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NO.

21 OF 2013

CIVIL AVIATION ACT


SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Civil Aviation (Security) Regulations, 2013 (Revoked)....................................................


2. Civil Aviation (Instruments and Equipment) Regulations, 2013.......................................
3. Civil Aviation (Operation of Aircraft) Regulations, 2013...................................................
4. Civil Aviation (Approved Training Organisations) Regulations, 2013...............................
5. Civil Aviation (Air Navigation Services) Regulations, 2013..............................................
6. Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2013................
7. Civil Aviation (Personal Licensing) Regulations, 2013 (Revoked)..................................
8. Civil Aviation (Charges for Air Navigation Services) Regulations, 2014..........................
9. The Civil Aviation (Security) Regulations, 2015...............................................................
10. Civil Aviation (Safety Management) Regulations, 2015...................................................
11. Civil Aviation (Regulatory Fees and Charges for Air Navigation Services) Regulations,
2016..................................................................................................................................
12. Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017...............................
13. Civil Aviation (Personnel Licensing) Regulations, 2018...................................................
No. 21 of 2013 [Rev. 2017]
Civil Aviation
[Subsidiary]

(Consolidation of the following Legal Notice Ongoing: L. N. 190/2015,


L. N. 124-126/2015, L. N. 84/2016, L. N. 259 /2017, L. N. 289/2017, L.
N. 290/2017, L.N 90/2018, L.N 91/2018, L.N 92/2018, L.N 93/2018, L. N.
94/2018, 95/2018, 97/2018, L.N. 126/2018, 129/2018, 131/2018, 132/2018,
133/2018, 134/2018, 135/2018, 136/2018, 137/2018, 145/2018, 163/2018.)

CIVIL AVIATION (SECURITY) REGULATIONS, 2013


[L.N. 74/2013.]

[Revoked by L.N. 190/2015.]

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CIVIL AVIATION (INSTRUMENTS AND


EQUIPMENT) REGULATIONS, 2013
ARRANGEMENT OF THE REGULATIONS

PART I – PRELIMINARY PROVISIONS


Regulation
1. Citation.
2. Interpretation.
PART II – GENERAL REQUIREMENTS FOR
AIRCRAFT EQUIPMENT AND INSTRUMENTS
3. General instrument and equipment requirements.
PART III – FLIGHT AND NAVIGATIONAL INSTRUMENTS
4. General requirements.
5. Navigation equipment.
6. Minimum flight and navigational instruments: VFR operations.
7. Aerodrome operating minima.
8. Instruments for operations requiring two pilots: VFR operations
9. Minimum flight and navigational instruments: IFR operations
10. Additional systems and equipment for single-engine turbine-powered aircrafts: Night
and IMC operations.
11. Instruments for operations requiring two pilots: IFR operations
12. Standby altitude indicator.
13. Instruments and equipment required for Category II operations.
14. Approval and maintenance of instruments and equipment required for Category II
operations.
15. Maintenance programme for instruments and equipment required for Category II
operations.
16. Navigation equipment for operations in Minimal Navigation Performance
Specification airspace (MNPS).
17. Equipment for operations in reduced vertical separation minimum airspace (RVSM).
PART IV – COMMUNICATION EQUIPMENT
18. Radio equipment.
19. Airborne collision avoidance system.
20. Forward looking wind shear warning system – turbojet aeroplanes.
21. Altitude reporting transponder
22. Crewmember interphone system: aircraft.
23. Crewmember interphone system: helicopter.
PART V INSTRUMENTS AND EQUIPMENT
24. Aircraft lights and instrument illumination.
25. Engine instruments.
26. Machmeter and speed warning devices.
27. Loss of pressurisation device.
28. Landing gear: aural warning device.
29. Altitude alerting system.
30. Ground proximity warning system (GPWS).
31. Weather radar.

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PART VI – FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER


32. Cockpit voice recorders: aircraft.
33. Head-up displays (HUD) or enhanced vision systems (EVS).
34. Cockpit voice recorders: duration – aircraft.
35. Cockpit voice recorders: general requirements – aircraft.
36. Cockpit voice recorders: helicopters.
37. Cockpit voice recorders: duration – helicopters.
38. Cockpit voice recorders: performance requirements.
39. Cockpit voice recorders: inspections.
40. Flight data recorders.
41. Flight data recorders: aircrafts.
42. Flight data recorders: helicopters.
43. Flight data recorder: duration.
44. Flight data recorder: information recorded.
45. Recording of data link communication.
46. Flight recorders: electronic documentation.
PART VII – EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT
47. Emergency equipment: all aircraft.
48. Means for emergency evacuation.
49. Emergency lighting.
50. Exits.
51. Flights over designated land areas: all aircraft.
52. Survival equipment.
53. Emergency locator transmitter: aircrafts.
54. Emergency locator transmitter: helicopters
55. Portable fire extinguishers.
56. Lavatory fire extinguisher.
57. Lavatory smoke detector.
58. Crash axe.
59. Marking of break-in points.
60. First-aid and emergency medical kit.
61. Supplemental oxygen: pressurised aircrafts.
62. Oxygen equipment and supply requirements: pressurised aircrafts
63. Supplemental oxygen: non-pressurised aircraft.
64. Oxygen supply requirements: non-pressurised aircraft.
65. Protective breathing equipment.
66. First-aid oxygen dispensing units.
67. Megaphones: aircraft.
68. Megaphones: helicopters.
69. Individual flotation devices.
70. Life rafts.
71. Life jackets: helicopters.
72. Flotation devices for helicopter ditching.
PART VIII – MISCELLANEOUS SYSTEMS AND EQUIPMENT
73. Seats, safety belts and shoulder harnesses.
74. Passenger and pilot compartment doors.
75. Passenger information signs.
76. Public address system.

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77. Materials for cabin interiors.


78. Materials for cargo and baggage compartments.
79. Power supply, distribution and indication system.
80. Protective circuit fuses.
81. Operation of aeroplanes or helicopters in icing conditions.
82. Emergency power supply.
83. Icing detection.
84. Pilot indication systems.
85. Static pressure system.
86. Windshield wipers.
87. Chart holder.
88. Cosmic radiation detection equipment.
89. Seaplanes and amphibians: miscellaneous equipment.
PART IX – EXEMPTIONS
90. Requirements for application.
91. Substance of the request for exemption.
92. Initial review by the Authority.
93. Evaluation of the request.
PART X – GENERAL PROVISIONS
94. Suspension, revocation of approval.
95. Use and retention of records.
96. Reports of violation.
97. Enforcement of directions.
98. Aeronautical user fees.
99. Application of regulations to Government and visiting forces, etc.
100. Extra-territorial application of Regulations.
PART XI – OFFENCES AND PENALTIES
101. Contravention of Regulations
102. Penalties.
103. Revocation.
SCHEDULES

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CIVIL AVIATION (INSTRUMENTS AND


EQUIPMENT) REGULATIONS, 2013
[L.N. 75/2013.]

PART I – PRELIMINARY PROVISIONS


1. Citation
These Regulations may be cited as the Civil Aviation (Instruments and Equipment)
Regulations, 2013.
2. Interpretation
(1) In these Regulations, unless the context otherwise requires—
"aerodrome" means a defined area on land or water, including any buildings,
installations and equipment used or intended to be used either wholly or in part for the
arrival, departure and surface movement of aircraft;
"Aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
"aircraft" means any machine that can derive support in the atmosphere from the
reactions of the air, other than the reactions of the air against the earth's surface;
"air operator certificate (AOC)" means a certificate authorising an operator to carry
out specified commercial air transport operations;
"AOC holder" means an aircraft operator holding an Air Operator Certificate;
"appropriate authority" means–
(a) in relation to an aircraft, the Authority which is responsible for approval of
design and issuance of a type certificate;
(b) in relation to the content of a medical kit, the state of registry;
(c) in relation to the Kenya, the Director General of the Authority;
"approved standard" means a manufacturing, design, maintenance, or quality
standard approved by the Authority;
"Authority" means the Kenya Civil Aviation Authority;
"calibration" means a set of operations, performed in accordance with a definite
documented procedure, that compares the measurement performed by a measurement
device or working standard for the purpose of detecting and reporting or eliminating by
adjustment errors in the measurement device, working standard, or aircraft component
tested;
"cargo compartment classifications" means—
(a) class A, one in which a presence of a fire would be easily discovered by a
crewmember while at station and to which each part of the compartment
is easily accessible in flight;
(b) class B, one in which—
(i) there is sufficient access in flight to enable a crewmember to
effectively reach any part of the compartment with the contents of
a hand fire extinguisher;
(ii) when the access provisions are being used, no hazardous
quantity of smoke, flames, or extinguishing agent, will enter any
compartment occupied by the crew or passengers; and
(iii) there is a separate approved smoke detector or fire detector
system to give warning at the pilot or flight engineer station;

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(c) class C, one in which—


(i) there is a separate approved smoke detector or fire detector
system to give warning at the pilot or flight engineer station;
(ii) there is an approved built-in fire extinguishing or suppression
system controllable from the cockpit;
(iii) there is means to exclude hazardous quantities of smoke, flames,
or extinguishing agent, from any compartment occupied by the
crew or passengers; and
(iv) there are means to control ventilation and drafts within the
compartment so that the extinguishing agent used can control any
fire that may start within the compartment;
(d) class D , one on airplanes used only for the carriage of cargo and in which

(i) there is a separate approved smoke or fire detector system to give
warning at the pilot or flight engineer station;
(ii) there are means to shut off the ventilating airflow to or within, the
compartment, and the controls for these means are accessible to
the flight crew in the crew compartment;
(iii) there are means to exclude hazardous quantities of smoke,
flames, or noxious gases, from the flight crew compartment; and
(iv) the required crew emergency exits are accessible under any cargo
loading condition;
"Category II (CAT II) operations"means, a precision instrument approach and
landing with a decision height lower than 60m (200) ft), but not lower than 30m (10 ft),
and a runway visual range not less than 350m;
"Category IIIA (CAT IIIA) operations" means, a precision instrument approach and
landing with—
(a) a decision height lower than 30m (100ft) or no decision; and
(b) a runway visual range not less than 200m;
"Category IIIB (CAT IIIB) operations" means a precision instrument approach and
landing with—
(a) a decision height lower than 15m (50ft) or no decision height; and
(b) a runway visual range less than 200m but not less than 50m;
"Category IIIC (CAT IIIC) operations" means a precision instrument approach and
landing with no decision height and no runway visual range limitations;
"Class 1 helicopter" means a helicopter with performance such that, in case of
critical engine failure, it is able to land on the rejected take-off area or safely continue
the flight to an appropriate landing area, depending on when the failure occurs;
"Class 2 helicopter" means a helicopter with performance such that, in case of
critical engine failure, it is able to safely continue the flight, except when the failure occurs
prior to a defined point after take-off or after a defined point before landing, in which case
a forced landing may be required;
"Class 3 helicopter" means a helicopter with performance such that, in case of
engine failure at any point in the flight profile, a forced landing shall be performed;
"commercial air transport" means an aircraft operation involving the transport of
passengers, cargo, or mail for remuneration or hire;
"Contracting States" means all States that are signatories to the Convention on
International Civil Aviation (Chicago Convention);
"controlled flight" means any flight which is subject to an air traffic control
clearance;

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"critical engine" means the engine whose failure would most adversely affect the
performance or handling qualities of an aircraft;
"emergency locator transmitter (ELT)" means Generic term describing equipment
which broadcast distinctive signals on designated frequencies and depending on
application, may be automatically activated by impact or be manually activated which
may be any of the following—
(a) “automatic fixed ELT” which means activated an automatically ELT which
is permanently attached to an aircraft;
(b) “automatic portable ELT” means an automatically activated ELT which is
rigidly attached to an aircraft but readily removable from the aircraft;
(c) "automatic deployable ELT (ELT (AD)). which means an ELT which is
rigidly attached to an aircraft and which is automatically deployed and
activated by impact, and in some cases, also be hydrostatic sensors.
Manual deployment also provided;
(d) “survival ELT" which means an ELT which is removable from an aircraft,
stowed so as to facilitate" its ready use in an emergency, and manually
activated by survivors;
(e) "ELT battery useful life" which means the length of time after its date of
manufacture or recharge that the battery or battery pack may be stored
under normal environmental conditions without losing its ability to allow
the ELT to meet the applicable performance standards; and
(f) "ELT battery expiration date" which means the date of battery
manufacture or recharge plus one half of its useful life;
"flight crew member" means a licensed crew member charged with duties essential
to the operation of an aircraft during a flight duty period;
"flight data analysis" means a process of analysing recorded flight data in order to
improve the safety of flight operations;
"flight manual" means a manual, associated with the certificate of airworthiness,
containing limitations within which the aircraft is to be considered air worthy, and
instructions information necessary to the flight crew members for the safe operation of
the aircraft;
"flight recorder" means any type of recorder installed in the aircraft for the purpose
of complementing accident/incident investigation. This could include the cockpit voice
recorder (CVR) or flight data recorder (FDR);
"flight time" means—
(a) for aircrafts and gliders, the total time from the moment an aircraft or a
glider moves for the purpose of taking off until the moment it finally comes
to rest at the end of the flight and it is synonymous with the term "block to
block" or "chock to chock" time in general usage which is measured from
the time an aircraft first moves for the purpose of taking off until it finally
stops at the end of the flight;
(b) for helicopter, the total time from the moment a helicopter rotor blades
start turning until the moment a helicopter comes to rest at the end of the
flight and the rotor blades are stopped;
(c) for airships or free balloon, the total time from the moment an airship or
free balloon first becomes detached from the surface until the moment
when it next becomes attached thereto or comes to rest thereon;
"flight time aircrafts" means the total time from the moment an aircraft first moves
for the purpose of taking off until the moment it comes to rest at the end of the flight;

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" flight time helicopters" means the total time from the moment the helicopter
blades start turning until the moment the helicopter finally comes to rest at the end of
the flight and the rotor blades are stopped;
"helicopter" means a heavier-than-air aircraft supported in flight chiefly by the
reactions of the air on one or more power-driven rotors on substantially vertical axis;
"inspection" means the examination of an aircraft or aircraft component to establish
conformity with a standard approved by the Authority;
"instrument approach" means an approach procedure prescribed by the Authority
having jurisdiction over the aerodrome;
"Instrument Meteorological Conditions (IMC)" means meteorological conditions
expressed in terms of visibility distance from cloud, and ceiling, less than the minima
specified for visual meteorological conditions in Chapter 4 of Annex 2;
"large aircraft" means an aircraft having a maximum certificated take-off mass of
over 5,700 kg (12,500 Ibs.);
"maintenance" means tasks required to ensure the continued airworthiness of an
aircraft or aircraft component including any one or combination of overhaul, repair,
inspection, replacement, modification, and defect rectification;
"Master Minimum Equipment List (MMEL)" means a list established for a
particular aircraft type by the organisation responsible for the type design with the
approval of the state of design containing items, one or more of which is permitted
to be unserviceable on the commencement of a flight. The MMEL may be associated
with special operating conditions, limitations or procedures, and provides the basis for
development, review, and approval by the Authority of individual operator's MEL;
"Minimum Equipment List (MEL)" means a list approved by the Authority which
provides for the operation of aircraft, subject to specified conditions, with particular
equipment inoperative, prepared by an operator in conformity with, or more restrictive
than, the master Minimum Equipment List established for the aircraft type;
"modification" means a change to the type design of an aircraft or aeronautical
product which is not a repair;
"night" means the time between fifteen minutes after sunset and fifteen minutes
before sunrise, sunrise and sunset being determined at surface level, and includes any
time between sunset and sunrise when an unlighted aircraft or other unlighted prominent
object cannot clearly be seen at a distance of 4,572 m;
"operator" means a person, organisation or enterprise engaged in or offering to
engage in an aircraft operation;
"operational flight plan" means the operator's plan for the safe conduct of the flight
based on considerations of aircraft performance, other operating limitations, and relevant
expected conditions on the route to be followed and at the aerodromes or heliports
concerned;
"overhaul" means the restoration of an aircraft or aircraft component using methods,
techniques, and practices acceptable to the Authority, including disassembly, cleaning,
and inspection as permitted, repair as necessary, and reassembly; and testing in
accordance with approved standards and technical data, or in accordance with current
standards and technical data acceptable to the Authority, which have been developed
and documented by the State of Design, holder of the type certificate, supplemental type
certificate, or a material, part, process, or appliance approval under Parts Manufacturing
Approval (PMA) or Technical Standard Order (TSO);
"pressurised aircraft" means an aircraft fitted with means of controlling out flow of
cabin air in order to maintain maximum cabin altitude of not more than 10,000 ft so as
to enhance breathing and comfort of passengers and crew;

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"propeller" means a device for propelling an aircraft that has blades on a powerplant
driven shaft and that, when rotated, produces by its action on the air, a thrust
approximately perpendicular to its plane of rotation including control components
normally supplied by its manufacturer, but does not include main and auxiliary rotors or
rotating airfoils of power plants;
"prototype" means an aircraft in respect of which an application has been made for
a certificate of airworthiness and the design of which has previously been investigated
in connection with any such application;
"rating" means an authorisation entered on or associated with a licence or certificate
and forming part thereof, stating special conditions, privileges or limitations pertaining
to such licence or certificate;
"small aircraft" means an aircraft of a maximum certificated take-off mass of
5,700kg or less; and
"Visual Meteorological Conditions (VMC)" means meteorological conditions
expressed in terms of visibility distance from cloud, and ceiling, equal to or better than
specified minima in Chapter 4 of Annex 2.
PART II – GENERAL REQUIREMENTS FOR
AIRCRAFT EQUIPMENT AND INSTRUMENTS
3. General instrument and equipment requirements
(1) A person shall not fly an aircraft unless it is equipped so as to comply with the law
of the State of Registry.
(2) A person shall not fly an aircraft registered in the Kenya, unless the aircraft is
equipped as specified under these Regulations.
(3) A person may fly an aircraft registered in the Kenya with such additional or special
equipment as the Authority may determine.
(4) A person operating an aircraft in the Kenya shall ensure that all the required
emergency equipment is installed on board the aircraft, are clearly marked, and the aircraft
is stowed or maintained so as not to be the source of danger on the aircraft.
(5) In addition to the minimum equipment necessary for the issuance of a certificate
of airworthiness, the instruments, equipment and flight documents prescribed in these
Regulations shall be installed or carried, as appropriate, in all aircraft according to the aircraft
used and to the circumstances under which the flight is to be conducted.
(6) For all aircraft, all required instruments and equipment shall be approved and
installed in accordance with applicable airworthiness requirements.
(7) Prior to operation in the Kenya of any foreign registered aircraft that uses an
airworthiness inspection program approved or accepted by the State of Registry, the owner
or operator shall ensure that instruments and equipment required by these Regulations
but not installed in the aircraft are properly installed and inspected in accordance with the
requirements of the State of Registry.
(8) An AOC holder shall ensure that a flight does not commence unless the required
equipment—
(a) meets the minimum performance standard and the operational and
airworthiness requirements;
(b) is installed such that the failure of any single unit required for either
communication or navigation purposes, or both, shall not result in the inability
to communicate or navigate safely on the route being flown; and
(c) is in operable condition for the kind of operation being conducted, except as
provided in the minimum equipment list.
(9) If equipment is to be used by one flight crew member at his station during flight, that
equipment shall be installed so as to be readily operable from his station.

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(10) Where a single item of equipment is required to be operated by more than one
flight crew member, the equipment shall be installed so as to be readily operable from any
station at which it is required to be operated.
PART III – FLIGHT AND NAVIGATIONAL INSTRUMENTS
4. General requirements
(1) A person shall not fly an aircraft unless it is equipped with flight and navigational
instruments which shall enable the flight crew to—
(a) control the flight path of the aircraft;
(b) carry out any required procedural manoeuvres; and
(c) observe the operating limitations of the aircraft in the expected operating
conditions.
(2) Where a means is provided on any aircraft for transferring an instrument from
its primary operating system to an alternative system, the means shall include a positive
positioning control and shall be marked to indicate clearly which system is being used.
(3) For all aircraft, the instruments that are used by any one flight crewmember shall be
so arranged as to permit the flight crewmember to readily see the indications from station
with the minimum practicable deviation from the position and line of vision which the flight
crewmember normally assumes when looking forward along the flight path.
5. Navigation equipment
(1) A person shall not operate an aircraft unless it is equipped with navigation equipment
to enable it to proceed in accordance with—
(a) the operational flight plan;
(b) prescribed required navigational performance equipment types; and
(c) the requirements of air traffic services.
(2) For operations where a navigation specification for performance-based navigation
has been prescribed, an aeroplane shall, in addition to the requirements specified in (1)(a)—
(a) be provided with navigation equipment which will enable it to operate in
accordance with the prescribed navigation specification(s); and
(b) be authorized by the State of Registry for such operations.
(3) The requirements of paragraph (1) of this Regulation shall not apply where navigation
under visual flight rules is accomplished by visual reference to landmarks, if not precluded
by the appropriate authority for the route and airspace.
(4) A person shall operate an aircraft unless that aircraft is equipped with sufficient
navigation equipment to ensure that, in the event of failure of one item of equipment at any
stage of the flight, the remaining equipment shall enable the aircraft to continue navigating
in accordance with the requirements.
(5) A radio navigation system fitted in an aircraft shall have an independent antenna
installation, except that, where rigidly supported non-wire antenna installations of equivalent
reliability are used, only one antenna is required.
(6) Where a navigation specification for performance-based navigation has been
prescribed, an aeroplane shall, in addition to the requirements specified in this regulation—
(a) be provided with navigation equipment which will enable it to operate in
accordance with the prescribed navigation specification(s); and
(b) be authorized by the State of Registry for such operations.
6. Minimum flight and navigational instruments: VFR operations
An operator shall not operate an aircraft by day in accordance with VFR unless it is
equipped with the following flight and navigational instruments and associated equipment
are applicable—
(a) a magnetic compass;

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(b) an accurate timepiece showing the time in hours, minutes, and seconds;
(c) a sensitive pressure altimeter calibrated in feet with a sub-scale setting,
calibrated in hectopascals or millibars, adjustable for any barometric pressure
likely to be set during flight;
(d) an airspeed indicator calibrated in knots;
(e) a vertical speed indicator;
(f) a turn and slip indicator, or a turn coordinator incorporating a slip indicator;
(g) an attitude indicator;
(h) a stabilised direction indicator;
(i) a means of indicating in flight crew compartment the outside air temperature
calibrated in degrees celsius;
(j) for flights which do not exceed sixty minutes duration, which take-off and land
at the same aerodrome, and which remain within fifty nautical miles of that
aerodrome:
Provided that, the, instruments prescribed in sub-paragraphs (f), (g) and (h), and regulation
8(1)(d), (e), and (f), may all be replaced by either a turn and slip indicator, or a turn
coordinator incorporating a slip indicator, or both an attitude indicator and a slip indicator;
(k) an SSR transponder with mode C for all aircraft except gliders, balloons,
airships, kites and aircraft whose original certification does not include an
engine powered electrical system and has not been subsequently certified for
installation of such a system; and
(l) such additional instruments or equipment as may be prescribed by the
Authority.
7. Aerodrome operating minima
(1) All helicopters when operating in accordance with VFR by day shall be equipped
with—
(a) a magnetic compass;
(b) an accurate timepiece indicating the time in hours, minutes and seconds;
(c) a sensitive pressure altimeter;
(d) an airspeed indicator; and
(e) such additional instruments or equipment as may be prescribed by the
appropriate authority.
(2) All helicopters when operating in accordance with VFR at night shall be equipped
with—
(a) the equipment specified in subregulation 6(1);
(b) an attitude indicator (artificial horizon) for each required pilot and one
additional attitude indicator;
(c) a slip indicator;
(d) a heading indicator (directional gyrosope);
(e) a rate of climb and descent indicator;
(f) such additional instruments or equipment as may be specified by the
appropriate authority;
(g) the lights required for aircraft in flight or operating on the movement area of
a heliport;
(h) two landing lights;
(i) illumination for all instruments and equipment that are essential for the safe
operation of the helicopter that are used by the flight crew;
(j) lights in all passenger compartments;
(k) a flashlight for each crewmember station; and

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(l) for flights operated under VFR and IFR – by day and night.
8. Instruments for operations requiring two pilots: VFR operations
(1) An operator shall not operate an aircraft that requires two pilots to operate unless
each pilot's station is equipped with separate instruments as follows—
(a) a sensitive pressure altimeter calibrated in feet with a sub-scale setting
calibrated in hectopascals or millibars, adjustable for any barometric pressure
likely to be set during flight;
(b) an airspeed indicator calibrated in knots;
(c) a vertical speed indicator;
(d) a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator;
(e) an attitude indicator; and
(f) a stabilised direction indicator.
(2) Whenever two pilots are required to operate an aircraft an airspeed indicating system
shall be equipped with a heated pilot tube or equivalent means for preventing malfunction
due to either condensation or icing for—
(a) aircrafts with a maximum certificated take-off mass of over 5,700 kg or having
a maximum approved passenger seating configuration of more than nine; or
(b) helicopters with a maximum certificated take-off mass over 3,180 kg or having
a maximum approved passenger seating configuration of more than nine.
(3) Whenever duplicate instruments are required to operate an aircraft, separate
displays for each pilot and separate selectors or other associated equipment where
appropriate shall be provided.
(4) Where two pilots are required to operate an aircraft, the aircraft shall be equipped
with—
(a) means for indicating when power is not adequately supplied to the required
flight instruments; and
(b) compressibility limitations not otherwise indicated by the required airspeed
indicators shall be equipped with a Mach number indicator at each pilot's
station; and
(c) aeroplanes with speed limitations expressed in terms of Mach number shall
be equipped with a means of displaying Mach number.
(5) An operator shall not conduct VFR operations unless the aircraft is equipped with a
headset with boom microphone or equivalent for each flight crewmember on cockpit duty.
9. Minimum flight and navigational instruments: IFR operations
(1) A person shall not fly an aircraft under IFR unless the aircraft is equipped with—
(a) a magnetic compass;
(b) an accurate timepiece showing the time in hours, minutes, and seconds;
(c) two sensitive pressure altimeter calibrated in feet with a sub-scale setting,
calibrated in hectopascals or millibars;
(d) adjustable for any barometric pressure likely to be set during flight;
(e) an airspeed indicating system with a means of preventing malfunctioning due
to either condensation or icing;
(f) a turn and slip indicator;
(g) an attitude indicator (artificial horizon);
(h) a heading indicator (directional gyroscope);
(i) a means of indicating whether the supply of power to the gyroscopic
instruments is adequate;
(j) a means of indicating in the flight crew compartment the outside air
temperature;

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(k) vertical speed indicator;


(l) two independent static pressure systems, except that for propeller driven
aircrafts with maximum certificated take-off mass of 5,700 kg or less, one
static pressure system and one alternate source of static pressure is allowed;
and
(m) an SSR transponder with mode C, except gliders, airships, kites and aircraft
whose original certification does not include an engine powered electrical
system and has not been subsequently certified for installation of such a
system.
(2) A person shall not operate an aircraft under IFR unless the aircraft is equipped with
navigation equipment in accordance with the requirements of air traffic services in the areas
of operation, but not less than—
(a) one VHF omni directional radio range receiving system, automatic directional
finder system, one distance measuring equipment, one marker beacon
receiving system;
(b) one Instrument Landing System or Microwave Landing System MLS where
ILS or MLS is required for approach navigation purposes;
(c) an area Navigation System when area navigation is required for the route
being flown;
(d) an additional VOR receiving system on any route, or part thereof, where
navigation is based only on VOR signals; and
(e) an additional ADF system on any route, or part thereof, where navigation is
based only on NDB signals.
(3) All aircraft intended to land in IMC or at night shall be provided with radio navigation
equipment capable of receiving signals providing guidance to—
(a) a point from which a visual landing can be effected;
(b) each aerodrome at which it is intended to land in IMC; and
(c) any designated alternate aerodromes.
(4) All aeroplanes operated by a single pilot under the IFR or at night shall be equipped
with—
(a) a serviceable autopilot that has at least altitude hold and heading select
modes;
(b) a headset with a boom microphone or equivalent; and
(c) means of displaying charts that enables them to be readable in all ambient
light conditions.
(5) An AOC holder shall not conduct single pilot IFR operations unless the aircraft is
equipped with an autopilot with at least altitude hold and heading mode.
(6) An aircraft shall be sufficiently provided with navigation equipment to ensure that,
in the event of the failure of one item of equipment at any stage of the flight, the remaining
equipment will enable the aircraft to navigate in accordance with these Regulations.
(7) A person shall not conduct a single pilot under the IFR or at night unless the
aeroplane is be equipped with—
(a) a serviceable autopilot that has at least altitude hold and heading select
modes;
(b) a headset with a boom microphone or equivalent; and
(d) means of displaying charts that enables them to be readable in all ambient
light conditions.
10. Additional systems and equipment for single-engine turbine-powered
aircrafts: Night and IMC operations

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Single-engine turbine-powered aircrafts approved by the Authority to operate at night


or in IMC shall be equipped with the following systems and equipment intended to ensure
continued safe flight and to assist in achieving a safe forced landing after an engine failure,
under all allowable operating conditions—
(a) two separate electrical generating systems, each one capable of supplying all
probable combinations of continuous in-flight electrical loads for instruments,
equipment and systems required at night and/or in IMC;
(b) a radio altimeter;
(c) an emergency electrical supply system of sufficient capacity and endurance,
following loss of all generated power, to as a minimum—
(i) maintain the operation of all essential flight instruments,
communication and navigation systems during a descent from the
maximum certificated altitude in a glide configuration to the completion
of a landing;
(ii) lower the flaps and landing gear, if applicable;
(iii) provide power to one pilot heater, which must serve an air speed
indicator clearly visible to the pilot;
(iv) provide for operation of the landing light specified in (j);
(v) provide for one engine restart, if applicable; and
(vi) provide for the operation of the radio altimeter;
(d) two attitude indicators, powered from independent sources;
(e) a means to provide for at least one attempt at engine re-start;
(f) airborne weather radar;
(g) a certified area navigation system capable of being programmed with the
positions of aerodromes and safe forced landing areas, and providing
instantly available track and distance information to those locations;
(h) for passenger operations, passenger seats and mounts which meet
dynamically-tested performance standards and which are fitted with a
shoulder harness or a safety belt with a diagonal shoulder strap for each
passenger seat;
(i) in pressurized aircrafts, sufficient supplemental oxygen for all occupants for
descent following engine failure at the maximum glide performance from the
maximum certificated altitude to an altitude at which supplemental oxygen is
no longer required;
(j) a landing light that is independent of the landing gear and is capable of
adequately illuminating the touchdown area in a night forced landing; and
(k) an engine fire warning system.
11. Instruments for operations requiring two pilots: IFR operations
An operator shall not operate an aircraft that requires two pilots to operate unless the
second pilot's station has separate instruments as follows—
(a) a sensitive pressure altimeter calibrated in feet with a sub- scale setting,
calibrated in hectopascals or millibars, adjustable for any barometric pressure
likely to be set during flight;
(b) an airspeed indicating system with a means of preventing malfunctioning due
to either condensation or icing;
(c) a vertical speed indicator;
(d) an attitude indicator;
(e) a stabilised direction indicator; and
(f) a turn and slip indicator or a turn coordinator incorporating a slip indicator.

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12. Standby altitude indicator


(1) A person shall not operate an aircraft with a maximum certificated take-off mass of
over 5,700 kg or a helicopter of performance Class 1 and 2 operated under IFR unless it is
equipped with a single standby altitude indicator (artificial horizon) that—
(a) operates independently of any other altitude indicating system;
(b) is powered continuously during normal operation;
(c) after a total failure of the normal electrical generating system, is automatically
powered for a minimum of thirty minutes from a source independent of the
normal electrical generating system; and
(d) is appropriately illuminated during all phases of operation.
(2) Where the standby altitude indicator referred to in subregulation (1)—
(a) is being operated by emergency power, it shall be clearly evident to the flight
crew; or
(b) has its own dedicated power supply, there shall be an associated indication,
either on the instrument or on the instrument panel when this supply is in use.
(3) Where the standby attitude instrument system is installed and usable through flight
altitudes of 360° of pitch and roll, the turn and slip indicators may be replaced by slip
indicators.
13. Instruments and equipment required for Category II operations
(1) A person shall not fly an aircraft in Category II operation unless the aircraft is fitted
with the following instruments and equipment—
(a) two localizer and glide slope receiving systems;
(b) a communications system that does not affect the operation of at least one
of the Instrument Landing System (ILS);
(c) a marker beacon receiver that provides distinctive aural and visual indications
of the outer and the middle markers;
(d) two gyroscopic pitch and bank indicating systems;
(e) two gyroscopic direction indicating systems;
(f) two airspeed indicators;
(g) two sensitive altimeters adjustable for barometric pressure, having markings
at twenty foot intervals and each having a placarded correction for altimeter
scale error and for the wheel height of the aircraft;
(h) two vertical speed indicators;
(i) the flight control guidance system may-be operated from one of the receiving
systems required by paragraph (a) that consists of either—
(i) flight director system capable of displaying computed information as
steering command in relation to an ILS localizer and, on the same
instrument, either computed information as pitch command in relation
to an ILS glide slope or basic ILS glide slope information; or
(ii) an automatic approach coupler capable of providing at least automatic
steering in relation to an ILS localiser;
(j) for Category II operations with decision heights below 150 feet either a marker
beacon receiver providing aural and visual indications of the inner marker or
a radio altimeter;
(k) warning systems for immediate detection by the pilot of system faults in items
specified in subparagraphs (a), (d), (e) and (i) and, if installed for use in
Category III operations, the radio altimeter and auto throttle system;
(l) dual controls;
(m) an externally vented static pressure system with an alternate static pressure
source;

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(n) a windshield wiper or equivalent means of providing adequate cockpit visibility


for a safe visual transition by either pilot to touchdown and rollout; and
(o) a heat source for each airspeed system pilot tube installed or an equivalent
means of preventing malfunctioning due to icing of the pilot system.
(2) The instruments and equipment specified in this Regulation shall be approved in
accordance with the provisions of the maintenance programme referred under regulation 18
before being used in Category II operations.
14. Approval and maintenance of instruments and equipment required for
Category II operations
(1) A person shall not fly an aircraft unless the instruments and equipment required
by Regulation 13 have been approved as provided in this Regulation for use in Category
II operations.
(2) Before presenting an aircraft for approval of the instruments and equipment, it shall
be shown that since the beginning of the 12th calendar month of the date of submission—
(a) the instrument landing system localizer and glide slope equipment were
bench checked according to the manufacturer's instructions and found to
meet the standards specified by the Authority;
(b) the altimeters and the static pressure systems were tested and inspected and
found to meet the requirements of the manufacturers maintenance manual;
and
(c) all other instruments and items of equipment specified in this regulation that
are listed in the proposed maintenance program were bench checked and
found to meet the manufacturer's maintenance manual.
(3) All components of the flight control guidance system shall be approved as installed
by the evaluation program specified in this regulation if they have not been approved for
Category III operations under applicable type or supplemental type certification procedures.
(4) Any subsequent changes to make, model, or design of the components shall be
approved by the Authority and related systems or devices, such as the auto throttle and
computed missed approach guidance system, shall be approved in the same manner if they
are to be used for Category II operations.
(5) A radio altimeter shall meet the performance criteria of this subregulation for original
approval and for any subsequent alteration—
(a) it shall display to the flight crew clearly and positively the wheel height of the
main landing gear above the terrain;
(b) it shall display wheel height above the terrain to an accuracy of ± (plus
or minus) 5 feet or 5 per cent, whichever is greater, under the following
conditions—
(i) pitch angles of zero to ±5° (degrees) about the mean approach
attitude;
(ii) roll angles of zero to 20° in either direction;
(iii) forward velocities from minimum approach speed up to 200 knot; and
(iv) sink rates from zero to fifteen feet per second at altitudes from one
hundred to two hundred feet;
(c) over level ground, it shall track the actual altitude of the aircraft without
significant lag or oscillation;
(d) with the aircraft at an altitude of two hundred feet or less, any abrupt change
in terrain representing no more than ten per cent of the aircraft's altitude shall
not cause the altimeter to unlock and indicator response to such changes
shall not exceed 0.1 seconds. If the system unlocks for greater changes, it
shall reacquire the signal in less than one second;

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(e) systems that contain a push to test feature shall test the entire system with or
without an antenna at a simulated altitude of less than five hundred feet; and
(f) the system shall provide to the flight crew a positive failure warning display
any time there is a loss of power or an absence of ground return signals within
the designed range of operating altitudes.
(6) All other instruments and items of equipment required by regulation 12, shall be
capable of performing as necessary for Category II operations and shall be approved by the
Authority after each subsequent alteration to these instruments and items of equipment—
(a) approval by evaluation is requested as a part of the application for approval
of the Category II manual;
(b) unless otherwise authorised by the Authority, the evaluation program for each
aircraft requires the following demonstrations—
(i) at least fifty instrument landing system approaches shall be flown with
at least five approaches on each of three different instrument landing
system facilities and no more than one half of the total approaches on
any one instrument landing system facility;
(ii) all approaches shall be flown under simulated instrument conditions
to a one hundred foot decision height and ninety per cent of the total
approaches made shall be successful.
(7) A successful approach shall be one in which—
(a) at the one hundred foot decision height, the indicated airspeed and heading
are satisfactory for a normal flare and landing (speed shall be ±5 knots of
programmed airspeed, but shall not be less than computed threshold speed
if auto throttles are used);
(b) the aircraft at the one hundred foot decision height, is positioned so that the
cockpit is within, and tracking so as to remain within, the lateral confines of
the extended runway;
(c) deviation from glide slope after leaving the outer marker does not exceed fifty
per cent of full-scale deflection as displayed on the ILS indicator;
(d) no unusual roughness or excessive attitude changes occur after leaving the
middle marker; and
(e) in the case of an aircraft equipped with an approach coupler, the aircraft is
sufficiently in trim when the approach coupler is disconnected at the decision
height to allow for the continuation of a normal approach and landing.
(8) During the evaluation program the following information shall be maintained by the
applicant for the aircraft with respect to each approach and made available to the Authority
upon request—
(a) each deficiency in airborne instruments and equipment that resented the
initiation of an approach;
(b) the reasons for discontinuing an approach, including the altitude above the
runway at which it was discontinued;
(c) speed control at the one hundred foot decision height if auto throttles are
used;
(d) trim condition of the aircraft upon disconnecting the auto coupler with respect
to continuation to flare and landing;
(e) position of the aircraft at the middle marker and at the decision height
indicated both on a diagram of the basic instrument landing system display
and a diagram of the runway extended to the middle marker, with the
estimated touchdown point indicated on the runway diagram;
(f) compatibility of flight director with the auto coupler, if applicable; and
(g) quality of overall system performance.

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(9) A final evaluation of the flight control guidance system is made upon successful
completion of the demonstrations. If no hazardous tendencies have been displayed or are
otherwise known to exist, the system is approved as installed.
(10) Any bench check required by this regulation or any other regulation shall—
(a) be performed by an approved maintenance organisation holding one of the
following ratings as appropriate to the equipment checked—
(i) an instrument rating;
(ii) a radio rating; or
(iii) computer rating;
(b) consist of removal of an instrument or item of equipment and performance
of the following—
(i) a visual inspection for cleanliness, impending failure, and the need for
lubrication, repair, or replacement of parts;
(ii) correction of items found by that visual inspection; and
(iii) calibration to at least the manufacturer's specifications unless
otherwise specified in the approved Category II manual for the aircraft
in which the instrument or item of equipment is installed.
15. Maintenance programme for instruments and equipment required for
Category II operations
(1) A maintenance program for Category II instruments and equipment shall contain
the following—
(a) a list of each instrument and item of equipment specified in regulation 13 that
is installed in the aircraft and approved for Category II operations, including
the make and model of the instruments and items specified in that regulation;
(b) a schedule that provides for the performance of inspections within three
months after the date of the previous inspection, conducted in the following
manner—
(i) the inspection shall be performed by a person authorised by the Civil
Aviation (Airworthiness) Regulations, 2013 except that each alternate
inspection may be replaced by a functional flight check; and
(ii) the functional flight check shall be performed by a pilot holding a
Category II operation pilot authorisation for the type of aircraft being
checked;
(iii) a schedule that provides for the performance of bench checks for each
listed instrument and item of equipment that is specified in regulation
14 within twelve months after the date of the previous bench check;
(iv) a schedule that provides for the performance of a test and inspection
of each static pressure system within twelve months after the date of
the previous test and inspection;
(v) the procedures for the performance of the periodic inspections
and functional flight checks to determine the ability of each listed
instrument and item of equipment specified in regulation 13 to perform
as approved for Category II operations, including a procedure for
recording functional flight checks;
(vi) a procedure for assuring that the pilot is informed of all defects in listed
instruments and items of equipment;
(vii) a procedure for assuring that the condition of each listed instrument
and item of equipment upon which maintenance is performed is at
least equal to its Category II approval condition before it is returned to
service for Category II operations;

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(viii) a procedure for an entry in the maintenance records that shows the
date, airport, and reasons for each discontinued Category II operation
because of a malfunction of a listed instrument or item of equipment;
and
(ix) a bench check required by this Regulation shall comply with the
requirements specified in regulation 18(10).
(2) After the completion of one maintenance cycle of twelve months, a request to
extend the period for checks, tests, and inspections may be approved if it is shown that the
performance of particular equipment justifies the requested extension.
16. Navigation equipment for operations in Minimal Navigation Performance
Specification airspace (MNPS)
(1) An air operator shall not operate an aircraft in Minimal Navigation Performance
Specification (MNPS) airspace unless it is equipped with navigation equipment that—
(a) continuously provides indications to the flight crew of adherence to or
departure from track to the required degree of accuracy at any point along
that track; and
(b) has been authorised by the State of Registry for MNPS operations concerned.
(2) All equipment referred to in subregulation (1) shall comply with the MNPS prescribed
in ICAO Doc. 7030 Regional Supplementary Procedures.
(3) The navigation equipment required for AOC holder operations in MNPS airspace
shall be visible and usable by either pilot seated at his duty station.
(4) For unrestricted operation in MNPS airspace, an aircraft operated by an AOC holder
shall be equipped with two independent long-range navigational systems.
(5) For operation in MNPS airspace along notified special routes, an aircraft operated
by an AOC holder shall be equipped with one long range navigational systems, unless
otherwise specified.
17. Equipment for operations in reduced vertical separation minimum
airspace (RVSM)
(1) A person shall not operate an aircraft in reduced vertical separation minimum
airspace (RVSM) unless it is provided with equipment which is capable of—
(a) indicating to the flight crew the flight level being flown;
(b) automatically maintaining a selected flight level;
(c) providing an alert to the flight crew when a deviation occurs from the selected
flight level, with the threshold for the alert not exceeding ± (plus or minus)
90m (300 ft); and
(d) automatically reporting pressure-altitude.
(2) The equipment referred to in subregulation (1) of this regulation shall comply with
minimum requirements prescribed in ICAO Doc. 9574 Manual for the Implementation of a
300m (1000ft) RVSM between flight level 290 and flight level 410 inclusive.
PART IV – COMMUNICATION EQUIPMENT
18. Radio equipment
(1) A person shall not operate an aircraft unless it is equipped with radio equipment—
(a) that complies with the law of the State of registry;
(b) required for the kind of operation being conducted; and
(c) capable of receiving meteorological information at any time during the flight.
(2) In any particular case, the Authority may direct that an aircraft registered in the Kenya
shall carry such additional or special radio equipment as specified by the Authority for the
purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue
operations, or the survival of the persons carried in the aircraft.

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(3) All aircraft operated under Visual Flight Rules (VFR) or Instrument Flight Rules
(IFR) shall be equipped with radio communication equipment capable of conducting two-
way communication with those aeronautical stations and on the frequencies prescribed by
the Authority, including the aeronautical emergency frequency 121.5 MHz, this requirement
is considered fulfilled if the ability to conduct the communications specified therein is
established during radio propagation conditions which are normal for the route.
(4) A person shall not operate an aircraft under IFR, or VFR over routes that
cannot be navigated by reference to visual landmarks, unless the aircraft is equipped with
communication and navigation equipment in accordance with the requirements of air traffic
services in the area of operation, but not less than two independent radio communication
systems necessary under normal operating conditions to communicate with an appropriate
ground station from any point on the route including diversions.
(5) A radio system referred to in subregulation (4) shall have an independent antenna
installation except that where rigidly supported non-wire antennae or other antennae
installations of equivalent reliability are used, only one antenna is required.
(6) Where an operator is required to use more than one communication equipment unit,
each unit shall be independent of the other or others to the extent that a failure in any one
shall not result in failure of any other.
(7) A person shall not operate an aircraft under IFR unless the aircraft is equipped with
an audio selector panel accessible to each required flight crewmember.
(8) An AOC holder shall not conduct single pilot IFR or night operations unless the
aircraft is equipped with a headset with boom microphone or equivalent and a transmit button
on the control wheel.
(9) All aircraft when flying under IFR while making an approach to landing shall be
equipped with a radio apparatus capable of receiving signals from one or more aeronautical
radio stations on the surface, to enable the aircraft to be guided to a point from which a
visual landing can be made at the aerodrome at which the aircraft is to land.
(10) Subject to such exceptions as may be prescribed, the radio equipment provided in
compliance within this regulation in any aircraft registered in the Kenya shall be maintained
in a serviceable condition.
(11) All radio equipment installed in any aircraft registered in the Kenya, in addition to the
equipment required under these Regulations, shall be of a type approved by the Authority in
relation to the purpose for which it is to be used, and shall, be installed in a manner approved
by the Authority and licenced by the Kenya Communication Regulatory Authority of, and
neither the equipment nor the manner in which it is installed shall be modified except with
the approval of the Authority.
(12) A person shall not operate an aircraft unless there is a boom or throat microphone
available at each required flight crewmember flight duty station.
19. Airborne collision avoidance system
(1) .A person shall not fly a turbine-engine aeroplane of a maximum certificated take-
off mass of over 5,700 kg or authorized to carry more than nineteen passengers unless the
aeroplane is equipped with an airborne collision avoidance system (ACAS II).
(2) Any airborne collision avoidance system installed on an aircraft shall be approved
by the Authority.
(3) Each person operating an aircraft equipped with an airborne collision avoidance
system shall have that system on and operating.
(4) No person may operate a turbine engine aeroplane for which the individual
airworthiness certificate was first issued after 24 November, 2005 with a maximum
certificated take-off mass in excess of 15,000 kg or authorised to carry more than
30 passengers, unless it is equipped with an ACAS II.
(5) No person may operate a turbine engine aeroplane for which the individual
st
airworthiness certificate was first issued after 1 January, 2007 with a maximum certificated

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take-off mass in excess of 5,700 kg but not exceeding 15,000 kg or authorised to carry more
than 19 passengers, unless it is equipped with an ACAS II.
(6) An airborne collision avoidance system shall operate in accordance with the relevant
provisions of ICAO Annex 10, Volume IV.
20. Forward looking wind shear warning system – turbojet aeroplanes
(1) All turbojet aeroplanes of a maximum certificated take-off mass in excess of 5700 kg
or authorised to carry more than nine passengers shall be equipped with a forward-looking
wind shear warning system.
(2) The system should be capable of providing the pilot with a timely aural and visual
warning of wind shear ahead of the aircraft and the information required to permit the pilot
to safely commence and continue a missed approach or go-around or to execute an escape
manoeuvre if necessary.
(3) The system should also provide an indication to the pilot when the limits specified
for the certification of automatic landing equipment are being approached, when such
equipment is in use.
21. Altitude reporting transponder
(1) A person shall not operate an aircraft in airspace that requires a pressure-altitude
reporting transponder unless that equipment is operative.
(2) A person shall not operate an aircraft in RVSM airspace unless aeroplane is equipped
with a system that is automatically reporting pressure altitudes.
(3) A person shall not operate an aeroplane or helicopter unless it is equipped with
a pressure-altitude reporting transponder that operates in accordance with the air traffic
control requirements.
(4) All aeroplanes for which the individual certificate of airworthiness is first issued after
st
the 1 January 2009 shall be equipped with a data source that provides pressure-altitude
information with a resolution of 7.62 m (25 ft), or better.
(5) After the 1st January, 2012, all aeroplanes shall be equipped with a data source that
provides pressure-altitude information with a resolution of 7.62 m (25 ft), or better.
(6) Aeroplanes shall be equipped with a pressure-altitude reporting transponder which
operates in accordance with the relevant provisions of Annex 10, Volume IV.
(7) Unless exempted by the appropriate authorities, aeroplanes operating as VFR
flights shall be equipped with a Pressure-altitude reporting transponder which operates in
accordance with the relevant provision of Annex 10, Volume IV.
(8) Aeroplanes for which the individual certificate of airworthiness is first issued after
st
the 1 January, 2009 shall be equipped with a data source that provides pressure-altitude
information with a resolution of not less than 7.62 m (25 ft).
st
(9) Subject to subregulation (4) aeroplanes shall on or before 1 January, 2012, be
equipped with a data source that provides pressure- altitude information with a resolution
of not less than 7.62 m (25 ft).
(10) Unless exempted by the Authority , aeroplanes operating as VFR flights shall be
equipped with a pressure-altitude reporting transponder which operates in accordance with
the relevant provision of Civil Aviation (Air Navigation Services) Regulations, 2013.
22. Crewmember interphone system: aircraft
(1) An AOC holder shall not operate an aircraft of which a flight crew of more than one is
required unless it is equipped with a flight crew interphone system, including headsets and
microphones, not of a handheld type, for use by all members of the flight crew.
(2) An AOC holder shall not operate an aircraft with a maximum certified take-off mass
exceeding 15,000 kg or having a maximum approved passenger seating configuration of
more than nineteen unless it is equipped with a crewmember interphone system that—

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(a) operates independently of the public address system except for handsets,
headsets, microphones, selector switches and signalling devices;
(b) provides a means of two-way communication between the flight crew
compartment and each—
(i) passenger compartment;
(ii) galley located other than on a passenger cockpit level;
(iii) remote crew compartment that is not on the passenger cockpit and is
not easily accessible from a passenger compartment;
(c) is readily accessible for use—
(i) from each of the required flight crew stations in the flight crew
compartment; and
(ii) at required cabin crewmember stations close to each separate or pair
of floor level emergency exits;
(d) has an alerting system incorporating aural or visual signals for use by flight
crewmembers to alert the cabin crew and for use by cabin crewmembers to
alert the flight crew;
(e) has a means for the recipient of a call to determine whether it is a normal call
or an emergency call; and
(f) provides on the ground a means of two-way communication between ground
personnel and at least two flight crew members.
23. Crewmember interphone system: helicopter
An AOC holder shall not operate a helicopter carrying a crewmember other than a flight
crewmember unless it is equipped with a crewmember interphone system which—
(a) operates independently of the public address system except for handsets,
headsets, microphones, selector switches and signalling devices;
(b) provides a means of two-way communication between the flight crew
compartment and each crewmember station;
(c) has readily accessible for use from each of the required flight crew stations
in the flight crew compartment;
(d) is readily accessible for use at required cabin crew stations close to each
separate or pair of floor level emergency exits;
(e) has an alerting system incorporating aural or visual signals for use by flight
crewmembers to alert the flight crew; and
(f) has a means for the recipient of a call to determine whether it is a normal call
or an emergency call.
PART V – INSTRUMENTS AND EQUIPMENT
24. Aircraft lights and instrument illumination
(1) A person shall not operate an aircraft unless it is equipped with—
(a) for flight by day—
(i) anti-collision light system;
(ii) lighting supplied from the aircraft electrical system to provide adequate
illumination for all instruments and equipment essential for the safe
operation of the aircraft;
(iii) lighting supplied from the aircraft electrical system to provide adequate
illumination in all passenger compartments;
(iv) an electric torch for each required crewmember readily accessible to
crewmember when seated at their designated station;
(b) for flight by night, in addition to the equipment specified in regulation 13—

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(i) the lights required by the Civil Aviation (Rules of the Air) Regulations,
2013 for aircraft in flight or operating on the movement area of an
aerodrome;
(ii) lighting supplied from the aircraft electrical system to provide adequate
illumination for all instruments and equipment essential for the safe
operation of the aircraft;
(iii) lights in all passenger compartments;
(iv) an electric torch for each crewmember station;
(v) two landing lights or a single light having two separately energized
filaments.
25. Engine instruments
(1) A person shall not conduct any commercial air transport operations in any aircraft
without the following engine instruments, where applicable—
(a) a fuel pressure indicator for each engine;
(b) a fuel flowmeter;
(c) a means for indicating fuel quantity in each fuel tank to be used;
(d) an oil pressure indicator for each engine;
(e) an oil quantity indicator for each oil-tank when a transfer or separate oil
reserve supply is used;
(f) an oil-in temperature indicator for each engine;
(g) a tachometer for each engine; and
(h) an independent fuel pressure warning device for each engine or a master
warning device for all engines with a means for isolating the individual warning
circuits from the master warning device.
(2) In addition to the equipment listed in subregulation (1), a reciprocating engine aircraft
shall have the following—
(a) a carburettor air temperature indicator for each engine;
(b) a cylinder head temperature indicator for each air-cooled engine;
(c) a manifold pressure indicator for each engine;
(d) a device for each reversible propeller, to indicate to the pilot when the
propeller is in reverse pitch, that complies with the following—
(i) the device may be actuated at any point in the reversing cycle between
the normal low pitch stop position and full reverse pitch, but it shall not
give an indication at or above the normal low pitch stop position; and
(ii) the source of indication shall be actuated by the propeller blade angle
or be directly responsive to it.
(3) In addition to the equipment listed in subregulation (1), an AOC holder operating
turbine engine aircraft shall have the following—
(a) a gas temperature indicator for each engine;
(b) an indication of engine thrust or gas stream pressure that can be related to
thrust for each turbojet engine;
(c) a torque indicator for each turbo propeller engine;
(d) a blade position indicating means for each turbo-propeller engine propeller
to provide an indication to the flight crew when the propeller blade angle is
below the flight low pitch position;
(e) a position indicator to the flight crew to indicate thrust reverse position; and
(f) an indicator to indicate the functioning of the powerplant ice protection
system.
26. Machmeter and speed warning devices

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(1) An operator shall not operate an aircraft that requires two pilots to operate unless
each pilot's station has a with compressibility limitations not otherwise indicated by the
required airspeed indicating system aircraft.
(2) A person shall not operate an aircraft requiring a speed warning device unless the
device installed is capable of giving effective aural warnings differing distinctively from aural
warnings used for other purposes, whenever the speeds exceeds VMO plus 6 knots or MMO
+ 0.01.
27. Loss of pressurisation device
An operator shall not operate a pressurised aircraft intended to be operated at flight
altitudes at which the atmospheric pressure is less than 376 hPa unless the aircraft is
equipped with a device to provide positive warning to the flight crew of any dangerous loss
of pressurisation.
28. Landing gear: aural warning device
(1) An AOC holder shall not operate an aeroplane unless the aircraft is equipped
with a retractable landing gear and has landing gear aural warning device that functions
continuously under the following conditions—
(a) for aeroplane with an established approach wing-flap position, whenever the
wing flaps are extended beyond the maximum certified approach or climb
configuration position in the Aircraft Flight Manual and the landing gear is not
fully extended and locked; and
(b) for aeroplane without an established approach climb wing flap position,
whenever the wing flaps are extended beyond the position at which landing
gear extension is normally performed and the landing gear is not fully
extended and locked.
(2) The warning system required under subregulation (1)—
(a) shall not have a manual shut-off;
(b) shall be in addition to the throttle-actuated device installed under the type
certification airworthiness requirements; and
(c) may utilise any part of the throttle-actuated system including the aural warning
device.
(3) The flap position-sensing unit required under subregulation (1) may be installed at
any suitable place in the aircraft.
29. Altitude alerting system
(1) A person shall not operate a turbojet-powered aircraft unless that aircraft is equipped
with an approved altitude alerting system or device that is in operable condition and meets
the requirements of subregulation (2).
(2) An altitude alerting system or device required under subregulation (1) shall be able
to—
(a) alert the flight crew upon approaching a pre-selected altitude in either ascent
or descent, by a sequence of—
(i) both aural and visual signals in sufficient time to establish level flight
at that pre-selected altitude; or
(ii) visual signals in sufficient time to establish level flight at that pre-
selected altitude, and when deviating above and below that pre-
selected altitude, by an aural signal;
(b) provide the required signals from sea level to the highest operating altitude
approved for the aircraft in which it is installed;
(c) pre-select altitudes in increments that are commensurate with the altitudes at
which the aircraft is operated;

