Link Guideline for Submitting Exemption Regulations
1. Current Exemptions
1.1 General Exemption under Section 15/14
Area of Exemption |
Name of Operator/Individual |
Type of Exemption (Temporary /Permanent ) |
Description of Exemption |
Given Date |
End Date |
Document(LINK) |
---|---|---|---|---|---|---|
OPS
|
VIP Jet |
Temporary |
CAAT has granted a temporary exemption for the pilot to conduct the recurrent training in the actual aircraft. Safety ensuring was considered for the determination of public interest (Cessna Citation Mustang C510 (HS-VIP)) which was already approved in OM-D (1.3.6 Pilot Proficiency Check ) instead of being conducted in a flight simulator for 6 months following chapter 4 clause 3.1.1 (b) of the AIR OPERATION CERTIFICATE REQUIREMENT (AOCR) which state that “The test shall conduct in a flight simulator specifically approved for this purpose, or in flight in actual or simulated instrument flight conditions approved by the Authority if a flight simulator is not readily available provided that the flight is not carrying any passenger or cargo.” | 8 June 2565 (2022) | 7 December 2565 (2022) | |
AIR |
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PEL |
Holders of Flight Crew Licence. |
Temporary |
Temporary to maintain and continue the privileges of pilot license, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/ her competency and recent flight experience (at least three takeoffs and three landings within the preceding 90 days) |
16 January 2564 (2021) | 31 December 2565 (2022) | |
Holder of the following licences:
1. Flight Crew Licence; 2.Air Traffic Controller Licence; 3.Aircraft Maintenance Engineer Licence; and 4.Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
1. The validity period of all types of licence that expire not later than 30 June 2020 shall be extended until 30 September 2020;
2. The validity period of all classes of medical certificate that expire not later than 30 June 2020 shall be extended until 30 September 2020; 3. The validity period of language proficiency test results endorsed in personnel licence that expires not later than 30 June 2020 shall be extended until 30 September 2020; 4. The validity period of the theoretical knowledge test results for endorsement of an Instrument rating (IR), Multi-engine rating, and Flight instructor rating that expire not later than 30 June 2020 shall be extended until 30 September 2020; 5. The validity period of the licence conversion test results that expire not later than 30 June 2020 shall be extended until 30 September 2020; 6. The validity period of the practical test results with a condition to be proceeded with licence issuance within 180-day after the practical test has been completed that end not later than 30 June 2020, the period shall be extended until 30 September 2020; 7. To maintain and to continue the privileges of pilot licence, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/ her competency and recent flight experience (at least three takeoffs and three landings within the preceding 90 days) until 30 September 2020 |
6 April 2563 (2020) | Until termination or amendment | ||
Holder of the following licences:
1. Flight Crew Licence; 2.Air Traffic Controller Licence; 3.Aircraft Maintenance Engineer Licence; and 4.Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
1. The validity period of all types of licence that expire not later than 30 June 2020 shall be extended until 30 September 2020;
2. The validity period of all classes of medical certificate of the flight crew who operates domestic flight that expire not later than 30 June 2020 shall be extended 90 days from the date of expiry specified in that particular certificate The validity period of all classes of medical certificate of the flight crew who operates international flight that expire not later than 30 June 2020 shall be extended until 15 August 2020 However, the extension of medical certificate validity mentioned in paragraph one and two exclude the holder of a medical certificate with limitations or limit to fly as/with a suitably qualified copilot (OML) as prescribed in Appendix 5 of Notification of CAAT regarding the Medical Assessment Standards, B.E. 2561 and exclude the holder of a medical certificate with an age of 60-year-old and older; 3. The validity period of language proficiency test results endorsed in the personnel licence that expires not later than 30 June 2020 shall be extended until 30 September 2020; 4. The validity period of the theoretical knowledge test results for endorsement of Instrument rating (IR), Multi-engine rating, and Flight instructor rating that expire not later than 30 June 2020 shall be extended until 30 September 2020; 5. The validity period of the licence conversion test results that expire not later than 30 June 2020 shall be extended until 30 September 2020. 6. The validity period of the practical test results with a condition to be proceeded with licence issuance within 180-day after the practical test has been completed that end not later than 30 June 2020, the period shall be extended until 30 September 2020; 7. To maintain and continue the privileges of a pilot licence, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/ her competency and recent flight experience (at least three takeoffs and three landings within the preceding 90 days) until 30 September 2020; 8. Holder of Personnel Licence or medical certificate that does not receive benefit from the exemptions aforementioned shall renew their licence, have a medical examination or take an examination as required by the applicable regulations. 9. Flight crew of international flights shall have this notification with them in either electronic form or paper at all times in order to be able to present it to CAA aviation inspector in each country. 10. The holder of a flight crew licence or medical certificate that already expired but applied these exemptions specified in this Notification to extend their licence or certificate validity, shall not perform duty at the same time in the same aircraft; 11. The holder of an air traffic controller licence or medical certificate that already expired but applied these exemptions specified in this Notification to extend their licence or certificate validity, shall not perform duty at the same time in the same Air traffic control unit for more than half of total air traffic controller in that unit. |
23 June 2563 (2020) | Until termination or amendment | Download | |
Holder of the following licences:
1. Flight Crew Licence; 2.Air Traffic Controller Licence; 3.Aircraft Maintenance Engineer Licence; and 4.Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
1. In the case of the holder of Pilot Licence, the Applicant shall be exempted from the submission of a copy of logbook or documentary evidence indicating the flight hours that have been approved by the Chief Pilot or authorized person of the original affiliation, whereby the Applicant shall have accumulated at least three hours of flight time within the last ninety days prior to submission of the application pursuant Clause 12 (2) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence.
