Consultation on CAA Exemptions Policy in support of Basic Regulation Article 71 amendment (UK Regulation (EU) 2018/1139)
Policy proposal
As stated in the previous Consultation Response Document, during the development of the policy the CAA considered whether and, if so, how to:
- Establish clear criteria for the use of exemptions which are transparent and available to both the CAA and industry and which ensure that high standards of safety are maintained. This will include consideration of the existing requirements currently set out in the law;
- Ensure that exemptions are appropriately time-bounded;
- Ensure that the exemption process is clear and transparent;
- Ensure fairness and consistency in the application of the policy;
- Appropriately engage stakeholders within the process;
- Ensure that the application of the policy aligns with the UK’s ICAO obligations.
Regulation wording
The amended terms of Article 71 could be similar to the below:
Article 71
Flexibility provisions
1. Subject to paragraphs 2 and 3, the CAA may grant exemptions to any natural or legal person subject to this Regulation from the requirements applicable to that person pursuant to Chapter III or to regulations made under that Chapter.
2. Exemptions granted under this Article may not include exemptions from the essential requirements laid down in Chapter III.
3. Exemptions granted under this Article may include such conditions as the CAA deems appropriate.
Please note that final decisions on the language of legislation rests with the Secretary of State and so any amendments to and final language of Article 71 could look different.
The terms of Article 266 of the ANO is as follows (and no change is proposed):
Exemption from Order
266. The CAA may exempt from any of the provisions of this Order (other than articles 179, 230, 247, 250, 251, 252, 255, and 267) or any regulations made under this Order, any aircraft or persons or classes of aircraft or persons, subject to such conditions it deems appropriate.
Stakeholder views
The CAA is seeking stakeholder views on the proposed policy as to how it will exercise its discretionary powers to exempt from requirements in legislation below.