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(d) be tested without special equipment to determine proper operation of the


alerting signals; and
(e) accept necessary barometric pressure settings if the system or device
operates on barometric pressure:
Provided that operation below 3,000 feet above ground level, the system or device need
only provide one signal, either visual or aural, to comply with this paragraph; a radio altimeter
may be included to provide the signal if the operator has an approved procedure for its use
to determine decision height or minimum deviation altitude; as appropriate.
(3) An operator to which this regulation applies shall establish and assign procedures
for the use of the altitude alerting system or device and each flight crew shall comply with
those procedures assigned to him.
30. Ground proximity warning system (GPWS)
(1) A person shall not fly a turbine-engined aircraft of a maximum certificated take-off
mass of over 5,700 kg or authorized to carry more than nine passengers unless the aircraft
is equipped with a ground proximity warning system.
(2) All turbine-engined aircrafts of a maximum certificated take- off mass of over 15,000
kg or authorized to carry more than thirty passengers shall be equipped with a ground
proximity warning system which has a forward looking terrain avoidance function.
(3) All turbine-engined aircrafts of a maximum certificated take- off mass of over 5,700
kg or authorized to carry more than nine passengers, for which the individual certificate
of airworthiness is first issued on or after the 1st January, 2004, shall be equipped with a
ground proximity warning system which has a forward looking terrain avoidance function.
(4) A person shall not fly a turbine-engined aircraft of over 5,700 kg maximum certificated
take-off mass of over 5,700 kg or authorized to carry more than nine passengers, unless
the aircraft is equipped with a ground proximity warning system which has a forward looking
terrain avoidance function.
(5) A person shall not fly a piston-engined aircrafts of a maximum certificated take-
off mass of over 5,700 kg or authorized to carry more than nine passengers unless the
aircraft is equipped with a ground proximity warning system which provides the warnings
in subregulation (7)(a) and (c), warning of unsafe terrain clearance and a forward looking
terrain avoidance function.
(6) A ground proximity warning system shall provide automatically a timely and
distinctive warning to the flight crew when the aircraft is in potentially hazardous proximity
to the earth's surface.
(7) A ground proximity warning system shall provide, unless otherwise specified herein,
warnings of the following circumstances—
(a) excessive descent rate;
(b) excessive terrain closure rate;
(c) excessive altitude loss after take-off or go-around;
(d) unsafe terrain clearance while not in landing configuration;
(i) gear not locked down;
(ii) flaps not in a landing position; and
(e) excessive descent below the instrument glide path.
31. Weather radar
(1) An AOC holder shall not operate—
(a) a pressurised aircraft; or
(b) an unpressurised aircraft which has a maximum certificated take-off mass of
over 5,700 kg; or
(c) an unpressurised aircraft having a maximum approved passenger seating
configuration,

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unless it is equipped with airborne weather radar equipment whenever


such an aircraft is being operated at night or in instrument meteorological
conditions in areas where thunderstorms or other potentially hazardous
weather conditions, regarded as detectable with airborne weather radar, may
be expected to exist along the route.
(2) The airborne weather radar equipment in propeller driven pressurised aircrafts
having a maximum certificated take-off mass of over 5,700 kg with a maximum approved
passenger seating configuration not exceeding nine seats and operated at night and in
instrument metrological conditions referred to in subregulation (1) may be replaced by other
equipment capable of detecting thunderstorms and other potentially hazardous weather
conditions, regarded as detectable with airborne weather radar equipment, subject to
approval by the Authority.
(3) The airborne weather radar equipment in propeller driven pressurized aeroplanes
having a maximum certificated take-off mass of over 5,700 kg with a maximum approved
passenger seating configuration not exceeding nine seats, operated at night and in
instrument meteorological conditions referred to in subregulation (1) may be replaced
by other equipment capable of detecting thunderstorms and other potentially hazardous
weather conditions, regarded as detectable with airborne weather radar equipment, subject
to approval by the Authority.
PART VI – FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER
32. Cockpit voice recorders: aircraft
(1) An AOC holder shall not operate an aeroplane of a maximum certificated take-off
mass of over 5,700 kg unless the aeroplane is equipped with a cockpit voice recorder, to
record the aural environment on the flight deck during flight time.
(2) A turbine-engined aeroplane of a maximum certificated take- off mass of 27,000 kg
or above that is of a type of which the prototype was certificated by the appropriate Authority
before the 30th September, 1969 or the individual certificate of airworthiness was issued
st
before the 1 January, 1987 shall be equipped with a cockpit voice recorder, the objective
of which is the recording of the aural environment on the flight deck during flight time.
33. Head-up displays (HUD) or enhanced vision systems (EVS)
Where aeroplanes are equipped with Head-up displays (HUD) or enhanced vision
systems (EVS), the use of such systems to gain operational benefit shall be approved by
the State of the Operator.
34. Cockpit voice recorders: duration – aeroplane
(1) A person shall not fly an aeroplane unless the aeroplane is equipped with a cockpit
voice recorder installed as required under regulation 32, capable of retaining the information
recorded during at least the last thirty minutes of its operation.
(2) A cockpit voice recorder installed in an aircraft of a maximum certificated take-off
mass of over 5,700 kg for which the individual certificate of airworthiness is first issued after
st
the 1 January, 2003, shall be capable of retaining the information recorded during at least
the last two hours of its operation.
35. Cockpit voice recorders: general requirements – aeroplane
(1) A person shall not fly an aeroplane unless the aeroplane is equipped with a Cockpit
Voice Recorder (CVR) installed as required under regulation 30 and designed to record at
least the following voice communication transmitted from or received in the aircraft by radio

(a) aural environment on the flight cockpit;
(b) voice communication of flight crew members on the flight cockpit using the
aircraft's interphone system;

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(c) voice or audio signals identifying navigation or approach aids introduced in


the headset or speaker;
(d) voice communication of flight crew members using the passenger address
system, if installed; and
(e) digital communications with ATS, unless recorded by the flight data recorder.
(2) A CVR container shall—
(a) be painted a distinctive orange or yellow colour;
(b) carry reflective material to facilitate its location; and
(c) have securely attached an automatically activated underwater locating
device.
(3) To aid in voice and sound discrimination, microphones in the cockpit shall be located
in the best position for recording voice communications originating at the pilot and co-pilot
stations and voice communications of other crewmembers on the flight deck when directed
to those stations by wiring suitable boom microphones to record continuously on separate
channels.
(4) A CVR shall be installed so that—
(a) the probability of damage to the recording is minimized by—
(i) locating the recorder as far aft as practicable;
(ii) in the case of pressurized aircrafts, locating the CVR in the vicinity of
the rear pressure bulkhead;
(b) it receives its electrical power from a bus that provides the maximum reliability
for the operation of the cockpit voice recorder without jeopardizing service to
essential or emergency loads;
(c) there is an aural or visual means for pre-flight checking of the cockpit voice
recorder for proper operation; and
(d) if the CVR has a bulk erasure device, the installation is designed to prevent
operation of the device during flight time or crash impact.
(5) Subject to subregulation (2), A person shall not fly a helicopter for which the individual
st
certificate of airworthiness was first issued before, on or, as the case may be, after the 1
January, 1987 of a maximum certificated take-off mass of 3,175 kgs or above unless the
helicopter is equipped with a cockpit voice recorder the objective of which is the recording
of the aural environment on the flight deck during flight time.
(6) Where the helicopter is not equipped with a flight data recorder the main rotor speed
shall be recorded on one track of the cockpit voice recorder.
36. Cockpit voice recorders: helicopters
(1) Subject to subregulation (2), a person shall not fly a helicopter of a maximum
certificated take-off mass of 3,175 kgs or above unless the helicopter is equipped with a
cockpit voice recorder for recording of the aural environment on the flight deck during flight
time.
(2) Where the helicopter is not equipped with a flight data recorder the main rotor speed
shall be recorded on one track of the cockpit voice recorder.
37. Cockpit voice recorders: duration – helicopters
(1) Except as provided in subregulation (2), a person shall not fly a helicopter unless
the helicopter is equipped with a Cockpit Voice Recorder (CVR) capable of retaining the
information recorded during at least the last 30 minutes of its operation.
(2) A CVR installed in a helicopter for which the individual certificate of airworthiness is
st
first issued after the 1 January, 2003 shall be capable of retaining the information recorded
during at least the last two hours of its operation.
38. Cockpit voice recorders: performance requirements

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(1) A person shall not fly a helicopter unless the helicopter is equipped with a cockpit
voice recorder (CVR) installed as required by regulation 35, capable of recording on at least
four tracks simultaneously—
(a) to ensure accurate time correlation between tracks, the cockpit voice recorder
shall record in an in-line format;
(b) if a bidirectional configuration is used, the in-line format and track allocation
shall be retained in both directions.
(2) The track allocation in a CVR shall be—
(a) track 1 – co-pilot headphones and live boom microphone;
(b) track 2 – PIC headphones and live boom microphone;
(c) track 3 – area microphones; and
(d) track 4 – time reference plus the third and fourth crewmembers' headphone
and live microphone, if applicable.
(3) The CVR shall, when tested by methods approved by the appropriate authority, be
demonstrated to be suitable for the environmental extremes, which it is designed to operate.
(4) Where a CVR is installed in an aircraft, means shall be provided for an accurate
correlation between the cockpit voice recorder and the flight data recorder.
39. Cockpit voice recorders inspections
(1) Prior to the first flight of the day, the built-in test features on the cockpit for the cockpit
voice recorder (CVR), when installed, shall be monitored.
(2) Annual inspections of a CVR shall be conducted as follows—
(a) the read-out of the recorded data shall ensure that the recorder operates
correctly for the nominal duration of the recording;
(b) an annual examination of the recorded signal on the CVR shall be carried out
by replay of the CVR recording;
(c) while installed in the aircraft, the CVR shall record text signals from each
aircraft source and from relevant external sources to ensure that all required
signals meet intelligibility standards; and
(d) during the annual examination, a sample of in-flight recordings of the
CVR shall be examined for evidence that the intelligibility of the signal is
acceptable; and
(e) operational checks and evaluations of recordings from the flight recorder
systems shall be conducted to ensure the continued serviceability of the
recorders.
(3) A report of the annual inspection referred to in subregulation (2) shall be made
available to the Authority.
40. Flight data recorders
(1) A person shall not operate a turbine-engined aircraft of a maximum certificated
take-off mass of over 5,700 kg unless the aircraft is equipped with an approved flight data
recording systems.
(2) The flight recorders referred to in subregulation (1) shall—
(a) be constructed, located and installed so as to provide maximum practical
protection for the recordings in order that the recorded information may be
preserved, recovered and transcribed;
(b) be calibrated and maintained in accordance with a maintenance schedule
approved by the Authority, with a valid certificate of release to service issued
in accordance with the these Regulations certifying that maintenance has
been carried out in accordance with such maintenance schedule; and
(c) have an approved device to assist in locating that recorder under water.

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(3) An aeroplane or helicopter for which the individual certificate of airworthiness was first
st
issued after the 1 January, 2005, which utilizes data link communications and is required to
carry a cockpit voice recorder shall record on a flight recorder, all data link communications
to and from the aeroplane or helicopter; the minimum recording duration shall be equal to the
duration of the cockpit voice recorder and shall be correlated to the recorded cockpit audio.
st
(4) With effect from the 1 January, 2007, an aeroplane or helicopter, which utilizes data
link communications and is required to carry a cockpit voice recorder shall record on a flight
recorder, all data link communications to and from the aeroplane or helicopter; the minimum
recording duration shall be equal to the duration of the cockpit voice recorder, and shall be
correlated to the recorded cockpit audio.
(5) Inspections of flight data records shall be conducted annually and a report of the
annual inspection shall be made available to the Authority.
(6) The use of engraving metal foil flight data recorders or, analogue data using
frequency modulation and photographic film flight data recorders is prohibited.
(7) The use of engraving metal foil flight data recorders or Photographic film flight data
recorders is prohibited.
41. Flight data recorders: aircrafts
(1) A person shall not fly an aircraft for which the individual certificate of airworthiness
was first issued on or after the 1st January, 1989—
(a) of a maximum certificated take-off mass of over 27,000 kg unless it is
equipped with a Type 1 flight data recorder; and
(b) of a maximum certificated take-off mass of over 5,700 kg up to and including
27,000 kg , unless it is equipped with a Type II FDR.
(2) A turbine-engined aircrafts for which the individual certificate of airworthiness was
st st
first issued on or after the 1 January, 1987 but before the 1 January, 1989 being of a
maximum certificated take-off mass of—
(a) over 5,700 kg shall, except those referred to in paragraph (b), unless it is
equipped with a FDR which shall record time, altitude, airspeed, normal
acceleration and heading; and
(b) over 27,000 kg of the types of which the prototype was certificated by the
th
appropriate national authority after the 30 September, 1969 unless it is
equipped with a Type II FDR.
(3) A turbine-engined aircraft for which the individual certificate of airworthiness was
st
first issued before the 1 January, 1987, being of a maximum certificated take-off mass of
over 5, 700 kg , unless it is equipped with a FDR which shall record time, altitude, airspeed,
normal acceleration and heading.
(4) A aircraft for which the individual certificate of airworthiness is first issued after the
1st January, 2005 of a maximum certificated take-off mass of over 5, 700 kg unless it is
equipped with a Type IA FDR.
(5) A multi-engined turbine powered aircraft of a maximum certificate take-off mass of
5,700 kg or less for which the individual certificatedo of airworthiness is first issued on or
after 1 January, 1990 unless it is equipped with a Type IIA FDR.
42. Flight data recorders: helicopters
A person shall not fly a helicopter of a maximum certificated take-off mass of over—
(a) 7,000 kg for which the individual certificate of airworthiness is first issued on
st
or after the 1 January, 1989 or having a passenger seating configuration of
more than nineteen unless it is equipped with a Type IV FDR to record the
parameters required to determine accurately the helicopter flight path, speed,
attitude, engine power and operation; and

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(b) 3,180 kg for which the individual certificate of airworthiness is first issued after
st
the 1 January, 2016 unless it is equipped with a Type IVA FDR to record the
parameters required to determine accurately the helicopter flight path, speed,
attitude, engine power, operation and configuration with a recording duration
of at least ten hours.
(c) 2,730 kg shall be equipped with a Type V FDR to record the parameters
required to determine accurately the helicopter flight path, speed, attitude and
engine power.
(d) An operator shall ensure, to the extent possible, in the event the helicopter
becomes involved in an accident or incident, the preservation of all related
flight recorder records, and if necessary the associated flight recorders, and
their retention in safe custody pending their disposition as determined in
accordance with these Regulations.
(e) Flight recorders shall be constructed, located and installed so as to provide
maximum practical protection for the recording sin order that the recorded
information may be preserved, recovered and transcribed. Flight recorders
shall meet the prescribed crashworthiness and fire protection specifications.
(f) All helicopters for which the individual certificate of airworthiness is first
st
issued after the 1 January, 2005, which utilize data link communications and
are required to carry a CVR, shall record on a flight recorder all data link
communications to and from the helicopter. The minimum recording duration
shall be equal to the duration of the CVR and shall be correlated to the
recorded cockpit audio.
(g) st
From the 1 January, 2007, all helicopters which utilize data link
communications and are required to carry a CVR, shall record on a flight
recorder, all data link communications to and from the helicopter. The
minimum recording duration shall be equal to the duration of the CVR and
shall be correlated to the recorded cockpit audio.
43. Flight data recorder duration
A person shall not fly an aircraft or helicopter unless it is equipped with a flight data
recorder capable of retaining the information recorded during at least the last twenty-five
hours of the operation, except for the Type IIA flight data recorders which shall be capable
of retaining the information recorded during at least the last thirty minutes of its operation.
44. Flight data recorder: information recorded
A person shall not fly an aircraft unless it is equipped with a flight data recorder
shall record the information specified in the Table set out in the First Schedule to these
Regulations.
45. Recording of data link communication
(1) A person shall not fly an aeroplane or helicopter that uses data link communications
and is required to carry a cockpit voice recorder, unless it is capable of recording on a flight
recorder all data link communications to and from the aeroplane or helicopter.
(2) The requirement in subregulation (1) shall apply—
(a) in all aeroplanes or helicopters to which the individual certificate of
st
airworthiness is issued after the 1 January, 2005; and
(b) in all aeroplanes or helicopters that use data link communications and are
required to carry a cockpit voice recorder.
(3) The minimum recording duration shall be equal to the duration of the CVR, and shall
be correlated to the recorded cockpit audio.

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(4) The recording referred to in subregulation (1) shall contain sufficient information to
derive the content of the data link communications message and, whenever practical, the
time the message was displayed to or generated by the crew shall be recorded.
(5) An aeroplane required to be equipped with a FDR and a CVR may alternatively be
equipped with the following number of combination (FDR/CVR) recorders—
(a) two – for all aircrafts of a certificated take-off mass of over 5,700 kg; and
(b) one – for all multi-engine turbine powered aircrafts of 5,700 kg or less.
(6) The recording referred to in subregulation (3) shall contain sufficient information to
derive the content of the data link communications message and, whenever practical, the
time the message was displayed to or generated by the crew shall be recorded.
46. Flight recorders electronic documentation
The documentation requirement concerning FDR and ADRS parameters provided by
operators to accident investigation authorities should be in electronic format and take
account of industry specifications.
PART VII – EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT
47. Emergency equipment: all aircraft
(1) A person shall not operate an aircraft unless that aircraft is equipped with emergency
and flotation equipment that is—
(a) readily accessible to the crew and, with regard to equipment located in
the passenger compartment, to passengers without appreciable time for
preparatory procedures;
(b) clearly identified and clearly marked to indicate its method of operation;
(c) marked to indicate the date of last inspection; and
(d) when carried in a compartment or container, marked to indicate the contents
and the compartment or container or the item itself.
(2) An item of emergency and flotation equipment referred to in subregulation (1) shall
be inspected regularly in accordance with inspection periods approved by the Authority.
48. Means for emergency evacuation
(1) An AOC holder shall not operate an aircraft with passenger emergency exit sill
heights—
(a) which are more than 1.83 metres (6 feet) above the ground with the aircraft
on the ground and the landing gear extended; or
(b) which would be more than 1.83 metres (6 feet) above the ground after the
collapse of, or failure to extend of, one or more legs of the landing gear and
st
for which a Type Certificate was first applied for on or after 1 April, 2000
unless it has equipment or devices available at each exit where subregulation
(1) or (2) apply, to enable passengers and crew to reach the ground safely
in an emergency.
(2) The equipment or device referred to in subregulation (1) need not be provided at
overwing exits if the designated place on the aircraft structure at which the escape route
terminates is less than 1.83 metres (6 feet) from the ground with the aircraft on the ground,
the landing gear extended, and the flaps in the take-off or landing position whichever flap
positions is higher from the ground.
(3) An aircraft required to have a separate emergency exit for the flight crew and for
which—
(a) the lowest point of the emergency exit is more than 1.83 metres (6 feet) above
the ground with the landing gear extended; or
(b) st
a Type Certificate was first applied for on or after the 1 April, 2000 shall
be more than 1.83 metres (6 feet) above the ground after the collapse of, or

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failure to extend one or more legs of the landing gear, shall have a device to
assist all members of the flight crew in descending to reach the ground safely
in an emergency.
(4) The assisting means for a floor level emergency exit shall meet the requirements
under which the aeroplane was type certified.
(5) The location of each passenger emergency exit shall be—
(a) recognisable from a distance equal to the width of the cabin;
(b) indicated by a sign visible to occupants approaching along the main
passenger aisle.
(6) There shall be an emergency exit locating sign—
(a) above the aisle near each over-the-wing passenger emergency exit, or at
another ceiling location if it is more practical because of low headroom;
(b) next to each floor level passenger emergency exit, except that one sign may
serve two such exits if they both can be seen readily from that sign; and
(c) on each bulkhead or divider that prevents fore and aft vision along the
passenger cabin, to indicate emergency exits beyond and obscured by
it, except that if this is not possible, the sign may be placed at another
appropriate location.
(7) Each passenger emergency exit marking and each locating sign shall be
manufactured to meet the interior emergency exit marking requirements under which the
aeroplane was type certified, unless the Authority cites different requirements for compliance
with this paragraph.
(8) Sources of general cabin illumination may be common to both the emergency and
the main lighting systems if the power supply to the emergency light system is independent
of the power supply to the main lighting system.
(9) The emergency lighting system shall provide enough general lighting in the
passenger cabin so that the average illumination, when measured at 40-inch intervals at seat
armrest height, on the centerline of the main passenger aisle, is at least 0.05 foot-candles.
49. Emergency lighting
(1) A person shall not operate a passenger carrying aircraft of a maximum approved
passenger seating configuration of more than nine unless the aircraft is provided with an
emergency lighting system having an independent power supply to facilitate the evacuation
of the aircraft.
(2) The emergency lighting system must include—
(a) for aircrafts which have a maximum approved passenger seating
configuration of more than nineteen—
(i) sources of general cabin illumination;
(ii) internal lighting in floor level emergency exit areas;
(iii) illuminated emergency exit marking and locating signs;
(iv) for aircrafts for which the application for the type certificate or
equivalent was filed in an appropriate authority and when flying by
night, exterior emergency lighting at all over wing exits, passenger
emergency exits and at exits where descent assist means are
required; and
(v) for aircrafts for which the type certificate was first issued by
an appropriate authority on or after the 1st January, 1958, floor
proximity emergency escape path marking system in the passenger
compartment(s);
(b) for aircrafts which have a maximum approved passenger seating
configuration of 19 or less—
(i) sources of general cabin illumination;

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(ii) internal lighting in emergency exit areas; and


(iii) illuminated emergency exit marking and locating signs.
(c) after the 1st April, 1998 an operator shall not, by night, operate a
passenger carrying aircraft which has a maximum approved passenger
seating configuration of nine or less unless it is provided with a source of
general cabin illumination to facilitate the evacuation of the aircraft.
(3) The system may use dome lights or other sources of illumination already fitted on the
aircraft and which are capable of remaining operative after the aircraft's battery has been
switched off.
50. Exits
(1) A person shall not fly an aircraft unless, every exit and every internal door in the
aircraft is in working order, and, subject to subregulations (2), (3) and (4), during take-off and
landing and during any emergency, every such exit and door shall be kept free of obstruction
and operating handle shall not be fastened by locking or otherwise so as to prevent, hinder
or delay door operation during emergency.
(2) An exit may be obstructed by cargo if it is an exit which, in accordance with
arrangements approved by the Authority, either generally or in relation to a class of aircraft
or a particular aircraft, is not required for use by passengers.
(3) Every exit from the aircraft, being an exit intended to be used by passengers in
normal circumstances, shall be marked with the word "EXIT" and "KUTOKA" in capital letters
and every exit, being an exit intended to be used by passengers in an emergency only, shall
be marked with the words "EMERGENCY EXIT" and "MLANGO WA DHARURA" in capital
letters.
(4) Every exit from the aircraft shall be marked with instructions and with diagrams, to
indicate the correct method of opening the exit and the markings shall be placed on or near
the inside surface of the door or other closure of the exit and, if it can be opened from the
outside of the aircraft, an or near the exterior surface.
(5) Subject to compliance with subregulation (4), if one, but not more than one, exit from
an aircraft becomes inoperative at a place where it is not reasonably practicable for it to
be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying
passengers until it next lands at a place where the exit can be repaired or replaced.
(6) On any flight pursuant to this subregulation—
(a) the number of passengers carried and the position of the seats which the
passengers occupy shall be in accordance with arrangements approved by
the Authority either in relation to the particular aircraft or to a class of aircraft;
and
(b) in accordance with arrangements so approved, the exit shall be fastened by
locking or otherwise, the words “EXIT”, “KUTOKA”, “EMERGENCY EXIT” and
“MLANGO WA DHARURA” shall be covered, and the exit shall be marked
by a red disc at least 23 centimetres in diameter with a horizontal white bar
across it bearing the words “NO EXIT” and “HAKUNA KUTOKA” in red letters.
51. Flights over designated land areas: all aircraft
A person shall not operate an aircraft across land areas which have been designated
by the State concerned as areas in which search and rescue would be especially difficult,
unless equipped with such signalling devices and life saving equipment, including means of
sustaining life as may be appropriate to the area over flown.
52. Survival equipment
An operator shall not operate an aircraft across areas in which search and rescue would
be especially difficult unless the aircraft is equipped with the following—
(a) signalling equipment to make the pyrotechnical distress signals as specified
in the Civil Aviation (Rules of the Air) Regulations, 2013;

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(b) at least one emergency locator transmitter capable of transmitting on both the
distress frequencies 406 MHz and 121.5 MHz simultaneously; and
(c) additional survival equipment for the route to be flown taking account of the
number of persons on board, except that the equipment in the documents
referred to in paragraph (b) need not be carried when the aircraft either—
(i) remains within a distance from an area where search and rescue is
not especially difficult corresponding to—
(ii) for large turbine powered aircrafts, no greater distance than that
corresponding to ninety minutes at cruising speed from an area
suitable for making an emergency landing; and
(d) life-saving rafts in sufficient numbers to carry all persons on board, stowed
so as to facilitate their ready use in emergency, provided with such lifesaving
equipment, including means of sustaining life, as is appropriate to the flight
to be undertaken.
53. Emergency locator transmitter: aircrafts
(1) A person shall not operate an aircraft unless the aircraft is equipped with an
automatically activated emergency locator transmitter capable of transmitting on 121.5 MHz
and 406 MHz.
(2) A person shall not operate an aircraft in flights over water away from land suitable for
making an emergency landing at a distance of more than 185 km (100 nm), in the case of
single-engine aircraft, and more than 370 km (200 nm), in the case of multi-engine aircrafts
capable of continuing flight with one engine inoperative unless the aircraft has one survival
automatic emergency locator transmitter that transmits simultaneously on 121.5 MHz and
406 MHz.
(3) A person operating over water flights shall not operate an aircraft at a distance
away from land, which is suitable for making an emergency landing, greater than that
corresponding to one hundred and twenty minutes at cruising speed or four hundred nautical
miles, whichever is the lesser, for aircrafts capable of continuing the flight to an aerodrome
with the critical power unit becoming inoperative at any point along the route or planned
diversions, unless that aircraft has two survival type emergency locator transmitters, one of
which shall be automatic, that transmits simultaneously on 121.5 MHz and 406 MHz.
(4) A person operating over water flights shall not operate an aeroplane at a distance
away from land, which is suitable for making an emergency landing, greater than that
corresponding to one hundred and twenty minutes at cruising speed or four hundred
nautical miles, whichever is the lesser, for aeroplanes capable of continuing the flight to an
aerodrome with the critical power unit becoming inoperative at any point along the route or
planned diversions, unless that aeroplane has at least two survival type emergency locator
transmitters, one of which shall be automatic, that transmits simultaneously on 121.5 MHz
and 406 MHz.
(5) A person shall not operate an aircraft on flights over designated land areas unless the
aircraft has one automatic emergency locator transmitter that can transmit simultaneously
on 121.5 MHz and 406 MHz.
(6) A person operating an aircraft in over water operations shall install at least one
survival type emergency locator transmitter referred to in subregulation (2) in each life raft
carried.
(7) For all aircraft, batteries used in emergency locator transmitters shall be replaced,
or recharged if the battery is rechargeable, when—
(a) the transmitter has been in use for more than one cumulative hour; or
(b) 50 per cent of their useful life, or for rechargeable batteries, fifty per cent of
their useful life of charge, has expired.
(8) The expiration date for a replacement or recharged emergency locator transmitter
battery shall be legibly marked on the outside of the transmitter on all aircraft.

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(9) An operator shall ensure that an emergency locator transmitter that is capable of
transmitting on 406 MHZ shall be coded as prescribed by the Authority and registered
with the national agency responsible for initiating search and rescue or another nominated
agency.
(10) For all aircraft, the useful life of a battery or useful life of charge requirements shall
not apply to batteries such as water-activated batteries that are essentially unaffected during
probable storage intervals.
(11) Aeroplanes authorized to carry more than 19 passengers for which the individual
certificate of airworthiness is first issued after the 1st July, 2008 shall be equipped with at
least two Emergency Locator Transmitter, one of which shall be automatic.
(12) All aeroplanes authorized to carry more than 19 passengers for which the individual
certificate of airworthiness is first issued after the 1st July, 2008 shall be equipped with at
least two ELTs, one of which shall be automatic.
54. Emergency locator transmitter: helicopters
(1) A person shall not operate a helicopter on a flight over water at a distance from land
corresponding to more than ten minutes flying time at normal cruising speed when operating
in Performance Class 1 or 2 or beyond autorotation or safe forced landing distance from land
when operating in Performance Class 3 unless it has one automatic survival emergency
locator transmitter and at least one survival emergency locator transmitter in a raft or life
jacket that transmits simultaneously on 121.5 or 406 MHz.
(2) A person shall not operate a helicopter over a designated land area unless it has
one automatic emergency locator transmitter that transmits on 121.5 or 406 MHz.
(3) A person shall not operate a helicopter on a flight over water at a distance from land
corresponding to more than ten minutes flying time at normal cruising speed when operating
in Performance Class 1 or 2 or beyond autorotation or safe forced landing distance from land
when operating in Performance Class 3 unless it has one automatic survival emergency
locator transmitter and at least one survival emergency locator transmitter in a raft or life
jacket that transmits simultaneously on 121.5 or 406 MHz.
55. Portable fire extinguishers
(1) A person shall not operate an aircraft unless hand fire extinguishers are provided for
use in crew, passenger, and as applicable, cargo compartments and galleys in accordance
with the following—
(a) the type and quantity of extinguishing agent is suitable for the kinds of fires
likely to occur in the compartment where the extinguisher is intended to be
used and, for personnel compartments, shall minimise the hazard of toxic gas
concentration;
(b) at least one hand fire extinguisher, containing Halon 1211 (bromochlorodi-
fluoromethane, CBrCIF2), or equivalent as the extinguishing agent, shall be
conveniently located on the cockpit for use by the flight crew;
(c) at least one hand fire extinguisher shall be located in, or readily accessible
for use in, each galley not located on the main passenger cabin;
(d) at least one readily accessible hand fire extinguisher shall be available for
use in each Class A or Class B cargo or baggage compartment and in each
Class E cargo compartment that is accessible to crewmembers in flight; and
(e) At least the following number of hand fire extinguishers shall be conveniently
located in the passenger compartment and, in the event that two or more
extinguishers are required, they shall be evenly distributed in the passenger
compartment—
Maximum approved passenger seating Number of Extinguishers
configuration
7 to 30 1
31 to 60 2

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61 to 200 3
201 to 300 4
301 to 400 5
401 to 500 6
501 to 600 7
601 or more 7
(f) at least one of the required fire extinguishers located in the passenger
compartment of an aircraft with a maximum approved passenger seating
configuration of at least thirty one, and not more than sixty, and at least two
of the fire extinguishers located in the passenger compartment of an aircraft
with a maximum approved passenger seating configuration of sixty one or
more must contain Halon 1211 (bromochlorodi-fluoromethane, CB1CIF2), or
equivalent as the extinguishing agent.
56. Lavatory fire extinguisher
(1) A person shall not operate an aircraft carrying passengers unless each lavatory in the
aircraft is equipped with a built-in fire extinguisher for each disposal receptacle for towels,
paper, or waste located within the lavatory.
(2) The built-in lavatory fire extinguishers referred in subregulation (1) shall be designed
to discharge automatically into each disposal receptacle upon occurrence of a fire in the
receptacle.
(3) Any agent used in a built-in fire extinguisher for each lavatory disposal receptacle
for towels, paper or waste in an aircraft for which the individual certificate of airworthiness
st
is first issued on or after the 31 December, 2011 and any extinguishing agent used in a
portable fire extinguisher in an aircraft for which the individual certificate of airworthiness is
st
first issued on or after the 31 December, 2016 shall—
(a) meet the applicable minimum performance requirements of the State of
Registry; and
(b) not be of a type listed in the 1987 Montreal Protocol on Substances that
Deplete the Ozone Layer as it appears in the Eighth Edition of the Handbook
for the Montreal Protocol on Substances that Deplete the Ozone Layer, Annex
A, Group II.
57. Lavatory smoke detector
A person shall not operate a passenger-carrying aircraft unless each lavatory in the
aircraft is equipped with a smoke detector system or equivalent that provides—
(a) warning light in the cockpit;
(b) a warning light or audio warning in the passenger cabin, which shall be readily
detected by a cabin crewmember, taking into consideration the positioning of
cabin crewmembers throughout the passenger compartment during various
phases of flight.
58. Crash axe
(1) A person shall not operate an aircraft with a maximum certificated take-off mass of
over 5,700 kg or having a maximum approved passenger seating configuration of more than
nine seats unless it is equipped with at least one crash axe or crowbar located in the cockpit.
(2) Where the maximum approved passenger-seating configuration is more than two
hundred an additional crash axe or crowbar shall be carried and located in or near the most
rearward galley area.
(3) Crash axes and crowbars located in the passenger compartment shall not be visible
to the passengers.
59. Marking of break-in points

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(1) A person shall not operate an aircraft or helicopter unless the areas of the fuselage
suitable for break-in by rescue crews in emergency are marked on aircrafts and helicopters
and such areas shall be marked upon the exterior surface of its fuselage with markings to
show the areas, in this regulation referred to as "break-in areas", which can, for purposes
of rescue in an emergency, be most readily and effectively broken into by persons outside
the aircraft or helicopter.
(2) The break-in areas shall be rectangular in shape and shall be marked by right-angled
corner markings, each area of which shall be 9 cm in length along its outer edge and 3 cm
in width.
(3) Where the corner markings referred to in subregulation (2) are more than 2 m apart,
intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 m between
adjacent markings.
(4) The words "CUT HERE IN EMERGENCY" and "KATA HAPA WAKATI WA
DHARURA" shall be marked across the centre of each break-in area in capital letters.
(5) The markings required under this Regulation shall be—
(a) painted, or affixed by other equally permanent means, red or yellow and,
in any case in which the colour of the adjacent background is such as to
render red or yellow markings not readily visible, be outlined in such a manner
that shall be readily distinguishable from the surrounding fuselage area by
contrast in colour; and
(b) kept clean and unobscured at all times.
(6) Where areas of the fuselage suitable for break-in by rescue crews in emergency are
marked on an aircraft, such areas shall be marked as shown in the following diagram—

60. First-aid and emergency medical kit


(1) An operator shall not operate an aeroplane or a helicopter unless it is equipped
with accessible and adequate medical supplies appropriate to the number of passengers
the aircraft is authorized to carry.
(2) The medical supplies referred to in subregulation (1) shall comprise—
(a) one or more accessible first-aid kits; and
(b) a medical kit, for the use of medical doctors or other qualified persons in
treating in-flight medical emergencies for passenger flights requiring a cabin
crew.
(3) The number of first-aid kits to be carried in the aeroplane or helicopter shall be to
the following scale—
Number of passenger seats installed Number of first-aid kits required
0 to 50 1
51 to 150 2
151 to 250 3
251 and more 4
(4) The number of first-aid kits to be carried in an aircraft shall be to the following scale—
Number of passenger seats installed Number of first-aid kits required
0 to 50 1
51 to 150 2
151 to 250 3
251 and more 4
(5) The first-aid kits referred to in subregulation (2) shall be distributed as evenly as
practicable throughout the passenger cabin.
(6) The required first-aid kits referred to in subregulation (2) shall be readily accessible
to cabin crew, and, in view of the possible use of medical supplies outside the aircraft in an
emergency situation, shall be located to the extent practicable near an exit.
(7) The first aid kits required under this regulation shall include the following contents—

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(i) a handbook on first aid;


(ii) ground-air visual signal code for use by survivors as specified in the Civil
Aviation (Rules of the Air and Air Traffic Control) Regulations;
(iii) materials for treating injuries;
(iv) ophthalmic ointment;
(v) a decongestant nasal spray;
(vi) insect repellent;
(vii) emollient eye drops;
(viii) sunburn cream;
(ix) water-miscible antiseptic/skin cleanser;
(x) materials for treatment of extensive burns;
(xi) oral drugs, including analgesic, antispasmodic, central nervous system
stimulant;
(xii) circulatory stimulant, coronary vasodilator, antidiarrhoeic and motion sickness
medications; and
(xiii) an artificial plastic airway and splints.
(8) The medical kit required under this regulation shall contain the following equipment
and drugs—
(a) equipment—
(i) one pair of sterile surgical gloves;
(i) sphygmomanometer;
(ii) stethoscope;
(iii) sterile scissors;
(iv) haemostatic forceps;
(v) haemostatic bandages or tourniquet;
(vi) sterile equipment for suturing wounds;
(vii) disposable syringes and needles; and
(viii) disposable scalpel handle and blade;
(b) drugs—
(i) coronary vasodilators;
(ii) analgesics;
(iii) diuretics;
(iv) anti-allergics;
(v) steroids;
(vi) sedatives;
(vii) ergometrine;
(viii) where compatible with Regulations of the appropriate authority, a
narcotic drug in injectable form; and
(ix) injectable bronchodilator.
61. Supplemental oxygen: pressurised aircrafts
(1) An operator shall not operate a pressurised aeroplane at pressure altitudes above
10,000 ft unless supplemental oxygen equipment capable of storing and dispensing the
oxygen supplies is provided.
(2) An aeroplane intended to be operated at flight altitudes at which the atmospheric
pressure is less than 700 hPa in personnel compartments shall be equipped with oxygen
storage and dispensing apparatus capable of storing and dispensing the oxygen supplies
required in subregulation (1).

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(3) The amount of supplemental oxygen shall be determined on the basis of cabin
pressure altitude, flight duration and the assumption that a cabin pressurisation failure will
occur at the pressure altitude or point of flight that is most critical from the standpoint
of oxygen need and the aircraft will descend in accordance with emergency procedures
specified in the Aircraft Flight Manual to a safe altitude for the route to be flown that will allow
continued safe flight and landing.
(4) In the event of failure, the cabin pressure altitude shall be considered the same as
the aircraft pressure altitude, unless it is demonstrated to the Authority that no probable
failure of the cabin or pressurisation system will result in a cabin pressure altitude equal
to the aircraft pressure altitude and under these circumstances this lower cabin pressure
altitude may be used as a basis for determination of oxygen supply.
62. Oxygen equipment and supply requirements
(1) An air operator shall not operate an aeroplane unless the members of the flight
crew on cockpit duty are supplied with supplemental oxygen in accordance with minimum
requirements prescribed in these Regulations.
(2) Where all occupants of cockpit seats are supplied from the flight crew source of
oxygen supply, they shall be considered as flight crewmembers on flight cockpit duty for the
purpose of oxygen supply.
(3) The cockpit seat occupants who are not supplied by the flight crew source of
oxygen supply and flight crewmembers not covered under subregulations (1) and (2) shall
be considered as passengers for the purpose of oxygen supply.
(4) Oxygen masks to be installed in an aircraft shall be—
(a) located so as to be within the immediate reach of flight crewmembers while
at their assigned duty station; and
(b) of a quick donning type for use by flight crewmembers in pressurised aircrafts
operating at pressure altitudes above 25,000 ft.
(5) Passengers in an aircraft shall be supplied with supplemental oxygen in accordance
with Table 1 below.
(6) An operator who operates an aircraft intended to be operated at pressure altitudes
above 25,000 ft shall ensure that the aircraft is provided with—
(a) sufficient spare outlets and masks or sufficient portable oxygen units with
masks for use by all required cabin crewmembers;
(b) spare outlets or portable oxygen units distributed evenly throughout the
cabin to ensure immediate availability of oxygen to each required cabin
crewmember regardless of his location;
(c) an oxygen dispensing unit connected to oxygen supply terminals immediately
available to each occupant, wherever seated; and
(d) total number of dispensing units and outlets which exceeds the number of
seats by at least ten per cent and the extra units evenly distributed throughout
the cabin.
(7) An aircraft intended to be operated at pressure altitudes above 25,000 ft or which,
if operated at or below 25,000 ft, cannot descend safely within four minutes to 13,000 ft,
shall be provided with automatically deployable oxygen equipment immediately available to
each occupant wherever seated and the total number of dispensing units and outlets shall
exceed the number of seats by at least ten per cent with the extra units evenly distributed
throughout the cabin.
(8) The oxygen supply requirements specified in Table 1 may, in the case of aircrafts
not certificated to fly above 25,000 ft, be reduced to the entire flight time between 10,000 ft
and 13,000 ft cabin pressure altitudes for all required cabin crewmembers and for at least
ten per cent of the passengers if, at all points along the route to be flown, the aircraft is able
to descend safely within four minutes to a cabin pressure altitude of 13,000 ft.

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TABLE 1 – Oxygen – Minimum Requirements for Supplementary Oxygen for Pressurised


Aircrafts (Note 1):
(a) (b)
Supply For: Duration And Cabin Pressure Altitude
1. All occupants of flight cockpit seats on Entire flight time when the cabin pressure
flight cockpit duty altitude exceeds 13,000 ft and entire flight
time when the cabin pressure altitude
exceeds 10,000 ft but does into exceed
13,000 ft after the first 30 minutes at those
altitudes, but in no case less than:
(i) 30 minutes for aircrafts certificated to fly at
altitudes not exceeding 25,000 ft (Note 2)
(ii) z hours for aircrafts certificated to fly at I
altitudes more than 2,000 ft (Note 3)
3. 100% of passengers (Note 5) Entire flight time when the cabin pressure
altitude exceeds 15,000 ft but in no case
less than 10 minutes (Note 4)
4. 30% of passengers (Note 5) Entire flight time when the cabin pressure
altitude exceeds 14,000 ft but does not
exceed 15,000 ft
5. 100% of Passengers (Note 5) Entire flight time when the cabin pressure
altitude exceeds 10,000 ft but does not
exceed 14,000 ft after the first 30 minutes at
these altitudes.
Note 1:
The supply provided must take account of the cabin pressure altitude and decent
profile for the routes concerned.
Note 2:
The required minimum supply is that quantity of oxygen necessary for a constant
rate of decent from the aircraft’s maximum certified operating altitude to 10,000 ft in 10
minutes and followed by 20 minutes at 10,000 ft.
Note 3:
The required minimum supply is that quantity of oxygen necessary for a constant
rate of decent from the aircraft’s maximum certified operating altitude to 10,000 ft in 10
minutes and followed by 110 minutes at 10,000 ft. The oxygen required under regulation
58(1) may be included in determining the supply required.
Note 4:
The required minimum supply is that quantity of oxygen necessary for a constant
rate of decent from the aircraft’s maximum certified operating altitude to 15,000 ft in 10
minutes.
Note 5:
For the purpose of this Table ‘passengers’ means passengers actually carried and
includes infants.
63. Supplemental oxygen: non-pressurised aircraft
(1) An operator shall not operate a non-pressurised aircraft at altitudes above
10,000 ft unless supplemental oxygen equipment capable of storing and dispensing the
oxygen supplies is provided.
(2) The amount of supplemental oxygen for sustenance required for a particular
operation shall be determined on the basis of flight altitudes and flight duration, consistent
with the operating procedures established for each operation in the Operations Manual and

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with the routes to be flown, and with the emergency procedures specified in the Operations
Manual.
64. Oxygen supply requirements on- pressurised aircraft
(1) A member of the flight crew on cockpit duty shall be supplied with supplemental
oxygen in accordance with Table 2 below where all occupants of cockpit seats are supplied
from the flight crew source of oxygen supply and they shall be considered as flight
crewmembers on cockpit duty for the purpose of oxygen supply.
(2) Cabin crewmembers and passengers shall be supplied with oxygen in accordance
with Table 2 below and cabin crewmembers carried in addition to the minimum number
of cabin crewmembers required, and additional crewmembers, shall be considered as
passengers for the purpose of oxygen supply.
TABLE 2 - Supplemental oxygen for non-pressurised aircraft:
Supply For: Duration And Pressure Altitude
1. AII occupants of flight cockpit seats on Entire flight time at pressure altitudes above
flight cockpit duty 10000 ft.
2. All required cabin crewmembers Entire flight time at pressure altitudes above
13000 ft and for any period exceeding 30
minutes at pressure altitudes above 10000 ft
but not exceeding 13000ft.
3. 100% of passengers (See Note) Entire flight time at pressure altitudes above
13000ft.
4. 10% of passengers (See Note) Entire flight time after 30 minuter at pressure
altitudes greater than 10000 ft but not
exceeding 13000ft
Note: For the purposes of this Table ‘passengers’ means passengers actually carried and
includes infants under the age of 2.
65. Protective breathing equipment
(1) Subject to subregulation (2), an AOC holder shall not operate an aircraft with a
maximum certificated takeoff mass of over 5,700 kg having a maximum approved seating
configuration of more than nineteen seats unless—
(a) it has protective breathing equipment to protect the eyes, nose and mouth
of each flight crewmember while on cockpit duty and to provide oxygen for a
period of not less than fifteen minutes; and
(b) it has sufficient protective breathing equipment to protect the eyes, nose and
mouth of all required cabin crewmembers and to provide oxygen for a period
of not less than fifteen minutes.
(2) When the flight crew is more than one and a cabin crewmember is not carried,
portable protective breathing equipment must be carried to protect the eyes, nose and mouth
of one member of the flight crew and to provide oxygen for a period of not less than fifteen
minutes.
(3) The oxygen supply for protective breathing equipment may be provided by the
required supplemental oxygen system.
(4) The protective breathing equipment intended for flight crew use shall be conveniently
located on the cockpit and be easily accessible for immediate use by each required flight
crewmember at their assigned duty station.
(5) The protective breathing equipment intended for cabin crew use shall be installed
adjacent to each required cabin crewmember duty station.
(6) Easily accessible portable protective breathing equipment shall be provided and
located at or adjacent to the required hand fire extinguishers except that, where the fire
extinguisher is located inside a cargo compartment, the protective breathing equipment shall
be stowed outside but adjacent to the entrance to that compartment.

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(7) The protective breathing equipment shall not while in use prevent required
communication.
66. First-aid oxygen dispensing units
(1) An AOC holder shall not conduct a passenger carrying operation in a pressurised
aircraft with a seating capacity of more than nineteen seats at altitudes above 25,000 ft
unless it is equipped with—
(a) undiluted first-aid oxygen for passengers who, for physiological reasons, may
require oxygen following a cabin depressurisation; and
(b) a sufficient number of dispensing units, but in no case less than two, with a
means for cabin crew to use the supply.
(2) The amount of first-aid oxygen required under subregulation (1)(a), for a particular
operation and route shall be determined on the basis of—
(a) flight duration after cabin depressurisation at cabin altitudes of more than
8,000 ft;
(b) an average flow rate of at least three litres standard temperature pressure dry
per minute per person; and
(c) at least two per cent of the passengers carried, but in no case for less than
one person.
(3) The amount of first-aid oxygen required for a particular operation shall be determined
on the basis of cabin pressure altitudes and flight duration consistent with the operating
procedures established for each operation and route.
(4) The oxygen equipment provided shall be capable of generating a mass flow to each
user of at least four litres per minute, standard temperature pressure dry, means may be
provided to decrease the flow to not less than two litres per minute, standard temperature
pressure dry, at any altitude.
67. Megaphones: aircraft
(1) An AOC holder shall not operate a passenger-carrying aircraft unless that
aircraft is equipped with portable battery-powered megaphones readily accessible to the
crewmembers assigned to direct emergency evacuation.
(2) The number and location of megaphones required by subregulation (1) shall be
determined as follows—
(a) on aircrafts with a seating capacity of more than sixty and less than one
hundred passengers, one megaphone shall be located at the most rearward
location in the passenger cabin where it would be readily accessible to a
normal flight attendant seat; and
(b) on aircrafts with a seating capacity of more than ninety nine passengers, two
megaphones in the passenger cabin with one installed at the forward end and
the other at the most rearward location where it would be readily accessible
to a normal flight attendant seat.
(3) For aircrafts with more than one passenger cockpit in all cases where the total
passenger seating configurations is more than sixty, at least one megaphone is required.
68. Megaphones: helicopters
An operator shall not operate with a helicopter with a total maximum approved
passenger-seating configuration of more than nineteen unless the helicopter is equipped
with portable battery-powered megaphones readily available for use by crewmembers
during emergency evacuation.
69. Individual flotation devices
(1) An operator shall not operate an aircraft on flights over water at greater than gliding
distance from land suitable for making an emergency landing unless the aircraft is equipped

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with one life jacket or equivalent individual flotation device for each person on board the
aircraft.
(2) The life jackets or equivalent individual flotation devices referred to in subregulation
(1) shall be stowed in a position easily accessible from the seat or berth of the person for
whose use it is provided.
(3) An AOC holder who operates an aircraft on extended over-water operations shall
ensure that each individual flotation device is fitted with an approved survivor locator light.
(4) All seaplanes and amphibians for all flights shall be equipped with a life jacket or
equivalent individual floatation device, for each person on board, stowed in a position easily
accessible from the seat or berth of the person for whose use it is provided.
(5) All aeroplanes operated on extended flights over water shall be equipped with, at a
minimum, one life jacket or equivalent individual floatation device for each person on board,
stowed in a position easily accessible from the seat or berth of the person for whose use
it is provided.
(6) An operator who operates an aircraft on extended overwater operations shall ensure
that each individual flotation device is fitted with an approved survivor locator light.
(7) Each life jacket and equivalent individual flotation device, when carried in accordance
with Regulations, shall be equipped with a means of electric illumination for the purpose of
facilitating the location of persons, except where the requirement of these Regulations are
met by the provision of individual flotation devices other than life jackets.
(8) An AOC holder who operates an aircraft on extended overwater operations shall
ensure that each individual flotation device is fitted with an approved survivor locator light.
70. Life rafts
(1) An operator shall not operate an aeroplane at a distance away from land, which is
suitable for making an emergency landing, greater than that corresponding to—
(a) one hundred and twenty minutes at cruising speed or four hundred nautical
miles, whichever is the lesser, for aeroplane capable of continuing the flight
to an aerodrome with the critical power unit becoming inoperative at any point
along the route or planned diversions; or
(b) thirty minutes at cruising speed or one hundred nautical miles, whichever is
the lesser, for all other aircrafts, without having on the aircraft enough life
rafts with rated capacities and buoyancy to accommodate the occupants of
the aircraft.
(2) Unless excess rafts of enough capacity are provided, the buoyancy and seating
capacity of the rafts referred in subregulation (1) shall accommodate all occupants of the
aircraft in the event of a loss of one raft of the largest rated capacity.
(3) The life rafts to be provided under this regulation shall be stowed so as to facilitate
readily use in emergency and be equipped with—
(a) a survivor locator light;
(b) a survival kit;
(c) life lines, and means of attaching one life raft with another;
(d) means of protecting the occupants from the elements;
(e) marine-type pyrotechnic signalling devices;
(f) a waterproof torch;
(g) means of making sea water drinkable, unless the full quantity of freshwater
is carried as specified in subregulation (1)(ii);
(h) for each 4 or proportion of 4 persons the life raft is designed to carry—
(i) 100 grams of glucose toffee tablets;
(ii) half litre of fresh water in durable containers or in any case in which
it is not reasonably practicable to carry the ½ litre of water , as

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large a quantity of fresh water as is reasonably practicable in the


circumstances:
Provided that, in no case shall the quantity of water carried be less than
is sufficient, when added to the amount of fresh water capable of being
produced by means of the equipment specified in paragraph (k) to provide
1/2 litre of water for each 4 or proportion of 4 persons the life raft is
designed to carry;
(i) first aid equipment; and
(j) two survival beacon radio apparatus for every eight life rafts, and an additional
survival beacon radio apparatus for every additional fourteen or proportion of
fourteen life rafts.
(4) The items specified in subregulations (3)(i) to (m) shall be contained in one pack.
(5) The life rafts referred in subregulation (1) which are not deployable by remote
control and which have a mass of more than 40 kg shall be equipped with some means of
mechanically assisted deployment.
(6) All seaplanes and amphibian aircraft shall be equipped with life rafts.
(7) An operator shall not operate an helicopter on a flight over water at a distance from
land corresponding to more than ten minutes flying time at normal cruising speed when
operating in Performance Class 1 or 2 or three minutes flying time at normal cruising speed
when operating in Performance Class 3 unless it carries, in the case of an helicopter carrying

(a) less than twelve persons, a minimum of one life-raft with a rated capacity of
not less than the maximum number of persons on board; or
(b) more than eleven persons, a minimum of two life-rafts sufficient together
to accommodate all persons capable of being carried on board, where
one life-raft of the largest rated capacity may be lost, shall be sufficient to
accommodate all persons on the helicopter.
71. Life jackets: helicopters
An operator shall not operate a helicopter for any operations on water or flight over water
when operating performance—
(a) Class 3 beyond auto rotational distance from land; or
(b) Class 1 or 2 at a distance from land corresponding to more than 10 minutes
flying time at normal cruise speed; or
(c) Class 2 or 3 when taking off or landing at a heliport where the take-off or
approach path is over water,
unless it is equipped with life jackets equipped with a survivor locator light, for
each person on board stowed in an easily accessible position, from the seat
or berth of the person for whose use it is provided and an individual infant
flotation device, equipped with a survivor locator light, for use by each infant
on board.
72. Flotation devices for helicopter ditching
A person shall not fly a helicopter over water at a distance from land corresponding to
more than ten minutes at normal cruise speed in the case of performance Class 1 or 2
helicopters, or flying over water beyond auto-rotational or safe forced landing distance from
land in the case of performance Class 3 helicopters, unless the helicopter is equipped with
a permanent or rapidly deployable means of flotation so as to ensure safe ditching of the
helicopter.
PART VIII – MISCELLANEOUS SYSTEMS AND EQUIPMENT
73. Seats, safety belts and shoulder harnesses

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(1) An operator shall not operate a passenger carrying aircraft unless it is equipped
with the following seats, safety belts and shoulder harnesses that meet the airworthiness
requirements for type certification of that aircraft—
(a) a seat or berth with safety belt for each person on board over the age of two
years;
(b) a supplementary loop belt or another restraint device for each infant;
(c) a berth designed to be occupied by two persons, such as a multiple lounge
or divan seat, shall be equipped with an approved safety belt for use by two
occupants during en route flight only;
(d) a safety harness, which includes shoulder straps and a safety belt which may
be used independently, for each flight crew seat;
(e) a safety harness for each pilot seat which shall incorporate a device
which shall automatically restrain the occupant's torso in the event of rapid
deceleration; and
(f) seat in the passenger compartment for each cabin crewmember.
(2) Aeroplanes or helicopters shall be equipped with a forward or rearward facing (within
15 degrees of the longitudinal axis of the aeroplane) seat, fitted with a safety harness for the
use of each cabin crewmember required to satisfy the emergency evacuation requirement.
(3) The safety harness referred to in subregulation (1) for each pilot seat shall
incorporate a device to prevent a suddenly incapacitated pilot from interfering with the flight
controls.
(4) In the case of an aircraft carrying out erect spinning, the Authority may permit a
safety belt with one diagonal shoulder harness strap to be fitted if the Authority determines
that such restraint is sufficient for carrying out erect spinning in that aircraft, and that it is not
reasonably practicable to fit a safety harness in that aircraft.
(5) All aeroplanes and helicopters shall be equipped with a forward or rearward facing
(within 15 degrees of the longitudinal axis of the aeroplane) seat, fitted with a safety harness
for the use of each cabin crewmember required to satisfy the intent of these regulations in
respect of emergency evacuation.
(6) Cabin crew seats provided in accordance with these Regulations shall be located
near floor level and other emergency exits as required by the State of Registry for emergency
evacuation.
74. Passenger and pilot compartment doors
(1) An operator shall not operate an aircraft which is equipped with a flight crew
compartment door unless the door is capable of being locked and has means by which
cabin crew can discreetly notify the flight crew in the event of suspicious activity or security
breaches in the cabin.
(2) All passenger-carrying aircrafts of a maximum certificated take-off mass in excess of
45, 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an
approved flight crew compartment door which shall be capable of being locked and unlocked
from either pilot's station, that is designed to resist penetration by small firearms, grenade
shrapnel and forcible intrusions by unauthorised persons.
(3) In all aircrafts which are equipped with a flight crew compartment door in accordance
with subregulation (2)—
(a) this door shall be closed and locked from the time all external doors are closed
following embarkation until any such door is opened for disembarkation,
except when necessary to permit access and egress by authorized persons;
and
(b) means shall be provided for monitoring from either pilot's station the entire
door area outside the flight crew compartment to identify persons requesting
entry and to detect suspicious behaviour or potential threat.