2. In the case of the holder of air traffic controller, aircraft maintenance engineer and flight dispatcher licence shall be exempted from the submission of a certificate issued by the original affiliation, certifying his/her recency of experience in performing duties in accordance with the type of licence he/she holds pursuant Clause 12 (3) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence. A holder of a Personnel licence who has renewed his/her licence as per this Notification shall have the privileges of the licence in accordance with the Regulations of the Civil Aviation Authority of Thailand No.7 on the Privileges of Pilot Licence Holders, Air Traffic Controllers, and Flight Dispatchers and the Regulations of the Civil Aviation Board Number 77 on the qualifications and privileges of applicants for aircraft engineers. |
28 July 2563 (2020) | 31 December 2563 (2020) | Download | |
Holder of the following licences:
1. Flight Crew Licence; 2.Air Traffic Controller Licence; 3.Aircraft Maintenance Engineer Licence; and 4.Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
1. Cancel clause 8 in The Notification of the Civil Aviation Authority of Thailand on the Exemption of Measures or Arrangements for Regulating of the Holders of Personnel Licences during the Coronavirus Disease (COVID – 19) Outbreak No.2 dated 23 June 2563 shall apply the following statement
“To maintain and to continue the privileges of pilot licence, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/ her competency and recent flight experience (at least three takeoffs and three landings within the preceding 90 days) until 31 December 2020” |
30 September 2563 (2020) | Until termination or amendment | Download | |
Holder of the following licences:
1. Flight Crew Licence; 2. Air Traffic Controller Licence; 3. Aircraft Maintenance Engineer Licence; and 4. Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
(1) A holder of a Personnel licence shall be exempted from the submission of the application along with the documentary evidence in order to renew his/her licence by 30 June 2021 as follows:
1.1 In the case of the holder of Pilot Licence, the Applicant shall be exempted from the submission of a copy of logbook or documentary evidence indicating the flight hours that have been approved by the captain or authorized person of the original affiliation, whereby the Applicant shall have accumulated at least three hours of flight time within the last ninety days prior to submission of the application pursuant Clause 12 (2) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence. 1.2 In the case of the holder of air traffic controller, aircraft maintenance engineer, and flight dispatcher licence shall be exempted from the submission of a certificate issued by the original affiliation, certifying his/her recency of experience in performing duties in accordance with the type of licence he/she holds pursuant Clause 12 (3) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence. (2) A holder of a Personnel licence who has been renewed his/her licence as per Clause 1, shall have the privileges of the licence in accordance with the Regulations of the Civil Aviation Authority of Thailand No.7 on the Privileges of Pilot Licence Holders, Air Traffic Controllers, and Flight Dispatchers and the Regulations of the Civil Aviation Board Number 77 on the qualifications and privileges of applicants for aircraft engineers (3) To maintain and continue the privileges of a pilot licence, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/her competency and recent flight experience (at least 3 takeoffs and 3 landings within the preceding 90 days) until 31 December 2021 as per prescribed in Paragraph 2 of Clause 8 of the Regulations of the Civil Aviation Authority of Thailand No.7 on the Privileges of Pilot Licence Holders, Air Traffic Controllers, and Flight Dispatchers. |
