A petition for exemption is a request to the Director of Civil Aviation to provide relief from any specified requirement in a Civil Aviation Rule made by the Minister of Transport.
Under section 37 of the Civil Aviation Act 1990, the Director may, if considered appropriate, grant an Exemption from a rule requirement, with appropriate conditions. Before granting an Exemption, the Director will consider whether an applicant’s proposal provides a level of safety, or risk control, equivalent to that required by the existing rule. 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.
24011-02 Section 37 petition for an exemption [DOCX 207 KB]
The onus is on the applicant to provide a risk and evidence based justification as to why the Director 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, the CAA 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. Petitions should be accompanied by safety and risk assessments. This will allow the Director to view proposals in context and should reduce CAA time spent analysing any associated risks. Failure to provide adequate information will result in a delay in the processing of the application while the CAA seeks the information necessary for it to consider the application.
In order to grant an Exemption the Director will need to be satisfied in all cases that the risk to safety will not be significantly increased by the granting of the exemption. If satisfied of this, the Director will then consider the grounds in section 37(2) of the Civil Aviation Act 1990. It is essential that appropriate evidence is provided to demonstrate that these grounds are met.
The grounds in section 37(2) are:
Applicants need to demonstrate that the risk to safety will not be significantly increased by the granting of the Exemption and identify which of the above grounds in section 37(2) they are proposing to rely on for an Exemption. This is to provide assurance 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 role of the CAA Exemptions Specialist is to assess the documentation and supporting evidence supplied, with input from subject matter experts, and provide an evidence based recommendation for the Director’s consideration. Therefore, the information and evidence supplied will directly affect the recommendation put forward to the Director. The Exemption process requires a CAA technical, policy and legal review before it is presented to the Director. Additionally, applications are prioritised alongside all other applications received. Therefore, applicants should allow adequate time for their application to be processed.
The charges associated with the processing of an Exemption request are promulgated in the Civil Aviation Charges Regulations (No2) 1991(external link). Applicants will be invoiced at the CAA Standard Rate hourly charge. These charges apply whether or not the petition is granted. The CAA may send progressive invoices.
An Exemption goes through a robust and structured assessment by a number of CAA personnel before it is presented to the Director. This assessment process takes time and must be planned with consideration for other CAA work. Therefore an applicant should submit an Exemption petition 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. The CAA 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.
Frequently asked questions about exemptions
| Docket # | Description | Issue date | Expiry date |
|---|---|---|---|
| General exemptions | |||
| Part 19 Transition Rules | |||
| Part 43 General Maintenance Rules | |||
| 15/EXE/10 [PDF 283 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 43.54(a)(1)(ii) and (2) | 30 Jul 2014 | |
| 14/EXE/28 [PDF 257 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 43.113(b)(2) | 14 Jan 2014 | |
| Part 47 Aircraft Registration and Marking | |||
| 24/EXE/45 [PDF 177 KB] | Exemption from the Requirements in Civil Aviation Rules 47.55(c) and 91.105(f)(1) | 6 June 2024 | 6 June 2029 |
| Part 61 Pilot Licences and Ratings | |||
| 18/EXE/21 [PDF 177 KB] | Exemption from the Requirement in Civil Aviation Rule 61.35(a)(1)(ii) | 17 May 2021 | 17 May 2026 |
| 15/EXE/23 [PDF 470 KB] | Exemption from various Requirements in Civil Aviation Rules applicable to pilots holding military qualifications | 05 Nov 2014 | |
| 13/EXE/95 [PDF 261 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 61.307(a) | 19 Aug 2013 | |
