ADVOKS GLOBAL · KENYA
The Civil Aviation (Air Traffic Services) Regulations
98. Evaluation of the request for exemption
Edition: 2022-12-31 · In force
98. Evaluation of the request for exemption
(1)Where the application requirements have been satisfied, Evaluation of the the Authority shall conduct an evaluation of the request to include—(a)determination of whether an exemption would be in the public interest;(b)a determination, after a technical evaluation of whether the applicant's proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis;(c)a determination of whether a grant of the exemption would contravene these Regulations; and(d)a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.(2)The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision.(3)The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.(4)If the request is for emergency relief, the Authority shall publish the decision after processing the application.(5)If the exemption affects a significant population of the aviation community of the State, the Authority shall publish the summary in aeronautical information circular.