An exemption is a request to the CAAF CE to provide relief from any specified requirement in the Fiji Air Navigation Regulations and the CAAF Standards Documents.
Section 147 of the Fiji Air Navigation Regulations, CAAF may, if considered appropriate, grant an Exemption from a requirement, with appropriate conditions. Before granting an Exemption, CAAF will consider whether an applicant’s proposal provides a level of safety, or risk control, equivalent to that required by the existing regulation or standard. 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 CAAF 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, CAAF 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. Applications must be accompanied by safety and risk assessments. This will allow CAAF to view proposals in context and will minimize time spent by CAAF analyzing any associated risks. Failure to provide adequate information will result in the application being declined.
In order to grant an Exemption, Applicants need to demonstrate to CAAFs satisfaction, 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 all risks have been identified and mitigations are in place to ensure that risk to safety is kept as low as reasonably practicable.
The charges associated with the processing of an Exemption request vary on the amount of time spent reviewing the application and will be at the CAAF Standard Rate hourly charge. These charges will apply whether or not an exemption is granted. CAAF may send progressive invoices.
Process and Processing time
The Exemption process requires CAAF technical, policy, and legal review by CAAF subject matter experts. The information and evidence supplied will directly affect the recommendation put forward to the CAAF CE. Applicants should allow adequate time for their application to be processed.
This assessment process takes time and must be planned with consideration for other CAAF work. Therefore an applicant should submit an Exemption application 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. CAAF 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.
For further information, refer to
- Laws of Fiji
- CAAF Standards Documents
- CAAF Application Forms
- CAAF Aeronautical Information Circulars
- CAAF Guidance Documents
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