/EXE/27||Exemption from the Requirement in Civil Aviation Rule CAR 91.615 (a)(1)(i)||07 Jan 2014|
|14/EXE/24||Exemption from the Requirement in Civil Aviation Rule 91.501 (1)||10 Sep 2013|
|10/EXE/58||Exemption from the Requirement in Civil Aviation Rules 91.419 (c)(2) (i) and (ii)||05 Jan 2011|
|9/EXE/47||Exemption from the Requirement in Civil Aviation Rule 91.703(d)(3)||26Feb 2009|
|7/EXE/97||Exemption from the Requirement in Civil Aviation Rule 91.207(a)||06 Mar 2007|
|7/EXE/28||Exemption from the Requirement in Civil Aviation Rule 91.7(a)||09 Jan 2007|
|6/EXE/23||Exemption from the Requirement in Civil Aviation Rule 91.7(a)||22 Dec 2005|
|Part 101 Gyrogliders and Parasails; and Unmanned Balloons, Kites, Rockets, and Model Aircraft – Operating Rules|
|14/EXE/56||Exemption from the Requirement in Civil Aviation Rule 101.205(a)(3)||14 Jan 2014|
|Part 115 Adventure Aviation – Certification and Operations|
|14/EXE/120||Exemption from the Requirements in Civil Aviation Rule 115.77(c) and 115.101(b)(1)||23 Jun 2014|
|14/EXE/117||Exemption from the Requirement in Civil Aviation Rule 115.357(3)(i)||20 Jun 2014|
(PDF 260 KB)
|Exemption from the requirement in Civil Aviation Rule 115.357(3)(i)||19/04/2013|
|14/EXE/73||Exemption from the Requirement in Civil Aviation Rule 115.357(3)(i)||21 Feb 2014|
|Part 119 Air Operator - Certification|
|11/EXE/1||Exemption from the Requirement in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3)||28 Jan 2014|
|Part 121 Air Operations - Large Aeroplanes|
|7/EXE/72||Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3)||30 Jan 2007|
|14/EXE/20 (1)||Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3)||25 Sep 2013|
(PDF 272 KB)
|Exemption from the Requirement in Civil Aviation Rule 125.361 (d)(7)||01 Feb 2017||30 Jan 2019|
|7/EXE/72||Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3)||30 Jan 2007|
|14/EXE/20 (2)||(Amended) Exemption from the Requirements in Civil Aviation Rules 125.77(d)(3)||25 Sep 2013|
|14/EXE/101||Exemption from the Requirements in Civil Aviation Rules 125.607 and 125.611||27 May 2014|
|14/EXE/119||Exemption from the Requirement in Civil Aviation Rule 125.557 (d)(1)||25 Jul 2014|
|Part 135 Air Operations - Helicopters and Small Aeroplanes|
(PDF 749 KB)
|Exemption from the Requirement in Civil Aviation Rule 135.369||13 Apr 2017||30 Apr 2022|