An application for exemption is a request to the Director of Civil Aviation to provide relief from any specified requirement in a Civil Aviation Rule or Regulation made by the Minister of Transport.
Under sections 322 and 323 of the Civil Aviation Act 2023 (CA Act 2023), the Director may, if this is considered appropriate, grant an exemption from a rule requirement, with appropriate conditions.
The CA Act 2023 also allows applications for exemptions from regulations if the regulation expressly permits it (s 322(2)(b)). However, none of the current regulations provide for exemptions. Before granting an exemption, the Director will consider whether an applicant’s proposal provides a level of safety, or risk control, at least equivalent to that required by the existing rule.
Aviation is a dynamic sector, and individual circumstances vary, therefore each exemption is assessed on its own merits and specific circumstances, with reference to the most up-to-date information. However, we may consider if any similar exemptions have been granted or rejected recently.
Form 24011-02 Application for an exemption [DOCX 178 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 and security.
Applications 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 exemption request is consistent with the main purpose of the CA Act 2023 (a safe and secure civil aviation system). If satisfied of this, the Director will then consider the other requirements in section 322(3) of the CA Act 2023. It is essential that appropriate evidence is provided to demonstrate that the exemption requirements are met.
The full requirements in section 322(3) are:
(3) The Director must not grant an exemption under subsection (1) unless the Director is satisfied that –
(a) the extent of the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
(b) the exemption is consistent with the main purpose of this Act; and
(c) it is appropriate to grant the exemption after considering –
(i) The additional purposes of this Act; and
(ii) Consistency with relevant international standards (if any); and
(iii) Any other matter that the Director considers appropriate in the circumstances.
The Civil Aviation Authority has an Exemptions Policy, which will be published soon.
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 help determine 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 application is granted. The CAA may send progressive invoices.
An exemption application 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 application 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 |
