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 approved by the Minister. 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.
Petitions should be accompanied by safety and risk assessments. 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.
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. It is essential that appropriate evidence is provided to demonstrate that these grounds are met.
The grounds 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 –
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. The Exemption process requires a CAA technical, policy and legal review before it is presented to the Director.
Applicant should submit an Exemption petition at least 90 days in advance. 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.
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Frequently Asked Questions (FAQs)
How do I apply for an Exemption?
Complete the form below, and email to firstname.lastname@example.org, or post to: Exemption Specialist, Post box 17120 Chinggis Khaan International Airport, Khan-Uul district, 10th province, Buyant-Ukhaa, Ulaanbaatar, Mongolia.
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 1999.
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 website.