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75. Passenger information signs


An air operator shall not operate a passenger-carrying aeroplane unless—
(a) it is equipped with passenger information sign visible from passenger seats
notifying when smoking is prohibited;
(b) if the PIC cannot, from his own seat, see all the passengers' seats in the
aircraft, a means of indicating to passengers that the seat belt should be
fastened; and
(c) it is equipped with a sign or placard affixed to each forward bulkhead and
each passenger seat back that reads "Fasten Seat Belt While Seated" and
"Funga Mkanda Wakati Umeketi".
76. Public address system
An AOC holder shall not operate a passenger carrying aircraft with a maximum approved
passenger seating configuration of more than nineteen unless a public address system is
installed that—
(a) operates independently of the interphone systems except for handsets,
headsets, microphones, selector switches and signalling devices;
(b) for each required floor level passenger emergency exit which has an adjacent
cabin crew seat, has a microphone which is readily accessible to the
seated cabin crew member, except that one microphone may serve more
than one exit, provided the proximity of the exits allows unassisted verbal
communication between seated cabin crew members;
(c) is capable of operation within ten seconds by a cabin crew member at each
of those stations in the compartment from which its use is accessible; and
(d) is audible and intelligible at all passenger seats, toilets, and cabin crew seats
and workstations.
77. Materials Tor cabin interiors
An operator shall not operate an aircraft unless the seat cushions in any compartment
occupied by crew or passengers other than those on flight crewmember seat meet
requirements pertaining to fire protection as specified by the Authority.
78. Materials for cargo and baggage compartments
(1) An AOC holder shall not operate a passenger carrying aircraft unless, each Class C
cargo compartment greater than 200 cubic feet in volume in a transport category has ceiling
and sidewall liner panels which are constructed of—
(a) glass fibre reinforced resin; or
(b) materials which meet the test requirements for flame resistance of cargo
compartment liners as prescribed for type certification.
(2) In this Regulation the term "liner" includes any design feature, such as a joint or
fastener, which would affect the capability of the liner to safely contain fire.
(3) A Class C cargo or baggage compartment is one in which—
(a) there is a separate approved smoke detector or fire detector system to give
warning at the pilot or flight engineer station; there is an approved built-in fire
extinguishing or suppression system controllable from the cockpit;
(b) there is means to exclude hazardous quantities of smoke, flames, or
extinguishing agent, from any compartment. occupied by the crew or
passengers; and
(c) there are means to control ventilation and drafts within the compartment so
that the extinguishing agent used can control any fire that may start within
the compartment.
79. Power supply, distribution and indication system

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(1) An AOC holder shall not operate an aircraft unless it is equipped with an electrical
power supply and distribution system that—
(a) meets the airworthiness requirements for certification of a commercial air
transport aircraft, as specified by the Authority; or
(b) is able to produce and distribute the load for the required instruments and
equipment, with use of an external power supply if any one electrical power
source or component of the power distribution system fails, and a means for
indicating the adequacy of the electrical power being supplied to required
flight instruments.
(2) Engine-driven sources of energy when used shall be on separate engines.
80. Protective circuit fuses
(1) An operator shall not operate an aeroplane in which protective circuit fuses are
installed, unless there are spare protective circuit fuses available for use in flight equal to at
least ten per cent of the number of fuses of each rating or three of each rating whichever
is the greater.
(2) Where the aeroplane is fitted with fuses that are accessible in flight, spare electrical
fuses of appropriate ratings for replacement of those fuses.
81. Emergency power supply
(1) All aeroplanes of a maximum certificated take-off mass of over 5, 700 kg newly
st
introduced into service after the 1 January, 1975 shall be fitted with an emergency power
supply, independent of the main electrical generating system, for the purpose of operating
and illuminating, for a minimum period of 30 minutes, an attitude indicating instrument
(artificial horizon), clearly visible to the pilot-in-command.
(2) Subject to subregulation (1), the emergency power supply shall be automatically
operative after the total failure of the main electrical generating system and clear indication
shall be given on the instrument panel that the attitude indicator(s) is being operated by
emergency power.
82. Operation of aeroplanes or helicopters inhancing conditions
An operator shall not operate an aeroplane or a helicopter in circumstances in which icing
conditions are reported to exist or are expected to be encountered, unless the aeroplane or
the helicopter is equipped with suitable de-icing or anti-icing devices.
83. Icing detection
(1) An AOC holder shall not operate an aircraft in expected or actual icing conditions at
night unless it is equipped with a means to illuminate or detect the formation of ice.
(2) Any illumination that is used on an AOC holder-operated aircraft shall be of a type
that shall not cause glare or reflection that would handicap crewmembers in the performance
of their duties.
84. Pilot indication systems
An AOC holder shall not operate an aircraft equipped with a flight instrument pilot heating
system unless the aircraft is also equipped with an operable pilot heat indication system that
complies with the following requirements—
(a) the indication provided shall incorporate an amber light that is in clear view
of a flight crewmember; and
(b) the indication provided shall be designed to alert the flight crew if either the
pilot heating system is switched off, or the pilot heating system is switched on
and any pilot tube heating element is inoperative.
85. Static pressure system

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An AOC holder shall not operate an aircraft in accordance with instrument flight rules
or by night unless the aircraft is equipped with two independent static pressure systems,
except that for propeller-driven aircrafts with maximum certificated take-off mass of 5,700 kg
or less , one static pressure system and one alternate source of static pressure is allowed.
86. Windshield wipers
An AOC holder shall not operate an aircraft with a maximum certificated take-off mass of
over 5,700 kg, unless it is equipped at each pilot station with a windshield wiper or equivalent
means to maintain a clear portion of the windshield during precipitation.
87. Chart holder
An AOC holder shall not operate an aircraft in accordance with instrument flight rules or
by night unless the aircraft is equipped with a chart holder installed in an easily readable
position which can be illuminated for night operations.
88. Cosmic radiation detection equipment
An AOC holder shall not operate an aircraft above 15,000 m (49,000 ft) unless—
(a) that aircraft is equipped with an instrument to measure and indicate
continuously the dose rate of total cosmic radiation being received, that is
the total of ionising and neutron radiation of galactic and solar origin, and the
cumulative dose on each flight;
(b) a system of in-board quarterly radiation sampling acceptable to the Authority
is established.
89. Seaplanes and amphibians: miscellaneous equipment
An operator shall not operate a seaplane or an amphibian aircraft on water unless it is
equipped with—
(a) a sea anchor and other equipment necessary to facilitate mooring, anchoring
or manoeuvring the aircraft on water, appropriate to its size, weight and
handling characteristics; and
(b) equipment for making the sound signals prescribed in the International
Regulations for Preventing Collisions at Sea, where applicable; and
(c) one sea anchor (drogue).
PART IX – EXEMPTIONS
90. Requirements for application
(1) A person may apply to the Authority for an exemption from any of these Regulations.
(2) An application for an exemption shall be submitted not less than sixty days before
the date on which the time to obtain the review becomes due.
(3) A request for an exemption shall contain the applicant's—
(a) name;
(b) physical address and mailing address;
(c) telephone number;
(d) fax number if available; and
(e) email address if available.
(4) The application shall be accompanied by a fee specified by the Authority, for technical
evaluation.
91. Substance of the request for exemption
(1) An application for an exemption must contain the following—
(a) a citation of the specific requirement from which the applicant seeks
exemption;

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(b) an explanation of why the exemption is needed;


(c) a description of the type of operations to be conducted under the proposed
exemption;
(d) the proposed duration of the exemption;
(e) an explanation of how the exemption would be in the public interest, that is,
benefit the public as a whole;
(f) 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;
(g) 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; and
(h) if the applicant seeks to operate under the proposed exemption outside of the
Kenya's airspace, an indication whether the exemption would contravene any
provision of the Standards and Recommended Practices of the International
Civil Aviation organisation (ICAO) as well as the Regulations pertaining to the
airspace in which the operation will occur.
(2) Where the applicant seeks emergency processing, the application shall contain
supporting facts and reasons to the effect that the application was not timely filed, and the
reasons it is an emergency.
(3) The Authority may refuse an application if the Authority finds that the applicant has
not justified the failure to apply for an exemption in timely manner.
92. Initial review by the Authority
(1) The Authority shall review the application for accuracy and compliance with the
requirements of regulations 90 and 91.
(2) If the application appears on its face to satisfy the provisions of this Regulation and
the Authority determines that a review of its merits is justified, the Authority will publish a
detailed summary of the application in either Government Gazette, aeronautical information
circular or at least one of the local daily newspaper for comment and specify the date by
which comments must be received by the Authority for consideration. If the request is for
emergency relief, the Authority shall publish the application or the Authority's decision as
soon as possible after processing the application.
(3) Where the filing requirements of regulations 90 and 91 have not been met, the
Authority will notify the applicant and take no further action until and unless the applicant
corrects the application and re-files it in accordance with these Regulations.
93. Evaluation of the request
(1) After initial review, if the filing requirements have been satisfied, the Authority shall
conduct an evaluation of the request so as to include—
(a) a determination of whether an exemption would be in the public interest;
(b) a determination, after a technical evaluation of whether the applicant's
proposal would provide a level of safety equivalent to that established by the
regulation, although where the Authority decides that a technical evaluation
of the request would impose a significant burden on the Authority's technical
resources, the Authority may deny the exemption on that basis;
(c) a determination of whether a grant of the exemption would contravene the
applicable ICAO Standards and Recommended Practices; and
(d) a recommendation based on the preceding elements, of whether the request
should be granted or denied, and of any conditions or limitations that should
be part of the exemption.
(2) The Authority shall notify the applicant by letter and publish a detailed summary of
its evaluation and decision to grant or deny the request.

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(3) The summary referred to in subregulation (2) shall specify the duration of the
exemption and any conditions or limitations of the exemption.
(4) If the exemption affects a significant population of the aviation community of the
Kenya the Authority shall publish the summary in aeronautical information circular.
PART X – GENERAL PROVISIONS
94. Suspension, revocation of approval
(1) The Authority may, in the public interest, suspend provisionally pending further
investigation or re-examine the original certification basis of any approval, exemption or such
other document issued or granted under these Regulations.
(2) The Authority may, upon the completion of an investigation and in the public interest,
revoke, suspend, or vary any approval, exemption or such other document issued or granted
under these Regulations.
(3) The Authority may, in the public interest, prevent any person or aircraft from flying.
(4) A holder or any person having the possession or custody of any approval, exemption
or such other documents which has been revoked, suspended or varied under these
Regulations shall surrender it to the Authority within a reasonable time after being required
to do so by the Authority.
(5) The breach of any condition subject to which any approval, exemption or any such
other document, other than a licence issued in respect of an aerodrome, has been granted
or issued under these Regulations shall render the document invalid during the continuance
of the breach.
95. Use and retention of records
(1) A person shall not—
(a) use any approval, exemption or such other document issued or required
by or under these Regulations which has been forged, altered, revoked, or
suspended, or to which he is not entitled; or
(b) forge or alter an approval, exemption or other document issued or required
by or under these Regulations; or
(c) lend any approval, exemption or such other document issued or required by
or under these Regulations to any other person; or
(d) make any false representation for the purpose of procuring for himself or any
other person the grant issue renewal or variation of any such approval, or
exemption.
(2) During the period for which it is required under these Regulations to be preserved,
no person shall mutilate, alter, render illegible or destroy any records required by or under
these Regulations to be maintained, or knowingly make, or procure or assist in the making
of, any false entry in any record, or wilfully omit to make a material entry in record.
(3) All entries in records required to be maintained by or under these Regulations shall
be made in a permanent and indelible material.
(4) A person shall not purport to issue any approvals, authorisations or exemptions
under these Regulations unless he is authorised by the Authority to do so.
(5) A person shall not issue any approval, authorisation or exemption of the kind referred
to in subregulation (4) unless he has satisfied himself that all statements in the certificate
are correct, and that the applicant is qualified to hold that certificate.
96. Reports of violation
(1) Any person who knows of a violation of the Act, or any rule, regulation, or order
issued there under, shall report it to the Authority.
(2) The Authority will determine the nature and type of any additional investigation or
enforcement action that need be taken.

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97. Enforcement of directions


Any person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
98. Aeronautical user fees
(1) The Authority may notify the fees to be charged in connection with the issue,
validation, renewal, extension or variation of any certificate, licence or other document,
including the issue of a copy thereof, or the undergoing of any examination, test, inspection
or investigation or the grant of any permission or approval, required by, or for the purpose
of these Regulations any orders, notices or proclamations made thereunder.
(2) Upon application being made in connection with which a fee is chargeable in
accordance with the provisions of subregulation (1), the applicant shall be required, before
the application is entertained, to pay the fee so chargeable.
(3) If, after that payment has been made, the application is withdrawn by the applicant
or otherwise ceases to have effect or is refused, the Authority shall not refund the payment
made.
99. Application of regulations to Government and visiting forces, etc
(1) These Regulations shall apply to aircraft not being military aircraft, belonging to
or exclusively employed in the service of the Government, and for the purposes of such
application the Department or other authority for the time being responsible for management
of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft
belonging to the Government to be the owner of the interest of the Government in the aircraft.
(2) Except as otherwise expressly provided, the naval, military and air force authorities
and member of any visiting force and property held or used for the purpose of such a force
shall be exempt from the provision of these regulations to the same extent as if the visiting
force formed part of the military force of the Kenya.
100. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations shall—
(a) in so far as they apply, whether by express reference or otherwise, to aircraft
registered in Kenya, apply to such aircraft wherever they may be;
(b) in so far as they apply, whether by express reference or otherwise, to other
aircraft, apply to such aircraft when they are within the Kenya;
(c) in so far as they prohibit, require or regulate, whether by express reference
or otherwise, the doing of anything by any person in, or by any of the crew
of, any aircraft registered in Kenya, shall apply to such persons and crew,
wherever they may be; and
(d) in so far as they prohibit, require or regulate, whether by express reference or
otherwise, the doing of anything in relation to any aircraft registered in Kenya
by other persons shall, where such persons are citizens of the Kenya, apply
to them wherever they may be.
PART XI - OFFENCES AND PENALTIES
101. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his
licence, certificate, approval, authorisation, exemption or such other document revoked or
suspended.
102. Penalties
(1) A person who contravenes any provision of these Regulations, orders, notices or
proclamations made there under in relation to an aircraft, the operator of that aircraft and the
pilot-in-command, if the operator or, the pilot in command is not the person who contravened

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that provision he shall, without prejudice to the liability of any other person under these
Regulations for that contravention, be deemed for the purposes of the following provisions of
this Regulation to have contravened that provision unless he proves that the contravention
occurred without his consent or connivance and that he exercised all due diligence to prevent
the contravention.
(2) If it is proved that an act or omission of any person, which would otherwise have
been a contravention by that person of a provision of these Regulations, orders, notices
or proclamations made there under was due to any cause not avoidable by the exercise
of reasonable care by that person, the act or omission shall be deemed not to be a
contravention by that person of that provision.
(3) Where a person is charged with contravening a provision of these Regulations
orders, notices or proclamations made there under by reason of his having been a member
of the flight crew of an aircraft on a flight for the purpose of commercial air transport
operations, the flight shall be treated, without prejudice to the liability of any other person
under these Regulations, as not having been for that purpose if he proves that he neither
knew nor had reason to know that the flight was for that purpose.x
(4) A person who contravenes any provision of these Regulations, orders, notices or
proclamations made thereunder not being a provision referred to in subregulation (11) shall,
upon conviction, be liable to a fine, and in the case of a continuing contravention, each day
of the contravention shall constitute a separate offence.
(5) In case an aircraft is involved in a contravention and the contravention is by the
owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.
(6) Any aircraft subject to alien for the purpose of subregulation (5) may be seized by
and placed in the custody of the Authority.
(7) The aircraft shall be released from custody of the Authority upon—
(a) payment of the penalty or the amount agreed upon in compromise;
(b) deposit of a bond in such amount as the Authority may prescribe, conditioned
upon payment of the penalty or the amount agreed upon in compromise;
(c) receiving an order of the court to that effect.
(8) A person who contravenes any provision specified as an "A" provision in the Fourth
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding one million shillings for each offence and or to imprisonment for a term not
exceeding one year or to both.
(9) The Authority and any person specifically authorised by name by him or any police
officer not below the rank of inspector specifically authorised by name by the Minister, may
compound offences under Part A of the Second Schedule to these Regulations by assessing
the contravention and requiring the person reasonably suspected of having committed the
offence to pay to the Authority a sum equivalent in Kenya shillings of one hundred United
States dollars and three hundred United States dollars for provisions referred to in sub-part
(i) and sub-part (ii) respectively Part A of the Second Schedule to these Regulations.
(10) Where any person is aggrieved by any order made under subregulation (9), he may,
within twenty one days of such order being made, appeal against the order to the High Court
and the provisions of the Criminal Procedure Act (Cap. 75) shall apply mutatis mutandis, to
every such appeal as if it were an appeal against a sentence passed by a district court in
the exercise of its original jurisdiction.
(11) A person who contravenes any provision specified as a "B" provision in the Second
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding two million shillings for each offence and or to imprisonment for a term not
exceeding three years or to both.
(12) A person who contravenes any provision of these Regulations not being a provision
referred to in the Second Schedule to these Regulations commits an offence and is liable
on conviction to a fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four million shillings.

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103. Revocation of L.N. 30/ 2007


The Civil Aviation (Instruments and Equipments) Regulations, 2007 are repealed.

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FIRST SCHEDULE
[Regulation 44.]

FLIGHT DATA RECORDER – INFORMATION TO BE RECORDED


S/N requirements
type of . Measurement recording Accuracy
for Flight FDR Range interval Limits
Path and (SECONDS) (SENSOR
Speed UBOYT
COMPARED
TO FDR
READ-
OUT)
I IA II IIA .
2 Pressure x x x x -300 m 1 +/- 30 m
Altitude (-1,000 ft) to +/- 200
to max. m (+/-
certificated 1,00 ft to
altitude of +/- 700 ft)
aircraft +
1,500m
(5,000ft)
3 indicated x x x x 95 km/h 1 +/- 5%
airspeed (50 kt) to +/- 3%
or max Vso
calibrated
airspeed
. . Vso to
1.2 VD
27 Air- x x - - discrete 1 -
ground
status
and each
landing
gear air
ground
sensor
when
practicable
14 total or x x x x sensor 2 +/-2°C
outside range
air
temperature
4 heading - x - - 360° 1 +/-2°C
(Primary
crew
reference)
5 normal x x x x -3g to 0.125 +/- 1.5%
acceleration +6g max
range
excluding
datum
error of
5%
17 lateral x x - - +/-1g 0.25 +/- 1.5%
acceleration max
range
excluding

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datum
error of
5%
16 longitudinal
x x - - +/-1g 0.25 +/- 1.5%
acceleration max
range
excluding
datum
error of
5%
1 Time x x x x 24 hours 4 +/-
(UTC 0.125%
when per hour
available,
otherwise
elapsed
time)
31 navigationx x - - As 1 As
data*: installed installed
drift
angle,
wind
speed,
wind
direction,
latitude,
longitude,
groundspeed*
20 Radio x x - - -6m to 1 +/- 0.6m
altitude 750 m (+/- 2 ft)
(-20 ft to or +/- 3%
2,500 ft) whichever
is greater
below
150 m
(500
ft) and
+/- 5%
above
150 m
(500 ft)
Requirements . . .
for
Attitude
6 PITCH x x x x +/- 75° 1 +/- 2%
ATTITUDE
7 ROLL x x x x +/- 180° 1 +/- 2%
ATTITUDE
- YAW OR - x - - - - -
SLIDESLIP
ANGE*
29 ANGLE - x - - Full 0.5 As
OF range installed
ATTACK
Requirements . . .
for

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[Subsidiary]

Engine
Power
9 ENGINE x x x x Full 1 (per +/- 2%
THRUST/ range engine)
POWER:
PROPULSIVE
THRUST/
POWER
ON
EACH
ENGINE,
COCKPIT
THRUST/
POWER
LEVER
POSITION
12 THRUST x x x x Stowed, 1 (per -
REVERSE in transit, engine)
STATUS* reverse
- ENGINE - x - - - - -
THRUST
COMMAND*
- ENGINE - - - - - -
THRUST
COMMAND*
- ENGINE - x - - - - -
BLEED
VALVE
POSITION*
- ADDITIONAL - x - - - - -
ENGINE
PARAMETERS*:
EPR, N1,
INDICATED
VIBRATION
LEVEL,
N2, EGT,
TLA,
FUEL
FLOW,
FUEL
CUT OFF
LEVER
POSITION,
N3
19 Pitch trim x x - - 1 +/- 3%
surface unless
position higher
accuracy
uniquely
required
10 Flaps*: x x x x Full 2 +/-5% or
trailing range as pilot’s
edge flap or each indicator
position, discrete
cockpit position

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[Subsidiary]

control
selection
11 Slats*: x x x x Full 2 +/-5% or
leading range as pilot’s
edge or each indicator
flap (slat) discrete
position, position
cockpit
control
selection
32 Landing x x - - Discrete 4 As
gear*: installed
landing
gear,
gear
selector
positions
- Yaw trim - x - - - - -
surface
position*
- Roll trim - - - - - - -
surface
position*
- Cockpit - - - - - - -
trim
control
input
position
roll*
13 Ground x x x x Full 1 +/- 2%
spoiler range unless
and or each higher
speed discrete accuracy
brake*: position uniquely
Ground required
spoiler selection,
position, speed
ground brake
spoiler selection
- De-icing - - - - - -
and/or
anti-icing
system
selection*
- Hydraulic x x - - - - -
pressure
(each
system)*
- Fuel - x - - - - -
quantity*
- AC - x - - - - -
electrical
bus
status*
- DC - x - - - - -
electrical

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[Subsidiary]

bus
status*
- APU - x - - - - -
bleed
valve
position*
- Computed- x - - - - -
centre of
gravity*
Requirements . .
for
Operation
24 Master x x - - Discrete 1 -
Warnings
- Warnings - x - - - - -
18 Primary x x - - Full 1 +/-2%
flight range unless
control higher
surface accuracy
and uniquely
primary required
flight
control
pilot
input:
pitch
axis, roll
axis, yaw
axis
23 Marker x x - - Discrete 1 -
beacon
passage
25 Each x x - - Full 4 As
navigation range installed
receiver
frequency
selection:
NAV 1
and 2
8 Manual x x x x On— 1 -
radio off (one
transmission discrete)
keying
and
COCKPIT
VOICE
RECORDER/
FDR
synchronization
15 Autopilot/ x x x x A 1 -
autothrottle/ suitable
AFCS combination
mode of
and discrete
engagement
status*

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- Selected - - - - - -
barometric
setting*:
pilot, first
officer
- Selected - - - - - -
altitude
(al pilot
selectable
modes of
operation)*
- Selected - - - - - -
speed
(all pilot
selected
modes of
operation)*
Selected - x - - - - -
Mach
(all pilot
selectable
modes of
operation)*
Selected - x - - - - -
vertical
speed
(all pilot
selectable
modes of
operation)*
Selected - x - - - - -
flight path
(all pilot
selectable
modes of
operation)*:
course/
DSTRK,
path
angle
Selected - x - - - - -
decision
height*
EFIS - x - - - - -
display
format*:
pilot, first
officer
Multi- - x - - - - -
function/
engine/
alerts
display
format*
GPWS/ x x - - Discrete 1 -
TAWS/
GCAS

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Civil Aviation
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status*:
selection
of terrain
display
mode
including
pop-up
display
status,
terrain
alerts,
both
cautions
and
warnings,
and
advisories,
on/off
switch
position
Low - x - - Discrete 2 -
pressure
warning*:
hydraulic
pressure
pneumatic
pressure
Computer- x - - - - -
failure*
Loss of - x - - - - -
cabin
pressure
TCAS/ - x - - - - -
ACAS
(traffic
alert and
collision
avoidance
system)*
Ice - x - - - - -
detection*
Engine - x - - - - -
warning
each
engine
vibration*
Engine - x - - - - -
warning
each
engine
over
temperature*
Engine - x - - - - -
warning
each
engine oil

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Civil Aviation
[Subsidiary]

pressure
low*
Engine - x - - - - -
warning
each
engine
over
speed*
Wind - x - - - - -
shear
warning*
Operational- x - - - - -
stall
protection,
stick
shaker
and
pusher
activation*
- All - x - - - - -
cockpit
flight
control
input
forces*:
control
wheel,
control
column,
rudder
pedal
cockpit
input
forces
21 Vertical x x- - - Signal 1 +/-3%
deviation*: range
ILS glide
patch,
MLS
elevation,
GNSS
approach
path
22 Horizontalx x - - Signal 1 +/-3%
deviation*: range
ILS
localizer,
MLS
azimuth,
GNSS
approach
path
DME 1 x x - - Signal 1 +/-3%
and 2 range
distances
- Primary x x - - - - -
navigation

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[Subsidiary]

system
reference*:
GNSS,
INS,
VOR/
DME,
MLS,
Loran-C,
ILS
- Brakes*: - x - - - - -
left and
right
brake
pressure,
left and
right
brake
pedal
position
- Date* - x - - - - -
- Event - x - - - - -
Marker*
- Head-up - x - - - - -
display in
use*
- Para - x - - - - -
visual
display
on*

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SECOND SCHEDULE
[Regulations 102(9), (11) and (12).]

PENALTIES
Reg. No. Title Part
3 General instrument and B
equipment requirements
4 General requirements A
5 Navigation Equipment A
6 Minimum flight and A
navigational instruments:
VFR operations.
7 Instruments for operations A
requiring two pilots: VFR
operations?
8 Minimum Flight Navigation A
Instruments: IFR operations
10 Instruments for operations A
requiring two pilots IFR
operations?
11 Standby attitude indicator. A
12 Instrument and equipment A
required for Category II
operations.
13 Approval and maintenance of A
instruments and equipment
required for Category II
operations
15 Navigation equipment B
for operations in minimal
navigation performance
specification airspade
(MNPS)
16 Equipment for operations in B
reduced vertical separation
minimum airspace (RVSM).
17 Radio equipment A
18 Airborne collision avoidance A
system.
19 Altitude Reporting A
transponder.
20 Crewmember interphone A
system: aircraft.
21 Crewmember interphone A
system: helicopter
22 Aircraft lights and instrument A
illumination.
23 Engine instruments. A
24 Machmeter and speed B
warning devices.
25 Loss of pressurisation B
indicator.
26 Landing gear: aural warning B
device.
27 Altitude alerting system. B
28 Ground proximity warning A
system.

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29 Weather radar A
30 Cockpit voice recorders: A
aircraft.
31 Cockpit voice recorders: A
duration —aircraft
32 Cockpit voice recorders: A
general requirements -
aircraft
33 Cockpit voice recorders: A
helicopters.
34 Cockpit voice recorders: A
duration —helicopters"
35 Cockpit voice recorders: A
performance requirements.
36 Cockpit voice recorders: A
inspections.
37 Flight data recorders. A
38 Flight data recorders for A
aircrafts
39 Flight data recorders for A
helicopters
40 Flight data recorder duration A
41 Flight data recorder: A
information recorded
42 Recording of data link A
communication
43 Emergency equipment: all A
aircraft.
44 Means for emergency A
evacuation.
45 Emergency lighting. A
46 Exits. A
47 Flights over designated land A
areas: all aircraft
48 Survival equipment A
49 Emergency locator A
transmitter: aircrafts
50 Emergency locator A
transmitter: helicopters
51 Portable fire extinguishers. A
52 Lavatory fire extinguisher. A
53 Lavatory smoke detector. A
54 Crash axe. A
55 Marking of break-in points. A
56 First-aid and emergency A
medical kit.
57 Supplemental oxygen A
pressurised aircrafts.
58 Oxygen equipment and A
supply requirements.
59 Supplemental oxygen - non- A
pressurised aircrafts.
60 Oxygen supply requirements A
– non-pressurised aircraft.
61 Protective breathing A
equipment.

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Civil Aviation
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62 First-aid oxygen dispensing A


units.
63 Megaphones: aircraft. A
64 Megaphones: helicopters. A
65 Individual flotation devices. A
66 Life rafts. A
67 Life jacket: helicopters. A
68 Flotation devices for A
helicopters ditching.
69 Seats, safety belts and A
shoulder harnesses.
70 Passenger and pilot A
compartment doors.
71 Passenger information A
system.
72 Public address system. A
73 Materials for cabin interiors. A
74 Materials for cargo and A
baggage compartments.
75 Power supply, distribution A
and indication system.
76 Protective circuit fuses. A
77 Aircrafts in icing conditions. A
78 Icing detection. A
79 Pilot indication systems. A
80 Static pressure system. A
81 Windshield wipers. A
82 Chart holder. A
83 Cosmic radiation detection A
equipment.
84 Seaplanes and amphibians - A
miscellaneous equipment.
90 Use and retention of records. B
91 Reports of violation. B
92 Enforcement of directions A

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Civil Aviation
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CIVIL AVIATION (OPERATION OF AIRCRAFT) REGULATIONS, 2013


ARRANGEMENT OF THE REGULATIONS
PART I – PRELIMINARY PROVISIONS
Regulation
1. Citation.
2. Interpretation.
PART II – GENERAL OPERATIONS REQUIREMENTS
Aircraft Requirements
3. Registration markings.
4. Civil aircraft airworthiness
5. Certificate of airworthiness.
6. Aircraft instruments and equipment.
7. Inoperative instruments and equipment.
8. Aircraft flight manual, marking and placard requirements
9. Aeroplane operation standards.
10. Required aircraft and equipment
11. Documents to be carried on aircraft.
12. Production of documents.
13. Journey log book.
14. Preservation of documents.
15. Insurance.
16. Stowaways.
17. Co-ordination of activities potentially hazardous to civil aircraft.
18. Power to prohibit or restrict flying or landing or taking off.
19. Balloons, kites and airships
PART III – AIRCRAFT MAINTENANCE REQUIREMENTS
20. Aircraft maintenance requirements
21. Maintenance required.
22. Operator's maintenance responsibilities.
23. Operator's maintenance control manual
24. Maintenance programme
25. Content of the maintenance programme
26. Safety programme and management system
27. Inspections: commercial air transport.
28. Progressive inspection.
29. Changes to aircraft maintenance programmes
30. Inspections: all other aircraft.
31. Maintenance records.
32. Maintenance records retention.
33. Transfer of maintenance records.
PART IV – FLIGHT CREW REQUIREMENTS
34. Composition of flight crew.
35. Aeroplane operating procedures for noise abatement.
36. Operations under IFR or at night.
37. In-flight procedures: heliport operating minima.

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38. Heliport operating minima under IFR.


39. Requirements of experience, recency and training for single pilot operations at night
or instrument flight rules.
40. IFR operations.
41. Pilot authorisation in lieu of a type rating.
42. Pilot recent experience: PIC, co-pilot cruise relief pilot.
43. PIC: route and airport qualification.
44. Pilot proficiency checks.
45. Performance information.
46. Licences required.
47. Pilots: qualifications.
48. Rating required for IFR operations.
49. Special authorisation required for Category II or III operations.
50. Recording of flight time.
51. Pilot-in-command and co-pilot currency: take-offs and landings.
52. Pilot currency: IFR operations.
53. Pilot currency: general aviation operations.
54. Pilot privileges and limitations.
PART V – CREW MEMBER DUTIES AND RESPONSIBILITIES
55. Authority and responsibility of the PIC.
56. Authority of the pilot-in-command.
57. Compliance with local regulations.
58. Compliance by a foreign operator with laws, regulations and procedures.
59. Surveillance of operations by a foreign operator.
60. Imperilling the safety of persons and property.
61. Fitness of crewmembers.
62. Use of narcotics, drugs or intoxicating liquor.
63. Crewmember use of seatbelts and shoulder harnesses.
64. Flight crewmembers at duty stations.
65. Required crewmember equipment.
66. Compliance with checklists.
67. Search and rescue information.
68. Information on emergency and survival equipment carried.
69. Locking of cockpit compartment door.
70. Admission to the cockpit.
71. Power to inspect.
72. Duties during critical phases of flight.
73. Microphones.
74. Manipulation of the controls: commercial air transport.
75. Simulated abnormal situations in flight: commercial air transport.
76. Completion of the technical logbook: commercial air transport.
77. Reporting mechanical irregularities.
78. Reporting of facility and navigation aid inadequacies.
79. Reporting of incidents.
80. Hazardous flight conditions.
81. Accident notification.
82. Duties of pilot-in-command.
83. Operation of flight recorders.

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84. Crewmember oxygen supply.


85. Use of oxygen.
86. Carriage of dangerous goods.
87. Portable electronic devices.
PART VI – FLIGHT PLANS AND AIR TRAFFIC CONTROL CLEARANCE
Operational Flight Planning and Preparation
88. Pre-flight action.
89. Operation of aircraft on the ground.
90. Flight into known or expected icing.
91. Aerodrome operating minima.
92. Take-off conditions.
93. Altimeter settings.
94. Climb performance procedures.
95. Operation of radio in aircraft.
96. Weather reports and forecasts.
97. Weather limitations for visual flight rules flights.
98. Adequacy of operating facilities.
99. Fuel and oil for VFR operations.
100. Diversions decision: engine inoperative.
101. Instrument flight rules destination aerodromes.
102. Instrument flight rules alternate aerodrome selection criteria.
103. Off-shore alternates for helicopter operations.
104. Take-off alternate aerodromes: commercial air transport operations.
105. Destination alternate heliport.
106. Maximum distance from an adequate aerodrome for two-engined aeroplanes without
an ETOPS approval.
107. Extended range operations with two-engined aeroplanes.
108. En-route alternate aerodromes: ETOPS operations.
109. Fuel and oil supply or records.
110. Flight planning: document distribution and retention.
111. Piston-engined aeroplanes.
112. Commercial air transport: loading of aircraft.
113. Turbine-engined aeroplanes.
114. Aircraft loading, mass and balance.
115. Stowage of baggage and cargo.
116. Maximum allowable weights to be considered on all load manifests.
117. Flight release required: commercial air transport.
118. Operational flight plan: commercial air transport.
PART VII – AIRCRAFT OPERATING AND PERFORMANCE LIMITATIONS
All Aircraft
119. Aircraft airworthiness and safety precautions.
120. Performance and operating limitations.
121. In-flight simulation of abnormal situations.
122. Test-flight areas.
123. Operation in RNP, MNPS or RVSM airspace.
124. Reports of height-keeping performance.
125. Electronic navigation data management.

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126. Compliance with visual and electronic glide slopes.


127. Restriction or suspension of operations: commercial air transport.
128. Continuation of flight when destination aerodrome is temporarily restricted:
commercial air transport.
129. Continuation of instrument flight rules flight toward a destination.
130. Operations of single-engine aircraft.
131. Operations of single-engine turbine-powered aircraft at night or in instrument
meteorological conditions.
132. Instrument flight rules take-off minima for commercial air transport.
133. Instrument approach procedures and Instrument flight rules landing minima.
134. Commencing an instrument approach.
135. Instrument approaches to aerodromes.
136. Threshold crossing height for precision approaches.
137. Operation below decision height or minimum descent altitude.
138. Landing during instrument meteorological conditions.
139. Execution of a missed approach procedure.
140. Minimum altitudes for use of an autopilot.
141. Minimum flight altitudes.
142. Receiver failure.
143. Aircraft performance calculations for all aircrafts.
144. General weight and obstruction clearance limitations.
145. Category II and III operations: general operating rules.
146. Category II and Category III: operations manual.
147. Authorisation for deviation from certain Category II operations.
Aircraft used in Commercial Air Transport Operation
148. General.
149. Rules of the air and air traffic control.
150. Aircraft performance calculations for commercial air transport.
151. Take-off limitations.
152. En-route limitations: all engines operating.
153. En-route limitations: one engine inoperative.
154. En-route limitations: three or more engines, two engines inoperative.
155. Landing limitations.
PART VIII – PASSENGER AND PASSENGER HANDLING
All Passenger-Carrying Operations
156. Unacceptable conduct.
157. Refuelling or defuelling with passengers on board.
158. Passenger seats, safety belts and shoulder harnesses.
159. Passenger briefing: non-AOC holder aircraft.
160. In-flight emergency instruction.
161. Passenger oxygen: minimum supply and use.
162. Alcohol or drugs.
163. Use of psychoactive substances.
Commercial Air Transport Passenger Carrying Operations
164. Passenger compliance with instructions.
165. Denial of transportation.
166. Carriage of Persons Without Compliance with Passenger Carrying Requirements.

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167. Cabin crew at duty stations.


168. Evacuation capability.
169. Arming of automatic emergency exits.
170. Accessibility of emergency exits and equipment.
171. Stops where passengers remain on board.
172. Carriage of persons with reduced mobility.
173. Exit row seating.
174. Carriage of munitions of war.
175. Prohibition against carriage of weapons.
176. Oxygen for medical use by passengers.
177. Least-risk bomb location and stowage of weapons.
178. Carry-on baggage.
179. Carriage of cargo in passenger compartments.
180. Passenger information signs.
181. Required passenger briefings: AOC holder.
182. Passenger briefing: extended over water operations.
183. Passenger seat belts.
184. Passenger seat backs.
185. Stowage of food, beverage and passenger service.
186. Securing of items of mass in passenger compartment.
Crew member and Flight Operations Officer Qualifications:
Commercial Air Transport Operation
187. Age restriction.
188. PIC licence requirements: turbojet, turbofan or large aircraft
189. PIC licence requirements: non-turbojet or turbofan small aircraft.
190. PIC aeronautical experience: Small aircraft.
191. Co-pilot licence requirements.
192. Flight engineer licence requirements.
193. One pilot qualified to perform flight engineer functions.
194. Persons qualified in flight release.
195. Company procedures indoctrination.
196. Initial dangerous goods training.
197. Security training programmes.
198. Initial emergency equipment drills.
199. Initial emergency equipment drills.
200. Initial aircraft ground training: flight crew.
201. Initial aircraft ground training: cabin crew.
202. Competence checks: cabin crewmembers.
203. Initial training: flight operations officer.
204. Initial flight training: flight crewmember.
205. Initial specialised operations training.
206. Aircraft differences training.
207. Use of synthetic flight trainers.
208. Aircraft and instrument proficiency checks.
209. Introduction of new equipment or procedures.
210. Pilot qualification: recent experience.
211. Pilot operating limitations and pairing requirements.
213. Flight engineer proficiency checks.

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214. Competence checks: flight operations officer.


215. Supervised line flying: pilots.
216. Supervised line flying: flight engineers.
217. Supervised line experience: cabin crew.
218. Line observations: flight operations officer.
219. Route and area checks: pilot qualification.
220. Low minimums authorisation: PIC.
221. Designated special aerodromes and heliports: PIC qualification.
222. Designated special airport qualifications aerodrome limitations.
223. Recurrent training and checking: flight crewmembers.
224. Recurrent training: cabin crewmembers.
225. Recurrent training: flight operations officers.
226. Check pilot training.
227. Authorised instructor or synthetic flight trainer and authorised instructor training.
228. Authorised instructor qualifications.
229. Check pilot and authorised flight engineer qualifications.
230. Check pilot designation.
231. Check pilot authorizations and limitations.
232. Synthetic flight trainer approval.
233. Line qualification: check pilot and instructor.
234. Termination of a proficiency, competence or line check.
235. Recording of crew member qualifications.
236. Monitoring of training and checking activities.
237. Eligibility period.
PART IX – FATIGUE OF CREW AND PROTECTION
OF FLIGHT CREW FROM COSMIC RADIATION
Fatigue of Crew
238. Application, interpretation and modification.
239. Establishment of limits on flight times, flight duty periods and rest periods.
240. Maximum flight duty periods for crew member.
241. Minimum rest periods for crew members.
242. Duty and rest periods for flight operations officers.
243. Records of flight times and duty periods.
244. Maximum flight times for crew member.
245. Provision for particular cases.
246. Duties of operators to prevent excessive fatigue of crew members.
PROTECTION OF CREW MEMBER FROM COSMIC RADIATION
247. Protection of crew member from cosmic radiation.
248. Cosmic radiation: records to be kept.
PART X – FLIGHT RELEASE: COMMERCIAL AIR TRANSPORT OPERATIONS
249. Qualified persons required for operational control functions.
250. Functions associated with operational control.
251. Operator notification.
252. Operational control duties.
253. Contents of a flight release.
254. Flight release: aircraft requirements.
255. Flight release: facilities and NOTAMs.

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[Subsidiary]

256. Flight release: weather reports and forecasts.


257. Flight release in icing conditions.
258. Flight release under VFR or IFR.
259. Flight release: minimum fuel supply.
260. Flight release: aircraft loading and performance.
261. Flight release: amendment or re-release en-route.
262. Flight release: requirement for airborne weather radar equipment.
PART XI – EXEMPTIONS
263. Requirement for application.
264. Request for exemption.
Review, Publication and Issue or Denial of the Exemption
265. Initial review by the Authority.
266. Evaluation of the request.
PART XII – GENERAL PROVISIONS
267. Possession of the licence.
268. Drug and alcohol testing and reporting.
269. Inspection of licences and certificates.
270. Change of name.
271. Change of address.
272. Replacement of documents.
273. Certificate suspension and revocations.
274. Use and retention of certificates and records.
275. Reports of violation.
276. Enforcement of directions.
277. Aeronautical user fees.
278. Application of Regulations to Government and visiting forces, etc.
279. Extra-territorial application of regulations.
280. Flights over any foreign country.
PART XIII – OFFENCES AND PENALTIES
281. Contravention of Regulations.
282. Penalties.
283. Revocation of L.N. 31/2007.
SCHEDULE —
PENALTIES

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Civil Aviation
[Subsidiary]

CIVIL AVIATION (OPERATION OF AIRCRAFT) REGULATIONS, 2013


[L.N. 76/2013.]

PART I – PRELIMINARY PROVISIONS


1. Citation
These Regulations may be cited as the Civil Aviation (Operation of Aircraft) Regulations,
2013.
2. Interpretation
In these Regulations, unless the context otherwise requires—
"accelerate-stop distance available (ASDA)" means the length of the take-off run
available plus the length of stopway, if provided;
"advisory airspace" means an airspace of defined dimensions, or designated route,
within which air traffic advisory service is available;
"aerial work" means an aircraft operation in which an aircraft is used for specialised
services including, but not limited to agriculture, construction, photography, surveying,
observation and patrol, search and rescue and aerial advertisement;
"aerodrome" means a defined area on land or water, including any buildings,
installations and equipment, used or intended to be used either wholly or in part for the
arrival, departure and surface movement of aircraft;
"aerodrome operating minima" means the limits of usability of an aerodrome for—
(a) take-off, expressed in terms of runway visual range and visibility and, if
necessary, cloud conditions;
(b) landing in precision approach and landing operations, expressed in terms
of visibility and runway visual range and decision altitude or height (DA or
DH) as appropriate to the category of the operation;
(c) landing in approach and landing operations with vertical guidance,
expressed in terms of visibility and runway visual range and decision
altitude or height (DA or DH); and
(d) landing in non-precision approach and landing operations, expressed in
terms of visibility and runway visual range, minimum descent altitude or
height (MDA or MDH) and, if necessary, cloud conditions;
"aerodrome traffic zone" means an airspace of defined dimensions established
around an aerodrome for the protection of aerodrome traffic;
"aeronautical product" means any aircraft, aircraft engine, propeller, or
subassembly, appliance, material, part, or component to be installed;
"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift inflight
chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
"aircraft" means any machine that can derive support in the atmosphere from the
reactions of the air, other than the reactions of the air against the earth's surface;
"aircraft component"means any component part of an aircraft up to and including
a complete power plant or any operational or emergency equipment;
"aircraft operating manual" means a manual, acceptable to the State of
the Operator, containing normal, abnormal and emergency procedures, checklists,
limitations, performance information, details of the aircraft systems and other material
relevant to the operation of the aircraft;
"aircraft type" means all aircraft of the same basic design;

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[Subsidiary]

"airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces,
including rotors (but excluding propellers and rotating airfoils of a powerplant) and
landing gear of an aircraft and their accessories and controls;
"air operator certificate (AOC)" means a certificate authorizing an operator to carry
out specified commercial air transport operations;
"air traffic control service" means a service provided for the purpose of—
(a) preventing collisions—
(i) between aircraft; and
(ii) on manoeuvring area between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
"air traffic control unit" is a generic term meaning variously an area control centre,
approach control unit or aerodrome control tower;
"air traffic service" is a generic term meaning variously flight information service,
alerting service, air traffic advisory service, or air traffic control service;
"airworthy" means the status of an aircraft, engine, propeller or part when it
conforms to its approved design and is in a condition for safe operation;
"alternate aerodrome" means an aerodrome to which an aircraft may proceed when
it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of
intended landing including the following—
(a) take-off alternate – an alternate aerodrome at which an aircraft can land
should this become necessary shortly after take-off and it is not possible
to use the aerodrome of departure;
(b) en-route alternate – an alternate aerodrome at which an aircraft would
be able to land after experiencing an abnormal or emergency condition
while en route;
(c) ETOPS en-route alternate – a suitable and appropriate alternate
aerodrome at which an aeroplane would be able to land after experiencing
an engine shutdown or other abnormal or emergency condition while en
route in an ETOPS operation; and
(d) destination alternate – an alternate aerodrome to which an aircraft may
proceed should it become either impossible or inadvisable to land at the
aerodrome of intended landing;
"altimetry system error (ASE)" means the difference between the altitude indicated
by the altimeter display, assuming a correct altimeter barometric setting, and the
pressure altitude corresponding to the undisturbed ambient pressure;
"appliance" means any instrument, mechanism, equipment, part, apparatus,
appurtenance, or accessory, including communications equipment, that is used or
intended to be used in operating or controlling an aircraft in flight, is installed in or
attached to the aircraft, and is not part of an airframe, power plant, or propeller;
"approach and landing operations using instrument approach procedures"
means instrument approach and landing operations classified as follows—
(a) non-precision approach and landing operations – an instrument approach
and landing which utilizes lateral guidance but does not utilize vertical
guidance;
(b) approach and landing operations with vertical guidance – an instrument
approach and landing which utilizes lateral and vertical guidance but does
not meet the requirements established for precision approach and landing
operations;
(c) precision approach and landing operations – an instrument approach
and landing using precision lateral and vertical guidance with minima as
determined by the category of operation;

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"appropriate authority" means—


(a) regarding flight over the high seas, the relevant authority of the
state of registry;
(b) regarding flight other than over the high seas, the relevant
authority of the state having sovereignty over the territory being
overflown;
"area navigation (RNAV)" means a method of navigation which permits aircraft
operation on any desired flight path within the coverage of ground – or space-
based navigation aids or within the limits of the capability of self-contained aids, or
a combination of these;
"authorised instructor" means a person who—
(a) holds a valid ground instructor licence issued under the Civil
Aviation (Personnel Licensing) Regulations when conducting
ground training;
(b) holds a current flight instructor rating issued under the Civil
Aviation (Personnel Licensing) Regulations when conducting
ground training or flight training; or
(c) is authorised by the Authority to provide ground training or flight
training under the Civil Aviation (Personnel Licensing) and the Civil
Aviation (Approved Training Organisations) Regulations;
"authorised person" means any person authorized by the Authority either
generally or in relation to a particular case or class of cases, and references to an
authorized person includes references to a holder for the time being of any office
designated by the Authority;
"Authority" means the Kenya Civil Aviation Authority;
"cabin crew member" means a crewmember who performs, in the interest of
safety of passengers, duties assigned by the operator or the pilot-in-command of
the aircraft, but who shall not act as a flight crew member;
"Category II (CAT II) operations" means, a precision instrument approach and
landing with a decision height lower than 60 m (200 ft), but not lower than 30 m
(100 ft), and a runway visual range not less than 350 m;
"Category IIIA (CAT IIIA) operations" means, a precision instrument approach
and landing with—
(a) a decision height lower than 30 m (100 ft) or no decision; and
(b) a runway visual range not less than 200 m;
"Category IIIB (CAT IIIB) operations" means, a precision instrument approach
and landing with—
(a) a decision height lower than 15 m (50ft) or no decision height; and
(b) a runway visual range less than 200 m but not less than 50 m;
"Category IIIC (CAT IIIC) operations" means a precision instrument approach
and landing with no decision height and no runway visual range limitations;
"check pilot" means a pilot approved by the Authority who has the appropriate
training, experience, and demonstrated ability to evaluate and certify the
knowledge and skills of other pilots;
"commercial air transport" means an aircraft operation involving the transport of
passengers, cargo, or mail for remuneration or hire;
"configuration deviation list (CDL)" means a list established by the organisation
responsible for the type design with the approval of the State of Design which
identifies any external parts of an aircraft type which may be missing at the
commencement of a flight, and which contains, where necessary, any information
on associated operating limitations and performance correction;

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"continuing airworthiness" means the set of processes by which an aircraft,


engine, propeller or part complies with the applicable airworthiness requirements
and remains in a condition for safe operation throughout its operating life;
"Contracting States" means all States that are parties to the Convention on
International Civil Aviation (Chicago Convention);
"co-pilot" means a licensed pilot serving in any piloting capacity other than as
PIC, but excluding a pilot who is on board the aircraft for the sole purpose of
receiving flight instruction;
"crew member" means a person assigned by an operator to duty on an aircraft
during a flight duty period;
"crew resource management (CRM)" means a program designed to improve
the safety of flight operations by optimising the safe, efficient, and effective
use of human resources, hardware, and information through improved crew
communication and co-ordination;
"critical engine" means the engine whose failure would most adversely affect the
performance or handling qualities of an aircraft;
"critical phases of flight" means those portions of operations involving taxiing,
take-off and landing, and all flight operations below 10,000 ft, except cruise flight;
"cruise relief pilot" means a flight crew member who is assigned to perform pilot
tasks during cruise flight, to allow the PIC or a co-pilot to obtain planned rest;
"cruising level" means a level maintained during a significant portion of a flight;
"dangerous goods" means articles or substances which are capable of posing a
risk to health, safety, property or the environment and which are shown in the list of
dangerous goods in the Technical Instructions or which are classified according to
those Instructions;
"decision altitude (DA) or decision height (DH), Duty" means a specified
altitude or height in the precision approach or approach with vertical guidance
at which a missed approach must be initiated if the required visual reference to
continue the approach has not been established;
"defined point after take-off" means the point, within the take-off and initial climb
phase, before which the performance class 2 helicopter's ability to continue the
flight safely, with one engine inoperative, is not assured and a forced landing may
be required;
"duty period" means a period which starts when a flight or cabin crewmember is
required by an operator to report for or to commence a duty and ends when that
person is free from all duties;
"emergency locator transmitter (ELT)" means a generic term describing
equipment which broadcast distinctive signals on designated frequencies and,
depending on application, may be automatically activated by impact or be manually
activated and an ELT may be any of the following—
(a) Automatic fixed ELT (ELT(AF)) means an automatically activated ELT
which is permanently attached to an aircraft;
(b) Automatic portable ELT (ELT(AP)) means an automatically activated (b)
ELT which is rigidly attached to an aircraft but readily removable from the
aircraft;
(c) Automatic deployable ELT (ELT(AD)) means an ELT which is rigidly
attached to an aircraft and which is automatically deployed and activated
by impact, and, in some cases, also by hydrostatic sensors. Manual
deployment is also provided;
(d) Survival ELT (ELT(S)) means an ELT which is removable from an aircraft,
stowed so as to facilitate its ready use in an emergency, and manually
activated by survivors;

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"engine" means a unit used or intended to be used for aircraft propulsion and it
consists of at least those components and equipment necessary for functioning and
control, but excludes the propeller/rotors (if applicable);
"enhanced vision system (EVS)" means a system to display electronic real-time
images of the external scene achieved through the use of image sensors;
"estimated time of arrival" means for IFR flights, the time at which it is
estimated that the aircraft will arrive over that designated point, defined by reference
to navigation aids, from which it is intended that an instrument approach procedure will
be commenced, or, if no navigation aid is associated with the aerodrome, the time at
which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is
estimated that the aircraft will arrive over the aerodrome;
"evaluator" means a person employed by an Approved Training Organisation who
performs tests for licensing, added ratings, authorisations, and proficiency checks that
are authorised by the certificate holder's training specification, and who is authorised by
the Authority to administer such checks and tests;
"examiner" means any person authorised by the Authority to conduct a proficiency
test, a practical test for a licence or rating, or a knowledge test under these Regulations;
"fatigue" means a physiological state of reduced mental or physical performance
capability resulting from sleep loss or extended wakefulness and/or physical activity that
can impair a crewmember's alertness and ability to safely operate an aircraft or perform
safety related duties;
"flight crew member" means a licensed crewmember charged with duties essential
to the operation of an aircraft during flight time;
"flight data analysis" means a process of analysing recorded flight data in order to
improve the safety of flight operations;
"flight duty period" means the total time from the moment a flight crew member
commences duty, immediately subsequent to a rest period and prior to making a flight or
a series of flights, to the moment the flight crew member is relieved of all duties having
completed such flight or series of flights;
"flight manual" means a manual, associated with the certificate of airworthiness,
containing limitations within which the aircraft is to be considered airworthy, and
instructions and information necessary to the flight crew members for the safe operation
of the aircraft;
"flight operations officer/flight dispatcher" means a person designated by the
operator to engage in the control and supervision of flight operations, whether licensed
or not, suitably qualified in accordance with Annex 1, who supports, briefs and/or assists
the pilot-in-command in the safe conduct of the flight;
"flight plan" means specified information provided to air traffic services units,
relative to an intended flight or portion of a flight of an aircraft;
"flight recorder" means any type of recorder installed in the aircraft for the purpose
of complementing accident/incident investigation;
"flight safety documents system" means a set of interrelated documentation
established by the operator, compiling and organizing information necessary for flight
and ground operations, and comprising, as a minimum, the operations manual and the
operator's maintenance control manual;
"flight simulation training device" means any one of the following three types of
apparatus in which flight conditions are simulated on the ground—
(a) A flight simulator, which provides an accurate representation of the flight
deck of a particular aircraft type to the extent that the mechanical,
electrical, electronic, etc, aircraft systems control functions, the normal

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environment of flight crewmembers, and the performance and flight


characteristics of that type of aircraft are realistically simulated;
(b) A flight procedures trainer, which provides a realistic flight deck
environment, and which simulates instrument responses, simple control
functions of mechanical, electrical, electronic, etc, aircraft systems, and
the performance and flight characteristics of aircraft of a particular class;
(c) A basic instrument flight trainer, which is equipped with appropriate
instruments, and which simulates the flight deck environment of an aircraft
in flight in instrument flight conditions;
"flight time" means—
(a) for aeroplanes and gliders the total time from the moment an aeroplane
or a glider moves for the purpose of taking off until the moment it finally
comes to rest at the end of the flight and it is synonymous with the
term "block to block" or "chock to chock" time in general usage which is
measured from the time an aeroplane first moves for the purpose of taking
off until it finally stops at the end of the flight;
(b) for helicopter the total time from the moment a helicopter rotor blades start
turning until the moment a helicopter comes to rest at the end of the flight
and the rotor blades are stopped;
(c) for airships or free balloon the total time from the moment an airship or
free balloon first becomes detached from the surface until the moment
when it next becomes attached thereto or comes to rest thereon;
"general aviation operation" means an aircraft operation other than a commercial
air transport operation or an aerial work operation;
"ground handling services" means services necessary for an aircraft's arrival at,
and departure from, an airport, other than air traffic services;
"handling agent" means an agency which performs on behalf of the operator some
or all of the latter's functions including receiving, loading, unloading, transferring or other
processing of passengers or cargo;
"head-up display (HUD)" means a display system that presents flight information
into the pilot's forward external field of view;
"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from
aerodynamic forces;
"helicopter" means a heavier-than-air aircraft supported in flight chiefly by the
reactions of the air on one or more power-driven rotors on substantially vertical axis;
"helideck" means a heliport located on a floating or fixed offshore structure;
"heliport" means an aerodrome or a defined area on a structure intended to be used
wholly or in part for the arrival, departure and surface movement of helicopters;
"human factors principles" means principles which apply to aeronautical design,
certification, training, operations and maintenance and which seek safe interface
between the human and other system components by proper consideration to human
performance;
"human performance" means human capabilities and limitations which have an
impact on the safety and efficiency of aeronautical operations;
"inspection" means the examination of an aircraft or aeronautical product to
establish conformity with a standard approved by the Authority;
"instrument approach procedure" means a series of pre-determined manoeuvres
by reference to flight instruments with specified protection from obstacles from the initial
approach fix, or where applicable, from the beginning of a defined arrival route to a point

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from which a landing can be completed and thereafter, if a landing is not completed, to
a position at which holding or en-route obstacle clearance criteria apply;
"instrument meteorological conditions (IMC)" means Meteorological conditions
expressed in terms of visibility, distance from cloud, and ceiling, less than the minima
specified for visual meteorological conditions;
"journey log" means a form signed by the PIC of each flight that records the aircraft's
registration, crewmember names and duty assignments, the type of flight, and the date,
place, and time of arrival and departure;
"knowledge test" means a test on the aeronautical knowledge areas required for a
pilot licence or rating that can be administered in written form or by a computer;
"landing decision point" means the point used in determining landing performance
from which, an engine failure occurring at this point, the landing may be safely continued
or a balked landing initiated;
"landing distance available (LDA)" means the length of runway which is declared
available and suitable for the ground run of anaeroplane landing;
"large aeroplane" means an aeroplane having a maximum certified take-off mass
of over 5,700 kg (12,500 lbs);
"lighter-than-air aircraft" means any aircraft supported chiefly by its buoyancy in
the air;
"line operating flight time" means flight time recorded by the PIC or co-pilot while
in revenue service for an AOC holder;
"maintenance" means tasks required to ensure the continued airworthiness of an
aircraft or aeronautical product including any one or combination of overhaul, repair,
inspection, replacement, modification, and defect rectification;
"maintenance organisation's procedures manual" means a document endorsed
by the head of the maintenance organisation which details the maintenance
organisation's structure and management responsibilities, scope of work, description of
facilities, maintenance procedures and quality assurance or inspection systems;
"maintenance programme" means a document which describes the specific
scheduled maintenance tasks and their frequency of completion and related procedures,
such as a reliability programme, necessary for the safe operation of those aircraft to
which it applies;
"maintenance release" means a document which contains a certification confirming
that the maintenance work to which it relates has been completed in a satisfactory
manner, either in accordance with the approved data and the procedures described in
the maintenance organisation's procedures manual or under an equivalent system;
"major modification" means a type design change not listed in the aircraft, aircraft
engine, or propeller specifications that might appreciably affect the mass and balance
limits, structural strength, performance, powerplant operation, flight characteristics, or
other qualities affecting airworthiness or environmental characteristics, or that will be
embodied in the product according to non-standard practices;
"Master Minimum Equipment List (MMEL)" means a list established for a
particular aircraft type by the organisation responsible for the type design with the
approval of the State of design containing items, one or more of which is permitted to
be unserviceable on the commencement of a flight. The MMEL may be associated with
special operating conditions, limitations or procedures;
"maximum mass" means maximum certificated take-off mass;
"Minimum Descent Altitude (MDA) or Minimum Descent Height (MDH)" means
a specified altitude or height in a non-precision approach or circling approach below
which descent must not be made without the required visual reference;