22 January 2564 (2021) | Until termination or amendment | Download | |
Holder of the following licences:
1. Flight Crew Licence; 2.Air Traffic Controller Lience; 3.Aircraft Maintenance Engineer Licence; and 4.Flight Operations Officer/Flight Dispatcher Licence |
Temporary |
(1) A holder of a Personnel licence shall be exempted from the submission of the application along with the documentary evidence in order to renew his/her licence by 31 December 2021 as follows:
1.1 In the case of the holder of Pilot Licence, the Applicant shall be exempted from the submission of a copy of logbook or documentary evidence indicating the flight hours that have been approved by the captain or authorized person of the original affiliation, which stated that the Applicant shall have accumulated at least three hours of flight time within the last ninety days prior to submission of the application pursuant Clause 12 (2) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence. 1.2 In the case of the holder of air traffic controller, aircraft maintenance engineer, and flight dispatcher licence shall be exempted from the submission of a certificate issued by the original affiliation, certifying his/her recency of experience in performing duties in accordance with the type of licence he/she holds pursuant Clause 12 (3) of the Requirements of the Civil Aviation Authority of Thailand No. 15 on the Application for and Issuance of Personnel Licence and Endorsement of Rating on Personnel Licence. (2) A holder of a Personnel licence who has been renewed his/her licence as per Clause 2, shall have the privileges of the licence in accordance with the Regulations of the Civil Aviation Authority of Thailand No.7 on the Privileges of Pilot Licence Holders, Air Traffic Controllers, and Flight Dispatchers and the Regulations of the Civil Aviation Board Number 77 on the qualifications and privileges of applicants for aircraft engineers. (3) To maintain and continue the privileges of a pilot licence, the holders can conduct flights in Full Flight Simulators (FFS) to demonstrate his/her competency and recent flight experience (at least 3 takeoffs and 3 landings within the preceding 90 days) until 31 December 2021 as per prescribed in Paragraph 2 of Clause 8 of the Regulations of the Civil Aviation Authority of Thailand No.7 on the Privileges of Pilot Licence Holders, Air Traffic Controllers, and Flight Dispatchers. (4) The endorsement of language proficiency rating on the Personnel Licence which will be valid until September 30, 2021, shall remain valid until December 31, 2021. (5) The results of the theoretical knowledge examinations for the issue of an instrument rating (IR), Class rating with Multi-engine, and Flight instructor rating, which expired on September 30, 2021, have been extended until December 31, 2021. (6) The results of the Test for Conversion of Licence that expired by September 30, 2021, have been extended until December 31, 2021. (7) The results of the practical examination that have a length of time required to proceed with the licensing process within 6 months of the date of passing the practical examination. Such prescribed period due to expire on 30 September 2021, will be extended until 31 December 2021. |
19 July 2564 (2021) | Until termination or amendment | Download | |
AGA |
Airport of Thailand PLC. |
Permanent |
Suvarnabhumi Airport is exempt from compliance with the Requirements of the Aviation Authority of Thailand No.14 – Aerodrome Standards is Holding Bay.- Article 235 Chiang Mai International Airport is exempt from compliance with the Requirements of the Civil Aviation Authority of Thailand No.14 – Aerodrome Standards is Holding Bay.- Article 235 |
12 July 2565 (2022) | – | |
