An exemption under Article 71(1) of UK Regulation (EU) 2018/1139 (the UK Basic Regulation) permits flight in the UK airspace in case of urgent operational needs or urgent unforeseeable circumstances.
Why do I need to apply for an Article 71(1) exemption?
To obtain an exemption from the requirements for carriage and/or operation of an: airborne collisions avoidance system (ACAS); an 8.33 kHz capable radio; and a SSR Mode S transponder.
Who can apply?
The aircraft owner/operator, the aircraft maintenance organisation, or any individual authorised to act on the aircraft owner’s/operator’s behalf.
How do I apply?
Read the notes below which are specific to each type of exemption being sought, and then complete and submit your application form.
How much does it cost?
The cost to apply for an exemption under Article 71 varies depending upon the type of exemption sought. The notes below describe the charge for each type of exemption and the Scheme of Charges provides further details.
How long will it take for my application to be processed?
As long as you give us all the required information, you should be issued your exemption 20-working days after we receive your application.
How long is it valid for?
Validity is assessed on a case-by-case basis and will be specified in the exemption.
What happens next?
Once you have paid and submitted your form, your application will be passed for assessment.
You may then be contacted to ask for further supporting information.
If you are granted the exemption, you will receive a letter and exemption approval.
ACAS Exemption
The requirements for the carriage and operation of ACAS in UK airspace are contained within the UK AIP as follows:
- GEN 1.5 paragraph 5.4 Carriage of Airborne Collision Avoidance Systems (ACAS) in the United Kingdom FIR and UIR; and
- ENR 1.1 paragraph 3.5 Use of Airborne Collision Avoidance Systems (ACAS) in the United Kingdom FIR and UIR.
Note that:
- Separate applications must be made for each aircraft and/or flight for which an exemption is required.
- For the purposes of the exemption, the flight cannot be made for the purposes of public transport or any other revenue-earning purposes.
- For the purposes of the exemption, an ICAO-compliant altitude reporting transponder must be fitted to the aeroplane and be serviceable for all flight within UK airspace.
- The operator, or their nominated representative, is responsible for obtaining the requisite permissions and exemptions to permit them to operate in the airspace of other States. An exemption issued by the UK CAA only applies to flight within UK airspace.
- The operator is responsible for an assessment of the risk of mid-air collision from operating in UK airspace not in compliance with AUR.ACAS.1005(1).
What am I applying for an exemption against?
AUR.ACAS.1005(1) (contained within UK Reg (EU) No 1332/2011) which requires aircraft in-scope of the requirement to be equipped with collision avoidance logic version 7.1 of ACAS II.
For what reasons can I apply for an exemption?
An Article 71(1) exemption against AUR.ACAS.1005(1) may be granted for only two classes of flights:
- Delivery Flights. Aeroplanes newly manufactured within European Civil Aviation Conference (ECAC) member states, which are not fitted with ACAS II. These will be permitted to transit on direct flights only, out of the airspace of ECAC member states to regions where the carriage and operation of ACAS II is not required.
- Maintenance Flights. Direct flights by aeroplanes, which are not fitted with ACAS II, from outside ECAC member states, for the purpose of maintenance and engineering at facilities located within the ECAC member states.
How much will it cost?
The cost of an exemption relating to the operation of an ACAS is currently £2,173, as detailed within Table 8 of Official Record Series 5 No. 417.
What do I need to include with my application?
The information below advises on what you will need to include with your application:
- your application form completed online;
- your fee.
- why you are applying, either:
- urgent unforeseeable circumstances; or
- urgent operational needs; and,
- and an explanation of whether a ‘delivery flight’ or a ‘maintenance flight’ is being undertaken.
- The identify of the aircraft owner at the time of the flight.
- The identity of the aircraft operator at the time of flight.
- The aircraft’s type and registration mark.
- The planned date, time and route for entry into, and flight through, UK airspace.
- Copies of the aircraft’s certificate of airworthiness and insurance documentation.