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"Minimum Equipment List (MEL)" means a list approved by the Authority which
provides for the operation of the aircraft, subject to specific conditions, with particular
equipment inoperative;
prepared by an operator in conformity with, or more restrictive than, the MMEL
established for a particular aircraft type;
"missed approach point" means that point in an instrument approach procedure
at or before which the prescribed missed approach procedure must be initiated in order
to ensure that the minimum obstacle clearance is not infringed;
"missed approach procedure" means the procedure to be followed if the approach
cannot be continued;
"modification" means a change to the type design of an aircraft or aeronautical
product which is not a repair;
"navigation specification" means a set of aircraft and flight crew requirements
needed to support performance-based navigation operations within a defined airspace
which are of are two kinds—
(a) required navigation performance (RNP) specification which means a
navigation specification based on area navigation that includes the
requirement for performance monitoring and alerting, designated by the
prefix RNP, e.g. RNP 4, RNP APCH;
(b) area navigation (RNAV) specification which means a navigation
specification based on area navigation that does not include the
requirement for performance monitoring and alerting, designated by the
prefix RNAV, e.g. RNAV 5, RNAV 1;
"night" means the time between fifteen minutes after sunset and fifteen minutes
before sunrise, sunrise and sunset being determined at surface level, and includes any
time between sunset and sunrise when an unlighted aircraft or other unlighted prominent
object cannot clearly be seen at a distance of 4,572 m;
"Obstacle clearance altitude (OCA) or obstacle clearance height (OCH)" means
the lowest altitude or the lowest height above the elevation of the relevant runway
threshold or the aerodrome elevation as applicable, used in establishing compliance with
appropriate obstacle clearance criteria;
"operational control" means the exercise of authority over the initiation,
continuation, diversion or termination of a flight in the interest of the safety of the aircraft
and the regularity and efficiency of the flight;
"operational flight plan" means the operator's plan for the safe conduct of the flight
based on considerations of aircraft performance, other operating limitations, and relevant
expected conditions on the route to be followed and at the aerodromes or heliports
concerned;
"operations manual"means a manual containing procedures, instructions and
guidance for use by operational personnel in the execution of their duties;
"operations specifications" means a document that contains terms,
authorisations, conditions and limitations that facilitate the Authority's administration of
the AOC by ensuring that the Authority and the certificate holder have a mutual and clear
understanding of how the certificate holder will conduct its operations;
"Operator" means a person, organisation or enterprise engaged in or offering to
engage in an aircraft operation;
"operator's maintenance control manual" means a document which describes
the operator's procedures necessary to ensure that all scheduled and unscheduled
maintenance is performed on the operator's aircraft on time and in a controlled and
satisfactory manner;

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"overhaul" means the restoration of an aircraft or aeronautical product using


methods, techniques, and practices acceptable to the Authority, including disassembly,
cleaning, and inspection as permitted, repair as necessary, and reassembly; and tested
in accordance with approved standards and technical data, or in accordance with current
standards and technical data acceptable to the Authority, which have been developed
and documented by the State of Design, holder of the type certificate, supplemental type
certificate, or a material, part, process, or appliance approval under Parts Manufacturing
Authorisation (PMA) or Technical Standard Order (TSO);
"package" means the complete product of the packing operation consisting of the
packaging and its contents prepared for transport;
"packaging" means receptacles and any other components or materials necessary
for the receptacle to perform its containment function;
"passenger exit seats" means those seats having direct access to an exit, and
those seats in a row of seats through which passengers would have to pass to gain
access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit;
"Performance class 1 helicopter" means a helicopter with performance such that,
in case of critical engine failure, it is able to land on the rejected take-off area or safely
continue the flight to an appropriate landing area, depending on when the failure occurs;
"Performance class 2 helicopter" means a helicopter with performance such that,
in case of critical engine failure, it is able to safely continue the flight, except when the
failure occurs prior to a defined point after take-off or after a defined point before landing,
in which case a forced landing may be required;
"Performance class 3 helicopter" means a helicopter with performance such that,
in case of engine failure at any point in the flight profile, a forced landing must be
performed;
"performance-based navigation (PBN)" means area navigation based on
performance requirements for aircraft operating along an ATS route, on an instrument
approach procedure or in a designated airspace;
"Pilot-In-Command (PIC)" means the pilot designated by the operator, or in the
case of general aviation, the owner as being in command and charged with the safe
conduct of a flight;
"powerplant" means an engine that is used or intended to be used for propelling
aircraft and includes turbo superchargers, appurtenances, and accessories necessary
for its functioning, but does not include propellers;
"practical test" means a competency test on the areas of operations for a licence,
certificate, rating, or authorisation that is conducted by having the applicant respond to
questions and demonstrate manoeuvres in flight or in an approved synthetic flight trainer;
"pressure-altitude" means an atmospheric pressure expressed in terms of altitude
which corresponds to that pressure in the Standard Atmosphere;
"preventive maintenance" means simple or minor preservation operations and the
replacement of small standard parts not involving complex assembly operations;
"problematic use of substances" means the use of one or more psychoactive
substances by aviation personnel in a way that—
(a) constitutes a direct hazard to the user or endangers the lives, health or
welfare of others; and
(b) causes or worsens an occupational, social, mental or physical problem
or disorder;
"propeller" means a device for propelling an aircraft that has blades on an
engine driven shaft and that, when rotated, produces by its action on the air, a thrust
approximately perpendicular to its plane of rotation. It includes control components

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normally supplied by its manufacturer, but does not include main and auxiliary rotors or
rotating airfoils of engines;
"psychoactive substance" means alcohol, opioids, cannabinoids, sedatives and
hynotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas
coffee and tobacco are excluded;
"rating" means an authorisation entered on or associated with a licence or certificate
and forming part thereof, stating special conditions, privileges or limitations pertaining to
such licence or certificate except as used in 'engine thrust rating';
"repair" means the restoration of an aircraft or aircraft component to a serviceable
condition in conformity with an approved standard;
"required communication performance (RCP)" means a statement of the
performance requirements for operational communication in support of specific ATM
functions;
"required communication performance type (RCP type)" means a label (e.g.
RCP 240) that represents the values assigned to RCP parameters for communication
transaction time, continuity, availability and integrity;
"required navigation performance (RNP)" means a statement of the navigation
performance necessary for operation within a defined airspace;
"rest period" means any period of time on the ground during which a crewmember
is relieved of all duties by the operator;
"runway visual range (RVR)" means the range over which the pilot of an aircraft on
the centre line of a runway can see the runway surface markings or the lights delineating
the runway or identifying its centre line;
"RVSM" means reduced vertical separation minimum;
"RVSM (Reduced Vertical Separation Minima) Airspace" means any airspace
or route between flight level 290 and flight level 410 inclusive where the aircraft are
separated vertically by 1,000ft (300m);
"safe forced landing" means unavoidable landing or ditching with a reasonable
expectancy of no injuries to persons in the aircraft or on the surface;
"safety management system" means a systematic approach to managing
safety, including the necessary organisational structures, accountabilities, policies and
procedures;
"safety programme" means an integrated set of regulations and activities aimed
at improving safety;
"safety-sensitive personnel" means persons who might endanger aviation safety
if they perform their duties and functions improperly including, but not limited to,
crewmembers, aircraft maintenance personnel and air traffic controllers;
"serious injury" means an injury which is sustained by a person in an accident and
which—
(a) requires hospitalisation for more than 48 hours, commencing within seven
days from the date the injury was received;
(b) results in a fracture of any bone (except simple fractures of fingers, toes
or nose); or
(c) involves lacerations which cause severe haemorrhage, nerve, muscle or
tendon damage; or
(d) involves injury to any internal organ; or
(e) involves second or third degree burns, or any burns affecting more than
5% of the body surface; or
(f) involves verified exposure to infectious substances or injurious radiation;

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"small aeroplane" means an aeroplane having a maximum certified take-off mass


of 5,700 kg (12,500 lbs) or less;
"special VFR" means a controlled VFR traffic authorized by air traffic control
to operate within the control zone under meteorological conditions below the visual
meteorological conditions or at night;
"state of design" means the Contracting State which approved the original type
certificate and any subsequent supplemental type certificates for an aircraft, or which
approved the design of an aircraft, aircraft component or appliance;
"state of registry" means the Contracting State on whose registry an aircraft is
placed;
"state of the Operator" means the State in which the operator's principal place of
business is located or, if there is no such place of business, the operator's permanent
residence;
"state safety programme" means an integrated set of regulations and activities
aimed at improving safety;
"substance" means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens,
opioids, cannabis, inhalants, central nervous system stimulants such as cocaine,
amphetamines, and similarly acting sympathomimetics, phencyclidine or similarly acting
arylcyclohexylamines, and other psychoactive drugs and chemicals;
"synthetic flight trainer" means any one of the following three types of apparatus
in which flight conditions are simulated on the ground—
(a) a flight simulator, which provides an accurate representation of the cockpit
of a particular aircraft type to the extent that the mechanical, electrical,
electronic, etc. aircraft systems control functions, the normal environment
of flight crew members, and the performance and flight characteristics of
that type of aircraft are realistically simulated;
(b) a flight procedures trainer, which provides a realistic cockpit environment,
and which simulates instrument responses, simple control functions
of mechanical, electrical, electronic, etc. aircraft systems, and the
performance and flight characteristics of aircraft of a particular class;
(c) a basic instrument flight trainer, which is equipped with appropriate
instruments, and which simulates the cockpit environment of an aircraft
in flight in instrument flight conditions;
"take-off decision point" means the point used in determining take-off performance
of a Class 1 helicopter from which, an engine failure occurring at this point, either a
rejected take-off may be made or a take-off safely continued;
"target level of safety (TLS)" means a generic term representing the level of risk
which is considered acceptable in particular circumstances;
"technical Instructions" means edition of the Technical Instructions for the Safe
Transport of Dangerous Goods by Air approved and published by decision of the Council
of the International Civil Aviation Organisation;
"total vertical error (TVE)" means the vertical geometric difference between the
actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight
level);
"training program" means a program that consists of courses, courseware,
facilities, flight training equipment, and personnel necessary to accomplish a specific
training objective and may include a core curriculum and a specialty curriculum;
"V1” means take-off decision speed;
"Vmo” means maximum operating speed;

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"Vso” means stalling speed or the minimum steady flight speed in landing
configuration; and
"visual meteorological conditions (VMC)" means meteorological conditions
expressed in terms of visibility distance from cloud, and ceiling, equal to or better than
specified minima.
PART II – GENERAL OPERATIONS REQUIREMENTS
Aircraft Requirements
3. Registration markings
A person shall not operate an aircraft registered in Kenya or a foreign-registered aircraft
in Kenya airspace unless that aircraft displays the proper markings prescribed in the Civil
Aviation (Aircraft Nationality and Registration Marks) Regulations, 2013.
4. Civil aircraft airworthiness
(1) An operator shall develop procedures to ensure that a flight is not commenced unless

(a) the aeroplane is airworthy, duly registered and that appropriate certificates
with respect thereto are aboard the aeroplane;
(b) the instruments and equipment installed in the aeroplane are appropriate,
taking into account the expected flight conditions;
(c) any necessary maintenance has been performed in accordance with these
regulations;
(d) the mass of the aeroplane and centre of gravity location are such that the flight
can be conducted safely, taking into account the flight conditions expected;
(e) any load carried is properly distributed and safely secured; and
(f) the aeroplane operating limitations, contained in the flight manual, or its
equivalent, will not be exceeded.
(2) A flight shall not be commenced until the pilot-in-command is satisfied that—
(a) the helicopter is airworthy, duly registered and that appropriate certificates
with respect thereto are aboard the helicopter;
(b) the instruments and equipment installed in the helicopter are appropriate,
taking into account the expected flight conditions;
(c) any necessary maintenance has been performed in accordance with these
regulations;
(d) the mass of the helicopter and centre of gravity location are such that the flight
can be conducted safely, taking into account the flight conditions expected;
(e) any load carried is properly distributed and safely secured; and
(f) the helicopter operating limitations contained in the flight manual, or its
equivalent, will not be exceeded.
5. Certificate of airworthiness
A person shall not operate an aircraft with a certificate of airworthiness except as
provided in the limitations issued with that certificate in accordance with the Civil Aviation
(Airworthiness) Regulations, 2013.
6. Aircraft instruments and equipment
(1) A person shall not operate an aircraft unless it is equipped with instruments and
equipment appropriate to the type of flight operation conducted and the route being flown
and in any case in compliance with the requirements of the Civil Aviation (Instruments and
Equipment) Regulations, 2013.

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(2) An airborne collision avoidance system shall operate in accordance with the relevant
provisions of Annex 10, Volume IV.
(3) All aeroplanes for which the individual certificate of airworthiness is first issued after
st
the 1 January 2009 shall be equipped with a data source that provides pressure-altitude
information with a resolution of 7.62 m (25 ft), or better.
st
(4) After the 1 January 2012, all aeroplanes shall be equipped with a data source that
provides pressure-altitude information with a resolution of 7.62 m (25 ft), or better.
(5) The operator of a helicopter over 3 175 kg maximum mass shall monitor and
assess maintenance and operational experience with respect to continuing airworthiness
and provide the information as prescribed by the State of Registry and report through the
system specified in these Regulations.
(2) Aircraft required to be equipped with an airborne collision avoidance system, shall
operate in accordance with the relevant provisions prescribed by the Authority.
7. Inoperative instruments and equipment
(1) A person shall not commence an aircraft flight with inoperative instruments or
equipment installed, except as authorised by the Authority.
(2) A person shall not operate a multi-engine aircraft in commercial air transport with
inoperative instruments and equipment installed unless the following conditions are met—
(a) an approved Minimum Equipment List (MEL) exists for that aircraft;
(b) the Authority has issued operations specifications authorising operations in
accordance with an approved Minimum Equipment List;
(c) the flight crew has direct access at all times prior to flight to all of the
information contained in the approved Minimum Equipment List through
printed or other means approved by the Authority in the operations
specifications which constitutes an approved change to the type design
without requiring desertification;
(d) the approved Minimum Equipment List which shall—
(i) be prepared in accordance with the limitations specified in
subregulation (4); and
(ii) provide for the operation of the aircraft with certain instruments and
equipment in an inoperative condition;
(e) records identifying the inoperative instruments and equipment and the
information required by paragraph (c) which shall be available to the pilot; and
(f) the aircraft is operated under all applicable conditions and limitations
contained in the Minimum Equipment List and the operations specifications
authorising use of the Minimum Equipment List.
(3) Flight operations with inoperative instruments and equipment installed may be
allowed in situations where no master minimum equipment list is available and no minimum
equipment list is required for the specific aircraft operation under these Regulations.
(4) The inoperative instruments and equipment referred to in subregulation (1) shall not
be—
(a) part of the visual flight rules day instruments and equipment prescribed in the
Civil Aviation (Instruments and Equipment) Regulations, 2013 (L.N. 75/2013);
(b) required on the aircraft's equipment list or the operations equipment list for
the kind of flight operation being conducted;
(c) required by the Civil Aviation (Instruments and Equipment) Regulations, 2013
(L.N. 75/2013) for the specific kind of flight operation being conducted; or
(d) required to be operational by an airworthiness directive.
(5) The Authority may authorise a person to operate an aircraft with inoperative
instruments and equipment where such instruments and equipment are—

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(a) determined by the pilot-in-command not to be a hazard to safe operation;


(b) deactivated and placarded "Inoperative"; and
(c) removed from the aircraft, the cockpit control placarded and the maintenance
recorded in accordance with the Civil Aviation (Airworthiness) Regulations,
2013.
(6) Where deactivation of the inoperative instrument or equipment involves
maintenance, it shall be accomplished and recorded in accordance with the Civil Aviation
(Airworthiness) Regulations, 2013.
(7) The following instruments and equipment shall not be included in the minimum
equipment list—
(a) instruments and equipment that are either specifically or otherwise required
by the certification airworthiness requirements and which are essential for
safe operations under all operating conditions;
(b) instruments and equipment required for operable condition by an
airworthiness directive, unless the airworthiness directive provides otherwise;
or
(c) instruments and equipment required for specific operations;
(d) receiving the reports of height-keeping performance issued by the monitoring
agencies established in accordance with Civil Aviation (Air Navigation
Services) Regulations, 2013 (L.N. 78/2013);
(e) taking immediate corrective action for individual aircraft, or aircraft type
groups, identified in such reports as not complying with the height-keeping
requirements for operation in airspace where RVSM is applied.
(f) all States that are responsible for airspace where RVSM has been
implemented, or have issued RVSM approvals to operators within their State,
shall establish provisions and procedures which ensure that appropriate
action will be taken in respect of aircraft and operators found to be operating
in RVSM airspace without a valid RVSM approval.
(8) The following instruments and equipment shall not be included in the minimum
equipment list—
(a) instruments and equipment that are either specifically or otherwise required
by the certification airworthiness requirements and which are essential for
safe operations under all operating conditions;
(b) instruments and equipment required for operable condition by an
airworthiness directive, unless the airworthiness directive provides otherwise;
or
(c) instruments and equipment required for specific operations.
8. Aircraft flight manual, marking and placard requirements
(1) A person shall not operate an aircraft registered in Kenya unless there is available
in the aircraft—
(a) a current, approved Aeroplane Flight Manual or Rotorcraft Flight Manual; or
(b) an Operations Manual approved by the Authority for the AOC holder if no
Aeroplane Flight Manual or Rotorcraft Flight Manual exists;
(c) an approved manual material, markings and placards, or any combination
thereof which provide the pilot-in-command with the necessary limitations for
safe operation; and
(d) the operations manual describing the content and use of the operational flight
plan.
(2) A person shall not operate an aircraft within or over the Kenya without complying with
the operating limitations specified in the approved Aeroplane Flight Manual or Rotorcraft

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Flight Manual, markings and placards, or as otherwise prescribed by the aircraft's State of
Registry.
(3) A person operating an aircraft under these Regulations shall display in the aircraft all
placards, listings, instrument markings or combination thereof, containing those operating
limitations prescribed by the aircraft's State of Registry for visual presentation.
(4) Each AFM or RFM shall be updated by implementing changes made mandatory by
the State of Registry.
9. Aeroplane operation standards
(1) An aeroplane shall be operated in compliance with the terms of its certificate of
airworthiness and within the approved operating limitations contained in its flight manual.
(2) The State of Registry shall take such precautions as are reasonably possible to
ensure that the general level of safety contemplated by this regulation is maintained under
all expected operating conditions, including those not covered specifically by the provisions
of this Regulation.
(3) A flight shall not be commenced unless the performance information provided in the
flight manual indicates that the Standards provided under this regulation have been complied
with for the flight to be undertaken.
(4) For the purpose of applying the Standards under this regulation, account shall be
taken on all factors that significantly affect the performance of the aeroplane in—
(a) mass, operating procedures;
(b) the pressure altitude appropriate to the elevation of the aerodrome,
temperature, wind;
(c) runway gradient and condition of runway such as presence of slush, water or
ice, for landplanes, water surface condition for seaplanes,
such factors shall be taken into account directly as operational parameters or
indirectly by means of allowances or margins, which may be provided in the
scheduling of performance data or in the comprehensive and detailed code
of performance in accordance with which the aeroplane is being operated.
(5) The mass of the aeroplane at the start of take-off shall—
(a) not exceed the mass provided under subregulation (6), nor the mass provided
under subregulations (8) and (9), allowing for expected reductions in mass
as the flight proceeds, and for such fuel jettisoning as is envisaged in this
Regulation;
(b) not exceed the maximum take-off mass specified in the flight manual for the
pressure altitude appropriate to the elevation of the aerodrome, and if used
as a parameter to determine the maximum take-off mass, any other local
atmospheric condition;
(c) not exceed the maximum landing mass specified in the flight manual for the
pressure altitude appropriate to the elevation of those aerodromes, and if
used as a parameter to determine the maximum landing mass, any other local
atmospheric condition;
(d) not exceed the relevant maximum masses at which compliance has been
demonstrated with the applicable noise certification Standards, unless
otherwise authorized in exceptional circumstances for a certain aerodrome
or a runway where there is no noise disturbance problem, by the competent
authority of the State in which the aerodrome is situated.
(6) The aeroplane shall be able, in the event of a critical engine failing at any point in the
take-off, either to discontinue the take-off and stop within either the accelerate-stop distance
available or the runway available, or to continue the take-off and clear all obstacles along
the flight path by an adequate margin until the aeroplane is in a position to comply with the
provisions of subregulation (8).

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(7) In determining the length of the runway available, account shall be taken of the loss,
if any, of runway length due to alignment of the aeroplane prior to take-off.
(8) The aeroplane shall be able, in the event of the critical engine becoming inoperative
at any point along the route or planned diversions therefrom, to continue the flight to an
aerodrome at which the Standard under subregulation (9) is met, without flying below the
minimum obstacle clearance altitude at any point.
(9) The aeroplane shall, at the aerodrome of intended landing and at any alternate
aerodrome, after clearing all obstacles in the approach path by a safe margin, be able to
land, with assurance that it can come to a stop or, for a seaplane, to a satisfactorily low
speed, within the landing distance available.
(10) Allowance shall be made for expected variations in the approach and landing
techniques, if such allowance has not been made in the scheduling of performance data.
10. Required aircraft and equipment
(1) Unless otherwise authorised by the Authority, a person shall not operate an aircraft
registered in Kenya unless it has had the following inspections—
(a) an annual inspection within the past twelve months;
(b) a one hundred hour inspection;
(c) an altimeter and pilot-static system inspection in the past twelve months;
(d) for transponder equipped aircraft, a transponder check within the past twelve
months; and
(e) for emergency locator transmitter-equipped aircraft, an emergency locator
transmitter check within the past twelve months.
(2) Aircraft for remuneration or hire operations maintained under maintenance and
inspection programme approved by the Authority, is not required to have current annual or
one hundred hour inspections in their maintenance records.
11. Documents to be carried on aircraft
(1) A person shall not fly an aircraft unless it carries documents which are required to
be carried on board under the law of the State of Registry.
(2) An aircraft registered in Kenya shall, when in flight, have on board the documents
specified in this regulation, except that if the flight is intended to begin and end at the same
aerodrome and does not include passage over the territory of any other State other than
the Kenya , the documents may be kept at the aerodrome instead of being carried aboard
the aircraft.
(3) The documents to be carried in an aircraft are—
(a) on a flight for the purpose of commercial air transport—
(i) licence in force in respect of the aircraft radio station installed in the
aircraft;
(ii) the certificate of airworthiness in force in respect of the aircraft;
(iii) the licences and certificates of members of the flight crew of the
aircraft;
(iv) one copy of mass and balance documentation, if any, required with
respect to the flight;
(v) one copy of the certificate of release to service, if any, in force with
respect to the aircraft;
(vi) the technical logbook required by these Regulations;
(vii) the operations manual, if any, required by these Regulations to be
carried on the flight;
(viii) aircraft certificate of registration;
(ix) aircraft journey logbook;

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(x) list of passenger names and points of embarkation and


disembarkation, if applicable;
(xi) cargo manifest including special loads information if applicable;
(xii) certified true copy of the air operator certificate (AOC) and a copy of
the operations specifications relevant to the aircraft type, issued in
conjunction with the certificate;
(xiii) noise certificate, if required;
(xiv) aeroplane flight manual or rotorcraft flight manual;
(xv) minimum equipment list;
(xvi) category II or III Manual, as applicable;
(xvii) operational flight plan;
(xviii) filed notice to Airmen (NOTAMS) briefing documentation;
(xix) meteorological information;
(xx) maps and charts required for the flight and possible diversions;
(xxi) forms for complying with the reporting requirements of the Authority
and the AOC holder list of special situation passengers;
(xxii) list of special situation passengers;
(xxiii) filed air traffic control (ATC) flight plan;
(xxiv) search and rescue information;
(xxv) any other document which may be required by the Authority or States
concerned with a flight;
(b) on a flight which includes passage over a territory of any country other than
the Kenya for the purpose of commercial air transport and aerial work—
(i) those documents set forth in paragraph (a);
(ii) a copy of notified procedure to be followed by pilot-in-command (PIC)
of an intercepted aircraft and the notified visual signals for use by
intercepting and intercepted aircraft; and
(iii) general declaration;
(c) on a flight for the purpose of aerial work—
(i) licence in force in respect of the aircraft radio station installed in the
aircraft;
(ii) the certificate of airworthiness in force in respect of the aircraft;
(iii) the licences and certificates of members of the flight crew of the
aircraft;
(iv) the technical logbook required by these Regulations;
(v) one copy of the certificate of release to service, if any, in force with
respect to the aircraft;
(vi) aircraft certificate of registration;
(vii) any other document required by the Authority;
(d) on a flight which includes passage over a territory of any country other than
the Kenya for the purpose of aerial work—
(i) those documents set forth in paragraph (c);
(ii) a copy of notified procedure to be followed by PIC of an intercepted
aircraft and the notified visual signals for use by intercepting and
intercepted aircraft;
(e) on a flight which includes passage over a territory of any country other than
the Kenya for the purpose of general aviation—
(i) a licence in force in respect of the aircraft radio station installed in the
aircraft;

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(ii) the certificate of airworthiness in force in respect of the aircraft;


(iii) the licences of members of the flight crew of the aircraft;
(iv) certificate of registration;
(v) a copy of notified procedure to be followed by PIC of an intercepted
aircraft and the notified visual signals for use by intercepting and
intercepted aircraft; journey logbook;
(vi) journey logbook;
(vii) if it carries passengers, a list of names, places of embarkation and
destination; and
(viii) if it carries cargo, a manifest and detailed declarations of the cargo;
(f) for the purpose of general aviation flight within the Kenya—
(i) licence in force in respect of the aircraft radio station installed in the
aircraft;
(ii) the certificate of airworthiness in force in respect of the aircraft;
(iii) the licences of members of the flight crew of the aircraft;
(iv) one copy of the certificate of release to service, if any, in force with
respect to the aircraft;
(v) aircraft certificate of registration;
(vi) noise certificate, if required;
(vii) aeroplane flight manual or rotorcraft flight manual;
(viii) category II or III manual, as applicable;
(ix) filed NOTAMS briefing documentation;
(x) forms for complying with reporting requirements of the Authority;
(xi) filed ATC flight plan; and
(xii) any other document required by the Authority.
(4) Where the certificate and the associated operations specifications are issued by
the State of the Operator in a language other than English, an English translation shall be
included.
12. Production of documents
(1) A pilot-in-command shall, after being requested to do so by an authorized person,
produce for examination by that person—
(a) the certificates of registration and airworthiness in force in respect of the
aircraft;
(b) the licences and certificates of crewmembers, as applicable; and
(c) such other documents as required by regulation 10 to be on board the aircraft
when in flight.
(2) The operator of an aircraft registered in Kenya shall, after being requested to do so
by an authorized person, produce to that person any of the following documents or records
requested by that person, being documents or records which are required by or under these
Regulations to be in force or to be carried, preserved or made available—
(a) licence in force in respect of the aircraft radio station installed in the aircraft;
(b) the certificate of airworthiness in force in respect of the aircraft;
(c) the certificate of registration in force with respect to the aircraft;
(d) the aircraft logbook, engine logbooks and variable pitch propeller logbooks
required under these Regulations to be kept;
(e) the mass and balance documentation, if any, required to be preserved under
these Regulations;

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(f) any records of flight time, duty periods and rest periods which are required
to be preserved by these Regulations, and such other documents and
information in the possession or control of the operator, as the authorized
person may require for the purpose of determining whether those records are
complete and accurate;
(g) any operations manuals or other data required to be made available under
these Regulations; and
(h) the record made by any flight recorder installed under the Civil Aviation
(Instruments and Equipment) Regulations, 2013 (L.N. 75/2013).
(3) The holder of a licence or certificate granted or rendered valid under the Civil
Aviation (Personnel Licensing) Regulations, 2013 shall, after being requested to do so by
an authorized person, produce to that authorized person, his licence, certificate, including
any validation thereof.
(4) Every person required by the Civil Aviation (Personnel Licensing) Regulations, 2013
to keep a personal flying logbook shall—
(a) keep such records for a period of not less than two years after the date of
the last entry therein; and
(b) produce it to an authorized person immediately, and in any case not latter
than fourteen days after being requested to do so.
13. Journey log book
The pilot-in-command shall be responsible for the journey log book or the general
declaration containing the information listed in these Regulations.
14. Preservation of documents
(1) Subject to subregulation (2) a person required by these Regulations to preserve any
documents or records by reason of his being the operator of an aircraft shall, if he ceases
to be the operator of the aircraft, continue to preserve the documents or records as if he
had not ceased to be the operator, and in the event of his death the duty to preserve the
documents or records shall fall upon his personal representative.
(2) If another person becomes the operator of the aircraft, the first-mentioned operator
or his personal representative shall deliver to that person upon demand the certificate of
release to service, the logbooks and the mass and balance schedule and any record made
by a flight recorder and preserved in accordance with these Regulations which are in force
or required to be preserved in respect of that aircraft.
(3) If an engine or variable pitch propeller is removed from the aircraft and installed
in another aircraft operated by another person the first-mentioned operator or his personal
representative shall deliver to that person upon demand the logbook relating to that engine
or propeller.
(4) If any person in respect of whom a record has been kept by the first-mentioned
operator in accordance with these Regulations becomes a flight crewmember of an aircraft
registered in Kenya engaged in commercial air transport operations in the Kenya and
operated by another person, the first-mentioned operator or his personal representative shall
deliver those records to that other person upon demand.
(5) It shall be the duty of the other person referred to in subregulations (2), (3) and (4)
to deal with the documents or records delivered to him as if he were the first mentioned
operator.
15. Insurance
(1) A person shall not fly, or cause or commit any other person to fly an aircraft unless
there is in force an insurance policy in respect of third party risks.
(2) The insurance policy for commercial air transport aircraft shall cover insurance in
respect of passengers' liability, cargo, baggage and mail risks.

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(3) The minimum sum of insurance in respect of any aircraft insured in accordance with
subregulation (2) shall be notified by the Authority.
16. Stowaways
A person shall not secrete himself in an aircraft for the purpose of being carried in the
aircraft without the consent of either the operator or the pilot in command thereof or of any
other person entitled to give consent to his being carried in the aircraft.
17. Co-ordination of activities potentially hazardous to civil aircraft
(1) A person shall not carry out activities potentially hazardous to civil aircraft whether
flying over Kenya or over the territorial waters of the Kenya without approval from the
Authority.
(2) Notwithstanding the generalities of subregulation (1)—
(a) a person shall not intentionally project, or cause to be projected, a laser beam
or other directed high intensity light at an aircraft in such a manner as to
create a hazard to aviation safety, damage to the aircraft or injury to its crew
or passengers;
(b) a person using or planning to use lasers or other directed high-intensity lights
outdoors in such a manner that the laser beam or other light beam may enter
navigable airspace with sufficient power to cause an aviation hazard shall
provide written notification to the competent authority;
(c) a pilot in command shall not deliberately operate an aircraft into a laser beam
or other directed high-intensity light unless flight safety is ensured. This may
require mutual agreement by operator of the laser emitter or light source, the
pilot in command and the competent Authority.
(3) A person shall not release into the atmosphere any radio active material or toxic
chemicals which could affect the safety of aircraft operating within the Kenyan airspace.
18. Power to prohibit or restrict flying or landing or taking off
(1) Where the Authority deems it necessary in the public interest to restrict or prohibit—
(a) flying over any area of the Kenya or along any route therein; or
(b) landing or take-off at any place in the Kenya by reason of—
(i) the intended gathering or movement of a large number of persons;
(ii) the intended holding of an aircraft race contest or of an exhibition of
flying; or
(iii) national security or any reason affecting public interest, may make
orders prohibiting, restricting or imposing conditions on flight by any
aircraft, whether or not registered in Kenya, in any airspace over the
Kenya and by an aircraft registered in Kenya , in any other airspace,
being airspace in respect of which the Kenya has in pursuance of
international arrangements undertaken to provide navigation services
for aircraft.
(2) Orders made under this regulation may apply either generally or in relation to any
class of aircraft.
(3) It shall be an offence to contravene or permit the contravention of or fail to comply
with any Orders made hereunder.
(4) If the pilot-in-command (PIC) becomes aware that he is flying in contravention of any
regulation which have been made for any of the reasons referred to in subregulation (1)(b)
(iii) he shall, unless otherwise instructed pursuant to subregulation (5), cause the aircraft to
leave the area to which the order relate by flying to the least possible extent over such area
and the aircraft shall not begin to descend while over such an area.
(5) The PIC flying either within an area for which Orders have been made for any of the
reasons referred to in subregulation (1)(b)(iii) or within airspace notified as a danger area

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shall forthwith comply with instructions given by radio by the appropriate air traffic services
unit or by, or on behalf of, the person responsible for safety within the relevant airspace.
19. Balloons, kites and airships
(1) A person shall not, within Kenya—
(a) fly a captive balloon or kite at a height of more than 200 ft above the ground
level or within 200 ft of any vessel, vehicle or structure;
(b) fly a captive balloon within an aerodrome traffic zone;
(c) fly a balloon exceeding 6 ft in any linear dimension at any stage of its flight,
including any basket or other equipment attached to the balloon, in controlled
airspace;
(d) fly a kite within an aerodrome traffic zone;
(e) moor an airship; or
(f) fly a free balloon at night, without the permission in writing of the Authority,
and in accordance with any conditions subject to which the permission may
be granted.
(2) A captive balloon when in flight shall not be left unattended unless it is fitted with a
device which ensures automatic deflation if it breaks.
(3) An unmanned free balloon shall be operated in such a manner as to minimise
hazards to persons, property or other aircraft.
PART III – AIRCRAFT MAINTENANCE REQUIREMENTS
20. Aircraft maintenance requirements
(1) A registered owner or operator of an aircraft shall be responsible for maintaining that
aircraft in an airworthy condition, including compliance with all airworthiness directives.
(2) A person shall not perform maintenance, preventive maintenance, or alterations
on an aircraft other than as prescribed in this Part and the Civil Aviation (Airworthiness)
Regulations, 2013.
(3) A person shall not operate an aircraft for which a manufacturer's maintenance
manual or instructions for continued airworthiness has been issued that contains an
airworthiness limitations section unless the mandatory replacement times, inspection
intervals and related procedures set out in Operations Specifications approved by the
Authority under the Civil Aviation (Air Operator Certification and Administration) Regulations,
2013 or in accordance with an inspection programme approved under these Regulations.
(4) The operator of a helicopter over 3,175 kg maximum mass shall monitor and
assess maintenance and operational experience with respect to continuing airworthiness
and provide the information as prescribed in Civil Aviation (Air Worthiness) Regulations,
2013.
21. Maintenance required
(1) This regulation does not apply to aircraft maintained in accordance with an approved
maintenance programme as required under the Civil Aviation (Airworthiness) Regulations,
2013 and Civil Aviation (Air Operators Certification and Administration) Regulations, 2013.
(2) An owner or operator of an aircraft shall—
(a) have that aircraft inspected as prescribed in these Regulations, and
discrepancies noted and the equipment repaired as prescribed in the Civil
Aviation (Airworthiness) Regulations, 2013;
(b) repair, replace, remove, modify, overhaul or inspect any inoperative
instruments or equipment at the next required inspection, except when
permitted under the provisions of a Minimum Equipment List or Configuration
Deviation List;
(c) ensure that a placard has been installed on the aircraft when listed
discrepancies include inoperative instruments or equipment; and

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(d) ensure that maintenance personnel make appropriate entries in the aircraft
maintenance records indicating the aircraft has been approved for return to
service.
22. Operator's maintenance responsibilities
(1) Operators shall ensure that, in accordance with procedures acceptable to the State
of Registry—
(a) each aeroplane they operate is maintained in an airworthy condition;
(b) the operational and emergency equipment necessary for an intended flight
is serviceable;
(c) the Certificate of Airworthiness of each aeroplane they operate remains valid.
(2) An operator shall not operate an aeroplane unless it is maintained and released
to service by an organisation approved in accordance with the Civil Aviation (Approved
Maintenance Organisation) Regulations, 2013.
(3) An operator shall employ a person or group of persons to ensure that all maintenance
is carried out in accordance with the maintenance control manual.
(4) The operator shall ensure that the maintenance of its aeroplanes is performed in
accordance with the maintenance programme.
23. Operator's maintenance control manual
(1) The operator shall provide, for the use and guidance of maintenance and operational
personnel concerned, a maintenance control manual, acceptable to the State of Registry
and the design of the manual shall observe Human Factors principles.
(2) The operator shall ensure that the maintenance control manual is amended as
necessary to keep the information contained therein up to date.
(3) Copies of all amendments to the operator's maintenance control manual shall be
furnished promptly to all organisations or persons to whom the manual has been issued.
(4) The operator shall provide the State of the Operator and the State of Registry with
a copy of the operator's maintenance control manual, together with all amendments or
revisions to it and shall incorporate in it such mandatory material as the State of the Operator
or the State of Registry may require.
(5) The operator's maintenance control manual shall contain the information provided
in the Civil Aviation (AOC) Regulations:
(6) The operator shall provide the State of the Operator and the State of Registry with
a copy of the operator's maintenance control manual, together with all amendments or
revisions to it and shall incorporate in it such mandatory material as the State of the Operator
or the State of Registry may require.
24. Maintenance programme
(1) The operator shall provide, for the use and guidance of maintenance and operational
personnel concerned, a maintenance programme, approved by the State of Registry,
containing the information required by regulation 25 and the design and application of the
operator's maintenance programme shall observe Human Factors principles.
(2) Copies of all amendments to the maintenance programme shall be furnished
promptly to all organisations or persons to whom the maintenance programme has been
issued.
(3) The operator shall provide, for the use and guidance of maintenance and operational
personnel concerned, a maintenance programme, approved by the State of Registry,
containing the information required by these regulations and design and application of the
operator's maintenance programme shall observe Human Factors principle.
(4) Copies of all amendments to the maintenance programme shall be furnished
promptly to all organisations or persons to whom the maintenance programme has been
issued.

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25. Content of the maintenance programme


(1) A maintenance programme for each aeroplane as required by regulation 24 shall
contain the following information—
(a) maintenance tasks and the intervals at which these are to be performed,
taking into account the anticipated utilization of the aeroplane;
(b) when applicable, a continuing structural integrity programme;
(c) procedures for changing or deviating from (a) and (b) above; and
(d) when applicable, condition monitoring and reliability programme descriptions
for aircraft systems, components and powerplants.
(2) Maintenance tasks and intervals that have been specified as mandatory in approval
of the type design shall be identified as such.
26. Safety programme and management system
(1) The Authority shall establish a State safety programme in order to achieve an
acceptable level of safety in civil aviation .
(2) An operator shall establish and maintain a safety management system that is
appropriate to the size and complexity of the operation.
(3) The Authority shall require, as part of their safety programme, that a person to
implement a safety management system acceptable to the State, as a minimum—
(a) identifies safety hazards;
(b) ensures that remedial action necessary to maintain an acceptable level of
safety is implemented;
(c) provides for continuous monitoring and regular assessment of the safety level
achieved; and
(d) aims to make continuous improvement to the overall level of safety.
(4) A safety management system shall clearly define lines of safety accountability
throughout a maintenance organisation, including a direct accountability for safety on the
part of senior management.
(5) An operator shall establish—
(a) a flight data analysis programme that is non-punitive and contains adequate
safeguards to protect the source of the data;
(b) a flight safety documents systems, for the use and guidance of operational
personnel, as part of its safety management system.
(6) An operator shall, as part of certification requirements, submit an SMS manual to
the Authority for approval and shall include—
(a) a scope of safety management system;
(b) the safety policy and objectives;
(c) safety accountabilities;
(d) key safety personnel;
(e) documentation control procedures;
(f) coordination of emergency response planning;
(g) hazards identification and safety risk management schemes;
(h) safety assurance;
(i) safety performance monetary;
(j) safety audit;
(k) management of change;
(l) safety promotion; and
(m) contracted activities.

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27. Inspections: commercial air transport


(1) Except as provided in subregulation (4), a person shall not operate an aircraft unless,
within the proceeding twelve months, the aircraft has had—
(a) an annual inspection in accordance with the Civil Aviation (Airworthiness)
Regulations, 2013 and has been approved for return to service by a person
authorized under the Civil Aviation (Airworthiness) Regulations, 2013; or
(b) an inspection for issuance or renewal of a certificate of airworthiness in
accordance with the Civil Aviation (Airworthiness) Regulations, 2013.
(2) Except as provided in subregulation (4), a person shall not operate an aircraft
carrying any person, other than a crewmember, for hire or reward or give flight instruction for
hire unless within the preceding 100 hours of time in service the aircraft has received an—
(a) annual or 100-hour inspection and has been approved for return to service in
accordance with the Civil Aviation (Airworthiness) Regulations, 2013; or
(b) inspection for the issuance or renewal of a certificate of airworthiness in
accordance with the Civil Aviation (Airworthiness) Regulations, 2013.
(3) The 100-hour limitation referred to in subregulation (2) may be exceeded by not
more than 10 hours while en-route to reach a place where the inspection can be done and
the excess time taken to reach a place where the inspection is to be done shall be included
in computing of the next 100 hours of time in service.
(4) The provisions of subregulation (1)and (2) shall not apply to—
(a) aircraft that is operating under restricted certificate of airworthiness or special
flight permit.
(b) an aircraft subject to the requirements of subregulation (1) and (6) of
regulation 28; or
(c) A turbine-powered rotorcraft when the operator selects to inspect that
rotorcraft in accordance with subregulation (6) of regulation 28.
28. Progressive inspection
(1) A registered owner or operator of an aircraft who intends to use a progressive
inspection program shall submit a written request to use the program to the Authority, and
shall—
(a) identify a licensed aircraft maintenance engineer with appropriate type ratings
in accordance with the Civil Aviation (Personnel Licensing) Regulations,
2013, an approved maintenance organisation appropriately rated in
accordance with the Civil Aviation (Approved Maintenance Organisation)
Regulations, 2013; or
(b) the manufacturer of the aircraft to supervise or conduct the progressive
inspection;
(c) provide a current inspection procedures manual available and readily
understandable to the pilot and maintenance personnel containing, in detail-
(i) an explanation of the progressive inspection, including the continuity
of inspection responsibility, the making of reports, and the keeping of
records and technical reference material;
(ii) an inspection schedule, specifying the intervals in hours or days when
routine and detailed inspections shall be performed and including
instructions for exceeding an inspection interval by not more than 10
hours while en-route and for changing an inspection interval because
of service experience;
(iii) sample routine and detailed inspection forms and instructions for their
use; and
(iv) sample reports and records and instructions for their use;

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(c) provide enough housing and equipment for necessary disassembly and
proper inspection of the aircraft; and
(d) provide appropriate current technical information for the aircraft.
(2) The frequency and detail of the progressive inspection referred to in subregulation
(1) shall provide for the complete inspection of the aircraft within each 12 months and be
consistent with the current manufacturer's recommendations, field service experience, and
the kind of operation in which the aircraft is engaged.
(3) The progressive inspection schedule shall conform to all applicable aircraft
specifications, type data sheets, airworthiness directives and other approved data
acceptable to the Authority.
(4) Where the progressive inspection is discontinued, the owner or operator shall
immediately notify the Authority in writing, after which the first annual inspection under these
Regulations will be due within 12 months after the last complete inspection of the aircraft
under the progressive inspection and the 100-hour inspection under regulation 27(2)(a) shall
be due within 100 hours after that complete inspection.
(5) A complete inspection of the aircraft, for the purpose of determining when the annual
and 100-hour inspections are due, shall be detailed inspection of the aircraft and all its
components in accordance with the progressive inspection and a routine inspection of the
aircraft and a detailed inspection of several components is not considered to be a complete
inspection.
(6) The registered owner or operator of a large aircraft, turbojet multi-engine aeroplane,
turbo propeller-powered multi-engine aeroplane and turbine powered rotorcraft shall select
and use the following programmes for inspection of the aircraft—
(a) a current inspection programme recommended by manufacturer;
(b) a maintenance programme for that make and model of aircraft currently
approved by the Authority for use by an AOC holder; or
(c) any other inspection programme developed by the operator and approved by
the Authority.
(7) An owner or operator of a large aeroplane shall include in the selected programme,
the name and address of the person responsible for the scheduling of the inspections
required by the programme, and provide a copy of the programme to the person performing
inspection on the aeroplane.
(8) An aircraft shall not be approved for return to service unless the replacement times
for life-limited parts specified in the aircraft specification-type data sheets are complied with
and the aircraft, including airframe, engines, propellers, rotors, appliances, and survival and
emergency equipment, is inspected in accordance with an inspection programme selected.
(9) A person wishing to establish or change an approved inspection programme shall
submit the programme to the Authority for approval and shall in writing, include—
(a) instructions and procedures for the conduct of inspection for the particular
make and model of the aircraft, including necessary tests and checks and
these instructions shall set forth in detail the parts and areas of the aircraft
or aircraft component including survival and emergency equipment required
to be inspected; and
(b) a schedule for the inspections that shall be performed expressed in terms
of time in service, calendar time, cycles of operations or any combination of
these.
(10) Where an operator changes from one inspection programme to another, the
operator shall apply the time in service, calendar times, or cycles of operation accumulated
under the previous programme, in determining time the inspection is due under the new
programme.
29. Changes to aircraft maintenance programmes

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(1) Whenever the Authority finds that revisions to an approved inspection programme
are necessary for the continued adequacy of the programme, the owner or operator of the
aircraft shall, after notification by the Authority, make any changes found to be necessary
in the programme.
(2) An owner or operator of an aircraft may petition the Authority to reconsider the
requirements contained in the notice, within thirty days after receiving that notice.
(3) Except in the case of an emergency requiring immediate action in the interest of
safety, the Authority shall take no action until it is able to make a final decision on the petition
to reconsider the notice as submitted by the operator to the Authority.
30. Inspections: all other aircraft
(1) A person shall not operate an aircraft not used in commercial air transport unless
within the preceding twelve months the aircraft has been—
(a) inspected in accordance with the Civil Aviation (Airworthiness) Regulations,
2013 and approved for return to service by an authorised person; and
(b) issued a certificate of airworthiness by the Authority.
(2) A person shall not operate an aircraft for flight instruction, or for compensation, hire
or reward unless within the preceding 100 hours of time in service the aircraft has been
inspected in accordance with the Performance Rules of the Civil Aviation (Airworthiness)
Regulations, 2013 and approved for return to service by an authorised person.
31. Maintenance records
(1) The owner or operator of an aircraft shall keep a maintenance record of—
(a) the entire aircraft to include—
(i) total time in service indicated in hours, calendar time and cycles, as
appropriate, of the aircraft and all life limited parts;
(ii) current inspection status of the aircraft, including the time since
required or approved inspections were last performed;
(iii) current empty mass and the location of the centre of gravity when
empty;
(iv) addition or removal of equipment;
(v) type and extent of maintenance and alteration, including the time in
service and date;
(vi) when work was performed; and
(vii) a chronological list of compliance with airworthiness directives issued
in accordance with the Civil Aviation (Airworthiness) Regulations,
2013, including methods of compliance;
(b) life-limited products—
(i) total time in service;
(ii) date of the last overhaul;
(iii) time in service since the last overhaul; and
(iv) date of the last inspection;
(c) instruments and equipment, the serviceability and operating life of which are
determined by their time in service—
(i) records of the time in service as are necessary to determine their
serviceability or to compute their operating life; and
(ii) date of last inspection:
except for records maintained by an AOC holder, a registered owner
or operator of an aircraft shall retain the following records until the
work is repeated or superseded by other work of equivalent scope and

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detail, or for two years after the subject to which they refer has been
permanently withdrawn from service—
(aa) records of the maintenance, preventive maintenance, minor
modifications, and records of the 100-hour, annual, and other
required or approved inspections, as appropriate, for each
aircraft (including the airframe) and each engine, propeller;
(bb) rotor, and appliance of an aircraft to include—
(i) a description or reference to data acceptable to the Authority, of the work
performed;
(ii) the date of completion of the work performed;
(iii) the signature and licence number of the person approving the aircraft for
return to service;
(cc) records containing the following information—
(i) the total time-in-service of the airframe, each engine, each propeller, and
each rotor;
(ii) the current status of all life-limited aircraft or aeronautical product;
(iii) the time since last overhaul of all items installed on the aircraft which are
required to be overhauled on a specified time basis;
(iv) the current inspection status of the aircraft, including the time since the
last inspection required by the inspection programme under which the
aircraft and its appliances are maintained;
(v) the current status of applicable airworthiness directives including, for
each, the method of compliance, the airworthiness directive number, and
revision date; and if the airworthiness directive involves recurring action,
the time and date when the next action is required; and
(vi) copies of the forms for each major modification to the airframe and
currently installed engines, rotors, propellers and appliances.
(2) The owner or operator of an aircraft shall—
(a) retain a list of defects on the aircraft until the defects are repaired and the
aircraft is approved for return to service; and
(b) avail all maintenance records required by this regulation to the Authority for
inspection.
(3) The pilot-in-command shall be responsible for reporting all known or suspected
defects in the aeroplane, to the operator, at the termination of the flight.
(4) The records in this regulation shall be kept for a minimum period of 90 days after
the unit to which they refer has been permanently withdrawn from service, and the records
in these Regulations for a minimum period of one year after the signing of the maintenance
release.
(5) In the event of a temporary change of operator, the records shall be made available
to the new operator and in the event of any permanent change of operator, the records shall
be transferred to the new operator.
32. Maintenance records retention
(1) Except for records maintained by an AOC holder, a registered owner or operator
of an aircraft shall retain the following records until the work is repeated or superseded by
other work of equivalent scope and detail, or for two years after the subject to which they
refer has been permanently withdrawn from service—
(a) records of the maintenance, preventive maintenance, minor modifications,
and records of the 100-hour, annual, and other required or approved
inspections, as appropriate, for each aircraft (including the airframe) and each
engine, propeller, rotor, and appliance of an aircraft to include—
(i) a description or reference to data acceptable to the Authority, of the
work performed;

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(ii) the date of completion of the work performed; and


(iii) the signature and licence number of the person approving the aircraft
for return to service;
(b) records containing the following information—
(i) the total time-in-service of the airframe, each engine, each propeller,
and each rotor;
(ii) the current status of all life-limited aircraft or aeronautical product;
(iii) the time since last overhaul of all items installed on the aircraft which
are required to be overhauled on a specified time basis;
(iv) the current inspection status of the aircraft, including the time since
the last inspection required by the inspection programme under which
the aircraft and its appliances are maintained;
(v) the current status of applicable airworthiness directives including, for
each, the method of compliance, the airworthiness directive number,
and revision date; and if the airworthiness directive involves recurring
action, the time and date when the next action is required; and
(vi) copies of the forms for each major modification to the airframe and
currently installed engines, rotors, propellers and appliances;
(vii) the current status of compliance with all mandatory continuing
airworthiness information.
(2) An owner or operator of an aircraft shall—
(a) retain a list of defects on the aircraft until the defects are repaired and the
aircraft is approved for return to service; and
(b) avail all maintenance records required by this regulation to the Authority for
inspection.
33. Transfer of maintenance records
The owner or operator who sells or leases an aircraft registered in the Kenya shall
transfer to the purchaser or lessee, at the time of sale or lease, the records identified
regulations 31 and 32 for that aircraft, in plain language form or in coded form at the election
of the purchaser or lessor if the coded form provides for the preservation and retrieval of
information in a manner acceptable to the Authority.
PART IV – FLIGHT CREW REQUIREMENTS
34. Composition of flight crew
(1) An aircraft shall not fly unless it carries a flight crew of the number and description
required by the law of the State of Registry.
(2) An aircraft registered in Kenya shall carry a fight crew adequate in number and
description to ensure the safety of the aircraft and of at least the number and description
specified in the Aircraft Flight Manual.
(3) The number and composition of the flight crew of an aircraft registered in Kenya
and flying for the purpose of commercial air transport operations, shall not be less than that
number specified in the operator's Operations Manual.
(4) The flight crew shall include flight crewmembers in addition to the minimum number
specified in the Aircraft Flight Manual or other documents associated with the certificate of
airworthiness, when necessitated by considerations related to the type of aircraft used, the
type of operation involved and the duration of flight between points where flight crews are
changed.
(5) An aircraft registered in Kenya and flying for the purpose of commercial air transport
operations, having a maximum mass of over 5,700 kg shall carry not less than two pilots
as members of the flight crew thereof.