Bangkok Airways Public Company Limited |
Temporary (36 Months) |
Samui Airport is exempt from compliance with the Requirements of the Civil Aviation Authority of Thailand No. 14 – Aerodrome Standards on the following is Obstacle Limitation requirements – Article 294, 295 Objects outside the obstacle limitation surfaces – Article 316, 317 Runway strips – Article 135, 138, 141 Runway End Safety Area (RESA) – Article 155, 159, 160, 162 Taxiway minimum separation distances – Article 185 Siting of equipment and installations in operational areas – Article 1088 Approach Lighting System – Article 478 |
21 July 2565 (2022) | 21 July 2568 (2025) | ||
Airport of Thailand PLC. | Temporary (51 Months) | Don Mueang International Airport is temporarily exempt from compliance with the requirement of the civil aviation authority of Thailand No.37 – Aerodrome Standards – Article 145,149, and 151 on runway strips. While constructing runway strips, the operator shall ensure an equivalent level of safety during the given period. | 3 April 2566 (2023) | 3 July 2566 (2027) | Download | |
Airport of Thailand PLC. | Temporary (24 Months) | Don Mueang International Airport is temporarily exempt from compliance with the requirement of the civil aviation authority of Thailand No.37 – Aerodrome Standards – Article 165 on the Runway End Safety Area (RESA). While construing RESA, the operator shall ensure an equivalent level of Safety during the given period. | 3 April 2566 (2023) | 3 April 2568 (2025) | Download | |
ANS | Aeronautical Radio of Thailand Ltd. | Permanent | CAAT has granted a Permanent exemption for Flight Instructor Rating instead of Flight Instructor-Aircraft Type Rating of (6.5 the Flight testing pilot instructor of qualification) the Rules of DCA on the certificate for navigation facilities flight testing operator B.E. 2551. | 25 January 2566 (2023) | – | Download |
AMD | ||||||
ERD |
Bangkok Helicopter Services Co., Ltd |
Temporary | Exempt the company to use the private helicopter HS-BHQ (C of R) for operating Air Ambulances. | 5 November 2565 (2022) |
7 November 2565 (2022) |
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1.2 Specific Exemption under Section 39, Section 41/90, Section 41/91, Section 44
Area of Exemption |
Name of Operator/Individual |
Type of Exemption (Temporary /Permanent ) |
Description of Exemption |
Given Date |
End Date |
Document |
---|---|---|---|---|---|---|
Section 39 |
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Section 41/90 |
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Section 41/91 |
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Section 44 |
CANMENG WANG |
Permanent
|
Exempt from being Thai nationality to hold Thai Personnel Licence – Student Pilot License (SPL)
|
4 August 2565 (2022) |
The exemption will remain effective until the Director General has an order for cancellation.
|
_ |
CHAN NYEIN KYWE | 21 August 2565 (2022) | |||||
CHEN HUANG | 20 July 2565 (2022) | |||||
CHRISTIAN LEONARDO SCHUF | 21 July 2565 (2022) | |||||
DIGBY SIMON MAYOR | 1 July 2565 (2022) | |||||
HOANG CAO LAM | 22 Feb 2565 (2022) | |||||
JAMES PAT | 11 August 2565 (2022) | |||||
KHALID RASHID A. ALKALBANI | 31 August 2565 (2022) | |||||
MICHAEL ANDREW G. FRANKLIN | 1 July 2565 (2022) | |||||
NAIMA SULTANA MUMU | 22 August 2565 (2022) | |||||
NGUYEN QUOC KHANH | 22 Feb 2565 (2022) | |||||
OLIVER LARS THURMAN | 26 April 2565 (2022) | |||||
PAUL MARTIN CONNELLY | 8 June 2565 (2022) | |||||
PHILIP SU TIN | 18 March 2565 (2022) | |||||
SAMDRUP DORJI | 28 June 2565 (2022) | |||||
SHEAREE ZANGMO | 11 Feb 2565 (2022) | |||||
STEFAN MOLNAR | 21 July 2565 (2022) | |||||
TENPA LHUENDRUP | 18 March 2565 (2022) | |||||
THET NAING AUNG | 21 July 2565 (2022) | |||||
VU LE ANH QUAN | 7 July 2565 (2022) | |||||
VU NGOC HAI NAM | 28 June 2565 (2022) | |||||
WU JIANHAO | 5 July 2565 (2022) | |||||
Zhang Yang | 27 July 2565 (2022) | |||||
MR. NGUYEN DINH NGUYEN | 13 September 2565 (2022) | |||||
MR. NGO HOANG QUAN | 13 September 2565 (2022) | |||||
MR. MARK RICHARD ZINKEL | 27 September 2565 (2022) | |||||
MR. PAYA NADERI | 7 October 2565 (2022) | |||||
MR. TRAN MINH NHUT | 3 November 2565 (2022) | |||||
MR.TRISTAN TRAJAN MATHEZ-LOIC | 14 November 2565 (2022) | |||||
MR. SOLOMON EBENEZER SAMUEL | 15 NOVEMBER 2565 (2022) | |||||
MR. JEREMY YAP BOON HOCK | 5 January 2566 (2023) | |||||
MR. DAWID ANDRZEJ WINNICKI | 6 January 2566 (2023) | |||||
MR. MICHAEL JAMES FIELD | 27 January 2566 (2023) | |||||
MR. EGOR KUBYSHEV | 27 January 2566 (2023) | |||||
MR. PETER WILLIAM MILLAR | 20 January 2566 (2023) | |||||
MR. ANDREW LEE FLUDE | 20 January 2566 (2023) | |||||
MR. ETIENNE CRETE | 31 January 2566 (2023) | |||||
Mr. NGUYEN NGOC TU | 22 February 2566 (2023) | |||||
Mr. SHIVAM KUMAR SHAH | 3 April 2566 (2023) | |||||
Mr. JUNLIN JIA | 25 April 2566 (2023) | |||||
Mr. JORGE LUIS LUGO JR |
30 May 2566 (2023) |
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Mr. EGOR TABULA | 24 May 2566 (2023) | |||||
Mr. CHARAN TEJA PARUCHURI | 3 JULY 2566 (2023) | |||||
MS. MARJAN AHMED | 3 JULY 2566 (2023) | |||||
MR. JAMYANG TENZIN | 3 JULY 2566 (2023) | |||||
MR. WENQIANG WANG | 5 JULY 2566 (2023) | |||||
MR. DAVID SCOTT HUBIN |
7 JULY 2566 (2023) | |||||
MR. ERIC JEAN-PIERRE DROZD |
17 JULY 2566 (2023) | |||||
MR. PAUL-ERIC ARMANDO LARSON-DROZD |
17 JULY 2566 (2023) | |||||
MR. TAN TUN KEN ELMER | 17 JULY 2566 (2023) | |||||
MR. SIM CHEE WEE |
17 JULY 2566 (2023) | |||||
MR.ROBERT RAYMOND PASCAZIO |
8 AUGUST 2566 (2023) |
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MR. THOMAS JEAN CHARLES BERENI | 24 AUGUST 2566 (2023) | |||||
MR. KONG, LINGTAI | 5 SEPTEMBER 2566 (2023) | |||||
MR. TSHERING TASHI | 14 SEPTEMBER 2566 (2023) | |||||
MS. INBEE CHOI | 21 SEPTEMBER 2566 (2023) | |||||
MR. OLEKSANDR NECHET | 25 SEPTEMBER 2566 (2023) | |||||
MR. KING HIN LEE |
22 SEPTEMBER 2566 (2023) | |||||
MR. SHIVA KUMAR GAJOJI | 18 OCTOBER 2566 (2023) | |||||
MR. AADITYA PIYUSH SINGH | 18 OCTOBER 2566 (2023) | |||||
MR. KRRISH PAHLAJ LULLA | 18 OCTOBER 2566 (2023) | |||||
MR. IMRAN HASAN | 3 NOVEMBER 2566 (2023) | |||||
MR. SIAM SHAHAREAR KHAN EMON | 3 NOVEMBER 2566 (2023) | |||||
MR. KAZUMA MATSUTANI | 30 OCTOBER 2566 (2023) | |||||
MR. TIEN HAU PHAM | 10 NOVEMBER 2566 (2023) | |||||
MR. OLIVER LARS THURMAN | 10 NOVEMBER 2566 (2023) | |||||
MR. STEFAN KOLK | 23 NOVEMBER 2566 (2023) | |||||
MR. TOADER MEREUTA | 23 NOVEMBER 2566 (2023) | |||||
MR. TODD ALEXANDER AUSTIN | 16 NOVEMBER 2566 (2023) | |||||
MR. VALERII MAKOVETSKII | 16 NOVEMBER 2566 (2023) | |||||
DANIEL ALEXANDER VAN OOSTEN SLINGELAND |
Permanent
|
Exempt from being Thai nationality to hold Thai Personnel Licence – Commercial Pilot Licence (CPL)
|
7 July 2565 (2022) |
The exemption will remain effective until the Director General has an order for cancellation.
|
– | |
VARUN RAVI | 13 September 2565 (2022) | |||||
MR. ALMAZ NASIM | 21 September 2565 (2022) | |||||
MR. NGUYEN DAI NAM |
10 October 2565 (2022) |
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MR. GOTTFRIED THOMA | 8 August 2565 (2022) | |||||
MS. SHEAREE ZANGMO | 13 DECEMBER 2565 (2022) | |||||
MR. JOON YOUNG JANG | 12 JUNE 2566 (2023) | |||||
MR. LE QUOC BAO | 5 September 2566 (2023) | |||||
MR. SANGAY DORJI | 8 September 2566 (2023) | |||||
MR. LUONG HAI VINH | 21 September 2566 (2023) | |||||
MR. BUI DUY ANH KHOI | 26 October 2566 (2023) | |||||
IGNACIO SANCHEZ |
Permanent
|
Exempt from being Thai nationality to hold Thai Personnel Licence – Airline Transport Pilot Licence (ATPL)
|
25 May 2565 (2022) |
The exemption will remain effective until the Director General has an order for cancellation.
|
– |
|
RODION LISITSKII |
Permanent
|
Exempt from being Thai nationality to hold Thai Personnel Licence – Private Pilot Licence for Ultralight (UPL)
|
20 September 2565 (2022) |
The exemption will remain effective until the Director General has an order for cancellation.
|
– | |
MR. STEFAN MOLNAR | 10 February 2566 (2023) | |||||
MR. PAUL MARTIN CONNELLY | 10 February 2566 (2023) | |||||
MR. TORBEN KRISTENSEN | 21 February 2566 (2023) | |||||
MR. TRISTAN TRAJAN MATHEZ-LOIC | 5 April 2566 (2023) | |||||
MR. KHALID RASHID ABDULLAH AL KALBANI | 9 May 2566 (2023) | |||||
MR.ANDREW LEE FLUDE |
9 May 2566 (2023) |
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MR. PETER WILLIAM MILLAR |
9 May 2566 (2023) |
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MR.KIM MALCOLM HOOD |
6 September 2566 (2023) |
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MR. CANMENG WANG |
12 September 2566 (2023) |
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MR. TORBEN KRISTENSEN |
25 September 2566 (2023) |
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MR. PAT JAMES | 3 October 2566 (2023) | |||||
MR. EVGENY SAVALYEV |
Permanent
|
Exempt from being Thai nationality to hold Thai Personnel Licence – Private Pilot License (PPL)
|
17 October 2565 (2022) |
The exemtion will remaim effective until the Director General has an order for cancellation.
|
– | |
MR. CHEN HUANG | 19 October 2565 (2022) | |||||
MR. PHILIP SU @ TIN LATT | 9 November 2565 (2022) | |||||
MR. GERALD WALLACE LATEGAN | 10 February 2566 (2023) | |||||
MR.GUENTHER BUTZLAFF | 20 June 2566 (2023) | |||||
MR.KIM MALCOLM HOOD | 7 July 2566 (2023) | |||||
MR. YU LI |
24 August 2566 (2023) |
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MR. LARRY ZAW | 18 September 2566 (2023) | |||||
MR. YONG JI KANG | 26 September 2566 (2023) |
2. Guideline for Submitting Exemption Regulations
2.1 What is an Exemption?
A petition for exemption is a request to the Director General to provide relief from any specified requirement in the Air Navigation Act B.E. 2497 (1954) (the Act), as amended, and the regulations issued thereunder. Under the Section 15/14, Section 39, Section 41/90, Section 41/91 and Section 44 of the Act, the Director may, if considered appropriate, grant an Exemption from a rule requirement, with appropriate conditions. Before granting an Exemption, the Director will consider whether an applicant’s proposal provides a level of safety, or risk control, equivalent to that required by the existing rule. 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.
2.2 Exemption Objectives
CAAT aims to create an environment of continuous compliance with the Act that all participants have to greatly abide by the Act. However, there will be occasions when the requirements, as applied to individual situations, may appear excessive and to go beyond the intention of the legislation. This policy sets out CAAT’s approach to all those seeking exemption from obligations under the Act. Various exemption provisions have been included in the Act to accommodate such circumstances. The Director is vested with the power to make decisions regarding applications for exemption.
The purpose of exemptions is to relieve regulated entities from any unintended consequences of the legislation, while at the same time ensuring that the integrity of the law is maintained. Awareness of the need to strike this balance will guide CAAT in its consideration of exemption applications. CAAT will approve exemptions if it forms the view that they are relevant and necessary in the circumstances of a particular case.
Applications for exemptions will be assessed on a case-by-case basis. However, in all cases, we will adhere to our guiding principles which aim to ensure that CAAT achieves an equitable and effective regulatory environment with an efficient use of resources.
2.3 Type of exemption available
2.3.1 General Exemption
To cater such circumstances, Section 15/14 of the Act provides the power to the Director to exempt in public interest and does not affect air navigation safety/security, any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any regulations order, notice, circular, directive, guideline or requirement, issued under this Act in either wholly or partially, subject to such conditions, if any, as may be specified in such notification.