- Confirmation of the measures that the aircraft operator has put in place to mitigate the risk of mid-air collision from operating in UK airspace not in compliance with AUR.ACAS.1005(1).
- If you are applying for a repeat exemption, you need to provide your previous exemption number.
8.33 kHz Exemption
The requirements for the carriage and operation of an 8.33 kHz capable radio in UK airspace are contained within the UK AIP as follows:
- GEN 1.5 paragraphs 5.1 Carriage of Communications Equipment; and,
- ENR 1.8 paragraph 2 Aircraft not Equipped with 8.33 kHz Capable Radios.
Note that:
- Separate applications must be made for each aircraft for which an exemption is required.
- Increasingly, as most frequency assignments in the UK FIR are converted to 8.33 kHz channel spacing operators of non-equipped aircraft will be increasingly difficult to accommodate in the UK FIR and any exemption issued is dependent on the ability of the impacted ANSP to be able to safely accommodate the aircraft. This is particularly difficult for aircraft planning begin or conclude their journey at a UK airport.
- The operator, or their nominated representative, is responsible for obtaining the requisite permissions and exemptions to permit them to operate in the airspace of other States. An exemption issued by the UK CAA only applies to flight within UK airspace.
- In limited circumstances an aircraft may be able to make use of the LA30175 approval to operate a handheld radio.
What do I need to apply for an exemption against?
Article 5(5) of the UK Regulation (EU) No 1207/2011 prescribing that, from 1 January 2018, an operator shall not operate an aircraft in airspace where carriage of radio is required unless the aircraft radio equipment has the 8.33 kHz channel spacing capability.
How much will it cost?
The cost of an exemption from the operation of an 8.33 kHz capable radio is currently £435, as detailed within Table 8 of Official Record Series 5 No. 417.
What do I need to include with my application?
The information below advises on what you will need to include with your application:
- your application form completed online;
- your fee.
- why you are applying:
- urgent unforeseeable circumstances; or,
- urgent operational needs.
- The planned date, time and route for entry into, and flight through, UK airspace.
- The identify of the aircraft owner at the time of the flight.
- The identity of the aircraft operator at the time of flight.
- The aircraft’s type and registration mark.
- Copies of the aircraft’s certificate of airworthiness and insurance documentation.
- If you are applying for a repeat exemption, you need to provide your previous exemption number.
SSR Mode S Exemption
The requirements for the carriage and operation of an SSR Mode S transponder in UK airspace are contained within the UK AIP as follows:
- GEN 1.5 paragraph 5.3 Carriage of Surveillance Equipment; and,
- ENR 1.6 paragraph 2 Secondary Surveillance Radar (SSR).
Note that separate applications must be made for each aircraft for which an exemption is required.
What do I need to apply for an exemption against?
Article 5 and parts A, B & C of Annex II within UK Ref (EU) No 1207/2011 specify the requirement and scope for aircraft to equip with secondary surveillance radar (SSR) transponder equipment.
SERA.13001 (Operation of an SSR transponder) contained within UK Regulation (EU) No 923/2012 (The UK Standardised Rules of the Air) lays down requirements for the operation of a serviceable SSR transponder.
How much will it cost?
The cost of an exemption from the carriage and operation of an SSR Mode S transponder is currently £1,087, as detailed within Table 8 of Official Record Series 5 No. 417.
What do I need to include with my application?
The information below advises on what you will need to include with your application:
- your application form completed online;
- your fee.
- why you are applying:
- urgent unforeseeable circumstances; or,
- urgent operational needs.
- The proposed start and end dates for the exemption.
- The identify of the aircraft owner at the time of the flight.
- The identity of the aircraft operator at the time of flight.
- The aircraft’s type and registration mark.
- Copies of the aircraft’s certificate of airworthiness and insurance documentation.
- If you are applying for a repeat exemption, you need to provide your previous exemption number.
Further guidance
Article 71 Flexibility Provisions, UK Regulation (EU) 2018/1139
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