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An exemption is a request by a certified aerodrome operator or Applicant of an aerodrome certificate to the Director of Civil Aviation to exempt an aerodrome operator or certificate holder from complying with specific provisions of BAR 14 Standard requirements.
Brunei DCA, if considered appropriate, grant an Exemption from a provision(s) requirement, with appropriate conditions. However, before the Brunei DCA decides to exempt the aerodrome operator or certificate holder, the Brunei DCA must take into account all safety-related aspects.
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.
The obligation 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 Brunei DCA 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.
Request of Exemptions shall be accompanied by safety and risk assessments. This will allow the Brunei DCA to view proposals in context and should reduce the time spent in analysing any associated risks. Failure to provide adequate information will result in a delay in the processing of the application while the Brunei DCA seeks the information necessary for it to consider the application.
In order to grant an Exemption the Brunei DCA 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 PART X, Section 54 of the Civil Aviation Order 2006. It is essential that appropriate evidence is provided to demonstrate that these grounds are met.
Applicants need to demonstrate that the risk to safety will not be significantly increased by the granting of the 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.
Exemption internal Brunei DCA assessment team
The role of the Exemption internal Brunei DCA assessment team 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 may requires a Brunei DCA 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.
Currently there is no charge associated with the processing of an Exemption request.
An Exemption goes through internal assessment by Brunei DCA personnel/team before it is presented to the Director. This assessment process takes time and must be planned with consideration for other Brunei DCA work. Therefore an applicant should submit an Exemption request at least months 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.
How do I apply for an Exemption?
Download and complete the appropriate
Exemption Form and send to:
Director of Civil Aviation Department of Civil Aviation Ministry of Transport and Infocommunications Brunei International Airport Bandar Seri Begawan BB 2513 Negara Brunei Darussalam
Who may apply for an Exemption?
Any internationally use or public use aerodromes or aerodrome certificate holders within Brunei Darussalam can apply for an Exemption. It is important to remember that the final decision lies with the Director of Civil Aviation. The Director may grant an Exemption with appropriate conditions to any aerodrome from any specified requirement or provision under the BAR 14.
How will I be notified of the outcome of my application?
The Brunei DCA will notify the applicant in writing of its decision.
Are Exemptions transferable?
No, an Exemption is not transferable. They are not property and cannot be handed from person to person or entity to entity. Exemptions are generally issued to individual persons or specific legal entities. Should another entity wish to take advantage of an Exemption, it must apply for the same Exemption in its own right. Each application will be assessed on its own merits at the time of the application.
What happens if I don't comply with the conditions of the Exemption?
If the Brunei DCA finds that you are not complying with the conditions of the Exemption after the Director has grant an Exemption with appropriate conditions, it will result in the Exemption being revoked.
When will an Exemption be revoked?
The Director may revoke an Exemption on request of its holder. The Director may also revoke an Exemption at any time in the interest of safety. This could be due to the applicant not complying with the conditions of the Exemption, or special circumstances where the Director has become aware that the continuation of the Exemption may threaten aviation safety.
How will I know if an Exemption has been revoked?
Where the Director revokes an Exemption, it will do so in writing to the holder of the Exemption and will state the reasons for the revocation. In the situation of the revocation of a general Exemption, the revocation may be promulgated on the DCA website.
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