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(6) Without prejudice to the preceding provisions of this regulation, an operator shall
ensure that—
(a) all flight crewmembers hold an applicable and valid licence acceptable to
the Authority and are suitably qualified and competent to conduct the duties
assigned to them;
(b) procedures are established, acceptable to the Authority, to prevent the
crewing together of inexperienced flight crewmembers;
(c) one pilot amongst the flight crew, qualified as a pilot-in-command (PIC) is
designated as the PIC who may delegate the conduct of the flight to another
suitably qualified pilot; and
(d) when a dedicated system panel operator is required by the aeroplane or
rotorcraft flight manual, the flight crew includes one crewmember who holds
a flight engineer's licence or is a suitably qualified flight crewmember and
acceptable to the Authority.
35. Aeroplane operating procedures for noise abatement
(1) Aeroplane operating procedures for noise abatement shall comply with the
procedures specified by the operator and approved by the Authority.
(2) Noise abatement procedures specified by an operator for any one aeroplane type
shall be the same for all aerodromes.
36. Operations under IFR or at night
(1) A person shall not conduct a single pilot operation under the instrument flight rules
or at night unless the operation is approved by the Authority and—
(a) the flight manual does not require a flight crew of more than one;
(b) the aeroplane is propeller-driven;
(c) the maximum approved passenger seating configuration of the aeroplane is
not more than nine;
(d) the maximum certificated take-off mass of the aeroplane is 5,700 kg or less;
(e) the aeroplane is equipped as described in subregulation (3); and
(f) the pilot has satisfied requirements of experience, training, checking and
regency as prescribed by regulation 39.
(2) Notwithstanding the provisions of subregulation (1)(c) the Authority may approve
a single pilot operation under IFR or at night for an aeroplane with a passenger seating
configuration of more than nine if the aeroplane, in addition to meeting the requirements of
subregulation (1)(a), (b), (d), (e) and (f), is type certificated for operation by a single pilot.
(3) A person conducting a single pilot operation under the IFR or at night shall ensure
that the aeroplane is equipped with—
(a) a serviceable autopilot that has at least altitude hold and heading select
modes;
(b) a headset with a boom microphone or equivalent; and
(c) means of displaying charts that enables them to be readable in all ambient
light conditions.
(4) A helicopter which has a minimum approved seating configuration of nine and which
is flying for the purpose of commercial air transport operations in circumstances where the
pilot in command is required to comply with instrument flight rules or which is flying by night
shall carry not less than two pilots as members of the flight crew thereof unless it is equipped
with an autopilot with, at least, altitude hold and heading mode which is serviceable on take-
off.
(5) A helicopter described in subregulation (3) which is equipped with an approved
autopilot shall not be required to carry two pilots notwithstanding that before take-off the

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approved autopilot is found to be unserviceable, if the helicopter flies in accordance with


arrangements approved by the Authority.
37. In-flight procedures: heliport operating minima
(1) A flight shall not be continued towards the aerodrome of intended landing, unless the
latest available information indicates that at the expected time of arrival, a landing can be
effected at that aerodrome or at least one destination alternate aerodrome, in compliance
with the operating minima established in accordance with regulation 38.
(2) An instrument approach shall not be continued beyond the outer marker fix in case of
precision approach, or below 300 m (1, 000 ft) above the aerodrome in case of non-precision
approach, unless the reported visibility or controlling RVR is above the specified minimum.
(3) If, after passing the outer marker fix in case of precision approach, or after
descending below 300 m (1, 000 ft) above the aerodrome in case of non-precision approach,
the reported visibility or controlling RVR falls below the specified minimum, the approach
may be continued to DA/H or MDA/H. In any case, an aeroplane shall not continue its
approach-to-land at any aerodrome beyond a point at which the limits of the operating
minima specified for that aerodrome would be infringed.
38. Heliport operating minima under IFR
(1) The State of the Operator shall require that the operator establish aerodrome
operating minima for each aerodrome to be used in operations and shall approve the method
of determination of such minima and such minima shall not be lower than any that may be
established for such aerodromes by the State in which the aerodrome is located, except
when specifically approved by that State.
(2) The State of the Operator shall require that in establishing the aerodrome operating
minima which will apply to any particular operation, full account shall be taken of—
(a) the type, performance and handling characteristics of the aeroplane;
(b) the composition of the flight crew, their competence and experience;
(c) the dimensions and characteristics of the runways which may be selected for
use;
(d) the adequacy and performance of the available visual and non-visual ground
aids;
(e) the equipment available on the aeroplane for the purpose of navigation or
control of the flight path during the approach to landing and the missed
approach;
(f) the obstacles in the approach and missed approach areas and the obstacle
clearance altitude/height for the instrument approach procedures;
(g) the means used to determine and report meteorological conditions; and
(h) the obstacles in the climb-out areas and necessary clearance margins;
(i) a stabilization system, unless it has been demonstrated to the satisfaction of
the Authority that the helicopter possesses, by nature of its design, adequate
stability without such a system.
(3) Category II and Category III instrument approach and landing operations shall not
be authorized unless RVR information is provided.
(4) For instrument approach and landing operations, aerodrome operating minima below
800 m visibility should not be authorized unless RVR information is provided.
39. Requirements of experience, recency and training for single pilot
operations at night or instrument flight rules
(1) A pilot-in-command (PIC) of a single pilot operation at night or under instrument flight
rules (IFR) shall satisfy the following requirements—
(a) for operations under IFR or at night, have accumulated at least 50 hours flight
time on the class of aeroplane, of which at least 10 hours shall be as PIC;

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(b) for operations under IFR, have accumulated at least 25 hours flight time under
IFR on the class of aeroplane, which may form part of the 50 hours flight time
in sub-paragraph (a);
(c) for operations at night, have accumulated at least 5 hours flight time at night,
which may form part of the 50 hours flight time in sub-paragraph (a);
(d) for operations under IFR, have acquired recent experience as a pilot engaged
in a single pilot operation under IFR of:
(i) at least three IFR flights, including three instrument approaches
carried out during the preceding six months on the class of aeroplane
in the single pilot role; or
(ii) an IFR instrument approach check carried out on such an aeroplane
during the preceding six months;
(e) for operations at night, have made at least five take-offs and landings at night
on the class of aeroplane in the single pilot role in the preceding six months;
and
(f) for an AOC holder, have successfully completed training programmes that
include, in addition to the requirements as specified in the Civil Aviation (Air
Operator Certification and Administration) Regulations, passenger briefing
with respect to emergency evacuation, autopilot management, and the use
of simplified in-flight documentation.
(2) The initial and recurrent flight training and proficiency checks stipulated in
these Regulations and the Civil Aviation (Air Operator Certification and Administration)
Regulations, 2013 respectively, shall be performed by the PIC in the single pilot role on the
class of aeroplane in an environment representative of the operation.
40. IFR operations
The Operator shall in the case of IFR operations, ensure that the fuel and oil carried is
at least the amount sufficient to allow the helicopter—
(a) when an alternate is not required to fly to the heliport to which the flight is
planned, and thereafter—
(i) to fly 30 minutes at holding speed at 450 m (1, 500 ft) above
the destination heliport under standard temperature conditions and
approach and land; and
(ii) to have an additional amount of fuel, sufficient to provide for the
increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State
of the Operator;
(b) when an alternate is required, to fly to and execute an approach, and a missed
approach, at the heliport to which the flight is planned, and thereafter—
(i) to fly to the alternate specified in the flight plan; and
(ii) to fly for 30 minutes at holding speed at 450 m (1, 500 ft) above the
alternate under standard temperature conditions, and approach and
land; and
(iii) to have an additional amount of fuel, sufficient to provide for the
increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State
of the Operator;
(c) when no suitable alternate is available like where the destination is isolated,
sufficient fuel to enable the helicopter to fly to the destination to which the
flight is planned and thereafter for a period that will, based on geographic and
environmental considerations, enable a safe landing to be made.
41. Pilot authorisation in lieu of a type rating

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The Authority may authorise a pilot to operate an aircraft requiring a type rating without
a type rating for a period not exceeding sixty days, provided that-
(a) the applicant has demonstrated to the satisfaction of the Authority that an
equivalent level of safety can be achieved through the operating limitations
on the authorisation;
(b) the applicant shows that compliance with these Regulations is impracticable
for the flight or series of flights;
(c) the operations—
(i) involve only a ferry flight, training to qualify on type or test flight;
(ii) are within the Kenya, unless, by previous agreement with the Authority,
the aircraft is flown to an adjacent Contracting State for maintenance;
(iii) are not for compensation or hire unless the compensation or hire
involves payment for the use of the aircraft for training; and
(iv) involve only the carriage of flight crewmembers considered essential
for the flight.
42. Pilot recent experience: PIC, co-pilot cruise relief pilot
(1) An operator shall not assign a pilot-in-command (PIC) or a co-pilot to operate at the
flight controls of an aeroplane during take-off and landing unless that pilot has operated the
flight controls for at least three take-offs and landings within the preceding 90 days on the
same type of aeroplane or in a synthetic flight trainer approved for that purpose.
(2) An operator shall not assign a pilot to act in the capacity of cruise relief pilot unless,
within the preceding 90 days, that pilot has either—
(a) operated as a PIC, co-pilot or cruise relief pilot on the same type of aeroplane;
or
(b) carried out flying skill refresher training including normal, abnormal and
emergency procedures specific to cruise flight on the same type of
aeroplane or in a synthetic flight trainer approved for the purpose, and has
practiced approach and landing procedures, where the approach and landing
procedure practice may be performed as the pilot who is not flying the
aeroplane.
(3) An operator shall not assign a pilot to act as PIC of an aeroplane unless, on the
same type of aeroplane within the preceding ninety days, that pilot has made at least three
take-offs and landings.
(4) An operator shall not assign a co-pilot to operate at the flight controls during take-
off and landing unless, on the same type of aeroplane within the preceding ninety days,
that co-pilot has operated the flight controls, as pilot in command or as co-pilot, during three
take-offs and landings or has otherwise demonstrated competence to act as co-pilot on a
synthetic flight trainer approved for the purpose.
43. PIC: route and airport qualification
(1) An operator shall not utilize a pilot as pilot-in-command (PIC) of an aeroplane on
a route or route segment for which that pilot is not currently qualified until such pilot has
complied with subregulation (2).
(2) The pilot referred to in subregulation (1) shall—
(a) demonstrate to the operator an adequate knowledge of—
(i) the route to be flown, and the aerodromes to be used which shall
include knowledge of—
(aa) the terrain and minimum safe altitudes;
(bb the seasonal meteorological conditions;
(cc) the meteorological, communication and air traffic facilities,
services and procedures;

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(dd) the search and rescue procedures; and


(ee) the navigational facilities and procedures, including any long-
range navigation procedures, associated with the route along
which the flight is to take place;
(ii) procedures applicable to flight paths over heavily populated areas and
areas of high air traffic density, obstructions, physical layout, lighting,
approach aids and arrival, departure, holding and instrument approach
procedures, and applicable operating minima;
(b) have been tested as to his proficiency in using instrument approach-to-land
systems of the type in use at the aerodrome of intended landing and any
alternate aerodromes, such test being carried out either in flight in instrument
meteorological conditions (IMC) or IMC simulated by means approved by the
Authority for the purpose, by means of apparatus so approved in which flight
conditions are simulated on the ground.
(3) A PIC on a scheduled route shall have made an actual approach into each aerodrome
of landing on the route, accompanied by a pilot who is qualified for the aerodrome, as a
member of the flight crew or as an observer on the cockpit, unless—
(a) the approach to the aerodrome is not over difficult terrain and instrument
approach procedures and aids available are similar to those with which the
pilot is familiar, and a margin to be approved by the Authority is added to the
normal operating minima, or there is reasonable certainty that approach and
landing can be made in visual meteorological conditions;
(b) the descent from the initial approach altitude can be made by day in visual
meteorological conditions;
(c) the operator qualifies the PIC to land at the aerodrome concerned by means
of an adequate pictorial presentation; or
(d) the aerodrome concerned is adjacent to another aerodrome at which the PIC
is currently qualified to land.
(4) The operator shall maintain a record, sufficient to satisfy the Authority of the
qualification of the pilot and of the manner in which such qualification has been achieved.
(5) An operator shall not continue to utilize a pilot as a PIC on a scheduled route unless,
within the preceding twelve months, that pilot has made at least one trip between the terminal
points of that route as a pilot member of the flight crew, or as a check pilot, or as an observer
on the cockpit.
(6) In the event that more than 12 months elapse in which a pilot has not made such a trip
on a scheduled route in close proximity and over similar terrain, prior to again serving as a
PIC on that route, that pilot must qualify afresh in accordance with subregulations (2)and (3).
(7) The pilot-in-command shall not operate to or from a heliport using operating minima
lower than those which may be established for that heliport by the State in which it is located,
except with the specific approval of that State.
44. Pilot proficiency checks
(1) An operator shall ensure that piloting technique and the ability to execute emergency
procedures is checked in such a way as to demonstrate the pilot's competence and where
the operation may be conducted under instrument flight rules, an operator shall ensure that
the pilot's competence to comply with such rules is demonstrated to the check pilot of the
operator or to the Authority.
(2) The checks referred to in subregulation (1) shall be performed twice within any period
of one year, and any two such checks which are similar, and which occur within a period of
four consecutive months shall not alone satisfy this requirement.
(3) Where an operator schedules flight crew on several variants of the same type of
aeroplane or different types of aeroplanes or helicopter or different types of helicopters with
similar characteristics in terms of operating procedures, systems and handling, the Authority

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shall decide under which conditions the requirements of subregulation (1) for each variant
or each type of aeroplane may be combined.
(4) When a pilot-in-command or a co-pilot is flying several variants of the same type of
helicopter or different types of helicopter with similar characteristics in terms of operating
procedures, systems and handling, the Authority shall decide under which conditions the
requirements of these regulations for each variant or each type of helicopter shall be
combined.
(5) A pilot-in-command shall not commence a flight unless the performance information
provided in the flight manual indicates that these regulations can be complied with for the
flight to be undertaken.
45. Performance information
(1) A flight shall not be commenced unless the performance information provided in
the flight manual indicates that the provisions of these regulations are complied with for the
flight to be undertaken.
(2) In applying the Standards of this chapter, account shall be taken of all factors that
significantly affect the performance of the helicopter such as mass, operating procedures,
the pressure-altitude appropriate to the elevation of the operating site, temperature, wind
and condition of the surface, which shall be taken into account directly as operational
parameters or indirectly by means of allowances or margins, which may be provided in the
scheduling of performance data or in the code of performance in accordance with which the
helicopter is being operated.
46. Licences required
(1) A person shall not act as pilot-in-command or in any other capacity as a required
flight crew member of an aircraft—
(a) registered in Kenya, unless that person carries in his personal possession
the appropriate and current licence for that flight crew position for that type
of aircraft; or
(b) of foreign registry, unless that person carries in his personal possession a
valid and current licence for that type of aircraft issued to them by the State
of registry.
(2) The flight crew for international and domestic operations shall hold a valid radio
telephony operator licence or endorsement issued or rendered valid by the State of Registry,
authorizing operation of the type of radio transmitting equipment to be used.
47. Pilots: qualifications
(1) The pilot-in-command in any general aviation operation shall ensure that the licenses
of each flight crew member have been issued or rendered valid by the State of Registry,
contain the proper ratings, and that all the flight crew members have maintained recency
of experience.
(2) A person shall not operate an aircraft in commercial air transport or aerial work unless
that person is qualified for the specific operation and in the specific type of aircraft used.
(3) The operator or owner of the aircraft shall ensure that flight crew engaged in civil
aviation operations speak and understand the english language.
48. Rating required for IFR operations
A person shall not act as pilot-in-command of an aircraft under instrument flight rules
(IFR) or instrument meteorological conditions unless—
(a) in the case of an aeroplane, the pilot holds an instrument rating or an airline
transport pilot licence (ATPL) with an appropriate aeroplane category, class,
and type rating if required, for the a aeroplane being flown; or
(b) in the case of helicopter, the pilot holds a helicopter instrument rating or an
ATPL for helicopters not limited to visual flight rules operations.

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49. Special authorisation required for Category II or III operations


(1) A person shall not act as a pilot of an aircraft in a Category II or III operations unless—
(a) in the case of a pilot-in-command , the person holds a current Category II or
III pilot authorisation for that aircraft type; or
(b) in the case of a co-pilot, the person is authorised by the State of Registry to
act in that capacity in that aircraft in Category II or III operations.
(2) An authorisation is not required for individual pilots of an AOC holder which has
operations specifications approving Category II or III operations.
50. Recording of flight time
(1) A pilot shall record and keep details of all flights he has flown in a logbook format
acceptable to the Authority.
(2) An AOC holder may record details of flights flown by a pilot in an acceptable
computerised format maintained by the AOC holder and shall make the records of all flights
operated by the pilot, including differences and familiarisation training, available on request
to the pilot concerned.
(3) The record referred to in subregulations (1) and (2) shall contain the following
information—
(a) personal details: name and address of the holder;
(b) for each flight:
(i) name of pilot-in-command (PIC);
(ii) date (day, month, year) of flight;
(iii) place and time of departure and arrival (times to be UTC and block
to block);
(iv) type (aircraft make, model and variant) and registration of aircraft;
(v) single engine or multi-engine;
(vi) total time of flight;
(vii) accumulated total time of flight;
(c) for each synthetic flight trainer or flight and navigation procedures trainers
session:
(i) type and qualification number of training device;
(ii) synthetic training device instruction;
(iii) date (date/month/year);
(iv) total time of session; and
(v) accumulated total time;
(d) pilot function—
(i) PIC;
(ii) co-pilot;
(iii) dual;
(iv) authorised instructor or authorised examiner;
(v) a remarks column to give details of specific functions such as student
PIC time, PIC under supervision time, PIC instrument flight time, etc.;
(e) operational conditions—
(i) night; or
(ii) instrument flight rules.
(4) Logging of time—
(a) PIC flight time:

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(i) the holder of a licence may log as PIC time all of the flight time during
which he is the PIC;
(ii) the applicant for or the holder of a pilot licence may log as PIC time
all solo flight time and flight time as student PIC provided that such
student PIC time is countersigned by the instructor;
(iii) the holder of an instructor rating may log as PIC all flight time during
which he acts as an instructor in an aeroplane;
(iv) the holder of an examiner's authorisation may log as PIC all flight time
during which he occupies a pilot's seat and acts as an examiner in an
aeroplane;
(v) a co-pilot acting as PIC under the supervision of the PIC on an
aeroplane on which more than one pilot is required under the certificate
of airworthiness of the aeroplane or by these Regulations may log
as PIC under supervision flight time, provided such PIC time under
supervision is countersigned by the PIC; or
(vi) where the holder of a licence carries out a number of flights upon the
same day returning on each occasion to the same place of departure
and the interval between successive flights does not exceed thirty
minutes, such series of flights are to be recorded as a single entry;
(b) co-pilot flight time: the holder of pilot licence occupying a pilot seat as co-
pilot may log all flight time as co-pilot flight time on an aeroplane on which
more than one pilot is required under the certificate of airworthiness of the
aeroplane;
(c) cruise relief co-pilot flight time: a cruise relief co-pilot may log all flight time as
co-pilot when occupying a pilot's seat;
(d) instruction time: a summary of all time logged by an applicant for a licence
or rating as flight instruction, instrument flight instruction, instrument ground
time, shall be certified by the appropriately rated or authorised instructor from
whom it was received;
(e) PIC under supervision: a co-pilot may log as PIC under supervision flight time
flown as PIC under supervision, when all of the duties and functions of PIC
on that flight were carried out, such that the intervention of the PIC in the
interest of safety was not required, provided that the method of supervision
is acceptable to the Authority.
(5) Presentation of flight time record—
(a) the holder of a licence or a student pilot shall without undue delay present his
flight time record for inspection upon request by an authorised person; and
(b) a student pilot shall carry his flight time record logbook with him on all solo
cross-country flights as evidence of the required instructor authorisations.
51. Pilot-in-command and co-pilot currency: take-offs and landings
(1) A person shall not act as pilot-in-command or co-pilot of an aircraft unless within the
preceding ninety days that person has—
(a) made three take-offs and landings as the sole manipulator of the flight controls
in an aircraft of the same category and class and if a type rating is required,
of the same type;
(b) for a tail wheel aeroplane, made three take-offs and landings in a tail wheel
aeroplane with each landing to a full stop; and
(c) for night operations, made the three take-offs and landings required by
paragraph (a) at night.
(2) A pilot who has not met the regency of experience for take-offs and landings shall
satisfactorily complete a re-qualification curriculum acceptable to the Authority.

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(3) The requirements of subregulations (1) and (2) may be satisfied in a synthetic flight
trainer approved by the Authority.
52. Pilot currency: IFR operations
(1) A person shall not act as pilot-in-command under instrument flight rules (IFR), or in
instrumental meteorological conditions, unless that person has, within the past six months—
(a) logged at least six hours of instrument flight time including at least three hours
in flight in the category of aircraft; and
(b) completed at least six instrument approaches.
(2) A pilot who has completed an instrument competency check with an authorised
person shall be considered to be current for IFR operations for six months following that
check.
53. Pilot currency: general aviation operations
(1) A person shall not act as pilot of an aircraft type certificated—
(a) for more than one pilot unless, in the preceding twelve months, that person
has passed a proficiency check carried out by an authorized person in an
aircraft requiring more than one pilot;
(b) for more than one pilot unless, in the preceding twenty four months, that
person has passed a proficiency check in the type of aircraft to be operated; or
(c) for a single pilot unless, in the preceding twenty four months, that person has
passed a proficiency check carried out by an authorized person.
(2) The person conducting the proficiency checks as required under subregulation (1)
shall ensure that each check duplicates the manoeuvres of the type rating practical test.
(3) A person shall not act as co-pilot of an aircraft type certificated for more than one
pilot unless, in the preceding twelve months, that person has—
(a) An appropriate class and type rating for the aircraft to be flown; and
(b) logged three take-offs and landings as the sole manipulator of the controls.
54. Pilot privileges and limitations
A pilot shall not conduct flight operations unless the operations are within the privileges
and limitations of each licence he holds as specified in the Civil Aviation (Personnel
Licensing) Regulations, 2013.
PART V – CREWMEMBER DUTIES AND RESPONSIBILITIES
55. Authority and responsibility of the PIC
(1) The pilot-in-command (PIC) of an aircraft shall—
(a) be responsible for the operations security and safety of the aircraft and for
the safety of all persons on board, during flight;
(b) have final authority as to the operation of the aircraft while in command; and
(c) whether manipulating the controls or not, be responsible for the operation of
the aircraft in accordance with the Civil Aviation (Rules of the Air) Regulations,
2013, except that the PIC may depart from them in emergency circumstances
that render such departure absolutely necessary in the interests of safety.
(2) The provisions of subregulation (1)(c) may be departed from to the extent necessary

(a) to avoid immediate danger or in an emergency situation; or
(b) to comply with the law of any State other than Kenya within which the aircraft
then is; or
(c) if any departure from the provisions of subregulation (1)(c), is made for the
purpose of avoiding immediate danger or in an emergency situation, the PIC
shall cause written particulars of the departure, and of the circumstances

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giving rise to it, to be given without delay, and in any case within ten days
thereafter, to the competent authority of the State in whose territory the
departure was made with a copy of it to the Authority and in the case of a
Kenyan aircraft the departure was made over the high seas, to the Authority.
56. Authority of the pilot-in-command
A person in an aircraft registered in the Kenya shall obey all lawful commands which the
pilot-in-command (PIC) of that aircraft may give for the purpose of securing the safety of
the aircraft and of persons or property carried therein, or the safety, efficiency or regularity
of air navigation.
57. Compliance with local regulations
(1) Any PIC shall comply with the relevant laws, regulations and procedures of—
(a) the State in which the aircraft is operated; and
(b) the Authority in all instances where such regulations exceed but not in conflict
with those of the State in which the aircraft is operated.
(2) If an emergency situation which endangers the safety of the aeroplane or persons
becomes known first to the flight operations officer or flight dispatcher, action by that
person in accordance with these Regulations shall include, where necessary, notification
to the appropriate authorities of the nature of the situation without delay, and requests for
assistance if required.
(3) The pilot-in-command is responsible for operational control and an operator shall
describe the operational control system in the operations manual and identify the roles and
responsibilities of those involved with the system.
58. Compliance by a foreign operator with laws, regulations and procedures
(1) Where the Authority identifies a case of non-compliance or suspected non-
compliance with applicable laws, regulations and procedures by a foreign operator or a
similar serious safety issue with that operator, the Authority shall immediately notify the
operator and, if the issue warrants it, the State of the Operator.
(2) Where the State of the Operator and the State of Registry are different, such
notification shall also be made to the State of Registry, if the issue falls within the
responsibilities of that State and warrants a notification.
(3) In the case of notification to States as specified in subregulation (1) if the issue
and its resolution warrant it, the Authority shall engage in consultations with the State of
the Operator and the State of Registry, as applicable, concerning the safety standards
maintained by the operator.
59. Surveillance of operations by a foreign operator
(1) The Authority shall recognize as valid an air operator certificate issued by another
Contracting State, if the requirements under which the certificate was issued are at least
equal to the applicable international Standards.
(2) The Authority shall establish a programme with procedures for the surveillance of
operations in their territory by a foreign operator and for taking appropriate action when
necessary to preserve safety.
(3) An operator shall meet and maintain the requirements established by the Authority
in which the operations are conducted.
60. Imperilling the safety of persons and property
A person shall not wilfully, recklessly or negligently cause or permit an aircraft to
endanger any life or property.
61. Fitness of crew members

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(1) A person shall not act as a required crew member at any time when that person is
aware of any decrease in the medical fitness which might render him unable to safely and
properly execute the duties of a crew member.
(2) The operator and the pilot-in-command (PIC) shall be responsible for ensuring that
a flight is not—
(a) commenced if any required crew member is incapacitated from performing
duties by any cause such as injury, sickness, fatigue, the effects of alcohol
or drugs; or
(b) continued beyond the nearest suitable aerodrome if a flight crewmembers
capacity to perform functions is significantly reduced by impairment of
faculties from causes such as fatigue, sickness or lack of oxygen.
62. Use of narcotics, drugs or intoxicating liquor
(1) A person shall not act or attempt to act as a crewmember of an aircraft—
(a) within eight hours after the consumption of any alcoholic beverage;
(b) while under the influence of alcohol;
(c) while using any drug that affects the person's faculties in any way contrary
to safety; or
(d) while having 0.04 per cent by weight or more alcohol in the blood.
(2) A crewmember shall, up to eight hours before or immediately after acting or
attempting to act as a crewmember, on the request of the Authority, submit to a test to
indicate the presence of alcohol or narcotic drugs in the blood.
(3) Where there is a reasonable basis to believe that a person may not be in compliance
with this regulation and upon the request of the Authority, that person shall furnish the
Authority or authorise any clinic, doctor, or other person to release to the Authority, the results
of each blood test taken for presence of alcohol or narcotic substances up to eight hours
before or immediately after acting or attempting to act as a crewmember.
(4) Any test information provided to the Authority under the provisions of this regulation
may be used as evidence in any legal proceedings.
63. Crew member use of seatbelts and shoulder harnesses
(1) A crew member shall, at all times during take-off, landing and while seated at his
workstation, fasten his seat belt.
(2) A crew member occupying a station equipped with a shoulder harness shall
fasten that harness during take-off and landing, except that the shoulder harness may be
unfastened if the crew member cannot perform the required duties with the shoulder harness
fastened.
(3) An occupant of a seat equipped with a combined safety belt and shoulder harness
shall have the combined safety belt and shoulder harness properly secured during take-off
and landing and be able to properly perform assigned duties.
(4) Where there is an unoccupied seat, the safety belt and shoulder harness at that seat
if installed, shall be secured so as not to interfere with crewmembers in the performance of
their duties or with the rapid egress of occupants in an emergency.
64. Flight crew members at duty stations
(1) A required flight crew member shall remain in the assigned duty station during take-
off and landing and critical phases of flight.
(2) A pilot-in-command (PIC) shall cause one pilot to remain at the controls of the aircraft
at all times while the aircraft is in flight.
(3) A flight crew member shall remain at his station during all phases of flight unless—
(a) absence is necessary for the performance of the flight crew member duties
in connection with the operation;

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(b) absence is necessary for physiological needs, provided one qualified pilot
remains at the controls at all times; or
(c) the flight crew member is taking a rest period and a qualified relief flight crew
member replaces that crew member at the duty station.
(4) A required flight crew member may leave the assigned duty station if the crew
member is taking a rest period, and relief is provided—
(a) for the assigned PIC during the en route cruise portion of the flight by a pilot
who holds an airline transport pilot licence and an appropriate type rating, and
who is currently qualified as PIC or co-pilot, and is qualified as PIC of that
aircraft during the en route cruise portion of the flight; and
(b) in the case of the assigned co-pilot, by a pilot qualified to act as PIC or co-
pilot of that aircraft during en route operations crewmember.
65. Required crew member equipment
(1) A crew member involved in night operations shall have an electric torch at his station.
(2) A pilot shall have at his station all normal, abnormal and emergency procedures
checklists.
(3) A pilot shall have at his station current and suitable maps, charts, codes and other
documents and navigational equipment necessary to cover the route of the proposed flight
and any route along which it is reasonable to expect that the flight may be diverted.
(4) A flight crew member assessed as fit to exercise the privileges of a licence subject to
the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily
available when performing as a required crew member in commercial air transport.
(5) A cabin crew member shall be required to have an emergency procedures manual
for the type of aircraft.
66. Compliance with checklists
(1) A pilot-in-command shall ensure that the flight crew follows the approved checklist
procedures when operating the aircraft.
(2) Checklists shall be used by flight crews prior to, during and after all phases
of operations, and in emergencies, to ensure compliance with the operating procedures
contained in the aircraft operating manual and the aeroplane flight manual or other
documents associated with the certificate of airworthiness and otherwise in the operations
manual, are followed and the design and utilization of checklists shall observe Human
Factors principles.
67. Search and rescue information
An operator shall ensure that essential information pertinent to the intended flight
concerning search and rescue services is easily accessible in the cockpit.
68. Information on emergency and survival equipment carried
An operator shall ensure that there are available for immediate communication to
rescue coordination centres, lists containing information on the emergency and survival
equipment carried on board all of the operators aircraft, which information shall include, as
applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency
medical supplies, water supplies and the type and frequencies of emergency portable radio
equipment.
69. Locking of cockpit compartment door
(1) In an aircraft equipped with a cockpit compartment door—
(a) the door shall be capable of being locked; and
(b) means shall be provided by which the cabin crew can discreetly notify the
flight crew in the event of suspicious activity or security breaches in the cabin.

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(2) A PIC shall ensure that the cockpit compartment door, if installed, is locked at all
times during passenger carrying commercial air transport operations, except as necessary
to permit access and egress by authorised persons.
70. Admission to the cockpit
(1) A person shall not admit any person to the cockpit of an aircraft engaged in
commercial air transport operations unless the person being admitted is—
(a) an operating crew member;
(b) an authorised person responsible for certification, licensing or inspection;
(c) any person authorised by the Authority with the agreement with the operator;
or
(d) permitted and carried in accordance with instructions contained in the
Operations Manual.
(2) A person shall not admit any person who is not a flight crew member to the cockpit
of an aircraft of maximum certificated mass of over 5,700 kg unless there is a seat available
in the passenger compartment for use by the person to be admitted in the cockpit.
(3) A pilot-in-command shall ensure that—
(a) in the interest of safety, admission to the cockpit does not cause distraction
to the flight crew or interfere with the flight's operations; and
(b) all persons carried in the cockpit are made familiar with the relevant safety
procedures.
71. Power to inspect
(1) The pilot-in-command (PIC) shall give the inspector free and uninterrupted access
to the aircraft, including the cockpit, when an inspector from the Authority presents valid
aviation safety inspector credentials to the PIC in order to conduct an inspection.
(2) The PIC may refuse an inspector access to the cockpit if, in his or her opinion, the
safety of the aircraft would thereby be endangered.
72. Duties during critical phases of flight
(1) A flight crew member shall not perform any duties during a critical phase of flight
except duties required for the safe operation of the aircraft.
(2) A pilot-in-command shall not permit a flight crew member to engage in any activity
during a critical phase of flight which could distract or interfere with the performance of that
flight crew member's assigned duties.
73. Microphones
A required flight crew member shall use a boom or throat microphone to
intercommunicate and communicate with another flight crew members and air traffic
services below the transition level or altitude.
74. Manipulation of the controls: commercial air transport
(1) A pilot-in-command shall not allow an unqualified person to manipulate the controls
of an aircraft during commercial air transport operations.
(2) A person shall not manipulate the controls of an aircraft during commercial air
transport operations unless that person is qualified to manipulate the controls and is
authorised to do so by the air operator certificate holder.
75. Simulated abnormal situations in flight: commercial air transport
A person shall not cause or engage in simulated abnormal or emergency situations or
the simulation of instrument meteorological conditions by artificial means during commercial
air transport operations.
76. Completion of the technical logbook: commercial air transport

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A pilot-in-command shall ensure that all portions of the technical logbook required under
the Civil Aviation (Air Operator Certification and Administration) Regulations, 2013 are
completed at the appropriate points before, during and after flight operations.
77. Reporting mechanical irregularities
A pilot-in-command shall ensure that all mechanical irregularities occurring during flight
time are—
(a) reported to the operator at the termination of the flight;
(b) for general aviation operations, entered in the aircraft logbook and dealt with in
accordance with the Minimum Equipment List or other approved or prescribed
procedure;
(c) for commercial air transport operations, entered in the technical log of the
aircraft at the end of that flight time.
78. Reporting of facility and navigation aid inadequacies
(1) An operator shall report, without delay, any inadequacy or irregularity of a facility
or navigational aid observed in the course of operations to the person responsible for that
facility or navigational aid.
(2) Subject to their published conditions of use, aerodromes and their facilities shall be
kept continuously available for flight operations during their published hours of operations,
irrespective of weather conditions.
79. Reporting of incidents
(1) A pilot-in-command (PIC) shall submit, without delay, a signed written report to the
Authority, of an air traffic incident whenever an aircraft in flight has been endangered by—
(a) a near collision with another aircraft or object or whenever an aircraft in
flight has manoeuvred in response to an collision avoidance system (ACAS)
Resolution Advisory;
(b) faulty air traffic control procedures or lack of compliance with applicable
procedures by an air traffic control unit or by the flight crew; or
(c) a failure of air traffic control unit.
(2) Where a bird constitutes an in-flight hazard or an actual bird strike, the PIC shall,
without delay—
(a) inform the appropriate air traffic control (ATC) unit whenever a potential bird
hazard is observed; and
(b) submit to the Authority a written bird strike report after landing.
(3) A PIC shall inform the appropriate ATC unit if the situation permits, when an in-flight
emergency occurs involving dangerous goods on board.
(4) A PIC shall, without delay, submit a report to the local authorities and to the Authority,
following an act of unlawful interference.
80. Hazardous flight conditions
(1) A person shall report to the appropriate aeronautical station as soon as possible
where the hazardous flight conditions are encountered, other than those associated with
meteorological conditions.
(2) The reports so rendered under subregulation (1) shall give such details as may be
pertinent to the safety of other aircraft.
81. Accident notification
(1) A pilot-in-command (PIC) shall notify the nearest appropriate authority, by the
quickest available means, of any accident involving the aircraft that results in serious injury
or death of any person, or substantial damage to the aircraft or property.

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(2) The PIC shall submit a report to the Authority of any accident which occurred while
that PIC was responsible for the flight.
82. Duties of pilot-in-command
(1) The pilot-in-command shall ensure that the checklists specified are complied with
in detail.
(2) Checklists shall be used by flight crews prior to, during and after all phases
of operations, and in emergencies, to ensure compliance with the operating procedures
contained in the aircraft operating manual and the aeroplane flight manual or other
documents associated with the certificate of airworthiness and otherwise in the operations
manual and the design and utilization of checklists shall observe Human Factors principles.
83. Operation of flight recorders
(1) A pilot-in-command (PIC) shall ensure that whenever an aircraft has flight recorders
installed, the recorders are operated continuously from the instant—
(a) for a flight data recorder, the aircraft begins the flight until it has completed
the landing roll; and
(b) for a cockpit voice recorder, the initiation of the pre-flight checklist until the
end of the securing aircraft checklist.
(2) A PIC shall not permit a flight recorder to be disabled, switched off or erased during
flight, unless necessary to preserve the data for an accident or incident investigation.
(3) In event of an aircraft accident or incident, the PIC shall act to preserve the recorded
data for subsequent investigation.
84. Crew member oxygen supply
(1) The approximate altitudes in the Standard Atmosphere corresponding to the values
of absolute pressure used in this regulation are as follows—
Absolute pressure Metres Feet
700 hPa 3 000 10 000
620 hPa 4 000 13 000
376 hPa 7 600 25 000
(2) A flight to be operated at flight altitudes at which the atmospheric pressure in
personnel compartments will be less than 700 hPa shall not be commenced unless sufficient
stored breathing oxygen is carried to supply—
(a) all crew members and 10 per cent of the passengers for any period in excess
of 30 minutes that the pressure in compartments occupied by them will be
between 700 hPa and 620 hPa; and
(b) the crew and passengers for any period that the atmospheric pressure in
compartments occupied by them will be less than 620 hPa.
(3) A flight to be operated with a pressurized aircraft shall not be commenced unless
a sufficient quantity of stored breathing oxygen is carried to supply all the crew members
and passengers, as is appropriate to the circumstances of the flight being undertaken, in
the event of loss of pressurization, for any period that the atmospheric pressure in any
compartment occupied by them would be less than 700 hPa.
(4) In addition to subregulation (3), when an aircraft is operated at flight altitudes at
which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes
at which the atmospheric pressure is more than 376 hPa and cannot descend safely within
four minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, there
shall be no less than a 10 minute supply for the occupants of the passenger compartment.
(5) In no case shall the minimum supply of oxygen on board the aircraft be less than that
prescribed by the Authority in the Civil Aviation (Instruments and Equipment) Regulations,
2013 (L.N 75/2013).

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(6) An operator shall ensure that Cabin crew are safeguarded so as to ensure
reasonable probability of their retaining consciousness during any emergency descent which
may be necessary in the event of loss of pressurization and, in addition, they should have
such means of protection as will enable them to administer first aid to passengers during
stabilized flight following the emergency.
(7) Passengers should be safeguarded by such devices or operational procedures as
will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss
of pressurization.
85. Use of oxygen
(1) All flight crew members, when engaged in performing duties essential to the safe
operation of an aircraft in flight, shall use breathing oxygen continuously whenever the
circumstances prevail for which its supply has been required in regulation 84.
(2) All flight crew members of pressurized aircraft operating above an altitude where the
atmospheric pressure is less than 376 hPa shall have available at the flight duty station a
quick-donning type of oxygen mask which will readily supply oxygen upon demand.
86. Carriage of dangerous goods
(1) A person shall not carry dangerous goods in an aircraft except—
(a) with the written permission of the Authority and subject to any condition the
Authority may impose in granting such permission; and
(b) in accordance with the Technical Instructions for the Safe Transport of
Dangerous Goods by Air issued by the Council of International Civil Aviation
organisation and with any variations to those instructions which the Authority
may from time to time notify that Council.
(2) A person shall not take or cause to be taken on board an aircraft or deliver or cause
to be delivered for loading thereon, any goods which that person knows or has reasonable
cause to know to be dangerous goods without complying with this regulation.
(3) The operator of an aircraft shall, before the flight begins, inform the pilot-in-command
of the aircraft of the identity of the goods, the danger to which they give rise and the weight
or quantity of the goods.
(4) For the purposes of this regulation, "dangerous goods" means the goods classified
and listed as dangerous goods in the Technical Instructions for the Safe Transport of
Dangerous Goods by Air.
(5) This Regulation shall be in addition to and not in derogation of regulation 175.
87. Portable electronic devices
A PIC or any other crew member shall not permit any person to use, nor shall any
person use a portable electronic device on board an aircraft that may adversely affect the
performance of aircraft systems and equipment unless—
(a) for IFR operations other than commercial air transport, the PIC allows such
a device prior to its use; or
(b) for commercial air transport operations, the AOC holder makes a
determination of acceptable devices and publishes that information in the
Operations Manual for the crew members use; and
(c) the PIC informs passengers of the permitted use.
PART VI – FLIGHT PLANS AND AIR TRAFFIC CONTROL CLEARANCE
Operational Flight Planning and Preparation
88. Pre-flight action
A pilot-in-command of an aircraft registered in the Kenya shall satisfy himself before the
flight is commenced—

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(a) that the flight can safely be made, taking into account the latest information
available as to the route and aerodromes to be used, the weather reports and
forecasts available, and any alternative cause of action which can be adopted
in case the flight cannot be completed as planned;
(b) that the equipment, including radio apparatus, required by these Regulations
to be carried is carried and is in a fit condition for use;
(c) that the aircraft is in every way fit for the intended flight, and that, where a
certificate of release to service is required by the Civil Aviation (Airworthiness)
Regulations, 2013 to be in force, is in force and will not cease to be in force
during the intended flight;
(d) that the load carried by the aircraft is of such weight, and is so distributed and
secured, that it may safely be carried on the intended flight;
(e) in the case of an aeroplane, a rotorcraft or airship, that sufficient fuel, oil and
engine coolant, if required, are carried for the intended flight, and that a safe
margin has been allowed for contingencies, and, in the case of a flight for the
purpose of commercial air transport, that the instructions in the operations
manual relating to fuel, oil, and engine coolant have been complied with;
(f) in case of an airship or balloon, that, sufficient ballast if required is carried for
the intended flight;
(g) in the case of an aeroplane, that having regard to the performance of the
aeroplane in the condition to be expected on the intended flight, and to any
obstacle at the places of departure and intended destination and on the
intended route, it is capable of safely taking off, reaching and monitoring a
safe height thereafter, and making a safe landing at the place of intended
destination; and
(h) that any pre-flight check system established by the operator and set out in the
operations manual or elsewhere has been complied with by each member of
the crew of the aircraft.
89. Operation of aircraft on the ground
(1) A person shall not taxi an aeroplane on the movement area of an aerodrome unless
that person—
(a) has been authorised by the operator, owner or a designated agent;
(b) is fully competent to taxi the aircraft;
(c) is qualified to use the radio if radio communications are required;
(d) has received instruction from a competent person in respect of aerodrome
layout, and where appropriate, information on routes, signs, marking, lights,
air traffic control signals and instructions, phraseology and procedures, and
is able to conform to the operational standards required for safe aircraft
movement at the aerodrome; and
(e) has been given an air traffic control clearance where appropriate.
(2) A person shall not cause a helicopter rotor to be turned under power unless there is
a qualified pilot at the controls properly secured in his seat.
90. Flight into known or expected icing
A person shall not commence a flight—
(a) in an aircraft or continue to operate an aircraft en route when the icing
conditions are expected or encountered, without ensuring that the aircraft is
certified for icing operations and has sufficient operational de-icing or anti-
icing equipment;
(b) in an aircraft when frost, ice or snow is adhering to the wings, control surfaces,
propellers, engine inlets or other critical surfaces of the aircraft which might
adversely affect the performance or controllability of the aircraft; or

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(c) for commercial air transport operations in an aircraft when conditions are
such that frost, ice or snow may reasonably be expected to adhere to the
aircraft, unless the procedures approved for the air operator certificate holder
by the Authority are followed to ensure ground de-icing, and anti- icing is
accomplished.
91. Aerodrome operating minima
(1) A person shall not operate to or from an aerodrome using aerodrome operating
minima lower than those which may be established for that aerodrome by the State in which
it is located, unless that State specifically approves that operation.
(2) The operator in establishing the aerodrome operating minima in any particular
operation, shall take into account of—
(a) the type, performance and handling characteristics of the aeroplanes;
(b) the composition of the flight crew, their competence and experience;
(c) the dimensions and characteristics of the runways which may be selected for
use;
(d) the adequacy and performance of the available visual and non-visual ground
aids;
(e) the equipment available on the aeroplane for the purpose of navigation and
control of the flight path during the approach to landing and the missed
approach;
(f) the obstacles in the approach and missed approach areas and the obstacle
clearance altitude/height for the instrument approach procedures;
(g) the means used to determine and report meteorological conditions; and
(h) the obstacles in the climb-out areas and necessary clearance margins.
92. Take-off conditions
Before commencing take-off, a pilot-in-command shall ensure that—
(a) according to the available information, the weather at the aerodrome and the
condition of the runway intended to be used shall allow for a safe take-off and
departure; and
(b) the runway visual range (RVR) or visibility in the take-off direction of the
aircraft is equal to or better than the applicable minimum.
93. Altimeter settings
A person operating an aircraft registered in the Kenya shall set the aircraft altimeters
to maintain the cruising altitude for flight level reference in accordance with the procedure
notified by—
(a) the State where the aircraft may be; or
(b) the Aeronautical Information Publication.
94. Climb performance procedures
The operator should issue operating instructions and provide information on aeroplane
climb performance with all engines operating to enable the pilot-in-command to determine
the climb gradient that can be achieved during the departure phase for the existing take-
off conditions and intended take-off technique and this information shall be included in the
operations manual.
95. Operation of radio in aircraft
(1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in
flight, except in accordance with the conditions of the licence issued in respect of that station
under the law of the State of registry, and by a person duly licensed or otherwise permitted
to operate the radio station under that law.

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(2) Subject to subregulations (3) and (4) whenever an aircraft is in flight in such
circumstances that it is required by or under these Regulations to be equipped with radio
communications apparatus, a continuous radio watch shall be maintained by a member of a
flight crew listening to the signals transmitted upon the frequency notified, or designated by
a message received from an appropriate aeronautical radio station, for use by that aircraft.
(3) The radio watch may be discontinued or continued on another frequency to the extent
that a message as aforesaid so permits.
(4) The watch may be kept by a device installed in the aircraft if the appropriate
aeronautical radio station has been informed to that effect and has raised no objection; and
that station is notified, or in the case of a station situated in a State other than the Kenya,
otherwise designated as transmitting a signal suitable for that purpose.
(5) Whenever an aircraft is in flight in such circumstances that it is required by or under
these Regulations to be equipped with radio or radio navigation equipment a member of the
flight crew shall operate that equipment in such a manner as he may be instructed by the
appropriate air traffic control unit or as may be notified in relation to any notified airspace
in which the aircraft is flying.
(6) The radio station in an aircraft shall not be operated so as to cause interference,
that impairs the efficiency of aeronautical telecommunications or navigational services, and
in particular emissions shall not be made except as follows—
(a) emission of the class and frequency for the time being in use, in accordance
with general international aeronautical practice, in the airspace in which the
aircraft is flying;
(b) distress, urgency and safety messages and signals, in accordance with
general international aeronautical practice;
(c) messages and signals relating to the flight of the aircraft, in accordance with
general international aeronautical practice; and
(d) such public correspondence messages as may be permitted by or under the
aircraft radio station licence referred in subregulation (1).
(7) In any aircraft registered in Kenya, which is engaged on a flight for the purpose
of commercial air transport operations, the pilot and the flight engineer (if any) shall not
make use of a hand-held microphone, whether for the purpose of radio communication or
of intercommunication within the aircraft, whilst the aircraft is flying in controlled airspace
below flight level 150 or is taking off or landing.
(8) An aircraft which is equipped with a radio station having a defect such as to impair
the safety of the aircraft shall not undertake any flight until the aircraft has been rendered
safe, or if such defect occurs during flight, shall land as soon as possible unless the radio
station can be and is speedily rendered safe for flight.
96. Weather reports and forecasts
(1) A pilot-in-command (PIC) shall before commencing a flight be familiar with all
available meteorological information appropriate to the intended flight.
(2) Pre-flight action by a PIC for a flight away from the vicinity of the place of departure,
and for every flight under instrument flight rules, shall include—
(a) a careful study of available current weather reports and forecasts taking into
consideration fuel and oil requirements; and
(b) an alternative course of action if the flight cannot be completed as planned
because of weather conditions.
(3) A PIC who is unable to communicate by radio with an air traffic control unit at the
aerodrome of destination shall not begin a flight to an aerodrome within a control zone if
the information which it is reasonably practicable for the PIC to obtain indicates that he will
arrive at that aerodrome when the ground visibility is less than eight kilometres or the cloud
ceiling is less than 1,500 feet, unless the PIC has obtained from an air traffic control unit at
that aerodrome permission to enter the aerodrome traffic zone.

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(4) When weather conditions likely to affect the safety of other aircraft are encountered,
they should be reported as soon as possible.
97. Weather limitations for visual flight rules flights
A person shall not commence a flight to be conducted in accordance with visual flight
rules (VFR) unless available current meteorological reports, or a combination of current
reports and forecasts, indicate that the meteorological conditions along the route, or that
part of the route to be flown under VFR, shall, at the appropriate time, allow VFR operations.
98. Adequacy of operating facilities
(1) An operator shall ensure that a flight will not be commenced unless it has been
ascertained by every reasonable means available that the ground or water facilities available
and directly required on such flight, for the safe operation of the aeroplane and the protection
of the passengers, are adequate for the type of operation under which the flight is to be
conducted and are adequately operated for this purpose.
(2) In this regulation "reasonable” means in these Regulations is intended to denote
the use, at the point of departure, of information available to the operator either through
official information published by the aeronautical information services or readily obtainable
from other sources.
(3) An operator shall ensure that any inadequacy of facilities observed in the course of
operations is reported to the authority responsible for them, without undue delay.
(4) Subject to their published conditions of use, aerodromes and their facilities shall be
kept continuously available for flight operations during their published hours of operations,
irrespective of weather conditions.
(5) An operator shall, as part of its safety management system, assess the level of
rescue and fire fighting service (RFFS) protection available at any aerodrome intended to be
specified in the operational flight plan in order to ensure that an acceptable level of protection
is available for the aeroplane intended to be used.
(6) Information related to the level of RFFS protection that is deemed acceptable by the
operator shall be contained in the operations manual.
99. Fuel and oil for VFR operations
The Operator shall in the case of VFR operations, ensure that the fuel and oil carried is
at least the amount sufficient to allow the helicopter—
(a) to fly to the heliport to which the flight is planned;
(b) to fly thereafter for a period of 20 minutes at best-range speed; and
(c) to have an additional amount of fuel, sufficient to provide for the increased
consumption on the occurrence of any of the potential contingencies specified
by the operator to the satisfaction of the State of the Operator.
100. Diversions decision: engine inoperative
(1) Except as provided in subregulation (2) of this regulation, a pilot-in-command shall
land the aircraft at the nearest suitable aerodrome at which a safe landing can be made
whenever an engine of an aircraft fails or is shut down to prevent possible damage.
(2) Where not more than one engine of an aeroplane having three or more engines
fails, and its rotation stops, the pilot in command may proceed to an aerodrome if the pilot
in command decides that proceeding to that aerodrome is as safe as landing at the nearest
suitable aerodrome after considering the—
(a) nature of the malfunction and the possible mechanical difficulties that may
occur if the flight is continued;
(b) altitude, mass, and usable fuel at the time of engine stoppage;
(c) weather conditions en route and at possible landing points;
(d) air traffic congestion;

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(e) kind of terrain; and


(f) familiarity with the aerodrome to be used.
101. Instrument flight rules destination aerodromes
A person shall not commence an instrument flight rules flight unless the available
information indicates that the weather conditions at the aerodrome of intended landing and,
if required, at least one suitable alternate at the estimated time of arrival, shall be at or above
the—
(a) minimum ceiling and visibility values for the standard instrument approach
procedure to be used; or
(b) minimum operating altitude, if no instrument approach procedure is to be
used, that would allow a visual meteorological conditions descent to the
aerodrome.
102. Instrument flight rules alternate aerodrome selection criteria
(1) Where alternate minimums are published, a pilot-in-command (PIC) shall not
designate an alternate aerodrome in an instrument flight rules (IFR) flight plan unless the
current available forecast indicates that the meteorological conditions at that alternate at the
estimated time of arrival shall be at or above those published alternate minimums.
(2) Where alternate minimums are not published, and if there is no prohibition against
using the aerodrome as an IFR planning alternate, a PIC shall ensure that the meteorological
conditions at that alternate at the estimated time of arrival shall be at or above—
(a) for a precision approach procedure, a ceiling of at least 600 ft and visibility
of not less than 3 km; or
(b) for a non-precision approach procedure, a ceiling of at least 800 ft and visibility
of not less than 3 km.
(3) A flight to be conducted in accordance with IFR to a heliport when no alternate
heliport is required shall not be commenced unless available current meteorological
information indicates that the following meteorological conditions—
(a) a cloud base of at least 120 m (400 ft) above the minimum associated with
the instrument approach procedure; and
(b) visibility of at least 1.5 km more than the minimum associated with the
procedure;
will exist from two hours before to two hours after the estimated time of arrival,
or from the actual time of departure to two hours after the estimated time of
arrival, whichever is the shorter period.
(4) A flight to be conducted in accordance with IFR shall not be commenced unless
the available information indicates that conditions, at the heliport of intended landing and at
least one alternate heliport will, at the estimated time of arrival, be at or above the heliport
operating minima.
103. Off-shore alternates for helicopter operations
(1) A person shall not designate an offshore alternate landing site when it is possible to
carry enough fuel to have an on-shore alternate landing site.
(2) The selection of offshore alternates shall be exceptional cases, the details of
which have been approved by the Authority, and shall not include payload enhancement in
instrument meteorological conditions.
(3) A person selecting an off-shore alternate landing site shall consider the following—
(a) until the point of no return, using an on-shore alternate;
(b) the offshore alternate may be used only after a point of no return;
(c) attaining one engine inoperative performance capability prior to arrival at the
alternate;

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(d) guaranteeing helpdesk availability;


(e) the weather information at the helpdesk shall be available from a source
approved by the Authority; and
(f) for instrument flight rules operations, an instrument approach procedure shall
be prescribed and available.
(4) The landing technique specified in the flight manual following control system failure
may preclude the selection of certain helpdesk as alternate aerodromes.
(5) The mechanical reliability of critical control systems shall be taken into account when
determining the suitability and necessity for an offshore alternate.
104. Take-off alternate aerodromes: commercial air transport operations
(1) A person shall not release or take-off an aircraft without a suitable take-off alternate
specified in the flight release if it would not be possible to return to the aerodrome of
departure.
(2) An operator shall ensure that each take-off alternate specified shall be located within

(a) for two-engine aircraft, one hour flight time at single-engine cruise speed
unless the aircraft and crews are authorised for extended twin-engine
operations (ETOPS); or
(b) for three or four-engine aircraft, two hours flight time at single-engine
inoperative cruising speed.
(3) All calculations referred under this regulation shall be based on the one-engine-
inoperative cruising speed according to the aeroplane flight manual in still air conditions
based on the actual take-off mass.
105. Destination alternate heliport
(1) For a helicopter flight to be conducted in accordance with IFR, at least one destination
alternate shall be specified in the operational flight plan and the flight plan, unless—
(a) the duration of the flight and the meteorological conditions prevailing are such
that there is reasonable certainty that, at the estimated time of arrival at the
heliport of intended landing, and for a reasonable period before and after such
time, the approach and landing may be made under visual meteorological
conditions as prescribed by the Authority; or
(b) the heliport of intended landing is isolated and no suitable alternate is
available and a point of no return (PNR) has been determined.
(2) For a heliport to be selected as a destination alternate, the available information
shall indicate that, at the estimated time of use, the conditions will be at or above the heliport
operating minima for that operation.
106. Maximum distance from an adequate aerodrome for two-engined
aeroplanes without an ETOPS approval
(1) Unless specifically granted an extended twin-engine operations (ETOPS) approval
by the Authority, an air operator certificate (AOC) holder shall not operate a two-engined
aeroplane over a route which contains a point further from an adequate aerodrome than,
in the case of—
(a) large, turbine engine powered aeroplanes the distance flown in sixty minutes
at the one-engine-inoperative cruise speed determined in accordance with
subregulation (2) with either—
(i) a maximum approved passenger seating configuration of twenty or
more; or
(ii) a maximum take-off mass of 45,360 kg or more;
(b) reciprocating engine powered aeroplanes—

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(i) the distance flown in 120 minutes at the one-engine – inoperative


cruise speed determined in accordance with subregulation (2); or
(ii) three hundred nautical miles, whichever is less.
(2) An AOC holder shall determine a speed for the calculation of the maximum distance
to an adequate aerodrome for each two-engined aeroplane type or variant operated, not
exceeding Vmo based upon the true airspeed that the aeroplane can maintain with one-
engine-inoperative under the following conditions—
(a) International Standard Atmosphere;
(b) level flight:
(i) for turbine engined powered aeroplanes at—
(ii) for propeller driven aeroplanes—
(iii) maximum continuous thrust or power on the remaining operating
engine;
(iv) an aeroplane mass not less than that resulting from:
(3) An AOC holder shall ensure that the following data, specific to each type or variant,
is included in the Operations Manual—
(a) the one-engine-inoperative cruise speed determined in accordance with
subregulation (2); and
(b) the maximum distance from an adequate aerodrome determined in
accordance with subregulations (1) and (2).
(4) The speeds and altitudes specified in this regulation shall only be used for
establishing the maximum distance from an adequate aerodrome.
107. Extended range operation with two-engined aeroplanes
(1) An AOC holder shall not conduct operations beyond the threshold distance
determined in accordance with regulation 98, unless approved to do so by the Authority.
(2) Prior to conducting an extended twin-engine operations (ETOPS) flight, an AOC
holder shall ensure that a suitable ETOPS en route alternate is available, within either the
approved diversion time or a diversion time based on minimum equipment list generated
serviceability status of the aeroplane, whichever is shorter.
108. En-route alternate aerodromes: ETOPS operations
(1) A pilot-in-command shall ensure that the required en route alternates for extended
twin-engine operations (ETOPS) are selected and specified in air traffic control flight plans
in accordance with the ETOPS diversion time approved by the Authority.
(2) A person shall not select an aerodrome as an ETOPS en-route alternate aerodrome
unless the appropriate weather reports or forecasts, or any combination thereof, indicate
that during a period commencing one hour before and ending one hour after the expected
time of arrival at the aerodrome, the weather conditions shall be at or above the planning
minima prescribed in Table 1 below and in accordance with the operator's ETOPS approval.
TABLE 1 — WEATHER CONDITIONS PLANNING MINIMA
Type of Approach Planning Minima
(RVR or visibility required &
ceiling, if applicable)
Aerodrome with
at least 2 separate approach at least 2 separate approach
procedures based on 2 procedures based on 2
separate aids serving 2 separate aids serving 1
separate runaways (See sub- runaway
regulations (4) above)
or

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at least 1 approach
procedure based on 1 aid
serving 1 runaway
Precision Approach Cat II, III Precision Approach Cat 1 Non-Precision Approach
(ILS, ML, SI) Minima Minima
Precision Approach Cat 1 Non-Precision Approach Circling minima or, if not
(ILS, MLS) Minima available non-precision
approach minima plus 200 ft
per 1000m
Non-Precision Approach The lower of non-precision The higher of non-precision
approach minima plus 200 ft approach minima plus 200 ft
per 1000 m or circling minima per 1000 m or circling minima
Circling Approach Circling minima
(3) The forecast weather criteria used in the selection of alternate aerodromes for
instrument flight rules flight shall also be used for the selection of ETOPS alternates.
(4) Runways on the same aerodrome are considered to be separate runways when—
(a) they are separate landing surfaces which may overlay or cross such that if one
of the runways is blocked, it will not prevent the planned type of operations
on the other runway; and
(b) each of the landing surfaces has a separate approach based on a separate
aid.
109. Fuel and oil supply or records
(1) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil
including any reserve carried for contingencies to ensure that it can safely complete the flight
taking into account both the meteorological conditions and any delays that are expected in
flight.
(2) A person computing the fuel and oil required in subregulation (1) shall consider at
least the following—
(a) meteorological conditions forecast;
(b) expected air traffic control routings and traffic delays;
(c) for instrument flight rules (IFR) flight, one instrument approach at the
destination aerodrome, including a missed approach.
(3) The fuel and oil carried in order to comply with provisions of this regulation shall, in
the case of VFR operations, be at least the amount sufficient to allow the helicopter—
(a) to fly to the heliport to which the flight is planned;
(b) to fly thereafter for a period of 20 minutes at best-range speed; and
(c) to have an additional amount of fuel, sufficient to provide for the increased
consumption on the occurrence of any of the potential contingencies specified
by the operator to the satisfaction of the State of the Operator.
(4) The fuel and oil carried in order to comply with this regulation shall, in the case of
IFR operations, be at least the amount sufficient to allow the helicopter—
(a) when an alternate is not required, in terms of these regulations, to fly to the
heliport to which the flight is planned, and thereafter—
(i) to fly 30 minutes at holding speed at 450 m (1, 500 ft) above
the destination heliport under standard temperature conditions and
approach and land; and
(ii) to have an additional amount of fuel, sufficient to provide for the
increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State
of the Operator;

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(b) when an alternate is required, to fly to and execute an approach, and a missed
approach, at the heliport to which the flight is planned, and thereafter—
(i) to fly to the alternate specified in the flight plan; and
(ii) to fly for 30 minutes at holding speed at 450 m (1, 500 ft) above the
alternate under standard temperature conditions, and approach and
land; and
(iii) to have an additional amount of fuel, sufficient to provide for the
increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State
of the Operator.
(5) When no suitable alternate is available, in terms of these regulations, sufficient fuel
shall be carried to enable the helicopter to fly to the destination to which the flight is planned
and thereafter for a period that will, based on geographic and environmental considerations,
enable a safe landing to be made.
110. Flight planning: document distribution and retention
(1) A pilot-in-command (PIC) operating commercial air transport shall complete and sign
the following flight preparation documents prior to commencement of the flight—
(a) an operational flight plan, including Notice to Airmen (NOTAMs) and weather
pertinent to the flight planning decisions regarding minimum fuel supply, en
route performance, and destination and alternate aerodromes;
(b) a load manifest, showing the distribution of the load, centre of gravity, take-off
and landing mass and compliance with maximum operating mass limitations,
and performance analysis; and
(c) an applicable technical log page, to accept that the aircraft is fit for the
intended flight after the pre-flight inspection has been conducted;
(d) an operational flight plan, including NOTAMs and weather pertinent to
the flight planning decisions regarding minimum fuel supply, en route
performance, and destination and alternate aerodromes;
(e) a load manifest, showing the distribution of the load, centre of gravity, take-off
and landing mass and compliance with maximum operating mass limitations,
and performance analysis; and
(f) an applicable technical log page, to accept that the aircraft is fit for the
intended flight after the pre-flight inspection has been conducted.
(2) A person shall not commence a flight in commercial air transport unless all flight
release documents, specified in the Operations Manual and signed by the PIC, are retained
and available at the point of departure.
(3) A PIC shall carry a copy of the documents specified in subregulation (1) on the
aircraft.
(4) In-flight operational instructions involving a change in the Air Traffic Services flight
plan shall, when practicable, be co-ordinated with the appropriate Air Traffic Services unit
before transmission to the aeroplane.
(5) Where the coordination under subregulation (4) is not possible, operational
instructions shall not relieve a pilot of the responsibility for obtaining an appropriate
clearance from an Air Traffic Services unit before making a change in flight plan.
(6) An operator shall specify flight planning procedures to provide for the safe conduct of
the flight based on considerations of aeroplane performance, other operating limitations and
relevant expected conditions on the route to be followed and at the aerodromes concerned
and these procedures shall be included in the operations manual.
(7) A flight, or series of flights, shall not be commenced until flight preparation forms
have been completed certifying that the pilot-in-command is satisfied that—
(a) the helicopter is airworthy;

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(b) the instruments and equipment for the particular type of operation to be
undertaken, are installed and are sufficient for the flight;
(c) a maintenance release has been issued in respect of the helicopter;
(d) the mass of the helicopter and centre of gravity location are such that the flight
can be conducted safely, taking into account the flight conditions expected;
(e) any load carried is properly distributed and safely secured;
(f) a check has been completed indicating that the operating limitations can be
complied with for the flight to be undertaken; and
(g) the regulation relating to operational flight planning have been complied with.
(8) Completed flight preparation forms shall be kept by an operator for a period of three
months.
111. Piston-engined aeroplanes
The fuel and oil carried in order to comply with regulation 109 shall, in the case of piston-
engined aeroplanes, be at least the amount sufficient to allow the aeroplane—
(a) When a destination alternate aerodrome is required, either—
(i) to fly to the aerodrome to which the flight is planned thence to the most
critical (in terms of fuel consumption) alternate aerodrome specified
in the operational and ATS flight plans and thereafter for a period of
45 minutes; or
(ii) to fly to the alternate aerodrome via any predetermined point and
thereafter for 45 minutes, provided that this shall not be less than the
amount required to fly to the aerodrome to which the flight is planned
and thereafter for—
(b) When a destination alternate aerodrome is not required—
(i) in terms of these regulations to fly to the aerodrome to which the flight
is planned and thereafter for a period of 45 minutes; or
(ii) in terms of these regulations to fly to the aerodrome to which the flight
is planned and thereafter for—
112. Commercial air transport: loading of aircraft
(1) An air operator certificate (AOC) holder shall not cause or permit an aircraft to be
loaded for a flight for the purpose of commercial air transport except under the supervision
of a person who the AOC holder has caused to be furnished with written instructions as to
the distribution and securing of the load so as to ensure that—
(a) the load may safely be carried on the flight; and
(b) any condition subject to which the certificate of airworthiness in force in
respect of the aircraft was issued or rendered valid, being conditions relating
to the loading of the aircraft are complied with.
(2) The instructions shall indicate the mass of the aircraft prepared for service, that is,
the aggregate of the basic mass and the mass of such additional items in or on the aircraft
as the operator thinks fit to include, and the instructions shall indicate the additional items
included in the mass of the aircraft prepared for service, and shall show the position of the
centre of gravity of the aircraft at that mass.
(3) The provisions of subregulation (2) shall not apply in relation to a flight if—
(a) the aircraft's authorized maximum take-off mass does not exceed 1,150 kg; or
(b) the aircraft's authorized maximum take-off mass does not exceed 2,730 kg
and the flight is not intended to exceed sixty minutes in duration and is either
a flight—
(i) solely for training persons to perform duties in an aircraft; or
(ii) intended to begin and end at the same aerodrome.

