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The Civil Aviation (Operation of Aircraft-General Aviation Aeroplanes) Regulations, 2018

96. Request for exemption

Edition: 2022-12-31 · In force

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96. Request for 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 Kenya 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 will occur.
(2)Where the applicant seeks emergency processing, the application must contain supporting facts and reasons that the application was not timely filed, 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.
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Source: Kenya Law