ADVOKS GLOBAL · KENYA
The Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations
42. Requirements for application for exemption
Edition: 2018-07-06 · In force
42. Requirements for application for exemption
(1)A person may apply to the Authority for an exemption from any provision of these Regulations.(2)Unless in case of emergency, a person requiring exemptions from any of these Regulations shall make an application to the Authority at least sixty days prior to the proposed effective date, giving the following information—(a)name and contact address including electronic mail and fax if any;(c)a citation of the specific requirement from which the applicant seeks exemption;(d)justification for the exemption;(e)a description of the type of operations to be conducted under the proposed exemption;(f)the proposed duration of the exemption;(g)an explanation of how the exemption would be in the public interest;(h)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;(i)a safety risk assessment carried out in respect of the exemption applied for;(j)if the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization; and(k)any other information that the Authority may require.(3)Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified in subregulation (2) and satisfactory reason for deeming the application an emergency.(4)The Authority may in writing, refuse an application made under subregulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.(5)The application for exemption shall be accompanied by fee prescribed by the Authority.