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(4) An operator of an aircraft shall not cause or permit the aircraft to be loaded in
contravention of the instructions set out in subregulation (1).
(5) A person supervising the loading of the aircraft shall, before the commencement
of a flight—
(a) prepare and sign a load sheet in duplicate conforming to the requirements
specified in subregulation (7); and
(b) unless the operator is the pilot-in-command (PIC) of the aircraft, submit the
load sheet for examination by the PIC of the aircraft who shall, upon being
satisfied that the aircraft is loaded in the manner required by subregulation
(1), sign his name thereon.
(6) The requirements of subregulation (5) shall not apply where—
(a) the load and the distributing and securing thereof upon the next intended flight
are to be unchanged from the previous flight and the PIC of the aircraft makes
and signs an endorsement to that effect upon the load sheet for the previous
flight, indicating the date of the endorsement, the place of departure upon the
next intended flight and the next intended destination; or
(b) as set out in subregulation (3), subregulation (2) does not apply in relation
to the flight.
(7) A pilot operating an aircraft shall ensure that one copy of the load sheet shall be
carried in the aircraft when so required by these Regulations, until the flights to which the load
sheet relates have been completed, and one copy of that load sheet and of the instruction
referred to in this regulation shall be preserved by the operator until the expiration of a period
of six months thereafter, and shall not be carried in the aircraft.
(8) A load sheet required under subregulation (5) shall contain the following information

(a) the nationality and registration marks of the aircraft to which the load sheet
relates; particulars of the flight to which the load sheet relates;
(b) particulars of the flight to which the load sheet relates;
(c) the total mass of the aircraft as loaded for the flight;
(d) the mass of the several items from which the total mass of the aircraft, as
so loaded, has been calculated including in particular the mass of the aircraft
prepared for service and the respective total mass of the passengers, crew,
baggage and cargo intended to be carried on the flight;
(e) the manner in which the load is distributed and the resulting position of the
centre of gravity of the aircraft which may be given approximately if and to the
extent that the relevant certificate of airworthiness so permits; and
(f) at the foot or end of the load sheet, a certificate signed by the person
referenced in subregulation (1) as responsible for the loading of the aircraft,
stating that the aircraft has been loaded in accordance with the written
instructions furnished to him by the operator of the aircraft pursuant to that
subregulation.
(9) For the purpose of calculating the total mass of the aircraft, the respective total mass
of the passengers and crew entered in the load sheet shall be computed from the actual
mass of each person, and for that purpose each person shall be separately weighed unless
subregulations (10), (11) and (13) applies.
(10) When determining the actual mass by weighing, an operator must ensure that
passengers' personal belongings and hand baggage are included and such weighing must
be conducted immediately prior to boarding and at an adjacent location.
(11) An Operator shall compute the mass of passengers and checked baggage using
the standard mass values specified in Tables 2 and 3 below except where the number of
passenger seats available is less than 10.

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(12) The standard masses values include hand baggage and the mass of any infant
below 2 years of age carried by an adult on one passenger seat and Infants occupying
separate passenger seats must be considered as children for the purpose of this regulation.
(13) In cases where the number of passenger seats available is less than 10, passenger
mass may be established by use of a verbal statement by or on behalf of each passenger
and adding to it a predetermined constant to account for hand baggage and clothing.
(14) The procedure specifying when to select actual or standard masses and the
procedure to be followed when using verbal statements must be included in the Operations
Manual.
(15) On flights where no hand baggage is carried in the cabin or where hand baggage
is accounted for separately, 6 kg may be deducted from the male and female masses in
Table 1 below and articles such as an overcoat, an umbrella, a small handbag or purse,
reading material or a small camera are not considered as hand baggage for the purpose
of this regulation.
TABLE 2 — COMPUTATION OF MASS OF PASSENGERS
Passenger 1–5 6–9 10–19 20 and more 30 or more
seats
Male 104 96 92 88 84
Female 86 78 74 70 84
Children 35 35 35 35 35
(16) Where the total number of passenger seats available on the aircraft is 20 or more
the standard mass values given in Table 3 are applicable for each piece of checked baggage
and for aircraft with less than 20 passenger seats the actual mass of checked baggage,
determined by weighing, must be used.
TABLE 3–COMPUTATION OF MASS OF BAGGAGE
Type of flight Baggage standard mass
Domestic 11kgs
Regional 13kgs
Intercontinental 15kgs
All others 13kgs
(17) Where subregulations (10), (11) and (13) is applied, the load sheet shall bear a
notation to that effect.
(18) Where subregulations (10), (11) and (13) may apply, the PIC shall, if the standard
masses described in subregulation (10) appear to be inapplicable or doing so is in the
interests of safety of the aircraft, require any or all of the passengers, crew and cargo to
actually be weighed for the purpose of the entry to be made in the load sheet.
113. Turbine-engined aeroplanes
The fuel and oil carried in order to comply with regulation 101 shall, in the case of turbine-
engined aeroplanes, be at least the amount sufficient to allow the aeroplane—
(a) when a destination alternate aerodrome is required, either—
(i) to fly to and execute an approach, and a missed approach, at the
aerodrome to which the flight is planned, and thereafter;
(ii) to fly to the alternate aerodrome specified in the operational and ATS
flight plans; and then
(iii) to fly for 30 minutes at holding speed at 450 m (1,500 ft) above
the alternate aerodrome under standard temperature conditions, and
approach and land; and
(iv) to have an additional amount of fuel sufficient to provide for the
increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State
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(b) to fly to the alternate aerodrome via any predetermined point and thereafter for
30 minutes at 450 m (1,500 ft) above the alternate aerodrome, due provision
having been made for an additional amount of fuel sufficient to provide
for the increased consumption on the occurrence of any of the potential
contingencies specified by the operator to the satisfaction of the State of the
Operator; provided that fuel shall not be less than the amount of fuel required
to fly to the aerodrome to which the flight is planned and thereafter for two
hours at normal cruise consumption.
114. Aircraft loading, mass and balance
A person shall not operate an aircraft unless—
(a) all loads carried are properly distributed and safely secured and comply with
the aircraft limitations; and
(b) the calculations for the mass of the aeroplane and centre of gravity location
indicate that the flight can be conducted safely, taking into account the flight
conditions expected.
115. Stowage of baggage and cargo
(1) An operator shall establish procedures to ensure that only such hand baggage is
taken into the passenger cabin as can be adequately and securely stowed.
(2) An operator shall establish procedures to ensure that all baggage and cargo on
board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed
in storages designed to prevent its movement.
(3) The procedure referred to in subregulation (2) shall take account of the following—
(a) each item carried in cabin shall be stowed only in a location that is capable
of restraining it;
(b) mass limitations placarded on or adjacent to stowages shall not be exceeded;
(c) underseat stowages shall not be used unless the seat is equipped with a
restraint bar and the baggage is of such size that it may adequately be
restrained by this equipment;
(d) items shall not be stowed in toilets or against bulkheads that are incapable
of restraining articles against movement forwards, sideways or upwards and
unless the bulkheads carry a placard specifying the greatest mass that may
be placed there;
(e) baggage and cargo placed in lockers shall not be of such size that they
prevent latched doors from being closed securely;
(f) baggage and cargo shall not be placed where it can impede access to
emergency equipment; and
(g) checks shall be made before take-off, before landing and whenever the fasten
seat belts signs are illuminated or it is otherwise so ordered to ensure that
baggage is stowed where it cannot impede evacuation from the aircraft or
cause injury by falling or other movement, as may be appropriate to the phase
of flight.
116. Maximum allowable weights to be considered on all load manifests
A pilot-in-command shall ensure that the maximum allowable mass for a flight does not
exceed the maximum allowable take-off mass—
(a) for the specific runway and conditions existing at the take- off time; and
(b) considering anticipated fuel and oil consumption that allows compliance
with applicable en route performance, landing mass, and landing distance
limitations for destination and alternate aerodromes.
117. Flight release required: commercial air transport

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A person shall not commence a—


(a) flight under a flight following system without specific authority from the person
authorised by the air operator certificate (AOC) holder to exercise operational
control over the flight; or
(b) passenger carrying flight in commercial air transport for which there is a
published schedule, unless a qualified person authorised by the AOC holder
to perform operational control functions has issued a flight release for that
specific operation or series of operations.
118. Operational flight plan: commercial air transport
(1) A person shall not commence a flight unless the operational flight plan has been
signed by the pilot-in-command (PIC).
(2) A PIC shall sign the operational flight plan only when he and the person authorised
by the operator to exercise operational control have determined that the flight can be safely
completed.
(3) The operational flight plan shall include the routing and fuel calculations, with respect
to the meteorological and other factors expected, to complete the flight to the destination
and all required alternates.
(4) A PIC signing the operational flight plan shall have access to the applicable flight
planning information for fuel supply, alternate aerodromes, weather reports and forecasts
and Notice to Airmen (NOTAMs) for the routing and destination aerodrome.
(5) A person shall not continue a flight from an intermediate aerodrome without a new
operational flight plan if the aircraft has been on the ground more than six hours.
(6) The operator shall issue operating instructions and provide information on helicopter
climb performance with all engines operating to enable the pilot-in-command to determine
the climb gradient that can be achieved during the take-off and initial climb phase for the
existing take-off conditions and intended take-off technique and this information shall be
based on the helicopter manufacturer's or other data, acceptable to the State of the Operator,
and shall be included in the operations manual.
PART VII – AIRCRAFT OPERATING AND PERFORMANCE LIMITATIONS
All Aircraft
119. Aircraft airworthiness and safety precautions
(1) A pilot-in-command (PIC) shall not operate an aircraft until satisfied that—
(a) the aircraft is airworthy, duly registered and that appropriate certificates are
aboard the aircraft;
(b) the instruments and equipment installed in the aircraft are appropriate, taking
into account the expected flight conditions; and
(c) any necessary maintenance has been performed and a certificate of release
to service, if applicable, has been issued with respect to the aircraft.
(2) A PIC carrying out commercial air transport operations shall certify by signing the
aircraft technical log that they are satisfied that the requirements of subregulation (1) have
been met for a particular flight.
120. Performance and operating limitations
(1) A person shall not operate an aircraft that—
(a) exceeds its designed performance limitations for any operation, as
established by the State of Registry; or
(b) exceeds operating limitations contained in the Aeroplane Flight Manual, the
Rotorcraft Flight Manual, or its equivalent.
(2) A person shall not conduct International general aviation operations unless the—
(a) aeroplanes has a maximum certificated take-off mass exceeding 5 700 kg; or

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(b) aeroplanes equipped with one or more turbojet engines.


(3) An operation involving an aeroplane with a seating configuration of more than 9
passenger seats should be conducted in accordance with the provision of these regulations.
121. In-flight simulation of abnormal situations
A person operating an aircraft shall not simulate an abnormal or emergency situation
when passengers or cargo are being carried on the aircraft.
122. Test-flight areas
A person shall not operate an aircraft during a test-flight except over open water, or
sparsely populated areas having light traffic.
123. Operation in RNP, MNPS or RVSM airspace
(1) A person shall not operate an aircraft in defined portions of airspace or on routes
where an required navigation performance, (RNP) type has been prescribed, unless—
(a) the aircraft is provided with navigation equipment which will enable it to
operate in accordance with the prescribed RNP type(s); and
(b) he is authorized by the State of the Registry for operations in such airspace.
(2) A person shall not operate an aircraft in defined portions of airspace where, based
on Regional Air Navigation Agreement, minimum navigation performance specifications
(MNPS) are prescribed, without a written authorisation issued by the State of the Operator
for MNPS operations.
(3) For flights in defined portions of airspace where, minimum navigation performance
specifications (MNPS) are prescribed, an aircraft shall be provided with navigation
equipment which—
(a) continuously provides indications to the flight crew of adherence to or
departure from track to the required degree of accuracy at any point along
that track; and
(b) has been authorized by the State of the Operator for MNPS operations
concerned.
(4) A person shall not operate an aircraft in defined portions of airspace where, based on
Regional Air Navigation Agreement, a reduced vertical separation minimum (RVSM) of 300
m (1, 000 ft) is applied between Flight Level 290 and Flight Level 410 inclusive, unless—
(a) authorized by the State of the Operator in the airspace concerned; and
(b) the aircraft is provided with equipment which is capable of—
(i) indicating to the flight crew the flight level being flown;
(ii) automatically maintaining a selected flight level;
(iii) providing an alert to the flight crew when a deviation occurs from the
selected flight level and the threshold for the alert shall not exceed ±
90 m (300 ft); and
(iv) automatically reporting pressure-altitude.
(5) Prior to granting the reduced vertical separation minimum (RVSM) approval required
in subregulation (4), the State of the Operator shall be satisfied that—
(a) the vertical navigation performance capability of the aircraft satisfies the
requirements of the altimetry system performance for operations in RVSM
airspace as prescribed by the Authority;
(b) the operator has instituted appropriate procedures in respect of continued
airworthiness (maintenance and repair) practices and programmes; and
(c) the operator has instituted appropriate flight crew procedures for operations
in RVSM airspace.
124. Reports of height- keeping performance

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(1) The State of Registry that has issued an RVSM approval to an owner or operator shall
establish a requirement which ensures that a minimum of two aeroplanes of each aircraft
type grouping of the owner or operator have their height-keeping performance monitored, at
least once every two years or within intervals of 1 000 flight hours per aeroplane, whichever
period is longer.
(2) If an owner or operator aircraft type grouping consists of a single aeroplane,
monitoring of that aeroplane shall be accomplished within the specified period.
125. Electronic navigation data management
(1) An operator shall not employ electronic navigation data products that have been
processed for application in the air and on the ground unless the State of the Operator
has approved the operator's procedures or unless the process applied and the products
delivered meets acceptable standards of integrity and such products are compatible with
the equipment to which they are intended to be used.
(2) The State of the Operator shall ensure that the operator continues to monitor both
process and products.
(3) An operator shall implement procedures that ensure timely distribution and insertion
of current and unaltered electronic navigation data to all aircraft that requires it.
126. Compliance with visual and electronic glide slopes
(1) A pilot-in-command (PIC) of an aircraft approaching to land on a runway served
by a visual approach slope indicator or precision approach path indicator shall maintain an
altitude at or above the glide slope until a lower altitude is necessary for a safe landing.
(2) A PIC of a turbojet, turbofan, or large aircraft approaching to land on a runway served
by an instrument landing system shall fly that aircraft at or above the glide slope from the
point of interception of the glide slope to the decision height.
127. Restriction or suspension of operations: commercial air transport
Where a pilot-in-command (PIC) or an air operator certificate (AOC) holder knows of
conditions, including aerodrome and runway conditions, that are a hazard to safe operations,
that PIC or AOC holder shall restrict or suspend all commercial air transport operations to
such aerodromes and runways as necessary until those conditions are corrected or have
improved.
128. Continuation of flight when destination aerodrome is temporarily
restricted: commercial air transport
A pilot-in-command (PIC) shall not allow a flight to continue toward any aerodrome
of intended landing where commercial air transport operations have been restricted or
suspended, unless—
(a) in the opinion of the PIC, the conditions that are a hazard to safe operations
may reasonably be expected to be corrected or have improved by the
estimated time of arrival; or
(b) there is no safer procedure.
129. Continuation of instrument flight rules flight toward a destination
A pilot shall not continue an instrument flight rules flight toward an aerodrome or heliport
of intended landing, unless the latest available meteorological information indicates that the
conditions at that aerodrome, or at least one destination alternate aerodrome shall, at the
expected time of arrival, be at or above the specified instrument approach minima.
130. Operations of single-engine aircraft
(1) An operator shall ensure that a single-engine aircraft other than turbine-powered, is
operated only in conditions of weather and light, and over such routes and diversions there
from, that permit a safe forced landing to be executed in the event of engine failure.
(2) In complying with subregulation (1) of this regulation—

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(a) the aircraft shall not be assumed to be flying, with the engine operating within
the maximum continuous power condition specified, at an altitude exceeding
that which the rate of climb equals 300 feet per minute; and
(b) the assumed en-route gradient shall be the gross gradient of descent
increased by gradient of 0.5%.
131. Operations of single-engine turbine-powered aircraft at night or in
instrument meteorological conditions
(1) A person shall not operate a single-engine turbine-powered aircraft at night or in
instrument meteorological conditions (IMC) unless he ensures that—
(a) the reliability of the turbine engine is to a level of safety intended by these
Regulations and the Civil Aviation (Airworthiness) Regulations, 2013;
(b) the maintenance procedures, operating practices, flight dispatch procedures
and crew training programmes are as intended by these Regulations and the
Civil Aviation (Airworthiness) Regulations, 2013; and
(c) equipment and other requirements for Instrument flight rules operations are
as stipulated in the Civil Aviation (Instruments and Equipment) Regulations,
2013.
(2) All single-engine turbine-powered aircraft operated at night or in IMC shall have
an engine trend monitoring system, and those aircraft for which the individual certificate of
st
airworthiness is first issued on or after the 1 January 2009 shall have an automatic trend
monitoring system.
132. Instrument flight rules take-off minima for commercial air transport
Unless otherwise authorised by the Authority, no pilot operating an aircraft in commercial
air transport operations shall accept a clearance to take-off from an aerodrome under
Instrument flight rules unless weather conditions are at or above—
(a) for aircraft, other than helicopters, having two engines or less: one thousand
five hundred metres;
(b) for aircraft having more than two engines: eight hundred metres; or
(c) for helicopters: eight hundred metres.
133. Instrument approach procedures and instrument flight rules landing
minima
(1) A person shall not make an instrument approach at an airport except in accordance
with Instrument flight rules weather minima and instrument approach procedures set out in
the AOC holder's operations specifications.
(2) One or more instrument approach procedures designed in accordance with
the classification of instrument approach and landing operations shall be approved and
promulgated by the Authority in which the aerodrome is located to serve each instrument
runway or aerodrome utilized for instrument flight operations.
(3) All aeroplanes operated in accordance with instrument flight rules shall comply with
the instrument flight procedures approved by the Authority in which the aerodrome is located.
134. Commencing an instrument approach
(1) A pilot shall not continue an approach past the final approach fix, or where a final
approach fix is not used, begin the final approach segment of an instrument approach
procedure, at any aerodrome unless—
(a) a source approved by the Authority issues a weather report for that
aerodrome; and
(b) the latest weather report for that aerodrome indicates the visibility to be equal
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(c) for instrument approach and landing operations, 800 m visibility should not
be authorized unless RVR information is provided.
(2) Where a pilot begins the final approach segment of an instrument approach
procedure and subsequently receives a weather report indicating below minimum
conditions, the pilot may continue the approach to decision height or minimum descent
altitude.
(3) For the purpose of this regulation, the final approach segment begins at the final
approach fix or facility prescribed in the instrument approach procedure.
(4) When a final approach fix is not prescribed for a procedure that includes a procedure
turn, the final approach segment begins at the point where the procedure turn is completed
and the aircraft is established inbound toward the aerodrome on the final approach course
within the distance prescribed in the procedure.
(5) One or more instrument approach procedures to serve each final approach and
take-off area or heliport utilized for instrument flight operations shall be approved and
promulgated by the State in which the heliport is located, or by the State which is responsible
for the heliport when located outside the territory of any State.
135. Instrument approaches to aerodromes
(1) A person operating an aircraft shall use a standard instrument approach procedure
prescribed for that aerodrome unless otherwise authorised by the Authority.
(2) An operator shall include operating procedures for conducting instrument
approaches in the aircraft operating manual.
(3) For the purpose of this regulation, when the approach procedure being used provides
for and requires the use of a decision height or minimum descent altitude, the authorised
DH or MDA shall be the highest of the following—
(a) the DH or MDA prescribed by the approach procedure;
(b) the DH or MDA prescribed for the PIC; or
(c) the DH or MDA for which the aircraft is equipped.
136. Threshold crossing height for precision approaches
An operator shall establish operational procedures designed to ensure that aircraft being
used to conduct precision approaches crosses the threshold by a safe margin with the
aircraft in the landing configuration and altitude.
137. Operation below decision height or minimum descent altitude
(1) Where a decision height or minimum descent altitude is applicable, a pilot shall not
operate an aircraft at any aerodrome or heliport below the authorised minimum descent
altitude, or continue an approach below the authorised decision height unless—
(a) the aircraft is continuously in a position from which a descent to a landing on
the intended runway can be made at a normal rate of descent using normal
manoeuvres;
(b) for commercial air transport operations, a descent rate shall allow touchdown
to occur within the touchdown zone of the runway of intended landing;
(c) the flight visibility is not less than the visibility prescribed in the standard
instrument approach being used; and
(d) at least one of the following visual references for the intended runway is
distinctly visible and identifiable to the pilot—
(i) the approach light system, except that the pilot shall not descend
below 100 feet above the touchdown zone elevation using the
approach lights as a reference unless the red terminating bars or the
red side row bars are also distinctly visible and identifiable;
(ii) threshold or the threshold markings;
(iii) threshold lights;

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(iv) the runway end identifier lights;


(v) the visual approach slope indicator system; or precision approach path
indicator;
(vi) the touchdown zone or touchdown zone markings;
(vii) the touchdown zone lights;
(viii) the runway or runway markings; or
(ix) the runway lights.
(2) The visual references set out in subregulation (1)(d) shall not apply to Category II
and III operations.
(3) The required visual references under Category II and III operations shall be provided
in the AOC holder's operations specifications or a special authorisation prescribed by the
Authority.
138. Landing during instrument meteorological conditions
A pilot operating an aircraft shall not land that aircraft when the flight visibility is less
than the visibility prescribed by the Authority in the standard instrument approach procedure
being used.
139. Execution of a missed approach procedure
A pilot operating an aircraft shall immediately execute an appropriate missed approach
procedure when either of the following conditions exist—
(a) whenever the required visual reference criteria is not met in the following
situations—
(i) when the aircraft is being operated below minimum descent altitude
(MDA); or
(ii) upon arrival at the missed approach point, including a decision height
(DH) where a DH is specified and its use is required, and at any time
after that until touchdown; or
(b) whenever an identifiable part of the aerodrome is not distinctly visible to the
pilot during a circling manoeuvre at or above MDA, unless the inability to see
an identifiable part of the aerodrome results only from a normal bank of the
aircraft during the circling approach.
140. Minimum altitudes for use of an autopilot
(1) Except as provided in subregulations (2), (3) and (4), a person shall not use an
autopilot en route, including climb and descent, at an altitude above the terrain that is less
than twice the maximum altitude loss specified in the aircraft flight manual for malfunction
of the autopilot under cruise conditions, or less than 500 feet, whichever is higher.
(2) When using an instrument approach facility, a person shall not use an autopilot at an
altitude above the terrain that is less than twice the maximum altitude loss specified in the
aircraft flight manual for a malfunction of the autopilot under approach conditions, or less
than 50 feet below the approved minimum descent altitude or decision height for the facility,
whichever is higher, except—
(a) when reported weather conditions are less than the basic visual flight rules
(VFR) weather conditions as specified in the Civil Aviation (Rules of the Air)
Regulations, 2013, a person shall not use an autopilot with an approach
coupler for instrument landing system approaches at an altitude above the
terrain that is less than 50 feet higher than the maximum altitude loss specified
in the aircraft flight manual for the malfunction of the autopilot with approach
coupler under approach conditions; and
(b) when reported weather conditions are equal to or better than the basic VFR
minima as specified in the Civil Aviation (Rules of the Air ) Regulations,
2013, a person shall not use an autopilot with an approach coupler for

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instrument landing system approaches at an altitude above the terrain that


is less than the maximum altitude loss specified in the aircraft flight manual
for the malfunction of the autopilot with approach coupler under approach
conditions, or 50 feet, whichever is higher.
(3) Notwithstanding subregulation (1) or (2), the Authority shall issue operation
specifications to allow the use, to touchdown, of an approved flight control guidance system
with automatic capability, in any case in which—
(a) the system does not contain any altitude loss (above zero) specified in the
aircraft flight manual for malfunction of the autopilot with approach coupler;
and
(b) the Authority finds that the use of the system to touchdown will not otherwise
affect the safety standards required by this regulation.
(4) Notwithstanding subregulation (1), the Authority shall issue operation specifications
to allow the use of an approved autopilot system with automatic capability below the altitude
specified in subregulation (1) during the take-off and initial climb phase of flight provided—
(a) the aircraft flight manual specifies a minimum altitude engagement
certification restriction;
(b) the system is not engaged prior to the minimum engagement certification
restriction specified in the aircraft flight manual or an altitude specified by the
authority, whichever is higher; and
(c) the Authority finds that the use of the system will not otherwise affect the
safety standards required by this regulation.
(5) Unless otherwise specified in an air traffic control instruction, to avoid unnecessary
airborne collision avoidance system (ACAS II) resolution advisories in aircraft at or
approaching adjacent altitudes or flight levels, operators shall specify procedures by which
an aeroplane climbing or descending to an assigned altitude or flight level, especially with
an autopilot engaged, may do so at a rate less than 8 m/sec or 1 500 ft/min (depending on
the instrumentation available) throughout the last 300 m (1 000 ft) of climb or descent to
the assigned level when the pilot is made aware of another aircraft at or approaching an
adjacent altitude or flight level.
141. Minimum flight altitudes
(1) An operator shall be permitted to establish minimum flight altitudes for those routes
flown for which minimum flight altitudes have been established by the State flown over,
provided that minimum flight altitudes shall not be less than those established by that State.
(2) An operator shall specify the procedure intended to determine minimum flight
altitudes for operations conducted over routes for which minimum flight altitudes have not
been established by the State flown over and shall include this procedure in the operations
manual.
(3) The minimum flight altitudes determined in accordance with subregulation (2) shall
not be lower than specified in Civil Aviation (Rules of Air) Regulations, 2013.
(4) The operator shall submit to the Authority for approval such method only after careful
consideration of the probable effects of the following factors on the safety of the operation
in question—
(a) the accuracy and reliability with which the position of the aeroplane can be
determined;
(b) the inaccuracies in the indications of the altimeters used;
(c) the characteristics of the terrain (e.g. sudden changes in the elevation);
(d) the probability of encountering unfavourable meteorological conditions (e.g.
severe turbulence and descending air currents);
(e) possible inaccuracies in aeronautical charts; and
(f) airspace restrictions.

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142. Receiver failure


(1) Where an aircraft radio station is unable to establish communication due to receiver
failure, that aircraft shall transmit—
(a) reports at the scheduled times, or positions, on the frequency in use, preceded
by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE"; and
(b) the intended message, following this by a complete repetition, during this
procedure, the aircraft shall also advise the time of its next intended
transmission.
(2) An aircraft which is provided with air traffic control service or advisory service shall,
in addition to complying with subregulation (1), transmit information regarding the intention
of the pilot-in-command (PIC) with respect to the continuation of the flight of the aircraft.
(3) Where a PIC is unable to establish communication due to airborne equipment failure
he shall, when the aircraft is so equipped, select the appropriate secondary surveillance
radar (SSR) code 7600 to indicate radio failure.
143. Aircraft performance calculations for all aircrafts
(1) An operator shall ensure that the performance data contained in the Aeroplane
Flight Manual, Rotorcraft Flight Manual, or other authorised source is used to determine
compliance with the appropriate requirements of these Regulations.
(2) When applying performance data, a person performing calculations shall account
for the aircraft configuration, environmental conditions, and the operation of any system or
systems which may have an adverse effect on performance.
(3) A flight shall not be commenced unless the performance information provided in
the flight manual, supplemented as necessary with other data acceptable to the Authority,
indicates that the provisions of this regulation are complied with for the flight to be
undertaken.
(4) In applying the provisions of this regulation, account shall be taken of all factors that
significantly affect the performance of the aeroplane, including but not limited to—
(a) the mass of the aeroplane;
(b) the operating procedures;
(c) the pressure-altitude appropriate to the elevation of the aerodrome;
(d) the ambient temperature;
(e) the wind;
(f) the runway slope; and
(g) surface conditions of the runway such as presence of snow, slush, water, or
ice for landplanes, water surface condition for seaplanes.
(5) The factors under subregulation (4)shall be taken into account directly as operational
parameters or indirectly by means of allowances or margins, which may be provided in the
scheduling of performance data or in the comprehensive and detailed code of performance
in accordance with which the aeroplane is being operated.
144. General weight and obstruction clearance limitations
(1) A person shall not commence a flight without ensuring that the maximum take-off
mass for the flight does not exceed the maximum take-off mass or maximum landing mass,
or any applicable en route performance or landing distance limitations considering the—
(a) condition of the take-off and landing areas to be used;
(b) the gradient of runway to be used for land planes only;
(c) pressure altitude;
(d) ambient temperature;
(e) current and forecast winds; and

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(f) any known conditions, such as atmospheric and aircraft configuration, which
may adversely affect performance.
(2) A person shall not commence a flight at a mass that, assuming normal engine
operation, cannot safely clear all obstacles during all phases of flight, including all points
along the intended en- route path or any planned diversions.
145. Category II and III operations: general operating rules
(1) A person shall not operate an aircraft in a category II or III operations unless-
(a) the pilot-in-command and co-pilot of the aircraft hold the appropriate
authorisations and ratings prescribed in the Civil Aviation (Personnel
Licensing) Regulations, 2013;
(b) each flight crewmember has adequate knowledge of, and familiarity with, the
aircraft and the procedures to be used; and
(c) the instrument panel in front of the pilot who is controlling the aircraft has
appropriate instrumentation for the type of flight control guidance system that
is being used.
(2) Unless otherwise authorised by the Authority, a person shall not operate an aircraft
in a Category II or Category III operations unless each ground component required for that
operation and the related airborne equipment is installed and operating.
(3) Where the approach procedure being used provides for and requires the use of a
decision height or decision altitude, the authorised decision height or decision altitude is the
highest of the following—
(a) the decision height or decision altitude prescribed by the approach procedure;
(b) the decision height or decision altitude prescribed for the pilot in command; or
(c) the decision height or decision altitude for which the aircraft is equipped.
(4) Unless otherwise authorised by the Authority, a pilot operating an aircraft in a
Category II or Category III approach that provides and requires use of a decision height
or decision altitude shall not continue the approach below the authorised decision height
unless—
(a) the aircraft is in a position from which a descent to a landing on the intended
runway can be made at a normal rate of descent using normal manoeuvres,
and where that descent rate shall allow touchdown to occur within the
touchdown zone of the runway of intended landing;
(b) at least one of the following visual references for the intended runway is
distinctly visible and identifiable to the pilot—
(i) the approach light system, except that the pilot shall not descend
below 100 feet above the touchdown zone elevation using the
approach lights as a reference unless the red terminating bars or the
red side row bars are also distinctly visible and identifiable;
(ii) the threshold or the threshold markings;
(iii) the threshold lights;
(iv) the touchdown zone or touchdown zone markings;
(v) the touchdown zone lights.
(5) Unless otherwise authorised by the Authority, a pilot operating an aircraft shall
immediately execute an appropriate missed approach procedure whenever, prior to
touchdown, the requirements of subregulation (4)are not met.
(6) A person operating an aircraft using a Category III approach without decision
height shall not land that aircraft except in accordance with the provisions of the letter of
authorisation issued by the Authority.
(7) subregulations (1)to (6)do not apply to operations conducted by air operator
certificate (AOC) holders issued with a certificate under the Civil Aviation (Air Operator
Certification and Administration) Regulations, 2013.

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(8) A person shall not operate an aircraft in a Category II or Category III operations
conducted by an AOC holder unless the operation is conducted in accordance with that AOC
holder's specific operations specifications.
146. Category II and Category III: operations manual
(1) Except as provided in subregulation (3), a person shall not operate an aircraft in a
Category II or a Category III operation unless—
(a) there is available in the aircraft a current and approved Category II or
Category III manual, as appropriate, for that aircraft;
(b) the operation is conducted in accordance with the procedures, instructions,
and limitations in the appropriate manual; and
(c) the instruments and equipment listed in the manual that are required for
a particular Category II or Category III operation have been inspected and
maintained in accordance with the maintenance programme contained in the
manual.
(2) An operator shall keep a current copy of each approved manual at its principal base
of operations and shall make each manual available for inspection upon request by the
Authority.
(3) subregulations (1) and (2) do not apply to operations conducted by an air operator
certificate holder issued a certificate under the Civil Aviation (Air Operator Certification and
Administration) Regulations, 2013.
(4) An applicant for approval of a Category II or III operations manual or an amendment
to an approved Category II operations manual shall submit the proposed manual or
amendment to the Authority.
(5) Where the application made under these Regulations is a request for an evaluation
programme, the application shall include the following—
(a) the location of the aircraft and the place where the demonstrations are to be
conducted; and
(b) the date the demonstrations are to commence (at least 10 days after filing
the application).
(6) A Category II or III operations manual shall contain—
(a) the registration number, make, and model of the aircraft to which it applies;
(b) a maintenance programme; and
(c) the procedures and instructions related to—
(i) recognition of decision height or decision altitude;
(ii) use of runway visual range information;
(iii) approach monitoring;
(iv) the decision region, which is the region between the middle marker
and the decision height or decision altitude;
(v) the maximum permissible deviations of the basic instrument landing
system indicator within the decision region;
(vi) a missed approach procedure;
(vii) use of airborne low approach equipment;
(viii) minimum altitude for the use of the autopilot;
(ix) instrument and equipment failure warning systems;
(x) instrument failure; and
(xi) other procedures, instructions, and limitations that may be found
necessary by the Authority.
147. Authorization for deviation from certain Category II operations

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(1) The Authority may authorise deviations from the requirements of regulations 145
and 146 for the operation of small aircraft in Category II operations if the Authority finds that
the proposed operation can safely be conducted.
(2) The authorisation specified in subregulation (1)of this regulation does not permit
operation of the aircraft carrying persons or property for compensation or hire.
Aircraft used in Commercial Air Transport Operation
148. General
(1) Where full compliance with the requirements of these Regulations cannot be shown
due to specific design characteristics, for example, seaplanes, airships, or supersonic
aircraft, the operator shall apply approved performance standards that ensure a level of
safety not less restrictive than those of relevant requirements of this regulation.
(2) A person shall not operate a multi-engine aircraft used for commercial air transport
operation that is unable to comply with any of the performance limitations of regulations 151
up to 155, inclusive, unless that aircraft is continually operated—
(a) in daylight;
(b) in visual flight rules; and
(c) at a weight that shall allow it to climb, with the critical engine inoperative, at
least 50 feet a minute when operating at the minimum en-route altitude of the
intended route or any planned diversion, or at 5,000 feet above mean sea
level, whichever is higher.
(3) A multi-engine aircraft that is unable to comply with subregulation (2)(c) shall, for the
purpose of this regulation, be considered as a single engine aircraft.
149. Rules of the air and air traffic control
Every person and every aircraft shall comply with the Civil Aviation (Rules of the Air)
Regulations, 2013.
150. Aircraft performance calculations for commercial air transport
(1) A person shall not commence a flight in an aircraft used in commercial air transport
operation without ensuring that the applicable operating and performance limitations
required by this regulation can be accurately computed based on the aeroplane flight
manual, rotorcraft flight manual, or other data source approved by the Authority.
(2) A person calculating performance and operating limitations for an aircraft used in
commercial air transport operation shall ensure that performance data used to determine
compliance with this regulation can, during any phase of flight, accurately account for—
(a) any reasonably expected adverse operating conditions that may affect aircraft
performance;
(b) one engine failure for aircraft having two engines, where applicable; and
(c) two engine failure for aircraft having three or more engines, if applicable.
(3) When calculating the performance and limitation requirements of regulations 151 up
to 155, inclusive a person performing the calculation shall, for all engines operating and for
inoperative engines, accurately account for—
(a) in all phases of flight—
the effect of fuel and oil consumption on aircraft weight;
(i) the effect of fuel consumption on fuel reserves resulting from changes
in flight paths, winds, and aircraft configuration;
(ii) the effect of fuel jettisoning on aircraft mass and fuel reserves, if
applicable and approved;
(iii) the effect of any ice protection system, if applicable and weather
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(iv) ambient temperatures and winds along intended route and any
planned diversion; and
(v) flight paths and minimum altitudes required to remain clear of
obstacles;
(b) during take-off and landing—
(i) the condition of the take-off runway or area to be used, including any
contaminants, such as water, slush, snow, ice, etc.;
(ii) the gradient of runway to be used;
(iii) the runway length including clearways and stopways, if applicable;
(iv) pressure altitudes at take-off and landing sites;
(v) current ambient temperatures and winds at take-off;
(vi) forecast ambient temperatures and winds at each destination and
planned alternate landing site;
(vii) the ground handling characteristics, for example braking action of the
type of aircraft; and
(viii) landing aids and terrain that may affect the take-off path, landing path,
and landing roll.
(4) Where conditions are different from those on which the performance is based,
compliance may be determined by interpolation or by computing the effects of changes in
the specific variables, if the results of the interpolation or computations are substantially as
accurate as the results of direct tests.
(5) To allow for wind effect, take-off data based on still air may be corrected by taking
into account not more than fifty per cent of any reported headwind component and not less
than one hundred and fifty per cent of any reported tailwind component.
151. Take-off limitations
(1) A person shall not commence a flight in an aeroplane used in commercial air transport
operation unless the following requirements are met when determining the maximum
permitted take-off mass—
(a) the take-off run shall not be greater than the length of the runway;
(b) for turbine engine powered aeroplanes—
(i) the take-off distance shall not exceed the length of the runway plus the
length of any clearway, except that the length of any clearway included
in the calculation shall not be greater than ½ the length of the runway;
and
(ii) the accelerate-stop distance shall not exceed the length of the runway,
plus the length of any stopway, at any time during take-off until
reaching V;1
(c) for reciprocating engine powered aeroplanes the accelerate-stop distance
shall not exceed the length of the runway at any time during take-off until
reaching V1; and
(d) where the critical engine fails at any time after the aeroplane reaches V1, to
continue the take-off and clear all obstacles either—
(i) by a height of at least 9.1 m (35 ft) vertically for turbine engine
powered aeroplanes or 15.2 m (50 ft) for reciprocating engine powered
aeroplanes; and
(ii) by at least 60 m (200 ft) horizontally within the aerodrome boundaries
and by at least 90 meters (300 ft) horizontally after passing the
boundaries, without banking more than fifteen degrees at any point on
the take-off flight path.

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(2) A person shall not take-off a helicopter used in commercial air transport that, in the
event of a critical engine failure, shall not—
(a) for performance class 1 helicopters—
(i) at or before the take-off decision point, discontinue the take-off and
stop within the rejected take-off area; or
(ii) after the take-off decision point, continue the take-off and then climb,
clearing all obstacles along the flight path, until a suitable landing site
is found.
(b) for performance class 2 helicopters—
(i) before reaching a defined point after take-off, safely execute a forced
landing within the rejected take-off area; or
(ii) at any point after reaching a defined point after take-off, continue the
take-off and then climb, clearing all obstacles along the flight path, until
a suitable landing site is found;
(c) for performance Class 3 helicopters—
(i) clear the obstacles along its flight path by an adequate margin; or
(ii) maintain minimum flight altitude; or
(iii) at engine failure permit a safe, forced landing.
152. En-route limitations: all engines operating
(1) A person shall not commence a flight in a reciprocating engine powered aeroplane
used in commercial air transport operation at a weight that does not allow a rate of climb of
at least 6.9 Vso with all engines operating, at an altitude of at least 300 m (1,000 ft) above
all terrain and obstructions within ten miles of each side of the intended track.
(2) In this regulation the term "6.9 Vso" means the number of feet per minute obtained
by multiplying the aircraft's minimum steady flight speed by 6.9.
153. En-route limitations: one engine inoperative
(1) An operator shall ensure that the one engine inoperative en-route net flight path data
shown in the aeroplane flight manual, appropriate to the meteorological conditions expected
for the flight, complies with either subregulation (2) or (3) at all points along the route.
(2) The net flight path shall have a positive gradient at 1, 500 ft above the aerodrome
where the landing is assumed to be made after engine failure, in meteorological conditions
requiring the operation of ice protection systems, the effect of their use on the net flight path
must be taken into account.
(3) The gradient of the net flight path shall be positive at least 1,000 ft above all terrain
and obstructions along the route within 9.3 km (5 nm) on either side of the intended track.
(4) The net flight path shall permit the aeroplane to continue flight from the cruise
altitude to an aerodrome where a landing can be made in accordance with regulation 145
as appropriate, the net flight path clearing vertically, by at least 2,000 ft, all terrain and
obstructions along the route within 9.3 km (5 nm) on either side of the intended track in
accordance with the following—
(a) the engine is assumed to fail at the most critical point along the route;
(b) account is taken of the effects of winds on the flight path;
(c) fuel jettisoning is permitted to an extent consistent with reaching the
aerodrome with the required fuel reserves, if a safe procedure is used; and
(d) the aerodrome where the aeroplane is assumed to land after engine failure
shall meet the following criteria—
(i) the performance requirements at the expected landing mass are met;
and

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(ii) weather reports or forecasts or any combination thereof, and field


condition reports indicate that a safe landing can be accomplished at
the estimated time of landing.
(5) An operator shall increase the width margins of subregulation (4) to 18.5 km (10 nm)
if the navigational accuracy does not meet the 95% containment level.
(6) A person shall not commence a flight in commercial air transport operation helicopter
having two engines unless that helicopter can, in the event of the critical engine failing and
any point in the en-route phase, continue the flight to the destination or alternate landing
site without flying below the minimum flight altitude at any point and clearing all obstacles
in the approach path by a safe margin.
154. En-route limitations: three or more engines, two engines inoperative
(1) A person may not take-off an aeroplane used in commercial air transport operation
having three or more engines at such a weight where there is no suitable landing aerodrome
within 90 minutes at any point along the intended route, with all engines operating at cruising
power, unless that aircraft can, in the event of simultaneous power failure of two critical
engines at the most critical point along that route, continue to a suitable landing aerodrome
while complying with the requirements of subregulations (2) up to (6).
(2) The two engines inoperative en-route net flight path data shall permit the aeroplane
to continue the flight, in the expected meteorological conditions, from the point where two
engines are assumed to fail simultaneously, to an aerodrome at which it is possible to land
and come to a complete stop when using the prescribed procedure for a landing with two
engines inoperative.
(3) The net flight path referred to in subregulation (2) shall clear vertically, by at least
2000 ft all terrain and obstacles along the route within 9.3 km (5 nm), on either side of the
intended track.
(4) At altitudes and in meteorological conditions requiring ice protection systems to be
operable, the effect of their use on the net flight path data must be taken into account, and
if the navigational accuracy does not meet the 95% containment level, an operator must
increase the width margin given above to 18.5 km (10 nm).
(5) The two engines are assumed to fail at the most critical point of that portion of the
route where the aeroplane is more than ninety minutes, at the all engines long range cruising
speed at standard temperature in still air, away from an aerodrome at which the performance
requirements applicable at the expected landing mass are met.
(6) The net flight path shall have a positive gradient at 1 500 ft above the aerodrome
where the landing is assumed to be made after the failure of two engines.
(7) Fuel jettisoning in an aeroplane referred to in this regulation is permitted to an extent
consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure
is used.
(8) The expected mass of the aeroplane at the point where the two engines are assumed
to fail shall not be less than that which would include sufficient fuel to proceed to an
aerodrome where the landing is assumed to be made, and to arrive there at least 1 500 ft
directly over the landing area and thereafter to fly level for fifteen minutes.
(9) A person shall not commence a flight in a performance class 1 or performance class
2 helicopter used in commercial air transport operation having three or more engines unless
that helicopter can, in the event of two critical engines failing simultaneously at any point in
the en-route phase, continue the flight to a suitable landing site.
155. Landing limitations
(1) A person shall not commence a flight in an aeroplane used in commercial
air operations unless the aeroplane mass on arrival at either the intended destination
aerodrome or any planned alternate aerodrome would allow a full stop landing from a point
50 feet above the intersection of the obstruction clearance plane and the runway, and within

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(a) for turbine engine powered aeroplanes, sixty per cent of the effective length
of each runway; and
(b) for reciprocating engine powered aeroplanes, seventy per cent of the effective
length of each runway.
(2) A person determining the landing limit shall ensure that for the purpose of determining
the allowable landing weight at the destination aerodrome—
(a) the aeroplane is landed on the most favourable runway and in the most
favourable direction, in still air; or
(b) the aeroplane is landed on the most suitable runway considering the
probable wind velocity and direction, runway conditions, the ground handling
characteristics of the aeroplane, and considering other conditions such as
landing aids and terrain.
(3) Where the runway at the landing destination is reported or forecast to be wet or
slippery, the landing distance available shall be at least one hundred and fifteen per cent
of the required landing distance unless, based on a showing of actual operating landing
techniques on wet or slippery runways—
(a) a shorter landing distance not less than that required by subregulation (1) has
been approved for a specific type and model of aeroplane; and
(b) this information is included in the aircraft flight manual.
(4) A turbine powered transport category aeroplane that would be prohibited from taking
off because it could not meet the requirements of subregulation (1)(a), may take-off if an
alternate aerodrome is specified that meets all the requirements of subregulation (1).
(5) A person shall not commence a flight in a helicopter used in commercial air transport
operation unless, with all engines operating on arrival at the intended destination landing
site or any planned alternate landing, it can clear all obstacles on the approach path and
can land and stop within the landing distance available.
(6) A person shall not commence a flight in a helicopter used in commercial air transport
operation unless, in the event of any engine becoming inoperative in the approach and
landing phase on arrival at the intended destination landing site or any planned alternate
landing, can—
(a) for performance class 1 helicopters—
(i) before the landing decision point, clear all obstacles on the approach
path and be able to land and stop within the landing distance available
or to perform a balked landing and clear all obstacles in the flight path
by an adequate margin; or
(ii) after the landing decision point, land and stop within the landing
distance available;
(b) for performance class 2 and performance class 3 helicopters before reaching
a defined point before landing, safely execute a forced landing within the
landing distance available.
(7) For purposes of subregulation (1), an "obstruction clearance plane" is a plane—
(a) sloping upward from the runway at a slope of 1:20 to the horizontal, and
tangent to or clearing all obstructions within a specified area surrounding the
runway as shown in a profile view of that area;
(b) in the plane view, the centreline of the specified area coincides with the
centreline of the runway, beginning at the point where the obstruction
clearance plane intersects the centreline of the runway and proceeding to a
point at least 1,500 feet from the beginning point;
(c) the centreline coincides with the takeoff path over the ground for the
runway (in the case of takeoffs) or with the instrument approach counterpart
(for landings), or where the applicable one of these paths has not been
established, it proceeds consistent with turns of at least 4,000 foot radius until

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a point is reached beyond which the obstruction clearance plane clears all
obstructions; and
(d) this area extends laterally 200 feet on each side of the centreline at the point
where the obstruction clearance plane intersects the runway and continues
at this width to the end of the runway; then it increases uniformly to 500 feet
on each side of the centreline at a point 1,500 feet from the intersection of the
obstruction clearance plane with the runway; thereafter, it extends laterally
500 feet on each side of the centreline.
PART VIII – PASSENGER AND PASSENGER HANDLING
All Passenger-Carrying Operations
156. Unacceptable conduct
A person on board an aircraft shall not—
(a) interfere with a crew member in the performance of that crew members'
duties;
(b) refuse to fasten his seat belt and keep it fastened while the seat belt sign is
lighted;
(c) wilfully, recklessly or negligently act or omit to act—
(i) so as to endanger an aircraft or persons and property therein; and
(ii) so as to cause or permit an aeroplane to endanger any person or
property;
(d) secrete himself nor secrete cargo on board an aircraft;
(e) smoke while the no-smoking sign is lighted;
(f) smoke in any aircraft lavatory;
(g) tamper with, disable or destroy any smoke detector installed in any aircraft
lavatory; or
(h) wilfully, recklessly or negligently imperil the safety of an aircraft or any person
on board, whether by interference with any crewmember, or by tampering with
the aircraft or its equipment, or by disorderly conduct by any other means.
157. Refuelling or defuelling with passengers on board
(1) A pilot-in-command shall not allow an aeroplane to be refuelled or defuelled when
passengers are embarking, on board or disembarking unless—
(a) the aeroplane is manned by qualified personnel ready to initiate and direct
an evacuation; and
(b) two-way communication is maintained between the qualified personnel in the
aeroplane and the ground crew supervising the refuelling.
(2) Unless specifically authorised by the Authority, a person shall not allow a helicopter
to be refuelled or defuelled when—
(a) passengers are embarking, on board, or disembarking; or
(b) the rotors are turning.
158. Passenger seats, safety belts and shoulder harnesses
(1) A pilot-in-command (PIC) shall ensure that each person onboard the aircraft from
the age of 2 years occupies an approved seat or berth with their own individual safety belt
and shoulder harness, if installed, properly secured during take-off and landing.
(2) A passenger shall have his seatbelt securely fastened at any other time the PIC
determines it is necessary for safety.
(3) When cabin crewmembers are required in a commercial air transport operation, the
PIC may delegate the responsibility specified in subregulation (1) to the cabin crewmember,
but shall ascertain that the proper briefing has been conducted prior to take-off.

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159. Passenger briefing: non-AOC holder aircraft


(1) A pilot-in-command (PIC) of a non air operator certificate (AOC) holder aircraft shall
ensure that crewmembers and passengers are made familiar, by means of an oral briefing
or by other means, with the location and use of the following items, if appropriate—
(a) seat belts;
(b) emergency exits;
(c) life jackets;
(d) oxygen dispensing equipment; and
(e) other emergency equipment provided for individual use, including passenger
emergency briefing cards.
(2) The PIC of a non AOC holder aircraft shall ensure that all persons on board are
aware of the locations and general manner of use of the principal emergency equipment
carried for collective use.
(3) A PIC of a non AOC holder aircraft may delegate the responsibility of briefing
passengers under this regulation to any other crewmember on board the aircraft, and shall
ascertain that the briefing has been conducted prior to take-off.
160. In-flight emergency instruction
(1) In an emergency or during flight, the pilot-in-command (PIC) shall ensure that all
persons on board are instructed in such emergency action as may be appropriate to the
circumstances.
(2) A PIC may delegate the responsibility of briefing passengers under this regulation to
any other crewmember on board the aircraft, and shall ascertain that the briefing has been
conducted prior to take-off.
(3) A PIC shall, for each type of aeroplane, assign to all flight crew members the
necessary functions to perform in an emergency or in a situation requiring emergency
evacuation.
(4) In accomplishing function referred to in subregulation (3), annual training shall be
contained in the operator's training programme and shall include instruction in the use of
all emergency and lifesaving equipment required to be carried and drills in the emergency
evacuation of the aeroplane.
161. Passenger oxygen: minimum supply and use
A PIC of an aircraft shall—
(a) ensure that breathing oxygen and masks are available to passengers in
sufficient quantities for all flights at such altitudes where a lack of oxygen
might harmfully affect passengers;
(b) ensure that the minimum supply of oxygen prescribed by the Authority is on
board the aircraft; and
(c) require all passengers to use oxygen continuously at cabin pressure altitudes
above 15,000 feet.
162. Alcohol or drugs
(1) A person shall not permit any person who appears to be intoxicated or who
demonstrates, by manner or physical indications, that that person is intoxicated to—
(a) board an aircraft; or
(b) while on board the aircraft be served alcohol.
(2) A person shall not—
(a) board an aircraft while intoxicated or under the influence of drugs; or
(b) while on board the aircraft, be intoxicated or under the influence of drugs.
163. Use of psychoactive substances

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(1) A holder of a licence, rating or a certificate issued under these Regulations shall not
exercise the privileges of the licence, rating or certificate while under the influence of any
psychoactive substance, by reason of which human performance is impaired.
(2) A person whose function is critical to the safety of aviation (safety-sensitive
personnel) shall not undertake that function while under the influence of any psychoactive
substance, by reason of which human performance is impaired.
(3) The person referred to in subregulations (1) and (2) shall not engage in any kind of
problematic use of substances.
Commercial Air Transport Passenger Carrying Operations
164. Passenger compliance with instructions
A passenger on a commercial air transport operation flight shall comply with instructions
given by a crew member in compliance with these Regulations.
165. Denial of transportation
An air operator certificate holder may deny transportation to a passenger who—
(a) refuses to comply with the instructions regarding exit seating restrictions
prescribed by the Authority; or
(b) has a handicap that can be physically accommodated only through causing
an obstruction to the safe evacuation of other passengers from the aircraft as
provided for in regulation 172.
166. Carriage of Persons Without Compliance with Passenger-Carrying
Requirements
A pilot-in-command or an operator shall not allow a person to be carried without
compliance to the passenger carrying requirements unless there is an approved seat with
an approved seat belt for that person, and—
(a) the seat is so located that the occupant is not in any position to interfere with
the flight crewmembers performing their duties;
(b) there is unobstructed access from the approved seat to the flight deck or a
regular or emergency exit;
(c) there is a means for notifying that person when smoking is prohibited and
when seat belts shall be fastened; and
(d) that person has been orally briefed by a crewmember on the use of
emergency equipment and exits.
167. Cabin crew at duty stations
(1) During taxi of an aircraft a cabin crew member shall remain at his duty station with
safety belt and shoulder harness fastened except to perform duties related to the safety of
the aircraft and its occupants.
(2) During taxi of an aircraft cabin crew members shall be located as near as practicable
to required floor level exits and shall be uniformly distributed throughout the aircraft to
provide the most effective egress of passengers in event of an emergency evacuation.
(3) When passengers are on board a parked aircraft, cabin crew members or another
person qualified in emergency evacuation procedures for the aircraft shall be placed in the
following manner—
(a) if only one cabin crew member is required, that cabin crew member shall
be located in accordance with the air operator certificate holder's operations
manual procedures; or
(b) if more than one cabin crew member is required, those crew members shall
be spaced throughout the cabin to provide the most effective assistance for
the evacuation in case of an emergency.

