Exemptions

Exemption Request Procedure:

With reference to KCASR 00 (Article 15 – Flexibility provisions), Kuwait’s Director General of Civil Aviation (DGCA) is authorised to grant exemptions from specific regulatory requirements. These exemptions may be issued upon receiving a formal application or at the DGCA’s discretion if the circumstances justify such action. Each exemption is carefully assessed to ensure that civil aviation safety remains uncompromised and is subject to the terms and conditions specified by the ASD Authority.

All exemptions must be issued in writing, duly signed, and formally approved by the ASD director. In critical cases, the ASD Director may consult or seek the endorsement of the President of the Directorate General of Civil Aviation (DGCA) or an authorised delegate.

This framework provides necessary regulatory flexibility while upholding the highest aviation safety standards within Kuwait.

Criteria for Exemption Requests:

Exemptions will be evaluated based on:

1. Risk Assessments (by the applicant): Ensuring the proposed mitigation measures address all associated safety risks.
2. Applicant Qualifications and Experience: Demonstrating competency relevant to the exemption request.

Note: The term “exemption” encompasses exceptions, deviations, waivers, and extended operational deadlines.

Application Process:

Applicants seeking an exemption must submit the following:

1. Application Form: A duly completed DGCA Form 1004.
2. Risk Assessment Report: Addressing and mitigating relevant safety risks.
3. Supporting Information: Including but not limited to:
   • Applicant’s name and contact details.
   • Specific KCASR requirements for which the exemption is requested.
   • Justification for the exemption, including:
     • Reasons for the request (e.g., urgent operational needs, limited-duration requirements).
     • A statement based on the risk assessment ensures that aviation safety will not be jeopardized.
     • Evidence supporting the request, such as training certifications, experience records, or foreign licenses …etc.

Evaluation and Approval Process:

1. Initial Review: The ASD Director assigns the request to the relevant division for evaluation.
2. Assessment: The assigned inspector reviews the application, including supporting documentation, and prepares a comprehensive evaluation report.
3. Recommendation: The Head of the respective division submits a recommendation for approval or denial to the DGCA President or ASD Director.
4. Final Decision: Exemptions are approved or denied based on the evaluation and recommendation.
5. Conditions of Approval: Granted exemptions may include operational limitations or conditions as deemed necessary by the DGCA.

Exemption Fees:

All exemption requests are subject to applicable fees as outlined in KCASR 27. Fees may vary depending on the nature and frequency of the request. Applicants should consult the fee schedule in KCASR 27 or contact the Aviation Safety Department for specific details. Repeated exemption requests within a 12-month period may incur progressively increasing fees as per the DGCA Exemption Fees Policy.

Documentation and Publication:

1. Record-Keeping: All granted exemptions are recorded and maintained by the ASD.
2. Public Notification: Exemption details are published on the ASD website, including the Exemption status:
   • Exemption Active, or
   • Exemption Inactive, or
   • Exemption Cancelled.

Validity and Duration:

• Exemptions will include a specified effective period.
• Renewal or extension requests must follow the same procedure and justify the continued need.
• The DGCa may suspend or revoke the granted exemption at any time incase applicant did not conform to minimum safety standards.

Repeated Exemption Requests:

• If an operator or applicant submits multiple exemption requests related to the same regulation or operational requirement within a consecutive 12-month period, the Aviation Safety Department (ASD) shall:
  • Review the history of previous exemptions granted.
  • Assess the cumulative risk impact of repeated exemptions.
  • Require the applicant to demonstrate additional mitigation measures or corrective actions to address the root cause necessitating repeated exemptions.
  • Consider limiting or denying further exemptions if it is determined that the operator is using exemptions as a substitute for achieving full compliance
• Repeated exemptions may trigger a compliance investigation or a requirement for an improvement plan by the operator.
  • The ASD may apply progressive conditions, including: o Reduced exemption validity periods. Stricter monitoring and surveillance requirements.
  • Application of incremental administrative fees if applicable by DGCA policy.

Exemption Table: