Regulator | UK CAA | Safety & Security | Airworthiness In Force: 1 May 2026
Quick Read
The UK CAA expanded its powers to grant exemptions from aviation safety requirements — removing a restriction that previously limited exemptions to urgent situations only. A criminal sanction for ETOPS violations, which had never been used, was also removed.
Both changes came into force on 1 May 2026. A follow-on instrument expected before the end of June 2026 will revise ETOPS diversion airport distance requirements for commercial operators.
QUICK SUMMARY
| Item | Detail |
|---|---|
| Instrument | Aviation Safety (Amendment) Regulations 2026 |
| Authority | UK Civil Aviation Authority (CAA) |
| In Force | 1 May 2026 |
| Topic | Safety & Security / Airworthiness |
| Who Is Affected | Airlines, operators of two-engine aircraft (ETOPS), any operator seeking CAA exemption from safety requirements |
| Compliance Deadline | In force — no separate transition period |
What Changed
The UK Aviation Safety (Amendment) Regulations 2026 came into force on May 1, 2026. Two separate changes are contained in this instrument.
Change 1: CAA Exemption Powers Expanded
Previously, the CAA could only grant exemptions from the requirements of the Basic Regulation in two situations. Those situations were urgent and unforeseeable circumstances, or urgent operational needs.
This restriction came from Article 71 of Regulation (EU) 2018/1139, which the UK retained after leaving the EU. The wording locked the CAA into a narrow definition of what counted as an acceptable reason for an exemption.
The 2026 Regulations amend Article 71 directly. The prior conditions have been removed. The CAA may now grant exemptions in a broader range of circumstances. It may also attach whatever conditions it considers appropriate before any exemption is granted.
What this means in practice: The CAA can now issue exemptions for foreseeable situations that do not have an urgent operational need. Examples include drone testing programs, large-scale aviation events handling high volumes of aircraft over multiple days, and trial operations for new aircraft types. Each exemption still requires the operator to demonstrate a high level of aviation safety and a credible path to full regulatory compliance.
The CAA must still consider the following before granting any exemption:
- Impact on aircraft noise, fuel venting, and engine emissions standards
- Whether the decision is non-discriminatory
- Whether working conditions for crew are affected
- Whether public protection is maintained
- Whether the exemption supports broader aerospace development
Change 2: ETOPS Criminal Sanction Removed
The Air Navigation Order 2016 (Schedule 13) previously contained a criminal sanction for operators who violated the SPA.ETOPS.100 prohibition. That prohibition restricts two-engined aeroplanes from operating beyond a regulatory threshold distance from a diversion airport without CAA approval.
The criminal sanction has never been used. The CAA has adequate enforcement tools already — including the ability to revoke operational approvals and restrict an operator’s Air Operator Certificate.
The 2026 Regulations remove this criminal sanction from Schedule 13.
Why this matters: The removal is not simply housekeeping. It is a deliberate step that enables a second instrument — the Aviation Safety (Amendment) (No. 2) Regulations 2026 — to proceed later in 2026.What Comes Next: Aviation Safety (Amendment) (No. 2) Regulations 2026
The forthcoming No. 2 Regulations will introduce substantive ETOPS operational changes. Two changes have been signaled:
- Operators of two-engine aircraft will have greater flexibility in how far they may operate from diversion airports.
- Operators of aircraft with more than two engines will, for the first time, be required to consider their distance from diversion airports as part of their operational planning.
These changes will bring UK requirements into alignment with international ICAO standards. The No. 2 Regulations must be enacted before the powers under the Retained EU Law (Revocation and Reform) Act 2023 expire in June 2026.
Compliance officers should monitor the UK statutory instrument register for the No. 2 Regulations and assess their ETOPS approval documentation and extended diversion time operational procedures in advance.Background: Retained EU Law and the Basic Regulation
The UK left the EU in 2021. Since then, the CAA has operated under assimilated EU aviation law — primarily Regulation (EU) 2018/1139, known as the Basic Regulation. The Retained EU Law (Revocation and Reform) Act 2023 gave the UK government powers to amend this assimilated law by statutory instrument.
The 2026 Amendment Regulations are one of several instruments being used to diverge from or update retained EU aviation law to suit UK-specific regulatory needs.
Compliance Action Summary
| Action | Who | Priority |
|---|---|---|
| Review any pending or existing exemption applications | All operators | Immediate |
| Assess ETOPS operational documentation and diversion airport planning procedures | ETOPS-approved operators | Immediate |
| Monitor for Aviation Safety (Amendment) (No. 2) Regulations 2026 | All commercial operators | Watch — expected before end June 2026 |
FAQs
Q: Does the expanded exemption power reduce the level of safety oversight? No. The CAA must still assess every exemption request individually. Safety, noise, emissions, working conditions, and public protection criteria all remain in place. The change removes the restriction that previously prevented the CAA from considering foreseeable situations.
Q: Who can apply for a CAA exemption under the new rules? Any operator regulated under the UK Basic Regulation framework may apply. Applications are assessed by the CAA on a case-by-case basis. Each applicant must demonstrate a high standard of aviation safety and a clear path to full regulatory compliance.
Q: What is SPA.ETOPS.100 and why does it matter? SPA.ETOPS.100 is a provision in Commission Regulation (EU) No 965/2012 (Air Operations). It prohibits two-engined aeroplanes from operating beyond a set distance from a diversion airport unless the operator holds a specific CAA approval. This approval is called an ETOPS approval. The removed criminal sanction related to operating without that approval, but the underlying ETOPS approval requirement remains fully in force.
Q: Will the No. 2 Regulations require new ETOPS approvals? The No. 2 Regulations will change the distances and the operator categories covered. Operators should monitor for the instrument and review their current ETOPS approvals once it is published.
Q: Has any airline been prosecuted under the criminal sanction that was removed? No. The CAA confirmed during Parliamentary scrutiny that this sanction has never been used. The CAA’s existing enforcement tools — including approval revocation and AOC restrictions — were considered sufficient.
Related Reading:
- UK Boosts Global Aviation Safety and Sustainability with CAD 2.2 Million Support to ICAO
- UK Sustainable Aviation Fuel Act 2026: Mandatory Blending Requirements, Revenue Certainty, and Compliance Obligations Explained
Editorial note: This article is based on the Aviation Safety (Amendment) Regulations 2026 (SI 2026), the associated Explanatory Memorandum published by the Department for Transport, and the Parliamentary record of the House of Lords Grand Committee debate of 15 April 2026. Compliance officers should verify current instrument status at legislation.gov.uk before making operational decisions.
Researched and reviewed using official UK Government, Department for Transport, and UK CAA regulatory sources.