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(4) Cabin crew seats shall be located near floor level and other emergency exits as
required by the State of Registry for emergency evacuation.
168. Evacuation capability
A pilot-in-command or other person assigned by the air operator certificate holder shall
ensure that, when passengers are on board the aircraft prior to movement on the surface, at
least one floor- level exit provides for egress of passengers through normal or emergency
means.
169. Arming of automatic emergency exits
A person shall not cause an aircraft carrying passengers to be moved on the surface,
take-off or land unless each automatically deployable emergency evacuation assisting
means installed on the aircraft is ready for evacuation.
170. Accessibility of emergency exits and equipment
A person shall not allow carry-on baggage or other items to block access to the
emergency exits when the aircraft is moving on the surface, during take-off or landing, or
while passengers remain on board.
171. Stops where passengers remain on board
(1) At stops where passengers remain on board the aircraft, the pilot-in-command shall
ensure that—
(a) all engines are shut down;
(b) at least one floor level exit remains open to provide for the evacuation of
passengers if necessary; and
(c) there is at least one person immediately available who is qualified in the
emergency evacuation of the aircraft and who has been identified to the
passengers on board as responsible for the passenger safety.
(2) Where refuelling with passengers on board, the PIC or a designated air operator
certificate (AOC) holder's representative shall ensure that the AOC holder's operations
manual procedures are followed.
172. Carriage of persons with reduced mobility
A person shall not allow a person of reduced mobility to occupy seats where his presence
could—
(a) impede the crew in their duties;
(b) obstruct access to emergency equipment; or
(c) impede the emergency evacuation of the aircraft.
173. Exit row seating
(1) A pilot-in-command (PIC) shall ensure that no passenger sits in an emergency exit
row if the PIC determines that it is likely that the passenger would be unable to understand
and perform the functions necessary to open an exit and to exit rapidly.
(2) A PIC shall ensure that a person is not seated in a passenger exit seat if it is likely
that the person would be unable to perform one or more of the applicable functions listed
below—
(a) lacks sufficient mobility, strength, or dexterity in both arms and hands, and
both legs to—
(i) reach upward, sideways, and downward to the location of emergency
exit and exit-slide operating mechanisms;
(ii) grasp and push, pull, turn, or otherwise manipulate those
mechanisms;
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(iv) lift out, hold, deposit on nearby seats, or manoeuvre over the
seatbacks to the next row objects the size and weight of over-wing
window exit doors;
(v) remove obstructions of size and weight similar over- wing exit doors;
(vi) reach the emergency exit expeditiously;
(vii) maintain balance while removing obstructions;
(viii) exit expeditiously;
(ix) stabilise an escape slide after deployment;
(x) assist others in getting off an escape slide;
(b) is less than fifteen years of age or lacks the capacity to perform one or more
of the applicable functions listed in this Regulation without assistance;
(c) lacks the ability to read and understand instructions required by this regulation
and related to emergency evacuation provided by the air operator certificate
(AOC) holder in printed or graphic form or the ability to understand oral crew
commands;
(d) lacks sufficient visual capacity to perform one or more of the functions
specified in paragraph (a) up to (c) without the assistance of visual aids
beyond contact lenses or eyeglasses;
(e) lacks sufficient aural capacity to hear and understand instructions given by
cabin crewmembers, without assistance beyond a hearing aid;
(f) lacks the ability to adequately impart information orally to other passengers; or
(g) has a condition or responsibilities, such as caring for small children, that might
prevent the person from performing one or more of the functions listed above
or a condition that might cause the person harm if he performs one or more
of the functions listed above.
(3) Determination by a crew member as to the suitability of each person permitted to
occupy an exit seat shall be made by the cabin crew members.
(4) Where a cabin crew member determines that a passenger assigned to an exit seat
would be unable to perform the emergency exit functions, or if a passenger requests a non-
exit seat, the cabin crew member shall expeditiously relocate the passenger to a non-exit
seat.
(5) In the event of full booking in the non-exit seats, and if necessary to accommodate a
passenger being relocated from an exit seat, the cabin crew member shall move a passenger
who is willing and able to assume the evacuation functions, to an exit seat.
(6) An AOC holder shall ensure that a ticket agent shall, prior to boarding, assign seats
consistent with the passenger selection criteria and the emergency exit functions, to the
maximum extent feasible.
(7) An AOC holder shall ensure that a ticket agent shall make available for inspection
by the public at all passenger loading gates and ticket counters at each aerodrome where it
conducts passenger operations, written procedures established for making determinations
in regard to exit row seating.
(8) A cabin crew member shall include in their passenger briefings a request that a
passenger identify himself to allow reseating if that passenger—
(a) cannot meet the selection criteria;
(b) has a non-discernible condition that shall prevent them from performing the
evacuation functions;
(c) may suffer bodily harm as the result of performing one or more of those
functions; or
(d) does not wish to perform emergency exit functions.
(9) A cabin crew member shall include in their passenger briefings a reference to the
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(10) A passenger shall comply with instructions given by a crew member or other
authorised employee of the AOC holder implementing exit seating restrictions.
(11) A PIC shall not allow taxi or pushback of an aircraft unless at least one required
crew member has verified that all exit rows and escape paths are unobstructed and that
no exit seat is occupied by a person the crewmember determines is likely to be unable to
perform the applicable evacuation functions.
(12) In order to comply with this regulation an AOC holder shall—
(a) establish procedures that address the requirements of this regulation; and
(b) submit their procedures for preliminary review and approval to the Authority.
(13) The procedures required by this regulation shall not become effective until final
approval is granted by the Authority, and approval shall be based solely upon the safety
aspects of the AOC holder's procedures.
174. Carriage of munitions of war
(1) An aircraft shall not carry munitions of war.
(2) A person shall not take or cause to be taken on board an aircraft, or deliver or cause
to be delivered for carriage thereon, any goods which that person knows or has reason to
believe or suspect to be munitions of war.
(3) For the purpose of this regulation, "munitions of war" means such weapons,
ammunition, articles, materials or devices as are intended or adapted for use in warfare.
(4) Without prejudice to subregulations (1) and (2), a person shall not carry or have in
his charge any weapon on board an aircraft registered in Kenya, provided that a weapon,
not being munitions of war, may be carried as passenger's baggage if it is stowed in the part
of the aircraft inaccessible to passengers and, in the case of a firearm, it is not loaded.
(5) Nothing in this regulation shall apply to weapons or ammunition taken or carried on
board an aircraft if the weapons or ammunition may, under the law of the State in which the
aircraft is registered, be lawfully taken or carried on board for the purpose of ensuring the
safety of the aircraft or of the persons on board.
175. Prohibition against carriage of weapons
A person shall not, while on board an aircraft being operated in commercial air transport
operation, carry on or about that person a deadly or dangerous weapon, either concealed
or unconcealed.
176. Oxygen for medical use by passengers
(1) An air operator certificate (AOC) holder shall allow a passenger to carry and operate
equipment for the storage, generation or dispensing of medical oxygen only as prescribed
by the Authority.
(2) A person shall not smoke, and no crew member shall allow any person to smoke
within 10 feet of oxygen storage and dispensing equipment carried for the medical use of
a passenger.
(3) A crew member shall not allow any person to connect or disconnect oxygen
dispensing equipment to or from an oxygen cylinder while any other passenger is aboard
the aircraft.
177. Least-risk bomb location and stowage of weapons
(1) Specialized means of attenuating and directing the blast shall be provided for use
at the least-risk bomb location.
(2) Where an operator accepts the carriage of weapons removed from passengers,
the aeroplane should have provision for stowing such weapons in a place so that they are
inaccessible to any person during flight time.
178. Carry-on baggage
(1) A person shall not allow—

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(a) the boarding of carry-on baggage unless it can be adequately and securely
stowed in accordance with the air operator certificate (AOC) holder's
operations manual procedures;
(b) aircraft passenger entry doors to be closed in preparation for taxiing or
pushback unless at least one required crew member has verified that each
article of baggage is properly stowed in overhead racks with approved
restraining devices or doors, or in approved locations aft of the bulkhead; and
(c) carry-on baggage to be stowed in a location that would cause that location to
be loaded beyond its maximum placard weight limitation.
(2) The stowage locations referred to in subregulation (1)(c) shall be capable of
restraining the articles in crash impacts severe enough to induce the ultimate inertia forces
specified in the emergency landing conditions under which the aircraft was type-certificated.
179. Carriage of cargo in passenger compartments
(1) A person shall not allow the carriage of cargo in the passenger compartment of an
aircraft except as prescribed by the Authority.
(2) Cargo may be carried anywhere in the passenger compartment if it is carried in an
approved cargo bin that meets the following requirements—
(a) the bin shall withstand the load factors and emergency landing conditions
applicable to the passenger seats of the aeroplane in which the bin is installed,
multiplied by a factor of 1.15, using the combined weight of the bin and the
maximum weight of cargo that may be carried in the bin;
(b) the maximum weight of cargo that the bin is approved to carry and any
instructions necessary to ensure proper weight distribution within the bin shall
be conspicuously marked on the bin;
(c) the bin may not impose any load on the floor or other structure of the aircraft
that exceeds the load limitations of that structure;
(d) the bin shall be attached to the seat tracks or to the floor structure of the
aircraft, and its attachment shall withstand the load factors and emergency
landing conditions applicable to the passenger seats of the aircraft in which
the bin is installed, multiplied by either the factor 1.15 or the seat attachment
factor specified for the aircraft, whichever is greater, using the combined
weight of the bin and the maximum weight of cargo that may be carried in
the bin;
(e) the bin shall be fully enclosed and made of material that is at least flame
resistant;
(f) suitable safeguards shall be provided within the bin to prevent the cargo from
shifting under emergency landing conditions; and
(g) the bin may not be installed in a position that obscures any passenger's view
of the "seat belt" sign, "no smoking" sign, or any required exit sign, unless an
auxiliary sign or other approved means for proper notification of the passenger
is provided.
(3) Cargo, including carry-on baggage, may be carried anywhere in the passenger
compartment of a small aircraft if it is carried in an approved cargo rack, bin, or compartment
installed in or on the aircraft, if it is secured by an approved means, or if it is carried in
accordance with each of the following—
(a) for cargo, it is properly secured by a safety belt or other tie- down having
enough strength to eliminate the possibility of shifting under all normally
anticipated flight and ground conditions, or for carry-on baggage, it is
restrained so as to prevent its movement during air turbulence;
(b) it is packaged or covered to avoid possible injury to occupants;
(c) it does not impose any load on seats or in the floor structure that exceeds the
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(d) it is not located in a position that obstructs the access to, or use of, any
required emergency or regular exit, or the use of the aisle between the crew
and the passenger compartment, or is located in a position that obscures any
passenger's view of the "seat belt" sign, "no smoking" sign or placard, or any
required exit sign, unless an auxiliary sign or other approved means for proper
notification of the passengers is provided;
(e) it is not carried directly above seated occupants;
(f) it is stowed in compliance with these restrictions during take-off and landing;
and
(g) for cargo-only operations, if the cargo is loaded so that at least one emergency
or regular exit is available to provide all occupants of the aircraft a means of
unobstructed exit from the aircraft if an emergency occurs.
180. Passenger information signs
A PIC of an aircraft shall turn on required passenger information signs during any
movement on the surface, for each take-off and each landing, and when otherwise
considered to be necessary.
181. Required passenger briefings: AOC holder
(1) A person shall not commence a take-off unless the passengers are briefed prior
to take-off in accordance with the air operator certificate (AOC) holder's operations manual
procedures on—
(a) smoking limitations and prohibitions;
(b) emergency exit location and use;
(c) use of safety belts;
(d) emergency floatation means location and use;
(e) location and the general manner of use of the principal emergency equipment
for collective use;
(f) fire extinguisher location and operation;
(g) placement of seat backs;
(h) if flight is above 12,000 feet above mean sea level , the normal and emergency
use of oxygen; and
(i) the passenger briefing card.
(2) Immediately before or after turning the seat belt sign off, a pilot-in-command (PIC)
shall ensure that the passengers are briefed to keep their seat belts fastened while seated,
even when the seat belt sign is off.
(3) Before take-off, the PIC shall ensure that persons of reduced mobility are personally
briefed on the—
(a) route to the most appropriate exit; and
(b) time to begin moving to the exit in event of an emergency.
(4) The PIC operating a commercial air transport operations flight shall ensure that
the briefing specified in this regulation contains all the objects approved for the specific
operations conducted as included in the relevant operations manual.
(5) The operator shall ensure that during take-off and landing and whenever, by
reason of turbulence or any emergency occurring during flight the precaution is considered
necessary, all passengers on board an aeroplane shall be secured in their seats by means
of seat belts or harnesses provided.
182. Passenger briefing: extended over water operations
A pilot-in-command shall not commence extended over water operations unless all
passengers have been orally briefed on the location and operations of life preservers, life

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rafts and other flotation means, including a demonstration of the method of donning and
inflating a life preserver.
183. Passenger seat belts
(1) A passenger occupying a seat or berth shall fasten his safety belt and keep it fastened
while the sign is lighted or, in aircraft not equipped with such a sign, whenever instructed
by a pilot-in-command.
(2) A passenger safety belt shall not be used by more than one occupant during take-
off and landing.
(3) At each unoccupied seat, the safety belt and shoulder harness, if installed, shall be
secured so as not to interfere with crew members in the performance of their duties or with
the rapid egress of occupants in an emergency.
(4) A person who is not two years of age may be held by an adult who is occupying
a seat or berth.
(5) A berth, such as a multiple lounge or divan seat, may be occupied by two persons
provided it is equipped with an approved safety belt for each person and is used during en
route flight only.
184. Passenger seat backs
(1) A pilot-in-command shall not allow the take-off or landing of an aircraft unless each
passenger seat back is in the upright position.
(2) Exceptions to this requirement shall only be made in accordance with procedures
in the air operator certificate holder's operations manual provided the seat back does not
obstruct any passenger's access to the aisle or to any emergency exit.
185. Stowage of food, beverage and passenger service
A pilot-in-command shall not allow the movement of an aircraft on the surface, take-off
or landing—
(a) when any food, beverage or tableware furnished by the air operator certificate
holder is located at any passenger seat; and
(b) unless each food and beverage tray and seat back tray table is in the stowed
position.
186. Securing of items of mass in passenger compartment
A person shall not allow—
(a) the take-off or landing of an aircraft unless each item of mass in the passenger
cabin is properly secured to prevent it from becoming a hazard during taxi,
take-off and landing and during turbulent weather conditions; or
(b) an aircraft to move on the surface, take-off or land unless each passenger
serving cart is secured in its stowed position.
Crew Member and Flight Operations Officer
Qualifications: Commercial Air Transport Operation
187. Age restriction
A person shall not serve nor shall any air operator certificate holder use a person as a
required pilot on an aircraft engaged in international commercial air transport operations if
that person has attained the age of sixty-five years.
188. PIC licence requirements: turbojet, turbofan or large aircraft
A pilot shall not act as pilot-in-command of a turbojet, turbofan or large aircraft in
commercial air transport operations unless that pilot holds an Airline Transport Pilot Licence
and a type rating for that aircraft.
189. PIC licence requirements: non-turbojet or turbofan small aircraft

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A pilot shall not act as pilot-in-command of a non-turbojet or turbofan small aircraft in


commercial air transport operations during—
(a) instrument flight rules operations unless that pilot holds a Commercial
Pilot Licence (CPL) with appropriate category class ratings for the aircraft
operated, and an instrument rating and meets the experience requirements
for operation; or
(b) day visual flight rules operations unless that pilot holds a CPL with appropriate
category and class ratings for the aircraft operated.
190. PIC aeronautical experience: small aircraft
An operator shall ensure that—
(a) a Commercial Pilot Licence holder does not operate as a pilot-in-command
(PIC) certificated in the Aircraft Flight Manual for single pilot operations unless

(i) when conducting passenger carrying operations under visual flight
rules outside a radius of 50 nm from an aerodrome of departure, the
pilot has a minimum of 500 hours total flight time on aeroplanes or
holds a valid instrument rating; or
(ii) when operating on a multi-engine type under instrument flight rules
(IFR), the pilot has a minimum of 700 hours total flight time on
aeroplanes which includes 400 hours as PIC of which 100 hours have
been under IFR including 40 hours multi-engine operation; and
(iii) the 400 hours referred to sub-paragraph (ii) are substituted by hours
operating as co-pilot on the basis that two hours co-pilot is equivalent
to one hour as PIC provided that those hours were gained within
an established multi-pilot crew system prescribed in the Operations
Manual specified in the Civil Aviation (Air Operator Certification and
Administration) Regulations;
(b) in addition to paragraph (a)(ii), when operating under IFR as a single pilot,
requirements prescribed in regulation 36 are satisfied; and
(c) in multi-pilot crew operations, in addition to sub-paragraph (a), and prior the
pilot operating as PIC, the command course prescribed in the Operations
Manual specified in the Civil Aviation (Air Operator Certification and
Administration) Regulations, 2013 is completed.
191. Co-pilot licence requirements
A pilot shall not act as co-pilot of an aircraft in commercial air transport operations unless
that pilot holds—
(a) a Commercial Pilot Licence with appropriate category class and type ratings
for the aircraft operated; and
(b) an instrument rating.
192. Flight engineer licence requirements
A person shall not act as the flight engineer of an aircraft unless that person holds a flight
engineer licence with the appropriate type rating.
193. One pilot qualified to perform flight engineer functions
An air operator certificate holder shall ensure that, on all flights requiring a flight engineer,
there is assigned at least one other flight crew member qualified to perform the flight
engineer duties in the event the flight engineer becomes incapacitated.
194. Persons qualified in flight release
A person shall not act as a flight operations officer in releasing a scheduled passenger-
carrying commercial air transport operation aircraft unless that person holds a flight

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operations officer licence or an Airline Transport Pilot Licence, and is currently qualified by
the air operator certificate holder for the operation and type of aircraft used.
195. Company procedures indoctrination
(1) A person shall not serve nor shall an air operator certificate (AOC) holder use a
person as a crew member or flight operations officer unless that person has completed
the company procedures indoctrination curriculum approved by the Authority, which shall
include a complete review of operations manual procedures pertinent to the crew member
or flight operation officer's duties.
(2) An AOC holder shall ensure that all operations personnel are provided with company
indoctrination training that covers the following areas—
(a) AOC holder's organisation, scope of operation, and administrative practices
as applicable to crew member assignments and duties;
(b) appropriate provisions of civil aviation regulations and other applicable
regulations and guidance materials;
(c) AOC holder policies and procedures;
(d) applicable crew member manuals; and
(e) appropriate portions of the AOC holder's operations manual.
(3) An AOC holder shall provide a minimum of forty programmed hours of instruction
for basic indoctrination training unless a reduction of the hours of instruction is approved
by the Authority.
196. Initial dangerous goods training
(1) An operator or owner of an aircraft shall establish and maintain approved staff training
programmes as required by the Technical Instructions.
(2) An operator or owner not holding a permanent approval to carry dangerous goods
shall ensure that—
(a) staff who are engaged in general cargo handling have received training
to carry out their duties in respect of dangerous goods which covers as
a minimum, the areas identified in Column 1 of Table 4 below to a depth
sufficient to ensure that an awareness is gained of the hazards associated
with dangerous goods, how to identify such goods and what requests apply
to the carriage of such goods by passengers; and
(b) crew members, passenger handling staff, and security staff used by an AOC
holder to deal with the screening of passengers and their baggage, have
received training which covers as a minimum, the areas identified in Column
2 of Table 4 below to a depth sufficient to ensure that an awareness is gained
of the hazards associated with dangerous goods, how to identify them and
what requirements apply to the carriage of such goods by passengers.

TABLE 4–TRAINING: CREW MEMBER AND OTHERS


Areas of Training Column 1 Column 2
General philosophy X X
Limitations on dangerous X X
goods in air transport
Package marking and X X
labelling
Dangerous goods in X X
passengers baggage
Emergency procedures X X
Note “X” indicates an area to
be covered

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(3) An operator or owner holding a permanent approval to carry dangerous goods shall
ensure that—
(a) staff who are engaged in the acceptance of dangerous goods have received
training and are qualified to carry out their duties which covers as a minimum,
the areas identified in Column 1 of Table 5 below to a depth sufficient to
ensure the staff can take decisions on the acceptance or refusal of dangerous
goods offered for carriage by air;
(b) staff who are engaged in ground handling, storage and loading of dangerous
goods have received training to enable them to carry out their duties in respect
of dangerous goods which covers as a minimum, the areas identified in
Column 2 of Table 5 below to a depth sufficient to ensure that an awareness
is gained of the hazards associated with dangerous goods, how to identify
such goods and how to handle and load them;
(c) staff who are engaged in general cargo handling have received training to
enable them to carry out their duties in respect of dangerous goods which
covers as a minimum, the areas identified in Column 3 of Table 5 below
to a depth sufficient to ensure that an awareness is gained of the hazards
associated with dangerous goods, how to identify such goods and how to
handle and load them;
(d) flight crew members have received training which covers as a minimum, the
areas identified in Column 4 of Table 5 below to a depth sufficient to ensure
that an awareness is gained of the hazards associated with dangerous goods
and how they should be carried on an aircraft;
(e) passenger handling staff and security staff used by the operator who deal with
the screening of passengers and their baggage and crew members, other
than flight crew members, have received training which covers as a minimum,
the areas identified in Column 5 of Table 5 below to a depth sufficient to
ensure that an awareness is gained of the hazards associated with dangerous
goods and the requirements that apply to the carriage of such goods by
passengers or, more generally, their carriage on an aircraft.

TABLE 5–TRAINING: STAFF OTHER THAN CREW MEMBERS


Areas of Column 1 Column 2 Column 3 Column 4 Column 5
Training
General X X X X X
philosophy
Limitation on X X X X
dangerous
goods in the
air transport
Classified X X X
and list of
dangerous
goods
General X
packing
requirements
and packing
instructions
(4) An operator or owner shall ensure that—
(a) all staff who require dangerous goods training receive recurrent training at
intervals of not longer than two years;
(b) the records of dangerous goods training are maintained for all staff trained in
accordance with the provisions of this regulation; and

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(c) his handling agent's staff are trained in accordance with the applicable column
of Table 4 or Table 5 above.
197. Security training programmes
An operator shall develop and submit a security training programme to the Authority
which ensures crewmembers act in the most appropriate manner to minimize the
consequences of acts of unlawful interference for approval and the programme shall, as a
minimum, include the following elements—
(a) determination of the seriousness of any occurrence;
(b) crew communication and coordination;
(c) appropriate self-defence responses;
(d) use of non-lethal protective devices assigned to crew members whose use is
authorized by the State of the Operator;
(e) cockpit procedures to protect the aircraft; and
(f) aircraft search procedures and guidance on least-risk bomb locations where
practicable.
198. Initial emergency equipment drills
(1) A person shall not serve nor shall any AOC holder use a person as a crew member
or flight operations officer unless that person has completed the initial crew resource
management (CRM) curriculum approved by the Authority.
(2) An AOC holder shall ensure that all crewmembers have crew resource management
training as part of their initial and recurrent training requirements.
(3) A crew resource management training program shall include—
(a) an initial indoctrination or awareness segment;
(b) a method to provide recurrent practice and feedback; and
(c) a method of providing continuing reinforcement.
(4) Curriculum topics to be contained in an initial crew resource management training
course include—
(a) communications processes and decision behaviour;
(b) internal and external influences on interpersonal communications;
(c) barriers to communication;
(d) listening skills;
(e) decision making skills;
(f) effective briefings;
(g) developing open communications;
(h) inquiry, advocacy, and assertion training;
(i) crew self-critique;
(j) conflict resolution;
(k) team building and maintenance;
(l) leadership and fellowship training;
(m) interpersonal relationships;
(n) workload management;
(o) situational awareness;
(p) how to prepare, plan and monitor task completions;
(q) workload distribution;
(r) distraction avoidance;
(s) individual factors; and
(t) stress reduction.

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199. Initial emergency equipment drills


(1) A person shall not serve nor shall any air operator certificate (AOC) holder use
a person as a crew member unless that person has completed the appropriate initial
emergency equipment curriculum and drills for the crew member position approved by the
Authority for the emergency equipment available on the aircraft to be operated.
(2) A crew member shall accomplish emergency training during the specified training
periods, using the items of installed emergency equipment for each type of aircraft in which
that crew member is to serve.
(3) During initial training, a crew member shall perform the following one-time emergency
drills—
(a) protective breathing equipment or fire-fighting drill—
(i) locate the source of fire or smoke for an actual or simulated fire;
(ii) implement procedures for effective crew co-ordination and
communication, including notification of flight crew members about the
fire situation;
(iii) don and activate installed protective breathing equipment or approved
protective breathing equipment simulation device;
(iv) manoeuvre in limited space with reduced visibility;
(v) effectively use the aircraft's communication system;
(vi) identify the class of fire;
(vii) select the appropriate extinguisher;
(viii) properly remove the extinguisher from the securing device;
(ix) prepare, operate and discharge the extinguisher properly; and
(x) utilise the correct fire-fighting techniques for type of fire;
(b) emergency evacuation drill—
(i) recognise and evaluate an emergency;
(ii) assume the appropriate protective position;
(iii) command passengers to assume protective position;
(iv) implement crew co-ordination procedures;
(v) ensure activation of emergency lights;
(vi) assess aircraft condition;
(vii) initiate evacuation, dependent on signal or decision;
(viii) command passengers to release their seatbelts and evacuate;
(ix) assess exit and redirect passengers, if necessary, to open exits,
including deploying slides and commanding helpers to assist;
(x) command the passengers to evacuate at exit and run away from the
aircraft;
(xi) assist special need passengers, such as handicapped, elderly, and
persons in a state of panic; and
(xii) actually exit the aircraft or training device using at least one of the
installed emergency evacuation slides.
(4) In the case of an emergency evacuation drill, the crew member may either observe
the aircraft exits being opened in the emergency mode and the associated exit slider or aft
pack being deployed and inflated, or perform the tasks resulting in the accomplishment of
these actions.
(5) An aircraft crew member shall accomplish additional emergency drills during initial
and recurrent training, including performing the following emergency drills—
(a) emergency exit drill—

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(i) correctly pre-flight each type of emergency exit and evacuation slide
or slide raft, if part of cabin crewmember's assigned duties;
(ii) disarm and open each type of door exit in normal mode;
(iii) close each type of door exit in normal mode;
(iv) arm each type of door exit in emergency mode;
(v) open each type of door exit in emergency mode;
(vi) use the manual slide inflation system to accomplish or ensure slide or
slide raft inflation;
(vii) open each type of window exit;
(viii) remove the escape rope and position it for use;
(b) hand fire extinguisher drill fighting an actual or a simulated fire is not
necessary during this drill—
(i) pre-flight each type of hand fire extinguisher;
(ii) locate the source of fire or smoke and identify class of fire;
(iii) select the appropriate extinguisher and remove from securing device;
(iv) prepare the extinguisher for use;
(v) actually operate and discharge each type of installed hand fire
extinguisher;
(vi) utilise correct fire-fighting techniques for the type of fire; and
(vii) implement procedures for effective crew coordination and
communication, including notification of crewmembers about the type
of fire situation;
(c) emergency oxygen system drill;
(i) actually operate portable oxygen bottles, including masks and tubing;
(ii) verbally demonstrate operation of chemical oxygen generators;
(iii) prepare for use and properly operate an oxygen device, including
donning and activation;
(iv) administer oxygen to self, passengers, and to those persons with
special oxygen needs;
(v) utilise proper procedures for effective crew coordination and
communication;
(vi) activate protective breathing equipment;
(vii) manually open each type of oxygen mask compartment and deploy
oxygen masks;
(viii) identify compartments with extra oxygen masks;
(ix) implement immediate action decompression procedures; and
(x) reset the oxygen system, if applicable;
(d) flotation device drill—
(i) don and inflate life vests;
(ii) remove and use flotation seat cushions; and
(iii) demonstrate swimming techniques using a seat cushion;
(e) ditching drill, if applicable, during which ditching drill trainees shall perform the
"prior to impact" and "after impact" procedures for a ditching, as appropriate
to the specific operator's type of operation—
(i) implement crew coordination procedures, including a briefing with the
captain to obtain pertinent ditching information and briefing cabin crew
members;
(ii) coordinate time-frame for cabin and passenger preparation;

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(iii) adequately brief passengers on ditching procedures;


(iv) ensure the cabin is prepared, including the securing of carry-on
baggage, lavatories, and galleys;
(v) demonstrate how to properly deploy and inflate slide rafts;
(vi) remove, position and attach slide rafts to aircraft;
(vii) inflate the rafts;
(viii) use escape ropes at over wing exits;
(ix) command any helpers to assist;
(x) use slides and seat cushions as flotation devices;
(xi) remove appropriate emergency equipment from the aircraft;
(xii) board rafts properly;
(xiii) initiate raft management procedures, such as disconnecting rafts
from aircraft, applying immediate first aid, rescuing persons in water,
salvaging floating rations and equipment, deploying sea anchor, tying
rafts together, and activating or ensuring operation of emergency
locator transmitter;
(xiv) initiate basic survival procedures, such as removing and utilising
survival kit items, repairing and maintaining raft, ensuring protection
from exposure, erecting canopy, communicating location, providing
continued first aid, and providing sustenance;
(xv) use heaving line to rescue persons in the water;
(xvi) tie slide rafts or rafts together;
(xvii) use life line on edge of slide raft or raft as a handhold; and
(xviii) secure survival kit items.
(6) An aircraft crew member shall accomplish additional emergency drill requirements
during initial and recurrent training including observing the following emergency drills—
(a) life raft removal and inflation drill, if applicable—
(i) removal of a life raft from the aircraft or training device; and
(ii) inflation of a life raft;
(b) slide raft transfer drill—
(i) transfer each type of slide raft pack from an unusable door to a usable
door;
(ii) disconnect the slide raft at an unusable door;
(iii) redirect passengers to the usable slide raft; and
(iv) install and deploy the slide raft at a usable door;
(c) slide and slide raft deployment, inflation, and detachment—
(i) engage slide girt bar in floor brackets;
(ii) inflate slides with and without quick-release handle, manually and
automatically;
(iii) disconnect slide from aircraft for use as a flotation device;
(iv) arm slide rafts for automatic inflation; and
(v) disconnect slide raft from the aircraft;
(d) emergency evacuation slide drill—
(i) open armed exit with slide or slide raft deployment and inflation; and
(ii) egress from aircraft via the evacuation slide and run away to a safe
distance.
200. Initial aircraft ground training: flight crew

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(1) A person shall not serve nor shall an air operator certificate (AOC) holder use a
person as a flight crewmember unless that person has completed the initial ground training
approved by the Authority for the aircraft type.
(2) Initial aircraft ground training for flight crew members shall include the pertinent
portions of the operations manuals relating to aircraft-specific performance, mass and
balance, operational policies, systems, limitations, normal, abnormal and emergency
procedures on the aircraft type to be used.
(3) An AOC holder shall have an initial aircraft ground training curriculum for the flight
crew applicable to the type of operations conducted and aircraft flown.
(4) Instructions shall include at least the following general subjects—
(a) AOC holder's dispatch, flight release, or operational control or flight following
procedures;
(b) principles and methods for determining mass and balance, and runway
limitations for take-off;
(c) adverse weather recognition and avoidance, and flight procedures which shall
be followed when operating in the followed when operating in the following
conditions—
(i) icing;
(ii) fog;
(iii) turbulence;
(iv) heavy precipitation;
(v) thunderstorms;
(vi) low-level wind shear and microburst;
(vii) low visibility;
(d) normal and emergency communications procedures and navigation
equipment including the AOC holder's communications procedures and air
traffic control clearance requirements;
(e) navigation procedures used in area departure, en route, area arrival,
approach and landing phases;
(f) approved crew resource management (CRM) training;
(g) air traffic control systems, procedures, and phraseology;
(h) aircraft performance characteristics during all flight regimes, including—
(i) the use of charts, tables, tabulated data and other related manual
information;
(ii) normal, abnormal, and emergency performance problems;
(iii) meteorological and weight limiting performance factors, such as
temperature, pressure, contaminated runways, precipitation, climb
and runway limits;
(iv) inoperative equipment performance limiting factors, such as minimum
equipment list or configuration deviation list, inoperative anti-skid; and
(v) special operational conditions, such as unpaved runways, high altitude
aerodromes and drift down requirements.
(5) An AOC holder shall have an initial aircraft ground training curriculum for the flight
crew applicable to the type of operations conducted and aircraft flown, including at least the
following aircraft systems—
(a) aircraft—
(i) aircraft dimensions, turning radius, panel layouts, cockpit and cabin
configurations; and
(ii) other major systems and components or appliances of the aircraft;
(b) power plants—

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(i) basic engine description;


(ii) engine thrust ratings;
(iii) engine components such as accessory drives, ignition, oil, fuel control,
hydraulic, and bleed air features;
(c) electrical—
(i) sources of aircraft electrical power, such as engine driven generators,
auxilliary power unit (APU) generator, and external power;
(ii) electrical buses;
(iii) circuit breakers;
(iv) aircraft battery;
(v) standby power systems;
(d) hydraulic—
(i) hydraulic reservoirs, pumps, accumulators, filters, check valves,
interconnects and actuators;
(ii) other hydraulically operated components;
(e) fuel—
(i) fuel tanks, including location and quantities;
(ii) engine driven pumps;
(iii) boost pumps;
(iv) system valves and crossfeeds;
(v) quantity indicators;
(vi) quantity indicators;
(vii) provisions for fuel jettisoning;
(f) pneumatic—
(i) bleed air sources, auxiliary power unit or external ground air;
(ii) means of routing, venting and controlling bleed air via valves, ducts,
chambers, and temperature and pressure limiting devices;
(g) air conditioning and pressurisation—
(i) heaters, air conditioning packs, fans, and other environmental control
devices;
(ii) pressurisation system components such as outflow and negative
pressure relief valves;
(iii) automatic, standby, and manual pressurisation controls and
annunciations;
(h) flight controls—
(i) primary controls, including yaw, pitch, and roll devices;
(ii) secondary controls, including leading or trailing edge devices, flaps,
trim, and damping mechanisms;
(iii) means of actuation, whether direct or indirect or fly by wire;
(iv) redundancy devices;
(i) landing gear—
(i) landing gear extension and retraction mechanism including the
operating sequence of struts, doors, and locking devices, and brake
and antiskid systems, if applicable;
(ii) steering, including nose or body steering gear;
(iii) bogie arrangements;
(iv) air or ground sensor relays;
(v) visual downlock indicators;

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(j) ice and rain protection—


(i) rain removal systems; and
(ii) anti-icing or de-icing systems affecting flight controls, engines;
(iii) pitot static probes, fluid outlets, cockpit windows, and aircraft
structures;
(k) equipment and furnishings—
(i) exits;
(ii) galleys;
(iii) water and waste systems;
(iv) lavatories;
(v) cargo areas;
(vi) crew member and passenger seats;
(vii) bulkheads;
(viii) seating and cargo configurations;
(ix) non-emergency equipment and furnishings;
(l) navigation equipment—
(i) flight directors;
(ii) horizontal situation indicator;
(iii) radio magnetic indicator;
(iv) navigation receivers such as global positioning system, automatic
direction finder (ADF), very high frequency omni-directional radio
range (VOR), OMEGA, long range navigation (LORAN-C), area
navigation (RNAV), marker beacon, distance measuring equipment
(DME);
(v) inertial systems such as inertia navigation system (INS) and inertia
reference (IRS);
(vi) functional displays;
(vii) fault indications and comparator systems;
(viii) aircraft transponders;
(ix) radio altimeters;
(x) weather radar;
(xi) cathode ray tube or computer generated displays of aircraft position
and navigation information;
(m) auto flight system—
(i) autopilot;
(ii) auto throttles;
(iii) flight director and navigation systems;
(iv) automatic approach tracking;
(v) auto land;
(vi) automatic fuel and performance management systems;
(n) flight instruments—
(i) panel arrangement;
(ii) flight instruments, including attitude indicator, directional gyro,
magnetic compass, airspeed indicator, vertical speed indicator,
altimeters, standby instruments;
(iii) instrument power sources, and instrument sensory sources, such as
pitot static pressure;
(o) display systems—

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(i) weather radar;


(ii) other Cathode ray tube (CRT) displays, such as checklist, vertical
navigation or longitudinal navigation displays;
(p) communication equipment—
(i) very high frequency (VHF) or high frequency (HF);
(ii) audio panels;
(iii) in flight interphone and passenger address systems;
(iv) voice recorder;
(v) aircraft communication addressing and reporting system (ACARS);
(q) warning systems—
(i) aural, visual, and tactile warning systems, including the character and
degree of urgency related to each signal;
(ii) warning and caution annunciator systems, including ground proximity
and take-off warning systems;
(r) fire protection—
(i) fire and overheat sensors, loops, modules, or other means of providing
visual or aural indications of fire or overheat detection;
(ii) procedures for the use of fire handles, automatic extinguishing
systems and extinguishing agents;
(iii) power sources necessary to provide protection for fire and overheat
conditions in engines, auxiliary power unit, cargo bay or wheel well,
cockpit, cabin and lavatories;
(s) oxygen—
(i) passenger, crew, and portable oxygen supply systems;
(ii) sources of oxygen such as gaseous or solid;
(iii) flow and distribution networks;
(iv) automatic deployment systems;
(v) regulators, pressure levels and gauges;
(vi) servicing requirements;
(t) lighting—
(i) cockpit, cabin, and external lighting systems;
(ii) power sources;
(iii) switch positions;
(iv) spare light bulb locations;
(u) lighting—
(i) cockpit, cabin, and external lighting systems;
(ii) power sources;
(iii) switch positions;
(iv) spare light bulb locations;
(v) lighting—
(i) cockpit, cabin, and external lighting systems;
(ii) power sources;
(iii) switch positions;
(iv) spare light bulb locations;
(w) emergency equipment—
(i) fire and oxygen bottles;
(ii) first aid kits;

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(iii) life rafts and life preservers;


(iv) crash axes;
(v) emergency exits and lights;
(vi) slides and slide rafts;
(vii) escape straps or handles;
(viii) hatches, ladders and movable stairs;
(v) auxiliary power unit—
(i) electric and bleed air capabilities;
(ii) interfaces with electrical and pneumatic systems;
(iii) inlet doors and exhaust ducts;
(iv) fuel supply.
(6) An AOC holder shall have an initial aircraft ground training curriculum for the flight
crew applicable to the type of operations conducted and aircraft flown, including at least the
following aircraft systems integration items—
(a) use of checklist:
(i) safety chocks;
(ii) cockpit preparation (switch position and checklist flows);
(iii) checklist callouts and responses;
(iv) checklist sequence;
(b) flight planning—
(i) performance limitations, including meteorological, weight, minimum
equipment list and configuration deviation list items;
(ii) required fuel loads;
(iii) weather planning, lower than standard take-off minimums or alternate
requirements;
(c) navigation systems—
(i) pre-flight and operation of applicable receivers;
(ii) onboard navigation systems;
(iii) flight plan information input and retrieval;
(d) auto flight: autopilot, auto thrust, and flight director systems, including the
appropriate procedures, normal and abnormal indications, and enunciators;
(e) cockpit familiarisation—
(i) activation of aircraft system controls and switches to include normal,
abnormal and emergency switches; and
(ii) control positions and relevant enunciators, lights, or other caution and
warning systems.
(7) An AOC holder may have separate initial aircraft ground training curricula of
varying lengths and subject emphasis which recognise the experience levels of a flight
crewmembers approved by the Authority.
201. Initial aircraft ground training: cabin crew
(1) A person shall not serve nor shall an air operator certificate (AOC) holder use a
person as a cabin crewmember unless that person has completed the initial ground training
approved by the Authority for aircraft type.
(2) Initial aircraft ground training for cabin crewmembers shall include the pertinent
portions of the operations manuals relating to aircraft specific configuration, equipment,
normal and emergency procedures for the aircraft types within the fleet.

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(3) An AOC holder shall have an initial ground training curriculum for cabin crew
members applicable to the type of operations conducted and aircraft flown, including at least
the following general subjects—
(a) aircraft familiarisation—
(i) aircraft characteristics and description;
(ii) cockpit configuration;
(iii) cabin configuration;
(iv) galleys;
(v) lavatories;
(vi) stowage areas;
(b) aircraft equipment and furnishings—
(i) cabin crew member stations;
(ii) cabin crew member panels;
(iii) passenger seats;
(iv) passenger service units and convenience panels;
(v) passenger information signs;
(vi) aircraft markings;
(vii) aircraft placards;
(c) aircraft systems—
(i) air conditioning and pressurisation system;
(ii) aircraft communication systems (call, interphone and passenger
address);
(iii) lighting and electrical systems;
(iv) oxygen systems (flight crew, observer and passenger);
(v) water system;
(d) aircraft exits—
(i) general information;
(ii) exits with slides or slide rafts for pre-flight and normal operation;
(iii) exits without slides pre-flight and normal operations;
(iv) window exits;
(e) crew member communication and coordination:
(i) authority of pilot-in-command;
(ii) routine communication signals and procedures;
(iii) crew member briefing;
(f) routine crew member duties and procedures—
(i) crew member general responsibilities;
(ii) reporting duties and procedures for specific aircraft;
(iii) pre-departure duties and procedures prior to passenger boarding;
(iv) passenger boarding duties and procedures;
(v) prior-to-movement-on-the-surface duties and procedures;
(vi) prior-to-take-off duties and procedures applicable to specific aircraft;
(vii) in-flight duties and procedures;
(viii) prior-to-landing duties and procedures;
(ix) movement on the surface and arrival duties and procedures;
(x) after-arrival duties and procedures; and
(xi) intermediate stops;

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(g) passenger handling responsibilities—


(i) crew member general responsibilities;
(ii) infants, children, and unaccompanied minors;
(iii) passengers needing special assistance;
(iv) passengers needing special accommodation;
(v) carry-on stowage requirements;
(vi) passenger seating requirements;
(vii) smoking and no-smoking requirements; and
(viii) approved Crew Resource Management (CRM) training.
(4) An AOC holder shall have an initial ground training curriculum for cabin crew
members applicable to the type of operations conducted and aircraft flown, including at least
the following aircraft specific emergency subjects—
(a) emergency equipment—
(i) emergency communication and notification systems;
(ii) aircraft exits;
(iii) exits with slides or slide rafts, emergency operation;
(iv) slides and slide rafts in a ditching;
(v) exits without slides emergency operation;
(vi) window exits emergency operation;
(vii) exits with tail cones (emergency operation);
(viii) cockpit exits emergency operation;
(ix) ground evacuation and ditching equipment;
(x) first-aid equipment;
(xi) portable oxygen systems, oxygen bottles, chemical oxygen
generators, protective breathing equipment;
(xii) fire-fighting equipment;
(xiii) emergency lighting systems; and
(xiv) additional emergency equipment;
(b) emergency assignments and procedures—
(i) general types of emergencies specific to aircraft;
(ii) emergency communication signals and procedures;
(iii) rapid decompression;
(iv) insidious decompression and cracked window and pressure seal
leaks;
(v) fires;
(vi) ditching;
(vii) ground evacuation;
(viii) unwarranted evacuation for example, passenger initiated;
(ix) illness or injury;
(x) abnormal situations involving passengers or crewmembers;
(xi) unlawful interference;
(xii) bomb threat;
(xiii) turbulence;
(xiv) other unusual situations; and
(xv) previous aircraft accidents and incidents; and
(c) aircraft specific emergency drills:

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(i) emergency exit drill;


(ii) hand fire extinguisher drill;
(iii) emergency oxygen system drill;
(iv) flotation device drill;
(v) ditching drill, if applicable;
(vi) life raft removal and inflation drill, if applicable;
(vii) slide raft pack transfer drill, if applicable;
(viii) slide or slide raft deployment, inflation, and detachment drill, if
applicable; and
(ix) emergency evacuation slide drill, if applicable.
(5) An AOC holder shall ensure that initial ground training for cabin crew members
includes a competence check to determine that person's ability to perform assigned duties
and responsibilities.
(6) An AOC holder shall ensure that initial ground training for cabin crew members
consists of at least the following programmed hours of instruction—
(a) multi-engine turbine: thirty two hours; and
(b) multi-engine reciprocating: sixteen hours.
(7) An operator shall ensure that a training programme is completed by all persons
before being assigned as a cabin crew member.
202. Competence checks: cabin crew members
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use
a person as a cabin crew member unless, within the preceding twelve months before
that service, that person has passed the competency check approved by the Authority
performing the emergency duties appropriate to that person's assignment.
(2) Evaluators shall conduct competency checks for cabin crew members to
demonstrate that the candidate's proficiency level is sufficient to successfully perform
assigned duties and responsibilities.
(3) A qualified supervisor or inspector approved by the Authority shall observe and
evaluate competency checks for cabin crew members.
(4) Evaluators shall include during each cabin crew member competency check a
demonstrated knowledge of—
(a) emergency equipment: emergency communication and notification systems;
(i) aircraft exits;
(ii) exits with slides or slide rafts (emergency operation);
(iii) slides and slide rafts in a ditching;
(iv) exits without slides (emergency operation);
(v) window exits (emergency operation); exits with tail cones (emergency
operation);
(vi) cockpit exits (emergency operation);
(vii) ground evacuation and ditching equipment;
(viii) first-aid equipment;
(ix) portable oxygen systems (oxygen bottles, chemical oxygen
generators, protective breathing equipment (PBE));
(x) fire-fighting equipment;
(xi) emergency lighting systems;
(xii) additional emergency equipment;
(b) emergency procedures—
(i) general types of emergencies specific to aircraft;

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(ii) emergency communication signals and procedures;


(iii) rapid decompression;
(iv) insidious decompression and cracked window and pressure seal
leaks;
(v) fires;
(vi) ditching;
(vii) ground evacuation;
(viii) unwarranted evacuation, for example that is passenger initiated;
(ix) illness or injury;
(x) abnormal situations involving passengers or crew members;
(xi) turbulence;
(xii) other unusual situations;
(c) emergency drills—
(i) location and use of all emergency and safety equipment carried on
the aircraft;
(ii) the location and use of all types of exits;
(iii) actual donning of a life jacket where fitted;
(iv) actual donning of protective breathing equipment;
(v) actual handling of fire extinguishers;
(d) crew resource management—
(i) decision making skills;
(ii) briefings and developing open communication;
(iii) inquiry, advocacy, and assertion training;
(iv) workload management;
(e) dangerous goods—
(i) recognition of and transportation of dangerous goods;
(ii) proper packaging, marking, and documentation; and
(iii) instructions regarding compatibility, loading, storage and handling
characteristics;
(f) security—
(i) unlawful interference; and
(ii) disruptive passengers.
(5) An operator should establish and maintain a cabin crew training programme
that is designed to ensure that persons who receive training acquire the competency to
perform their assigned duties and includes or makes reference to a syllabus for the training
programme in the company operations manual. The training programme should include
Human Factors training.
203. Initial training: flight operations officer
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a flight operations officer unless that person has completed the initial training
approved by the Authority.
(2) Aircraft initial flight operations officer training shall include the pertinent portions of the
operations manual relating to aircraft specific flight preparation procedures, performance,
mass and balance, systems, limitations for the aircraft types within the fleet.
(3) An AOC holder shall provide initial aircraft training for flight operations officers that
include instruction in at least the following general dispatch subjects—
(a) normal and emergency communications procedures;

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(b) available sources of weather information;


(c) actual and prognostic weather charts;
(d) interpretation of weather information;
(e) adverse weather phenomena, such as clear air turbulence, wind shear, and
thunderstorms;
(f) Notice to Airmen (NOTAM) system;
(g) navigational charts and publications;
(h) air traffic control and instrument flight rules procedures;
(i) familiarisation with operational area;
(j) characteristics of special aerodromes and other operationally significant
aerodromes which the operator uses, such as terrain, approach aids, or
prevailing weather phenomena;
(k) joint flight operations officer and group responsibilities; and
(l) approved crew resource management (CRM) training for flight operations
officers.
(4) An AOC holder shall provide initial aircraft training for flight operations officers that
include instruction in at least the following aircraft characteristics—
(a) general operating characteristics of the AOC holder's aircraft;
(b) aircraft specific training with emphasis on the following topics—
(i) aircraft operating and performance characteristics;
(ii) navigation equipment;
(iii) instrument approach and communications equipment; and
(iv) emergency equipment;
(c) flight manual training; and
(d) equipment training.
(5) An AOC holder shall provide initial aircraft training for flight operations officers that
include instruction in at least the following emergency procedures—
(a) assisting the flight crew in an emergency; and
(b) alerting of appropriate governmental, company and private agencies.
(6) An AOC holder shall ensure that initial ground training for flight operations officers
includes a competence check given by an appropriate supervisor or ground instructor that
demonstrates the required knowledge and abilities.
204. Initial flight training: flight crew member
(1) A person shall not serve nor shall an air operator certificate (AOC) holder use a
person as a flight crew member unless that person has completed the initial flight training
approved by the Authority for the aircraft type.
(2) Initial flight training of a flight crew member shall focus on the manoeuvring and safe
operation of the aircraft in accordance with AOC holder's normal, abnormal and emergency
procedures.
(3) An AOC holder may have separate initial flight training curriculum which recognise
the experience levels of flight crew members approved by the Authority.
(4) Flight training may be conducted in an appropriate aircraft or adequate synthetic
flight trainer—
(a) having landing capability; and
(b) qualified for training or checking on circling manoeuvres.
(5) An AOC holder shall ensure that pilot initial flight training includes at least the
following—
(a) preparation—

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(i) visual inspection, and use authorised of pictorial display for aircraft
with a flight engineer;
(ii) pre-taxi procedures;
(iii) performance limitations;
(b) surface operation—
(i) pushback;
(ii) powerback taxi, if applicable to type of operation to be conducted;
(iii) starting;
(iv) taxi;
(v) pre-take-off checks;
(c) take-off—
(i) normal;
(ii) crosswind;
(iii) rejected;
(iv) power failure after V1;
(v) lower than standard minimum, if applicable to type of operation to be
conducted;
(d) climb—
(i) normal;
(ii) one-engine inoperative during climb to en route altitude;
(e) en-route—
(i) steep turns;
(ii) approaches to stalls (take-off, en route, and landing configurations);
(iii) in-flight power plant shutdown;
(iv) in-flight power plant restart;
(v) in-flight power plant restart;
(vi) high speed handling characteristics;
(f) descent—
(i) normal;
(ii) maximum rate;
(g) approaches—
(i) visual flight rules (VFR) procedures;
(ii) visual approach with 50% loss of power on one-engine (2 engines
inoperative on 3-engine aircraft for pilot-in-command only);
(iii) visual approach with slat or flap malfunction;
(iv) instrument flight rules (IFR) precision approaches such as instrument
landing system normal and instrument landing system with one-engine
inoperative;
(v) IFR non-precision approaches non-directional radio beacon (NDB)
normal and VHF omni-directional radio range beacon (VOR) normal;
(vi) non-precision approach with one engine inoperative (Localizer
backcourse procedures, SDF or localizer type directional aid, a global
positioning system, TACAN and circling approach procedures);
(vii) missed approach from precision approach;
(viii) missed approach from non-precision approach; and
(ix) missed approach with engine failure;
(h) landings—

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(i) normal with a pitch mis-trim (small aircraft only);


(ii) normal from precision instrument approach;
(iii) normal from precision instrument approach with most critical engine
inoperative;
(iv) normal with 50% loss of power on one side (2 engines inoperative on
3-engine aircraft);
(v) normal with flap or slat malfunction;
(vi) rejected landings;
(vii) crosswind;
(viii) manual reversion or degraded control augmentation;
(ix) short or soft field small aircraft, land amphibian aircraft only; and
(x) glassy or rough water, seaplanes only;
(i) after landing—
(i) parking;
(ii) emergency evacuation;
(iii) docking, mooring, and ramping, seaplanes only;
(j) other flight procedures during any airborne phase—
(i) holding;
(ii) ice accumulation on airframe;
(iii) air hazard avoidance;
(iv) wind shear or microburst;
(k) normal, abnormal and alternate systems procedures during any phase—
(i) pneumatic or pressurisation;
(ii) air conditioning;
(iii) fuel and oil;
(iv) electrical;
(v) hydraulic;
(vi) flight controls;
(vii) anti-icing and de-icing systems;
(viii) autopilot;
(ix) flight management guidance systems and automatic or other approach
and landing aids;
(x) stall warning devices, stall avoidance devices, and stability
augmentation systems;
(xi) airborne weather radar;
(xii) flight instrument system malfunction;
(xiii) communications equipment;
(xiv) navigation systems;
(l) emergency systems procedures during any phase—
(i) aircraft fires;
(ii) smoke control;
(iii) power plant malfunctions;
(iv) fuel jettison;
(v) electrical, hydraulic, pneumatic systems;
(vi) flight control system malfunction; and
(vii) landing gear and flap system malfunction.