| 2/EXE/27 [PDF 52 KB] | CPL(Balloon) Flight review | 19 May 2006 | |
| Part 67 Medical Standards and Certification | |||
| Part 91 General Operating and Flight Rules | |||
| 24/EXE/45 [PDF 177 KB] | Exemption from the Requirements in Civil Aviation Rules 47.55(c) and 91.105(f)(1) | 6 June 2024 | 6 June 2029 |
| 23 EXE 23 [PDF 167 KB] | Exemption from the Requirements in Civil Aviation Rule 91.7 and 92.13 | 27 Jan 2023 | 27 Jan 2028 |
| 19/EXE/1 [PDF 173 KB] | Exemption from the Requirements in Civil Aviation Rules CAR 91.207(a)(2)(Amendment #1) | 18 Sep 2018 | 30 Sep 2025 |
| 16/EXE/34 [PDF 971 KB] | Exemption from the Requirements in Civil Aviation Rules CAR 91.109 and 91.709(c)(2) in relation to Appendix A.26 | 11 Jul 2016 | |
| 15/EXE/43 [PDF 697 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 91.249(a)(3) | 06 Jan 2016 | |
| 15/EXE/38 [PDF 514 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 91.7(a) | 25 Jun 2015 | |
| 14/EXE/80 [PDF 266 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 91.535 (d)(3) | 19 Mar 2014 | |
| 14/EXE/27 [PDF 254 KB] | Exemption from the Requirement in Civil Aviation Rule CAR 91.615 (a)(1)(i) | 07 Jan 2014 | |
| 14/EXE/24 [PDF 500 KB] | Exemption from the Requirement in Civil Aviation Rule 91.501 (1) | 10 Sep 2013 | |
| 10/EXE/58 [PDF 177 KB] |
Exemption from the Requirement in Civil Aviation Rules 91.419 (c)(2) (i), (ii) and (iii) (Amendment #1) |
05 Jan 2011 Amended on 04 Dec 2020 | 04 Dec 2025 |
| 9/EXE/47 [PDF 180 KB] | Exemption from the Requirement in Civil Aviation Rule 91.703(d)(3) | 26 Feb 2009 | |
| 7/EXE/97 [PDF 218 KB] | Exemption from the Requirement in Civil Aviation Rule 91.207(a) | 06 Mar 2007 | |
| 7/EXE/28 [PDF 223 KB] | Exemption from the Requirement in Civil Aviation Rule 91.7(a) | 09 Jan 2007 | |
| 6/EXE/23 [PDF 195 KB] | Exemption from the Requirement in Civil Aviation Rule 91.7(a) | 22 Dec 2005 | |
| Part 92 Carriage of Dangerous Goods | |||
| 23 EXE 23 [PDF 167 KB] | Exemption from the Requirements in Civil Aviation Rule 91.7 and 92.13 | 27 Jan 2023 | 27 Jan 2028 |
| 23/EXE/40 [PDF 189 KB] | Exemption from the Requirement in Civil Aviation Rule 92.203(a)(Amendment #2) | 19 Jan 2023 | 30 Jun 2025 |
| 22/EXE/51 [PDF 239 KB] | Exemption from the Requirements in Civil Aviation Rules 92.11(b), 92.15(a), 92.51(a), 92.55, 92.55(1), 92.57, 92.59, 92.105(a), 92.153 and 92.173 | 21 Oct 2022 | 21 Oct 2027 |
| Part 101 Gyrogliders and Parasails; and Unmanned Balloons, Kites, Rockets, and Model Aircraft – Operating Rules | |||
| 14/EXE/56 [PDF 224 KB] | Exemption from the Requirement in Civil Aviation Rule 101.205(a)(3) | 14 Jan 2014 | |
| Part 115 Adventure Aviation – Certification and Operations | |||
| 14/EXE/117 [PDF 271 KB] | Exemption from the Requirement in Civil Aviation Rule 115.357(3)(i) | 20 Jun 2014 | |
| 13/EXE/90 [PDF 260 KB] | Exemption from the requirement in Civil Aviation Rule 115.357(3)(i) | 19/04/2013 | |
| 14/EXE/73 [PDF 270 KB] | Exemption from the Requirement in Civil Aviation Rule 115.357(3)(i) | 21 Feb 2014 | |
| Part 119 Air Operator - Certification | |||
| 11/EXE/1 [PDF 253 KB] | Exemption from the Requirement in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3) | 28 Jan 2014 | |
| Part 121 Air Operations - Large Aeroplanes | |||
| 7/EXE/72 [PDF 176 KB] | Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3) | 30 Jan 2007 | |
| 14/EXE/20 (1) [PDF 253 KB] | Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3) | 25 Sep 2013 | |
| 7/EXE/72 [PDF 176 KB] | Exemption from the Requirements in Civil Aviation Rules 121.71(h)(2) and 125.77(d)(3) | 30 Jan 2007 | |
| 14/EXE/20 (2) [PDF 248 KB] | (Amended) Exemption from the Requirements in Civil Aviation Rules 125.77(d)(3) | 25 Sep 2013 | |
| Part 125 Air Operations - Medium Aeroplanes | |||
| 19/EXE/49 [PDF 173 KB] | Exemption from the Requirement in Civil Aviation Rule 125.361 (d)(7) - (Amendment #1) | 28 Feb 2020 | 31 Dec 2025 |
| Part 133 Helicopter External Load Operations | |||
| 22/EXE/51 [PDF 239 KB] | Exemption from the Requirements in Civil Aviation Rule CAR 133.65(b)(1) | 21 Oct 2022 | 21 Oct 2027 |
| Part 135 Air Operations - Helicopters and Small Aeroplanes | |||
| 17/EXE/28 [PDF 181 KB] | Exemption from the Requirement in Civil Aviation Rule 135.369 (Amendment #1) | 27 Apr 2022 | 30 Apr 2027 |
