Exemption From Nig.CARs Services

Exemption From Nig.CARs Services

It is a fundamental requirement under the Nigeria legal system that regulatory provisions will be applied universally and governs all members of the affected public equally. This enables each person to know what is required by the law and to act with the expectation that all persons to whom the law applies will be obeying the known requirements of that law. 

However, it has long been recognized that, due partly to the dynamics and complexities of aviation and its impact on the operating environment, in certain situations governed by law, there may be occasions when the regulation cannot or ought not to apply. In such cases, it may be appropriate to issue an exemption.

The Director General is empowered under the Civil Aviation Act and Nig. CARs Part 1.4 to grant an exemption from compliance with regulatory requirements only in exceptional situations when a regulation cannot apply, and if certain conditions are met.

The Nigeria Civil Aviation Regulations (Nig. CARs 2023) related to Exemption are:

·         Nig. CARs Part 1:  General Policies, Procedures and Definition: : https://ncaa.gov.ng/media/zhtfzpbf/nig-cars-part-1-general-policies-procedures-and-definitions.pdf

Ø  NCAA Schedule of Fees 6.54: https://ncaa.gov.ng/media/0bmgxnff/nig-cars-part-4-aircraft-registration-and-marking.pdf

The following Advisory Circular (AC) has been provided for additional insight into how to make a request for exemption from a regulatory provision.

NCAA-AC-GEN012:  Exemption, Deviations, Waiver or Authorizations https://ncaa.gov.ng/media/wsxoutin/ncaa-ac-gen-012-1.pdf 

To initiate the exemption from regulations process, applicants are required to complete and submit to the NCAA the following Airworthiness Forms and related documents:

Ø  Form AC-GEN012 : Exemption Request Formhttps://ncaa.gov.ng/media/jloiiptu/form-ac-gen012-exemption.pdf