2.3.2 Specific Exemption
On the other hand, Section 39, Section 41/90, Section 41/91 and Section 44 of the Act provides the power to the Director to grant exemption to an applicant for a Type Certificate, any Aircraft registrant or Air Operator, Foreign Aircraft, and the applicant for a Personnel license from the operation of the conditions specified in each provision as fellows;
(1) Exemption from the Requirement in Section 39
Under Section 39, if there is an applicant for a Type Certificate under Section 38 and the Director finds that the standards prescribed in Section 34 do not govern, or may not apply to, the type proposed by the applicant because there is a development or design feature which differs from the Aircraft or Major Aircraft Appliance currently in use, the Director shall issue a letter of provisional permission under Section 38, paragraph three and specify special conditions in respect of the standards for Aircraft or Major Aircraft Appliances relating to the development or design as may be appropriate. The special conditions specified by the Director under paragraph one shall have a degree of safety not lower than the standards under Section 34.
(2) Exemption from the Requirement in Section 41/90
Under Section 41/90, if it is necessary for any Aircraft prohibited from flying under Section 41/89 to fly back to the base of the Aircraft registrant or Air Operator, to fly to a repair station, or to fly for avoidance of impending danger; or if it is necessary to allow any Aircraft having a Certificate of Airworthiness to make a flight apart from the limitations specified in the Aircraft manual, the Director may, upon finding that such Aircraft is capable of safe flight for that purpose, permit in writing that the Aircraft fly to that place, subject to the conditions specified by the Director.
(3) Exemption from the Requirement in Section 41/91
Under Section 41/91, upon finding that any Foreign Aircraft not in flight may be unsafe for operation, the Director shall communicate with the pertinent officials of the country of the Aircraft registrant. Upon finding that a Foreign Aircraft which is intended to fly may be unsafe or may cause damage, the Director shall have the power to order that such Aircraft be prohibited from flying in the Kingdom unless it conforms to the conditions specified by the Director. The provisions of Section 41/90 shall apply mutatis mutandis.
(4) Exemption from the Requirement in Section 44
Under Section 44, an applicant for a Personnel license shall have the following qualifications:
1) Being of Thai nationality;
2) Being of good conduct;
3) Being of an age, good health, knowledge and skills as prescribed in the Regulations of the Civil Aviation Board.
When there is necessity or there are special grounds in a particular case, the Director shall have the power to grant exemption from the qualifications as specified in this Section in accordance with the rules and procedures designated by the Minister.
2.4 Applicant Responsibility
The obligation is on the applicant to provide a risk and evidence-based justification as to why the Director-General should grant an exemption. To be able to successfully assess an application, the CAAT requires 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.
The request for Exemptions shall be accompanied by safety and risk assessments. This will allow the CAAT to view proposals in context and should reduce the time spent analyzing any associated risks. Failure to provide adequate information will result in a delay in the processing of the application while the CAAT seeks the information necessary for it to consider the application.
When seeking an exemption, the applicant should provide at least the following information:
– A person/organization seeking exemption shall submit an application for exemption to the Director.
– The application for exemption shall clearly state the reasons for seeking exemption and shall be supported with the reasons for non-compliance, safety assessment reports, means of mitigation, and an indication as to when compliance can be expected.
– The applicant’s name and current mailing address.
– Aircraft Registration, Type, and Serial Number (a copy of the Certificate of Registration or equivalent must be supplied).
– Details of the airworthiness certificate and any associated Operating Limitations (a copy of the Certificate of Airworthiness or equivalent must be supplied, if applicable).
The details and substance of the Request for Exemption: –
(a) The application for exemption shall clearly state-
1. The reasons for seeking exemption;
2. Risk assessments report (s), Analyses, aeronautical studies, etc.
As appropriate which may deem fit, along with the means of mitigation and indication as to when compliance can be expected.
(b) Applications must contain the following:
1. A citation of the specific requirement from which the applicant seeks relief;
2. Description of the type of operations to be conducted under the proposed exemption;
3. The proposed duration of the exemption;
4. An explanation of how the exemption would be in the public interest, that is, benefits the public as a whole.
5. The category under which exemption is sought (temporary/ permanent) and justifiable reasons why the applicant needs the exemption. The reasons provided should be detailed and self-explanatory.
6. A detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the Regulation in question;
7. A review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware;
8. If the applicant seeks to operate under the proposed exemption outside of Thailand airspace, the application must also indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO).
(c) The action plan for rectification and review of the temporary exemption, including the mitigation measures adopted for ensuring safety during the exemption period.
(d) If a permanent exemption is sought, the applicant has to indicate the mitigation measures adopted to reduce the risk arising due to non-compliance after carrying out a safety assessment.
