Exemptions Application

Exemptions (Accepting Existing Non-Compliances)

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 for existing non-compliances, which are not possible to comply with due to a dynamic and unique environment.

The Director of Brunei DCA, if considered appropriate, grants an Exemption from provision(s) requirements under BAR 14 with appropriate conditions. However, before the Brunei DCA decides to exempt an aerodrome operator or certificate holder, all safety-related aspects must be thoroughly evaluated.

Applicant Responsibility

The obligation is on the applicant to provide a risk and evidence-based justification as to why the Brunei DCA should grant an Exemption. This applies regardless of what Exemptions an applicant may have been granted in the past.

To successfully assess an application, the Brunei DCA (Regulatory) requires documentation and supporting evidence that clearly supports the reasons for the Exemption request, including any proposed actions or conditions to maintain an appropriate level of safety.

Requests for Exemptions must be enclosed with safety risk assessments. This allows the Brunei DCA (Regulatory) to view proposals in context and reduces the time spent analyzing associated risks. Failure to provide adequate information will result in a delay or rejection in processing the application.

Legal Criteria

In order to grant an Exemption, the Brunei DCA must be satisfied in all cases that the risk to safety will not be significantly increased by granting the exemption. If satisfied, the Brunei DCA (Regulatory) will then consider the grounds as per current regulations. Appropriate evidence must be provided to demonstrate that these grounds are met.

Applicants must demonstrate that the risk to safety will not be significantly increased to provide assurance that all risks have been identified and mitigations are in place to keep safety risks as low as reasonably practicable (ALARP).

Internal Assessment Team & Processing

The Exemption will be reviewed by the internal Brunei DCA (Regulatory) assessment team to evaluate supplied documentation and supporting evidence with input from subject matter experts. They will provide an evidence-based recommendation for the Director's consideration.

The process may require a Brunei DCA technical, policy, and legal review before it is presented to the Director. Applications are prioritized alongside all other applications received; therefore, applicants should allow adequate time for their request to be processed.

How Do I Apply for an Exemption?

Download and complete the appropriate Exemption Form and send it to:

Notification & Transferability

Notification of Outcome: The Brunei DCA (Regulatory) will notify the applicant in writing of its decision.

Transferability: Exemptions are not transferable. They are not property and cannot be transferred from person to person or entity to entity. Exemptions are issued specifically to individual persons or legal entities. Should another entity wish to take advantage of an Exemption, it must apply for the same Exemption in its own right, which will be assessed on its own merits.

Non-Compliance & Revocation Conditions

Non-Compliance: If the Brunei DCA (Regulatory) finds that conditions of the granted Exemption are not being complied with, the Exemption will be revoked.

Grounds for Revocation: The Director may revoke an Exemption at the request of its holder or at any time in the interest of safety. Reasons include non-compliance with conditions or special circumstances where continuation of the Exemption may threaten aviation safety.

Revocation Notification: Revocations will be communicated in writing with reasons stated. General Exemptions may be promulgated on the DCA website.

Guidance Material & Contact Information

Additional guidance material regarding the Exemption process can be found in ADR 025 - Procedures for Accepting Non-Compliances in Aerodrome (Exemption).

Contact Us:
Email: aerodrome.regulatory@dca.gov.bn