ADVOKS GLOBAL · KENYA
Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018
127. Request for exemption- Review, Publication and Issue or Denial of the Exemption
Edition: 2018-05-11 · Repealed
127. Request for exemption- Review, Publication and Issue or Denial of the Exemption
(1)An application for an exemption shall contain the following—(a)a citation of the specific requirement from which the applicant seeks exemption;(b)an explanation of why the exemption is needed;(c)a description of the type of operations to be conducted under the proposed exemption;(d)the proposed duration of the exemption;(e)an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole;(f)a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question;(g)a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and(h)if the applicant seeks to operate under the proposed exemption outside of the Kenyan airspace, the application shall indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO) as well as the Regulations pertaining to the airspace in which the operation shall occur.(2)Where the applicant seeks emergency processing, the application shall contain supporting facts and reasons why the application was not filed in time, and the reasons it is an emergency.(3)The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption in a timely fashion.