(e) Undertaking by the person/ organization that he shall annually review the conditions or mitigation measures and any other resultant non-compliance in particular when any significant changes in the activity are proposed.
(f) The applicant should provide adequate information in the prescribed proforma for consideration for granting exemptions with supporting documents. Failure to provide adequate information may delay the processing/ refusal of the application.
(g) If the applicant seeks emergency processing, the application must contain supporting facts and reasons that the application was not timely filed, and the reasons it is an emergency. The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply in a timely fashion.
2.5 Legal Criteria
In order to grant an Exemption, the Director will need to be satisfied in all cases that the risk to safety will not be significantly increased by the granting of the exemption. In the general type of exemption, if satisfied of this, the Director will then consider the grounds in section 15/14 of the Act. It is essential that appropriate evidence is provided to demonstrate that these grounds are met.
Execution for the exemption under Section 15/14 must have one of the following reasons Appears to the Director prior to such exclusion;
(1) the requirement has been substantially complied with and that further compliance is unnecessary;
(2) the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement;
(3) the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
(4) events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case and that the risk to safety will not be significantly increased by the granting of the exemption.
Applicants need to demonstrate that the risk to safety/security will not be significantly increased by the granting of the Exemption and identify which of the above grounds in section 15/14 they are proposing to rely on for an Exemption. This is to provide assurance that all risks have been identified and mitigations are in place to ensure that risk to safety/security is kept as low as reasonably practicable.
The Director must grant the all-type exemption if the Director is satisfied that granting the exemption would not adversely affect the safety/security of air navigation. If the Director grants the exemption, the grant may be made or given subject to such conditions as CAAT thinks necessary in the interests of the safety of air navigation.
2.6 Exemption Specialist/ Exemption Assessment Team
The role of the CAAT Exemptions Specialist or Exemption 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 requires a CAAT 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.
2.7 Processing Time
An exemption goes through internal assessment by the internal CAAT assessment team before it is presented to the Director. This assessment process takes time; therefore, an applicant should submit an exemption request at least 90 days 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 fall-back strategy if the exemption is declined. There should be no expectation that a short-notice request will receive urgent or priority attention, particularly if the applicant has known about the situation for some time.
2.8 Charges
Currently, there is no charge associated with the processing of an exemption request.
2.9 Period of Exemption
– Exemptions of a ‘temporary’ nature shall be reviewed annually by the Director with respect to the conditions or relevant regulations and standards.
– For permanent exemption, nature shall be effective until the Director has an order for cancellation.
2.10 Exemption issuing
– The holder of an exemption (i.e., an air operator, individual, or organization) shall have to carry a copy of the exemption document while in operation.
– The exemption, once approved, shall be included in the relevant manuals of the applicant.
– If the Director determines that an exemption should be granted, other persons or organizations may apply to the Director to be included in the relief granted.
2.11 When grant is effective
If CAAT grants the exemption, the grant has effect from when notice of the grant is given to the applicant. However, the exemption stops being in force if:
(1) It is expressed to have effect for a limited period and that period ends; or
(2) It is revoked by CAAT by written notice given to the applicant or the holder of the certificate of registration for the aircraft concerned; or
(3) The applicant or the holder of the certificate of registration for the aircraft concerned gives CAAT written notice the holder on longer wants the exemption.
CAAT must not revoke an exemption unless CAAT thinks it is necessary to do so for the purpose of ensuring the safety/security of air navigation.
2.12 Extension of granted exemption
– The holder of an exemption may request to extend an exemption previously at least 60 days before the exemption expires.
– The extension of a granted exemption shall not modify a previously granted exemption. If your circumstances have changed, the CAAT may request that you file a new exemption as mentioned in item 2.3 above.
2.13 Guidance Material and Application for Seeking an Exemption
The applicant can download the related notification exemption, guidance material for the exemption policy and procedure manual, and the exemption application form via the provided information below:
– The Notification of the Civil Aviation Authority of Thailand on Exemption Policy and Procedure B.E. 2565 (2019) can be downloaded via this link :
–The guidance material for the exemption policy and procedure manual can be downloaded via this link.
2.14 Submission
The applicant shall submit the signed exemption application, including the evidence as mentioned in Item 2.3 above, to the Director-General of The Civil Aviation Authority of Thailand at the following address:
THE CIVIL AVIATION AUTHORITY OF THAILAND
333/105 Lak Si Plaza, tower 2, floor 11,
Kamphaeng Phet 6 Rd., Talat Bang Khen, Lak Si, Bangkok 10210.