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(6) An AOC holder shall ensure that flight engineer training includes at least the following

(a) training and practice in procedures related to the carrying out of flight engineer
duties and functions, where this training and practice may be accomplished
either in flight or, in a synthetic flight trainer;
(b) training in knowledge and skills related to visual and instrument flight
procedures for the intended area of operation, human performance including
threat and error management and in the transport of dangerous goods; and
(c) a proficiency check as specified in regulation 201.
(7) The requirement for recurrent flight training in a particular type of helicopter shall
be considered fulfilled by—
(a) the use of flight simulation training devices approved by the Authority for that
purpose; or
(b) the completion within the appropriate period of the proficiency check in that
type of helicopter.
205. Initial specialised operations training
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a flight crew member unless that person has completed the appropriate initial
specialised operations training curriculum approved by the Authority.
(2) Specialised operations for which initial training curricula shall be developed include—
(a) low minima operations, including low visibility take-offs and Category II and
III operations;
(b) extended range operations;
(c) specialised navigation; and
(d) pilot-in-command right seat qualification.
(3) An AOC holder shall provide initial specialised operations training to ensure that
each pilot and flight operations officer is qualified in the type of operation in which that person
serves and in any specialised or new equipment, procedures, and techniques, such as—
(a) Class II navigation—
(i) knowledge of specialised navigation procedures, such as Required
Navigation Performance (RNP), Minimum Navigation Performance
System (MNPS) and Reduced Vertical Separation Minimum (RVSM);
and
(ii) knowledge of specialised equipment, such as Inertia Navigation
System (INS), Long Range Navigation (LORAN), OMEGA;
(b) Category II and CAT III operations approaches—
(i) special equipment, procedures and practice;
(ii) a demonstration of competency;
(c) lower than standard minimum take-offs—
(i) runway and lighting requirements;
(ii) rejected take-offs at or near V1 with a failure of the most critical engine;
(iii) taxi operations;
(iv) procedures to prevent runway incursions under low visibility
conditions;
(d) extended range operations with two turbine engine aeroplanes;
(e) airborne radar approaches; and
(f) autopilot instead of co-pilot.
206. Aircraft differences training

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(1) A person shall not serve nor shall an air operator certificate (AOC) holder use
a person as a crew member on an aircraft of a type for which a differences curriculum
is included in the AOC holder's approved training programme, unless that person has
satisfactorily completed that curriculum, with respect to both the crewmember position and
the particular variant of that aircraft.
(2) An operator shall ensure that a crew member completes—
(a) differences training which requires additional knowledge and training on an
appropriate training device or the aircraft—
(i) when operating another variant of an aircraft of the same type or
another type of the same class currently operated; or
(ii) when changing equipment procedures on types or variants currently
operated;
(b) familiarisation training which requires the acquisition of additional knowledge

(i) when operating another aircraft of the same type; or
(ii) when changing equipment procedures on types of variants currently
operated; and
(c) the operator referred to in subregulation (1)shall specify in the operations
manual when such differences training or familiarisation training is required.
(3) An AOC holder shall provide aircraft differences training for flight operations officers
when the operator has aircraft variances within the same type of aircraft, which includes at
least the following—
(a) operations procedures;
(i) operations under adverse weather phenomena conditions, including
clear air turbulence, wind shear, and thunderstorms;
(ii) mass and balance computations and load control procedures;
(iii) aircraft performance computations, to include take-off mass limitations
based on departure runway, arrival runway, and en-route limitations,
and also engine-out limitations;
(iv) flight planning procedures, to include route selection, flight time, and
fuel requirements analysis;
(v) dispatch release preparation;
(vi) crew briefings;
(vii) flight monitoring procedures;
(viii) flight crew response to various emergency situations, including the
assistance the aircraft flight operations officer can provide in each
situation;
(ix) minimum equipment list and configuration deviation list procedures;
(x) manual performance of required procedures in case of the loss of
automated capabilities;
(xi) training in appropriate geographic areas;
(xii) air traffic control and instrument flight rules procedures, to include
ground hold and central flow control procedures; and
(xiii) radiotelephony procedures; and
(b) emergency procedures—
(i) actions taken to aid the flight crew; and
(ii) AOC holder and Authority notification.
207. Use of synthetic flight trainers
A synthetic flight trainer that is used for flight crew member qualification shall—

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(a) be specifically approved by the Authority for the—


(i) air operator certificate holder;
(ii) type aircraft, including type variations, for which the training or check
is being conducted; and
(iii) particular manoeuvre, procedure, or flight crew member function
involved;
(b) maintain the performance, functional, and other characteristics that are
required for approval;
(c) be modified to conform with any modification to the aircraft being simulated
that results in changes to performance, functional, or other characteristics
required for approval;
(d) be given a daily functional pre-flight check before use;
(e) have a daily discrepancy logbook kept by the appropriate instructor or check
pilot at the end of each training or check flight; and
(f) for initial aircraft type training, be qualified for training and checking on the
circling manoeuvre.
208. Aircraft and instrument proficiency checks
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a pilot flight crew member unless, since the beginning of the sixth calendar month
before that service, that person has passed the proficiency check prescribed by the Authority
in the make and model of aircraft on which their services are required.
(2) A person shall not serve nor shall any AOC holder use a person as a flight
crew member in instrument flight rules operations unless, since the beginning of the sixth
calendar month before that service, that pilot has passed the instrument competency check
prescribed by the Authority.
(3) A flight crew member may complete the requirements of subregulations (1) and (2)
of this regulation simultaneously in a make and model of the aircraft.
(4) The completion of an approved operator training programme for the particular aircraft
type and the satisfactory completion of a pilot-in-command (PIC) proficiency check, shall
satisfy the requirement for an aircraft type rating practical test provided that the proficiency
check—
(a) includes all manoeuvres and procedures required for a type rating practical
test; and
(b) is conducted by an examiner.
(5) Aircraft and instrument proficiency checks for PIC and co-pilot shall include the
following operations and procedures listed in Table 6 below.
TABLE 6 — INSTRUMENT PROFICIENCY CHECK
Type of Operation or PIC or Co-Pilot Notes
Procedure
Ground Operations
Preflight inspection PIC/Co-Pilot
Taxing PIC/Co-Pilot Both pilots may take
simultaneous credit.
Powerplant checks PIC/Co-Pilot Both pilots may take
simultaneous credit.
Take-offs .
Normal PIC/Co-Pilot
Instrument PIC/Co-Pilot
Crosswind PIC/Co-Pilot
With powerplant failure PIC/Co-Pilot

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Rejected take-off PIC/Co-Pilot Both pilots may take


simultaneous credit. May be
waived
Instrument Procedures .
Area departure PIC/Co-Pilot May be waived.
Area arrival PIC/Co-Pilot May be waived.
Holding PIC/Co-Pilot May be waived.
Normal ILS approach PIC/Co-Pilot
Engine-out ILS PIC/Co-Pilot
Coupled ILS approach PIC/Co-Pilot Both pilots may take
simultaneous credit
Nonprecision approach PIC/Co-Pilot
Second nonprecision PIC/Co-Pilot
approach
Missed approach from an ILS PIC/Co-Pilot
Second missed approach PIC only
Circling approach PIC/Co-Pilot Only when authorized in the
AOC holder’s Operations
Manual. May be waived.
Inflight Maneuvers .
Steep turns PIC only May be waived.
Specific flight characteristics PIC/Co-Pilot
Approaches to stalls PIC/Co-Pilot May be waived.
Powerplant failure PIC/Co-Pilot
2 engine inoperative PIC/Co-Pilot
approach (3 and 4 engine
aircraft)
Normal landing PIC/Co-Pilot
Landing from an ILS PIC/Co-Pilot
Crosswind landing PIC/Co-Pilot
Landing with engine-out PIC/Co-Pilot
Landing from circling PIC/Co-Pilot Only if authorized in
approach Operations Manual. May be
waived.
Normal and Non-Normal PIC/Co-Pilot
Procedures
Rejected landing PIC/Co-Pilot
2 engine inoperative landing PIC only
(3 and 4 engine aircraft)
Other Events PIC or Co-Pilot Examiner’s discretion
(6) Examiners or check pilots may waive certain events on the proficiency check based
on an assessment of the pilot's demonstrated level of performance.
(7) The oral and flight phases of a proficiency check should not be conducted
simultaneously.
(8) When the examiner or check pilot determines that an pilot's performance is
unsatisfactory, the examiner or check pilot may terminate the immediately.
(9) If the proficiency check must be terminated for mechanical or other reasons, and
there are events which still need to be repeated, the examiner or check pilot shall issue a
letter of discontinuance, valid for sixty days, listing the specific areas of operation that have
been successfully completed.
(10) At least one of the two annual proficiency checks shall be conducted by an
examiner.
(11) The other proficiency check may be conducted by a check pilot or the Authority.
209. Introduction of new equipment or procedures

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A person shall not serve nor shall an air operator certificate (AOC) holder use a person as
a flight crewmember when that service would require expertise in the use of new equipment
or procedures for which a curriculum is included in the AOC holder's approved training
programme, unless that person has satisfactorily completed that curriculum, with respect to
both the crewmember position and the particular variant of that aircraft.
210. Pilot qualification: recent experience
(1) An air operator certificate (AOC) holder shall not use any person nor shall a person
serve as a required flight crew member, unless within the preceding ninety days, that person
has made at least three take-offs and landings in the aircraft type in which that person is
to serve.
(2) The take-offs and landings required by subregulation (1)may be performed in a visual
synthetic flight trainer approved by the Authority to include take-off and landing manoeuvres
and any person who fails to make the three required take-offs and landings within any
consecutive ninety-day period shall re-establish recency of experience as provided in
subregulation (3).
(3) In addition to meeting all applicable training and checking requirements of
these Regulations, a required flight crew member who has not met the requirements of
subregulation (1) shall re-establish recency of experience as follows—
(a) under the supervision of a check pilot, make at least three take-offs and
landings in the type of aircraft in which that person is to serve or if an advanced
synthetic flight trainer is used, the requirements of subregulation (4)shall be
met;
(b) the take-offs and landings required in this paragraph shall include—
(i) at least one take-off with a simulated failure of the most critical engine;
(ii) at least one landing from an instrument landing system approach
to the lowest instrument landing system minimum authorized for the
certificate holder; and
(iii) at least one landing to a full stop.
(4) A required flight crewmember who performs the manoeuvres prescribed in
subregulation (3) in a visual synthetic flight trainer shall—
(a) have previously logged one hundred hours of flight time in the same aircraft
type in which the pilot is to serve; and
(b) be observed on the first two landings made in operations under this Part by
an approved check pilot who acts as pilot-in-command and occupies a pilot
seat and the landings must be made in weather minima that are not less than
those contained in the AOC holder's operation specifications for Category I
operations, and shall be made within forty five days following completion of
synthetic flight trainer training.
(5) When using a synthetic flight trainer to accomplish any of the requirements of
subregulation (1) or (3), a required flight crew member position shall be operated as if in a
normal in-flight environment without use of the repositioning features of the synthetic flight
trainer.
(6) A check pilot who observes the take-offs and landings prescribed in subregulations
(3)(a) and (4) shall certify that the person being observed is proficient and qualified to
perform flight duty in operations under this Part and may require any additional manoeuvres
that are determined necessary to make this certifying statement.
211. Pilot operating limitations and pairing requirements
(1) Where a co-pilot has fewer than one hundred hours of flight time as co-pilot
in operations in the aircraft type being flown, and the pilot-in-command (PIC) is not an
appropriately qualified check pilot, the PIC shall make all take-offs and landings in the
following situations—

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(a) special airports designated by the Authority or special airports designated by


the air operator certificate (AOC) holder; and
(b) in any of the following conditions—
(i) the prevailing visibility value in the latest weather report for the airport
is at or below 1,200 m;
(ii) the Runway Visual Range (RVR) for the runway to be used is at or
below 4,000 feet;
(iii) the runway to be used has water, snow, slush or similar conditions that
may adversely affect aircraft performance;
(iv) the braking action on the runway to be used is reported to be less than
"good";
(v) the crosswind component for the runway to be used is in excess of
15 knots;
(vi) wind shear is reported in the vicinity of the airport; or
(vii) any other condition in which the PIC determines it to be prudent to
exercise the PIC's prerogative.
(2) A person shall not conduct operations under the Civil Aviation (Air Operator
Certification and Administration) Regulations, 2013 unless, for that type aircraft, either the
PIC or the co-pilot has at least seventy five hours of line operating flight time, either as PIC
or co-pilot.
(3) The Authority may, upon application by the AOC holder, authorize exemptions
from the requirements of this regulation by an appropriate amendment to the operations
specifications in any of the following circumstances—
(a) a newly certificated AOC holder does not employ any pilots who meet the
minimum requirements of this regulation;
(b) an existing AOC holder adds to its fleet an aircraft type not before proven for
use in its operations; or
(c) an existing certificate holder establishes a new domicile to which it assigns
pilots who will be required to become qualified on the aircraft operated from
that domicile.
213. Flight engineer proficiency checks
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a flight engineer on an aircraft unless within the preceding twelve calendar months
he has—
(a) had a proficiency check in accordance with the requirements prescribed by
the Authority; or
(b) 50 hours flight time for the AOC holder as flight engineer in the type aircraft.
(2) Examiners shall include during proficiency checks for flight engineers an oral or
written examination of the normal, abnormal, and emergency procedures listed below—
(a) normal procedures—
(i) interior pre-flight;
(ii) panel set-up;
(iii) fuel load;
(iv) engine start procedures;
(v) taxi and before take-off procedures;
(vi) take-off and climb pressurization;
(vii) cruise and fuel management;
(viii) descent and approach;
(ix) after landing and securing;

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(x) crew coordination;


(xi) situational awareness;
(xii) performance computations;
(xiii) anti-ice and de-ice measures;
(b) abnormal and emergency procedures—
(i) troubleshooting;
(ii) knowledge of checklist;
(iii) crew coordination;
(iv) minimum equipment list (MEL);
(v) configuration deviation list (CDL); and
(vi) emergency or alternate operation of aircraft flight systems.
214. Competence checks: flight operations officer
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use
a person as a flight operations officer unless, within the preceding twelve months before
that service, that person has passed the competency check, approved by the Authority,
performing the flight preparation and subsequent duties appropriate to that person's
assignment.
(2) Evaluators of the flight operations officer referred to under subregulation (1) shall
conduct competency checks for flight operations officers to demonstrate that the candidate's
proficiency level is sufficient to ensure the successful outcome of all dispatch operations.
(3) An authorized person shall observe and evaluate competency checks for flight
operations officers.
(4) Each competency check for flight operations officers shall include—
(a) an evaluation of all aspects of the dispatch function;
(b) a demonstration of the knowledge and abilities in normal and abnormal
situations; and
(c) an observation of actual flights being dispatched.
(5) An evaluator of newly hired flight operations officer shall include during initial
competency checks, an evaluation of all of geographic areas and types of aircraft the flight
operations officer shall be qualified to dispatch.
(6) The authorized person may approve a competency check of representative aircraft
types when, in his judgement, a check including all types is impractical or unnecessary.
(7) Evaluators may limit initial equipment and transition competency checks solely to
the dispatch of the types of aircraft on which the flight operations officer is qualifying, unless
the check is to simultaneously count as a recurrent check.
(8) An evaluator of flight operations officers shall include, during recurrent and re-
qualification competency checks, a representative sample of aircraft and routes for which
the flight operations officers maintains current qualification.
(9) A flight operations officer shall not qualify in extended range twin-engine operations
(ETOPS) or other special operations authorised by the Authority unless that flight operations
officer submits special operations competency checks to the Authority.
215. Supervised line flying: pilots
(1) A pilot initially qualifying as pilot-in-command (PIC) shall complete a minimum of ten
flights performing the duties of a PIC under the supervision of an check pilot.
(2) A PIC transitioning to a new aircraft type shall complete a minimum of five flights
performing the duties of a PIC under the supervision of an check pilot.
(3) A pilot qualifying for duties other than PIC shall complete a minimum of five flights
performing those duties under the supervision of an check pilot.

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(4) During the time that a qualifying PIC is acquiring operating experience, an authorised
instructor who is also serving as the PIC shall occupy a co-pilot station.
(5) In the case of a transitioning PIC, the check pilot serving as PIC may occupy the
observer's seat if the transitioning pilot has made at least two take-offs and landings in the
type aircraft used, and has satisfactorily demonstrated to the authorised instructor that he
is qualified to perform the duties of a PIC for that type of aircraft.
216. Supervised line flying: flight engineers
A flight engineer who has qualified on a new type rating on an aircraft shall perform
the functions of a flight engineer for a minimum of five flights under the supervision of a
flight instructor or qualified flight engineer approved by the air operator certificate holder and
accepted by the Authority.
217. Supervised line experience: cabin crew
A person training as a cabin crew member shall—
(a) perform the functions of a cabin crew member for a minimum of two flights
under the supervision of a cabin crew instructor; and
(b) not serve as a required crew member.
218. Line observations: flight operations officer
A person shall not serve nor shall any air operator certificate holder use a person as
a flight operations officer unless within the preceding twelve months before that service,
that person has observed, in the cockpit, the conduct of two complete flights over routes
representative of those for which that person is assigned duties.
219. Route and area checks: pilot qualification
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a pilot unless, within the preceding twelve months, that person has passed a route
check in which the person satisfactorily performed his assigned duties in one of the types
of aircraft he is to fly.
(2) A person shall not perform pilot-in-command (PIC) duties over a designated special
operational area that requires a special navigation system or procedures or in ETOPS
operations unless his competency with the system and procedures has been demonstrated
to the AOC holder within the past twelve months.
(3) A PIC of an aircraft shall demonstrate special operational competency by navigation
over the route or area as PIC under the supervision of a check pilot on an annual basis by
demonstrating a knowledge of—
(a) the terrain and minimum safe altitudes;
(b) the seasonal meteorological conditions;
(c) the search and rescue procedures;
(d) the navigational facilities and procedures, including any long-range navigation
procedures, associated with the route along which the flight is to take place;
(e) procedures applicable to flight paths over heavily populated areas of high
air traffic density, obstructions, physical layout, lighting, approach aids
and arrival, departure, holding and instrument approach procedures, and
applicable operating minima; and
(f) the meteorological, communication and air traffic facilities, services and
procedures.
220. Low minimums authorisation: PIC
Where a pilot-in-command (PIC) has not completed—
(a) fifteen flights performing PIC duties in an aircraft type, including five
approaches to landing using Category I or II operations procedures, that PIC

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shall not plan for or initiate an instrument approach when the ceiling is less
than 300 feet and the visibility is less than 2, 000 m; and
(b) twenty flights performing PIC duties in an aircraft including five approaches
and landing using Category III operations procedures, that PIC shall not plan
for or initiate an approach when the ceiling is less than 100 feet or the visibility
is less than 400 m runway visual range (RVR).
221. Designated special aerodromes and heliports: PIC qualification
(1) The Authority may determine that certain aerodromes, due to items such as
surrounding terrain obstructions, or complex approach or departure procedures are special
airport qualifications and that certain areas or routes, or both require a special type of
navigation qualification.
(2) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as pilot-in-command (PIC) for operations at special airport qualifications aerodromes
unless within the preceding twelve months the PIC—
(a) has been qualified by the AOC holder through a pictorial means acceptable
to the Authority for that aerodrome or heliport; or
(b) the assigned co-pilot has made a take-off and landing at that aerodrome or
heliport while serving as a flight crew member for the AOC holder.
222. Designated special airport qualifications aerodrome limitations
(1) Designated special airport qualifications aerodrome limitations are not applicable if
the operation occurs—
(a) during daylight hours;
(b) when the visibility is at least 5 km; and
(c) when the ceiling at that aerodrome is at least 1,000 feet above the lowest
initial approach altitude prescribed for an instrument approach procedure.
(2) Where helicopters are operated to or from heliports in a congested hostile
environment, the competent authority of the State in which the heliport is situated shall
specify the requirements to enable these operations to be conducted in a manner that gives
appropriate consideration for the risk associated with an engine failure.
223. Recurrent training and checking: flight crew members
(1) An operator shall ensure that—
(a) a flight crew member undergoes recurrent training listed in subregulation (2)
and checking in subregulation (3) and that all such training and checking is
relevant to the type or variant of aircraft on which the flight crew member
operates; and
(b) a recurrent training and checking programme is established in the operations
manual and approved by the Authority.
(2) Recurrent training referred to in subregulation (1) shall be conducted by the following
personnel—
(a) ground and refresher training: by suitably qualified personnel;
(b) aeroplane synthetic flight trainer training: by a authorized instructor or in the
case of the synthetic flight trainer content schedule, a synthetic flight trainer
authorized instructor provided that the authorized instructor or synthetic
flight trainer authorized instructor satisfied the operator's experience and
knowledge requirements sufficient to instruct on the items specified in the
operations manual;
(c) emergency and safety equipment training: by suitably qualified personnel;
(d) crew resource management training: by suitably qualified personnel to
integrate elements of crew resource management into all phases of recurrent
training; and

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(e) modular crew resource management training: by at least one Crew Resource
Management (CRM) trainer acceptable to the Authority who may be assisted
by experts in order to address specific areas.
(3) The recurrent checking referred to in subregulation (1) shall be conducted by the
following personnel—
(a) operator proficiency check: by a check pilot or flight engineer authorized by
the AOC holder and accepted by the Authority, as appropriate, or, if the check
is conducted in a synthetic flight trainer training device, by check pilot or
authorized flight engineer as appropriate; or
(b) line checks: by a check pilot of the operator and acceptable to the Authority;
and
(c) emergency and safety equipment checking by suitably qualified personnel
acceptable to the Authority.
(4) The period of validity of an operator proficiency check shall be—
(a) six months in addition to the remainder of the month of issue; or
(b) if issued within the final three months of validity of a previous operator
proficiency check, extended from the date of issue until six months from the
expiry date of that previous operator proficiency check.
(5) An operator shall ensure that each flight crew member undergoes a line check on
the aircraft to demonstrate his competence in carrying out normal line operations described
in the operations manual.
(6) The period of validity of a line check referred to in subregulation shall be—
(a) twelve months, in addition to the remainder of the month of issue; or
(b) if issued within the final three months of validity of a previous line check,
extended from the date of issue until twelve months from the expiry date of
that previous check.
(7) An operator shall ensure that each flight crew member undergoes training and
checking on the location and use of emergency and safety equipment carried.
(8) The period of validity of an emergency and safety equipment check referred to in
subregulation (7) shall be—
(a) twelve months in addition to the remainder of the month of issue; or
(b) if issued within the final three months of validity of a previous emergency and
safety check, extended from the date of issue until twelve months from the
expiry date of the previous emergency and safety equipment check.
(9) An operator shall ensure that—
(a) elements of CRM are integrated into all appropriate phases of the recurrent
training; and
(b) a flight crew member undergoes specific modular CRM training and all major
topics of CRM training shall be covered over a period not exceeding three
years.
(10) An operator shall ensure that each flight crew member undergoes ground and
refresher training at least every twelve months, if the training is conducted within three
months prior to the expiry of the twelve months period, the next ground and refresher training
must be completed within twelve months of the original expiry date of the previous ground
and refresher training.
(11) An operator shall ensure that each flight crew member undergoes aircraft training
or synthetic flight trainer training at least every six months, if the training is conducted within
three months prior to the expiry of the twelve months period, the next aircraft or synthetic
flight trainer training must be completed within six months of the original expiry date of the
previous aircraft or synthetic flight trainer training.
224. Recurrent training: cabin crew members

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(1) An operator shall ensure that a cabin crew member undergoes recurrent training,
covering the actions assigned to each cabin crew member in normal and emergency
procedures and drills relevant to the type or variant of aircraft on which they operate as
specified in this regulation.
(2) An operator shall ensure that the recurrent training and checking programme,
approved by the Authority includes theoretical and practical instruction together with
individual practice as provided in this regulation.
(3) The period of validity of recurrent training and the associated checking required by
this regulation shall be twelve months in addition to the remainder of three-month of issue.
(4) If issued within the final three calendar months of validity of a previous check, the
period of validity shall extend from the date of issue until twelve months from the expiry date
of that previous check.
(5) An operator shall ensure that recurrent training required under this regulation is
conducted by suitably qualified persons.
(6) An operator shall ensure that every twelve months, the programme of practical
training includes the following—
(a) emergency procedures including pilot incapacitation;
(b) evacuation procedures including crowd control techniques;
(c) touch-drills by each cabin crew member for opening normal and emergency
exists for passenger evacuation;
(d) the location and handling of emergency equipment, including oxygen
systems, and the donning by each cabin crew member of lifejackets, portable
oxygen and protective breathing equipment;
(e) first aid and the contents of the first aid kit;
(f) stowage of articles in the cabin;
(g) security procedures;
(h) incident and accident review; and
(i) crew resource management.
(7) An operator shall ensure that, at intervals not exceeding three years, recurrent
training for cabin crew members also includes—
(a) the operation and actual opening of all normal and emergency exits for
passenger evacuation in an aeroplane or representative training device;
(b) demonstration of the operation of all other exits including cock pit windows;
(c) the training of cabin crew member undergoing realistic and practical training
in the use of all fire-fighting equipment, including protective clothing,
representative of that carried in the aeroplane shall include—
(i) each cabin crew member extinguishing a fire characteristic of an
aeroplane interior fire except that, in the case of Halon extinguishers,
an alternative extinguishing agent may be used; and
(ii) the donning and use of protective breathing equipment by each cabin
crew member in an enclosed, simulated smoke-filled environment;
(d) use of pyrotechnics, actual or representative devices; and
(e) demonstration of the use of the life-raft, or slide-raft, where fitted.
(8) An operator shall ensure that all appropriate requirements in these regulations are
included in the training of cabin crew members.
225. Recurrent training: flight operations officers
(1) A person shall not serve nor shall an air operator certificate (AOC) holder use a
person as a flight operations officer unless within the preceding twelve months that person
has completed the recurrent ground curricula approved by the Authority.

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(2) An AOC holder shall establish and maintain a recurrent training programme,
approved by the Authority and established in the AOC holder's operations manual, to be
completed annually by each flight operations officer.
(3) A flight operations officer shall undergo recurrent training relevant to the type or
variant of aircraft and operations conducted by the AOC holder.
(4) An AOC holder shall conduct all recurrent training, of flight operations officers, by
suitably qualified personnel.
(5) An AOC holder shall ensure that, every twelve months, each flight operations officer
receive recurrent training in at least the following—
(a) aircraft-specific flight preparation;
(b) emergency assistance to flight crews;
(c) crew resource management; and
(d) recognition and transportation of dangerous goods.
(6) An AOC holder may administer each of the recurrent ground and flight training
curricula concurrently or intermixed, but shall record completion of each of these curricula
separately.
226. Check pilot training
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a check pilot in an aircraft or check pilot in a synthetic flight trainer in a training
programme unless, with respect to the aircraft type involved, that person has satisfactorily
completed the appropriate training phases for the aircraft, including recurrent training, that
are required to serve as pilot-in-command (PIC).
(2) An AOC holder shall ensure that initial ground training for check pilots includes—
(a) check pilot duties, functions, and responsibilities;
(b) applicable regulations and the AOC holder's policies and procedures;
(c) appropriate methods, procedures, and techniques for conducting the required
checks;
(d) proper evaluation of student performance including the detection of—
(i) improper and insufficient training,
(ii) personal characteristics of an applicant that could adversely affect
safety;
(e) appropriate corrective action in the case of unsatisfactory checks; and
(f) approved methods, procedures, and limitations for performing the required
normal, abnormal, and emergency procedures in the aircraft.
(3) Transition ground training for all check pilots shall include the approved methods,
procedures, and limitations for performing the required normal, abnormal, and emergency
procedures applicable to the aircraft to which the check pilot is in transition.
(4) An AOC holder shall ensure that the initial and transition flight training for check
pilots in an aircraft includes—
(a) training and practice in conducting flight evaluations, from the left and right
pilot seats for pilot check pilots in the required normal, abnormal, and
emergency procedures to ensure competence to conduct the flight checks;
(b) the potential results of improper, untimely, or non-execution of safety
measures during an evaluation; and
(c) the safety measures, to be taken from either pilot seat for pilot check pilots,
for emergency situations that are likely to develop during an evaluation.
(5) An AOC holder shall ensure that the initial and transition flight training for check
pilots in a synthetic flight trainer includes—

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(a) training and practice in conducting flight checks in the required normal,
abnormal, and emergency procedures to ensure competence to conduct the
evaluations checks required by this regulation; and
(b) training in the operation of synthetic flight trainers to ensure competence to
conduct the evaluations required by this regulation.
(6) An AOC holder shall accomplish flight training for check pilot in full or in part in an
aircraft, in flight in a synthetic flight trainer, as appropriate.
227. Authorised instructor or synthetic flight trainer and authorised
instructor training
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use
a person as an authorised instructor or a synthetic flight trainer authorised instructor in a
training programme unless—
(a) that person has satisfactorily completed initial or transition authorised
instructor or a synthetic flight trainer authorised instructor training, as
appropriate; and
(b) within the preceding twenty-four months, that person satisfactorily conducts
instruction under the observation of an authorized person, an AOC holder's
check pilot, an authorised flight engineer, as appropriate, or an examiner
employed by the AOC holder.
(2) An AOC holder shall accomplish the observation check for a authorized instructor
or a synthetic flight trainer authorised instructor, in part or in full, in an aircraft, or a synthetic
flight trainer; as appropriate.
(3) An AOC holder shall ensure that initial ground training for an authorised instructor
and synthetic flight trainer authorised instructor includes the following—
(a) the duties, functions, and responsibilities;
(b) applicable regulations and the AOC holder's policies and procedures;
(c) appropriate methods, procedures, and techniques for conducting the required
checks;
(d) proper evaluation of trainee performance including the detection of—
(i) improper and insufficient training;
(ii) personal characteristics of an applicant that could adversely affect
safety;
(e) appropriate corrective action in the case of unsatisfactory checks;
(f) approved methods, procedures, and limitations for performing the required
normal, abnormal, and emergency procedures in the aircraft; and
(g) except for holders of a flight instructor licence—
(i) the fundamental principles of the teaching-learning process;
(ii) teaching methods and procedures; and
(iii) the instructor-trainee relationship.
(4) An AOC holder shall ensure that the transition ground training for an authorised
instructor and synthetic flight trainer authorised instructor includes the approved methods,
procedures, and limitations for performing the required normal, abnormal, and emergency
procedures applicable to the aircraft to which the authorised instructor is in transition.
(5) An AOC holder shall ensure that the initial and transition flight training for an
authorised instructor and synthetic flight trainer authorised instructor includes the following—
(a) the safety measures for emergency situations that are likely to develop during
instruction
(b) the potential results of improper, untimely, or non-execution of safety
measures during instruction;
(c) for pilot authorised instructor—

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(i) in-flight training and practice in conducting flight instruction from


the left and right pilot seats in the required normal, abnormal, and
emergency procedures to ensure competence as an instructor; and
(ii) the safety measures to be taken from either pilot seat for emergency
situations that are likely to develop during instruction; and
(d) for authorised flight engineer instructor, in-flight training to ensure
competence to perform assigned duties.
(6) An AOC holder shall accomplish the flight training requirements for an authorised
instructor in full or in part in an aircraft, in flight or in a synthetic flight trainer.
(7) An AOC holder shall ensure that the initial and transition flight training for synthetic
flight trainer authorised instructor includes the following—
(a) training and practice in the required normal, abnormal, and emergency
procedures to ensure competence to conduct the flight instruction required
by this regulation, where the training and practice are accomplished in full or
in part in a synthetic flight trainer; and
(b) training in the operation of synthetic flight trainers, to ensure competence to
conduct the flight instruction required by this regulation.
228. Authorised instructor qualifications
An air operator certificate (AOC) holder shall not use a person nor shall any person serve
as an instructor in an established training programme unless, with respect to the aircraft
type involved, that person—
(a) holds licences and ratings required to serve as a pilot-in-command (PIC) or
a flight engineer;
(b) has satisfactorily completed the appropriate training phases for the aircraft,
including recurrent training, that are required to serve as a PIC or a flight
engineer, as applicable;
(c) has satisfactorily completed the appropriate proficiency, competency and
recency of experience checks that are required to serve as a PIC or a flight
engineer, as applicable;
(d) has satisfactorily completed the applicable initial or transitional training
requirements and the Authority-observed in-flight competency check; and
(e) holds a Class 1 medical certificate.
229. Check pilot and authorised flight engineer qualifications
An air operator certificate (AOC) holder shall not use a person, nor shall any person
serve as a check pilot or an flight engineer authorised by the AOC holder and accepted by
the Authority in an established training programme unless, with respect to the aircraft type
involved, that person—
(a) holds the pilot licences and ratings required to serve as a pilot-in-command
(PIC) or a flight engineer;
(b) has satisfactorily completed the appropriate training phases for the aircraft,
including recurrent training, that are required to serve as a PIC or a flight
engineer;
(c) has satisfactorily completed the appropriate proficiency, competency and
recency of experience checks that are required to serve as a PIC or a flight
engineer;
(d) has satisfactorily completed the applicable initial or transitional training
requirements and the Authority- observed in-flight competency check;
(e) holds Class I or II medical certificate as may be applicable; and
(f) has been approved by the Authority for the check pilot or authorised flight
engineer duties involved as applicable.

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230. Check pilot designation


A person shall not serve nor shall any air operator certificate (AOC) holder use a person
as a check pilot for any flight check unless that person has been designated by name for
specified function by the Authority within the preceding twelve months.
231. Check pilot authorizations and limitations
(1) A person shall not serve nor shall any air operator certificate (AOC) holder use a
person as a check pilot for any check—
(a) in an aircraft as a required flight crew member unless that person holds the
required flight crew licence and ratings and has completed for the AOC holder
all applicable training, qualification and currency requirements under these
Regulations applicable to the crew position and the flight operations being
checked;
(b) in an aircraft as an observer check pilot unless that person holds the pilot
licences and ratings and has completed all applicable training, qualification
and line observation requirements under these Regulations applicable to the
position and the flight operations being checked; or
(c) in a synthetic flight trainer unless that person has completed or observed with
the AOC holder all training, qualification and line observation requirements
under these Regulations applicable to the position and flight operations being
checked.
(2) For purposes of subregulation (1), a check pilot is authorized to—
(a) conduct proficiency or competency checks, line checks, and special
qualification checks;
(b) supervise the re-establishment of landing currency; and
(c) supervise any initial operating experience requirements prescribed by the
regulations or the Authority.
232. Synthetic flight trainer approval
An air operator certificate (AOC) holder shall not use a synthetic flight trainer for—
(a) training or checking unless that synthetic flight trainer has been specifically
approved for the AOC holder in writing by the Authority; or
(b) any purpose other than that specified in the Authority's approval.
233. Line qualification: check pilot and instructor
A person shall not serve nor shall any air operator certificate holder use a person as a
check pilot or synthetic flight trainer instructor unless, within the preceding twelve months
before that service, that person has—
(a) flown at least five flights as a required flight crew member for the type of
aircraft involved; or
(b) observed, in the cockpit, the conduct of two complete flights in the aircraft
type to which the person is assigned.
234. Termination of a proficiency, competence or line check
An air operator certificate holder shall not use a crew member or flight operations officer
in whose check was terminated in commercial air transport operations until the completion of
a satisfactory recheck of that crew member or flight operations officer has been carried out.
235. Recording of crewmember qualifications
(1) The air operator certificate holder shall record and maintain for each crew member
and flight operations officer, a record of each test and check as required by these
Regulations.

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(2) A pilot may complete the curricula required by these Regulations concurrently or
intermixed with other required curricula, but completion of each of these curricula shall be
recorded separately.
236. Monitoring of training and checking activities
(1) To enable adequate supervision of its training and checking activities, an air operator
certificate (AOC) holder shall forward to the Authority at least five working days prior to the
scheduled activity, the dates, location, reporting times and report of all—
(a) training for which a curriculum is approved in the AOC holder's training
programme; and
(b) proficiency, competence and line checks.
(2) Failure to provide the information required by subregulation (1) may invalidate the
training or check and the Authority may require that it be repeated for observation purposes.
237. Eligibility period
(1) A crew member who is required to take a proficiency check, a test or competency
check, or recurrent training to maintain qualification for commercial air transport operations
shall complete those requirements at any time during the eligibility period.
(2) The eligibility period is defined as the three month period including the month prior,
the month due, and the month after any due date specified by these Regulations.
(3) Completion of the requirement at any time during the period shall be considered as
completed in the month due for calculation of the next due date.
PART IX – FATIGUE OF CREW AND PROTECTION
OF FLIGHT CREW FROM COSMIC RADIATION
Fatigue of Crew
238. Application, interpretation and modification
(1) This Sub-Part shall apply to an aircraft registered in Kenya which is—
(a) engaged on a flight for the purpose of commercial air transport; or
(b) operated by a commercial air transport operation undertaking.
(2) This Sub-Part, shall not apply in relation to a flight made only for the purpose of
instruction in flying given by or on behalf of a flying club or a flying school or a person, who
is not a commercial air transport operation undertaking.
(3) In this Sub-Part, unless the context otherwise requires—
"approval" means an authorization granted by an appropriate national authority for

(a) the transport of dangerous goods forbidden on passenger and/or cargo
aircraft where the Technical Instructions state that such goods may be
carried with an approval; or
(b) other purposes as provided for in the Technical Instructions;
"Dangerous goods accident" means an occurrence associated with and related
to the transport of dangerous goods by air which results in fatal or serious injury to a
person or major property or environmental damage;
"Dangerous goods incident" means an occurrence, other than a dangerous goods
accident, associated with and related to the transport of dangerous goods by air, not
necessarily occurring on board an aircraft, which results in injury to a person, property
or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other
evidence that the integrity of the packaging has not been maintained. Any occurrence
relating to the transport of dangerous goods which seriously jeopardizes the aircraft or
its occupants is also deemed to constitute a dangerous goods incident;

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"Duty and flight duty" means any task that flight or cabin crew members are
required by the operator to perform, including, for example, flight duty, administrative
work, training, positioning and standby when it is likely to induce fatigue;
"duty period," in relation to any person who flies in an aircraft as a member of the
flight crew, means any continuous period throughout which he is, under the provisions
of subregulation (4)or (5), to be treated as being on duty:
Provided that where two or more periods which are separated by an interval of less
than 10 hours, the period starting when the first of those duty periods began and finishing
when the last of them ended shall be treated as constituting a single continuous duty
period; and "rest period", in relation to any person, means any continuous period no
part of which forms part of a duty period of that person.
"Duty period" means a period which starts when a flight or cabin crewmember is
required by an operator to report for or to commence a duty and ends when that person
is free from all duties;
"Exemption" means an authorization issued, other than an approval, granted by
an appropriate national authority providing relief from the provisions of the Technical
Instructions;
"Fatigue" means a physiological state of reduced mental or physical performance
capability resulting from sleep loss or extended wakefulness, circadian phase, or
workload (mental and/or physical activity) that can impair a crewmember's alertness and
ability to safely operate an aircraft or perform safety-related duties;
"Flight duty period" means a period which commences when a crew member is
required to report for duty that includes a flight or a series of flights and which finishes
when the aeroplane finally comes to rest at the end of the last flight on which he/she
is a crew member;
"flight time," in relation to any person, means all the time spent by that person in an
aircraft, whether or not registered in Kenya , other than an aircraft of which the maximum
total weight authorized does not exceed 1,600 kg, which is not flying for the purpose
of commercial air transport operation or aerial work, while it is in flight and the person
is carried therein as a crew member crew; and in respect of this Sub-Part, only in the
calculation of flight, flying at night shall be counted at the rate of one and one quarter
times the actual flight time;
"Home base" means the location nominated by the operator to the crew member
from where the crew member normally starts and ends a duty period or a series of duty
periods;
"Positioning" means the transferring of a non-operating crew member from place
to place as a passenger at the behest of the operator;
"Reporting time" means the time at which flight and cabin crew members are
required by an operator to report for duty;
"Rest period" means a continuous and defined period of time, subsequent to and/
or prior to duty, during which flight or cabin crewmembers are free of all duties;
"Roster" means a list provided by an operator of the times when a crew member
is required to undertake duties;
"Standby" means a defined period of time during which a flight or cabin crew
member is required by the operator to be available to receive an assignment for a specific
duty without an intervening rest period;
"State of Origin" means the State in the territory of which the cargo consignment
was first loaded on an aircraft;
"Suitable accommodation" means a furnished bedroom which provides for the
opportunity of adequate rest;

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"Technical Instructions" means the Technical Instructions for the Safe Transport
of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance
with the procedure established by the ICAO Council; and
"Unforeseen operational circumstance" means an unplanned event, such as
unforecast weather, equipment malfunction, or air traffic delay that is beyond the control
of the operator.
(4) For the purpose of this Sub-Part, a person who is employed under a contract of
service to fly in an aircraft as a crew member of the flight crew shall be treated as being
on duty at any time when in the course of that employment he flies in any aircraft whether
as a crew member of its crew or as a passenger and whether or not the aircraft is such
an aircraft as is referred to in subregulation (1) or he is otherwise acting in the course of
that employment:
Provided that when that person is not flying in an aircraft—
(a) subject to paragraph (c), he shall not be treated as being on duty during any
period which he is allowed to rest;
(b) subject to paragraph (c), he shall not be treated as being on duty at any time
by reason only of his being required at that time to be available at a particular
place to report for duty if required to do so; and
(c) he shall be treated as being on duty at any time when he is required to be
available at 'a particular place to report for duty if required to do so if—
(i) that place is at an aerodrome; or
(ii) that place, not being at an aerodrome, is a place at which his employer
requires persons, similarly, employed to be available and adequate
facilities for rest are not available for his use while he is required to
be so available.
(5) For the purposes of this sub-Part, a person who flies in an aircraft as a crew member,
otherwise than in the course of his employment under a contract of service to fly, shall be
treated as being on duty at any time when, in connection with any business of operating an
aircraft, he flies in any aircraft whether as a crew member or as a passenger and whether,
or not the aircraft is such an aircraft as is referred to in subregulation (1) or does any work.
(6) For the purposes of this sub-Part, references to a person flying in an aircraft as
a crew member include references to the operator of the aircraft who himself flies in the
aircraft in any such, capacity, and references to the work and other duties which a person
is required or permitted by an operator to carry out shall in any such case be construed as
references to any work carried out by that operator in connection with the management of
aircraft or with any business which includes the flying of aircraft.
(7) Notwithstanding this sub-Part, the Authority may, in respect of scheduled services,
approve schedules and crew roster programmes where the Authority considers that special
circumstances justify an extension of the duty period but in any event the flight time involved
shall not exceed 50 per cent of the maximum duty period.
239. Establishment of limits on flight times, flight duty periods and rest
periods
(1) Notwithstanding regulation 240, and for the purposes of ensuring that the
requirements of those provisions are complied with, every operator of an aircraft to which this
regulation applies shall establish for every person flying in that aircraft as a crew member—
(a) limits on the aggregate of all that persons flight times during every period of
twenty-eight consecutive days;
(b) limits on that person flight duty period; and
(c) minimum rest periods which that person is to have immediately before any
duty period in the course of which he makes any flight.

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(2) The limits and minimum rest periods referred to in subregulation (1) shall be limits and
minimum rest periods which the operator is satisfied, after taking into account the matters
mentioned in subregulation (3), are such that, if every crew member observes those limits
and has those minimum rest periods, the safety of the aircraft on any flight is not likely to
be endangered by reason of any fatigue which may be caused by the work or other duties
which the crew members are required or permitted by that operator to carry out; and different
limits and different minimum rest periods may be established either for different persons or
for different classes of persons and for different circumstances.
(3) The matters which an operator shall take into account in establishing the limits and
minimum rest periods referred to in subregulation (1) are, the nature of the work and other
duties which those persons will carry out, and all the circumstances arising out of the carrying
out of that work and those duties, which may affect the degree of fatigue from which those
persons may suffer while they are making a flight in an aircraft to which this regulation applies
in any such capacity as is mentioned in subregulation (1) including—
(a) the area in which the flight will be made;
(b) the number of landings which will be made during the course of each flight
duty period;
(c) the amount of night flying during each flight duty period; and
(d) the number of consecutive occasions on which each crew member will be
required to fly for the maximum period permitted under this sub-Part.
(4) No limits or minimum rest periods may be established under subregulation (1) which
would require or permit any person to fly in any aircraft at a time when such flying would
constitute a contravention of any of the provisions of these Regulations, or would require or
permit any person to fly in any aircraft as a crew member thereof within the period of one
hour immediately preceding the end of the specified time referred to in subregulation (2)
of regulation 239 or, when the specified time is twenty-four hours, within the period of two
hours immediately preceding the end of the specified time.
(5) An operator of an aircraft holder to which this regulation applies shall not permit that
aircraft to make a flight unless limits and minimum rest periods have been established in
accordance with the provisions of this regulation so as to apply to every crew member.
(6) An operator of an aircraft to which this regulation applies shall take all such steps
as are reasonably practicable to ensure that all limits for the time being established by
that operator in accordance with the provisions of this regulation are observed, and that no
person for whom minimum rest periods are for the time being so established makes any
flight in an aircraft to which this regulation applies, unless immediately before the duty period
in the course of which that person makes the flight, the person has had the appropriate rest
period so established.
(7) Notwithstanding anything contained in this regulation, an operator of an aircraft to
which this regulation applies may confer upon the pilot-in-command (PIC) a discretion to
make, or authorize any person to make, a flight in that aircraft in such circumstances that
the PIC or that other person will not observe the limits or will not have had the minimum
rest periods established by that operator under this regulation and applicable to the PIC or
that other person.
(8) The discretion set out in subregulation (7) shall not be exercisable unless—
(a) it appears to the PIC that—
(i) arrangements had been made for the flight to be made with such a
crew and so as to begin and end at such times that if the flight had
been made in accordance with those arrangements each member of
the crew would have observed the limits and have had the minimum
rest periods established by the operator and applicable to them, and
that since those arrangements were made the flight has been or will be
prevented from being made in accordance with those arrangements by
reason of circumstances which were not foreseen, as likely to prevent
that flight from being so made; or

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(ii) the flight is one which ought to be carried out in the interests of the
safety or health of any person; and
(b) the PIC is satisfied that the safety of the aircraft on that flight will not be
endangered if the PIC or that other person makes that flight.
(9) An operator of an aircraft to which this regulation applies shall include in every
operations manual to be provided under the Civil Aviation (Air Operator Certificate and
Administration) Regulations, 2013 for the use and guidance of the crew members of that
aircraft, or in any case where no such manual is required, in a document to be provided
for the use and guidance of those members, full particulars of all limits and minimum rest
periods for the time being established under this regulations which may affect any of those
members, and of any discretion conferred upon the PIC of that aircraft under subregulations
(7) and (8).
(10) Subject to subregulation (9) and without prejudice to any other provisions of the Civil
Aviation (Air Operator Certification and Administration) Regulations, 2013 an operator shall,
whenever requested to do so by a person authorized, in that behalf by the Authority, furnish
that person with a copy of all particulars from time to time included in any such operations
manual or document in accordance with the requirements referred to in subregulation (9).
(11) An operator shall establish and implement a fatigue management programme that
ensures that all operator personnel involved in the operation and maintenance of aircraft do
not carry out their duties when fatigued and the programme shall address flight and duty
times and be included in the operations manual.
240. Maximum flight duty periods for crewmember
(1) A person shall not fly in an aircraft to which this regulation applies as a crew member
in the course of any duty period of that person after more than the specified time has elapsed
since the beginning of that duty period.
(2) In subregulation (1), the expression "specified time" means—
(a) in relation to a pilot, whenever paragraph (b) does not apply, eleven hours;
except that, if during the duty period there has been a period of not less
than five continuous hours throughout which that person has not flown in
any aircraft to which this regulation applies, or performed any duties, this
paragraph shall have effect as if twelve hours were substituted for eleven
hours;
(b) in relation to a person who, at all times when that person flies as a pilot in the
course of his duty period, is one of two or more persons carried as pilots of
an aircraft undertaking—
(i) an international flight or service – fifteen hours;
(ii) a flight within Kenya – twelve hours;
(iii) except that if during the duty period there has been a period of not less
than five continuous hours throughout which that person has not flown
in any aircraft to which this regulation applies or performed any duties,
this paragraph shall have effect as if fifteen hours were substituted for
twelve hours and twenty hours were substituted for fifteen hours if that
person is one of three or more persons carried as pilots of the aircraft
and the following conditions are fulfilled—
(c) in relation to a flight engineer fifteen hours; except that this paragraph shall
have effect as if twenty four hours were substituted for fifteen hours in relation
to a person who, at all times when that person flies as a flight engineer in
the course of his duty period, is one of two or more persons carried as flight
engineers of the aircraft, if the following conditions are fulfilled—
(i) at least one of the flight engineers is carried in addition to the crew
members who are required to be carried in the circumstances by or
under these Regulations;

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(ii) one suitable bunk is always available for the use only of flight
engineers; and
(iii) each of the flight engineers has, during the duty period, been afforded
opportunities of resting for a reasonable time; and
(iv) which shall apply to cabin crew member as it applies to flight
engineers;
(v) in relation to a cabin crew – fifteen hours.
(3) The maximum total hours associated with the duty periods undertaken by any crew
member shall not exceed one hundred and sixty hours during any period of twenty-eight
days; except that whenever a crew member exceeds one hundred and twenty hours "non-
flying time" that member shall not, because of this, be disqualified from further flying duties
providing all other requirements are met.
241. Minimum rest periods for crew members
(1) Notwithstanding regulation 239 a person shall not fly in an aircraft to which this
regulation applies as a crewmember unless immediately before the duty period in the course
of which that person makes that flight the person has had a sufficient rest period, as set
out in Table 7 below.
TABLE 7 – MINIMUM REST PERIODS FOR FLIGHT CREW
Length of immediately preceding duty period Minimum length of sufficient rest period
Not exceeding 10 hours 11 hours
Exceeding 10 but not exceeding 11 hours 12 hours
Exceeding 11 but not exceeding 12 hours 13 hours
Exceeding 12 but not exceeding 13 hours 14 hours
Exceeding 13 but not exceeding 14 hours 15 hours
Exceeding 14 but not exceeding 15 hours 16 hours
Exceeding 15 but not exceeding 16 hours 17 hours
Exceeding 16 but not exceeding 17 hours 19 hours
Exceeding 17 but not exceeding 18 hours 21 hours
Exceeding 18 but not exceeding 19 hours 23 hours
Exceeding 19 but not exceeding 20 hours 25 hours
Exceeding 20 but not exceeding 21 hours 27 hours
Exceeding 21 but not exceeding 22 hours 29 hours
Exceeding 22 but not exceeding 23 hours 31 hours
Exceeding 23 hours 33 hours
(2) Where a rest period is taken by a person at a place which is not within 50 miles
away that person's to ordinary place of residence, it shall be deemed to be a sufficient rest
period if it includes a period of eight hours falling between 22:00 and 08:00 hours local time
as set out in Table 8 below.
TABLE 8. — MINIMUM REST PERIOD: DISTANCE NOT WITHIN
50 MILES OF PLACE OF RESIDENCE
Length of immediately preceeding duty Minimum length of sufficient rest period
period
Exceeding 10 but not exceeding 11 hours 10 hours
Exceeding 11 but not exceeding 12 hours 12 hours
Exceeding 12 but not exceeding 14 hours 13 hours
Exceeding 14 but not exceeding 17 hours 15 hours
Exceeding 17 but not exceeding 20 hours 16 hours
Exceeding 20 but not exceeding 23 hours 17 hours
Exceeding 23 hours 18 hours
(3) The length of the duty periods established in this regulation are adjusted to allow for
duty time before and after a flight or series of flights which make up one duty period.

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242. Duty and rest periods for flight operations officers


(1) An air operator certificate (AOC) holder shall not schedule a flight operations officer
for more than 10 consecutive hours of duty within a 24 consecutive hour period, unless that
person is given an intervening rest period of at least 8 hours at or before the end of the
10 hours duty.
(2) Each AOC holder shall establish the daily duty period for a flight operations officer
so that it includes a time that allows him or her to become thoroughly familiar with existing
and anticipated weather conditions along the route before he or she dispatches any aircraft.
243. Records of flight times and duty periods
(1) An operator of an aircraft to which this regulation applies shall not cause or permit
any person to fly as a crew member unless the operator has in his possession an accurate
and up-to-date record maintained by him or by another operator of aircraft in respect of that
person and in respect of the twenty-eight days immediately preceding the flight showing—
(a) the times of the beginning and end of each flight in any aircraft made by that
person as a crew member in the course of any of his duty periods;
(b) the times of the beginning and end of each duty period of that person in the
course of which he made a flight as a crewmember;
(c) the times of the beginning and end of each duty period of that person ending
within a period of seventy-two hours immediately preceding the beginning of
any duty period of that person in the course of which he made a flight in any
aircraft as a crewmember; and
(d) brief particulars of the nature of the work or other duties carried out by that
person during each of the crewmember's duty periods of which a record
is required to be kept under this subregulation (2) and the Authority may
notify the form and manner in which any records required to be kept under
subregulation (1) shall be kept and, where the Authority has so notified, the
records shall be kept accordingly.
(2) Subject to regulation 14, an operator of an aircraft shall preserve the records referred
to in this regulation for a period of at least six months after the end of the flight duty period
or rest period to which they relate.
244. Maximum flight times for crewmember
(1) A person shall not fly in any aircraft registered in Kenya as a crewmember at any
time on any day after the aggregate of all his flight times, whether arising from flight in an
aircraft to which this regulation applies or in any other aircraft, during the period of twenty-
eight consecutive days expiring at the end of that day amounts to one hundred and five
hours or more.
(2) The prohibition referred to in subregulation (1) shall not apply to—
(a) a flight made in an aircraft of which the maximum total take- off mass
authorized does not exceed 1,600 kg and which is not flying for the purpose
of commercial air transport operation or aerial work; or
(b) a flight made in an aircraft not flying for the purpose of commercial air transport
operation but excluding aerial work if at the time of the flight the aggregate of
all the flight times of the person making the flight since the person was last
medically examined under these Regulations and found fit does not exceed
one hundred and fifty hours.
245. Provision for particular cases
(1) Notwithstanding anything contained in regulations 234, 235 and 237, a person shall
be deemed not to have contravened any of the provisions of these Regulations by reason
of a flight made at any time by that person or by another person if the first mentioned person
proves that—

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(a) it was due to an unavoidable delay in the completion of the flight that the
person so flying was flying at that time; and
(b) the first mentioned person could not reasonably be expected to have foreseen
before the flight began that the delay was likely to occur.
(2) Notwithstanding regulation 258(2) and anything contained in regulations 234, 235
and 237, the pilot-in-command (PIC) of an aircraft may make, or authorize any other person
to make, and that other person if so authorized may make, a flight in that aircraft which
he would, but for this subregulation, be prohibited from making by virtue of any provision
contained in the regulations 234, 235 and 237, if—
(a) it appears to the PIC that—
(i) arrangements had been made for the flight to be made with such
a crewmember and so as to begin and end at such times that no
crewmember would have been prohibited from making the flight in
accordance with those arrangements by any provision contained in the
regulations 234, 235 and 237, and that since those arrangements were
made the flight has been or will be prevented from being in accordance
with those arrangements by reason of circumstances which were not
foreseen as likely to prevent that flight from being so made; or
(ii) the flight is one which ought to be carried out in the interest of the
safety or health of any person; and
(b) the PIC is satisfied that the safety of the aircraft on that flight will not be
endangered if the PIC or that other person makes that flight.
(3) Where the PIC or any other person makes a flight in an aircraft which he or that
other person is permitted to make under subregulation (2), a report in writing that he or that
other person has made that flight, giving full particulars of the circumstances in which it was
made and the reasons why the PIC made that flight or authorized that other person to do so,
shall be made as soon as is reasonably practicable by the PIC to the operator of the aircraft
and in any event by the operator to the Authority; and the operator and the PIC shall furnish
any authority with such further information in his possession relating to the flight and to the
circumstances in which it was made as the Authority may require.
(4) Notwithstanding regulations 234, 235, 236, 237 and this regulation, where a
scheduled service has an unavoidable and prolonged delay en route, subject to the
discretion of the PIC, a reduced period of rest may be taken, and such period shall include
at least six hours between 2000 and 0600 hours local time and shall be of a duration of not
less than that appropriately extracted from the following graph—
REST PERIODS

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246. Duties of operators to prevent excessive fatigue of crewmembers


An operator of an aircraft to which this regulation applies shall ensure, in respect of each
person flying as a crewmember of that aircraft, that—
(a) the period during which that person is required or permitted by that operator to
carry out any work or other duties are so limited in length and frequency; and
(b) that person is afforded such period for rest, that his work and duties are not
likely to cause him such fatigue while the person is flying in the aircraft, in
respect of flight crew, as may endanger the safety thereof, and in respect
of other crewmembers, as may impair their efficiency to adequately perform
their duties in relation to the possible evacuation or control of passengers or
the provision of assistance in the event of an emergency situation.
PROTECTION OF CREWMEMBER FROM COSMIC RADIATION
247. Protection of crewmember from cosmic radiation
(1) An operator shall take appropriate measures to—
(a) assess the exposure to cosmic radiation when in flight of those crewmembers
who may be exposed to cosmic radiation in excess of 1 milliSievert per year;
(b) take into account the assessed exposure when organising work schedules
with a view to reducing the doses of highly exposed crew members; and
(c) inform the workers concerned of the health risks their work involves.
(2) An operator shall ensure that in relation to a pregnant crew member, the conditions of
exposure to cosmic radiation when that crew member is in flight are such that the equivalent
dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1
milliSievert during the remainder of the pregnancy.
(3) An operator who is not informed of a pregnancy referred to in subregulation (2) shall
not be held liable for any cosmic radiation exposure to the foetus exceeding 1 milliSievert.
(4) In this regulation—

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(a) 'highly exposed crewmember' means flight crewmembers operating in high


performance aircraft capable of flying above an altitude of 49,000 feet;
(b) 'Sievert' means a unit of equivalent or effective dose of one joule per
kilogramme; and
(c) 'year' means any period of twelve months.
248. Cosmic radiation: records to be kept
The operator of an aircraft registered in Kenya shall, in respect of any flight at an altitude
of more than 49,000 feet, keep a record of a total dose of cosmic radiation to which the
aircraft and the crewmembers are exposed during the flight together with the names of the
crewmembers.
PART X – FLIGHT RELEASE: COMMERCIAL AIR TRANSPORT OPERATIONS
249. Qualified persons required for operational control functions
(1) An air operator certificate (AOC) holder shall designate a qualified person to exercise
the functions and responsibilities for operational control of each flight in commercial air
transport.
(2) For passenger-carrying flights conducted on a published schedule, a licensed and
qualified flight operations officer or equivalently qualified person shall be on duty at an
operations base to perform the AOC holders operational control functions.
(3) For all other flights, the qualified person exercising operational control responsibilities
shall be available for consultation prior to, during and immediately following the flight
operation.
(4) For all flights, the pilot-in-command (PIC) shares in the responsibility for operational
control of the aircraft and has the situational authority to make decisions regarding
operational control issues in-flight.
(5) Where a decision of the PIC differs from that recommended, the person making the
recommendation shall make a record of the associated facts.
(6) A flight operations officer/flight dispatcher assigned to duty shall maintain complete
familiarization with all features of the operation which are pertinent to such duties, including
knowledge and skills related to human performance.
(7) A flight operations officer/flight dispatcher shall not be assigned to duty after 12
consecutive months of absence from such duty, unless the provisions of regulation 205 are
met.
250. Functions associated with operational control
The person exercising responsibility for operational control for an air operator certificate
holder shall—
(a) authorise the specific flight operation;
(b) ensure that an airworthy aircraft properly equipped for the flight is available;
(c) ensure that qualified personnel and adequate facilities are available to
support and conduct the flight;
(d) ensure that proper flight planning and preparation is made;
(e) ensure that flight locating and flight following procedures are followed; and
(f) for scheduled passenger-carrying flights, ensure the monitoring of the
progress of the flight and the provision of information that may be necessary
to safety.
251. Operator notification
(1) If an operator has an operating base in a State other than the State of Registry, the
operator shall notify the State in which the operating base is located.

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(2) Upon notification under subregulation (1), safety and security oversight shall be
coordinated between the State in which the operating base is located and the State of
Registry.
252. Operational control duties
(1) For passenger-carrying flights conducted on a published schedule, the qualified
person performing the duties of a flight operations officer shall—
(a) assist the pilot-in-command (PIC) in flight preparation and provide the
relevant information required;
(b) assist the PIC in preparing the operational and air traffic control flight plans
and sign the dispatch copy of the flight release;
(c) furnish the PIC while in flight, by appropriate means, with information which
may be necessary for the safe conduct of the flight; and
(d) In the event of an emergency, a flight operations officer shall—
(i) initiate such procedures as outlined in the operations manual while
avoiding taking any action that would conflict with ATC procedures;
and
(ii) convey safety-related information to the pilot-in-command that may
be necessary for the safe conduct of the flight, including information
related to any amendments to the flight plan that become necessary
in the course of the flight.
(2) A qualified person performing the operational control duties shall avoid taking any
action that would conflict with the procedures established by—
(a) air traffic control;
(b) the meteorological service;
(c) the communications service; or
(d) AOC holder.
(3) An operator shall ensure that all operations personnel are properly instructed in their
particular duties and responsibilities and the relationship of such duties to the operation as
a whole.
(4) An operator shall issue operating instructions and provide information on aeroplane
climb performance to enable the pilot-in-command to determine the climb gradient that can
be achieved during the departure phase for the existing take-off conditions and intended
take-off technique and this information shall be included in the Operations Manual.
(5) An operator shall make available sufficient information on climb performance with all
engines operating to enable determination of the climb gradient that can be achieved during
the departure phase for the existing take-off conditions and intended take-off technique.
(6) An operation involving an aeroplane with a seating configuration of more than 9
passenger seats shall be conducted in accordance with these Regulations.
(7) A corporate aviation operation involving three or more aircraft that are operated by
pilots employed for the purpose of flying the aircraft should be conducted in accordance
with these Regulations.
253. Contents of a flight release
The flight release shall contain at least the following information concerning each flight—
(a) company or organisation name;
(b) make, model, and nationality and registration marks of the aircraft being used;
(c) flight or trip number, and date of flight;
(d) name of each crewmember and the pilot-in-command (PIC);
(e) departure aerodrome, destination aerodromes, alternate aerodromes and
route;

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(f) minimum fuel supply;


(g) a statement of the type of operation, for example instrument flight rules, visual
flight rules;
(h) the latest available weather reports, and forecasts for the destination
aerodrome and alternate aerodromes; and
(i) any additional available weather information that the PIC considers
necessary.
254. Flight release: aircraft requirements
A person shall not issue a flight release for a commercial air transport operation—
(a) unless the aircraft is airworthy and properly equipped for the intended flight
operation; and
(b) using an aircraft with inoperative instruments and equipment installed, except
as specified in the minimum equipment list approved by the Authority;
(c) when taking off or landing at an aerodrome where, in the opinion of the State
of the Operator, the take-off or approach path is so disposed over water that
in the event of a mishap there would be a likelihood of a ditching.
255. Flight release: facilities and NOTAMs
(1) A person shall not release an aircraft over any route or route segment unless there
are adequate communications and navigational facilities in satisfactory operating condition
as is necessary to conduct the flight safely.
(2) A flight operation officer shall ensure that the pilot-in-command (PIC) is provided
with all available current reports or information on aerodrome conditions and irregularities
of navigation facilities that may affect the safety of the flight.
(3) For the PIC's review of the operational flight plan, he shall be provided with all
available Notice to Airmen (NOTAMs) with respect to the routing, facilities and aerodromes.
256. Flight release: weather reports and forecasts
A person shall not release a flight unless that person:
(a) is thoroughly familiar with reported and forecast weather conditions on the
route to be flown; and
(b) has communicated all information and reservations he may have regarding
weather reports and forecasts to the pilot-in-command (PIC).
257. Flight release in icing conditions
A person shall not release an aircraft—
(a) when in his opinion or that of the pilot-in-command (PIC), the icing conditions
that may be expected or are met exceed that for which the aircraft is
certified and unless the aircraft has sufficient operational de-icing or anti-icing
equipment; or
(b) any time conditions are such that frost, ice or snow may reasonably be
expected to adhere to the aircraft, unless there is available to the PIC at the
aerodrome of departure adequate facilities and equipment to accomplish the
procedures approved for the air operator certificate holder by the Authority
for ground de-icing and anti-icing.
258. Flight release under VFR or IFR
(1) A person shall not release a flight under instrument flight rules or visual flight rules
unless the weather reports and forecasts indicate that the flight can reasonably be expected
to be completed as specified in the flight release.
(2) A flight, except one purely local character in visual meteorological conditions, to
be conducted in accordance with VFR shall not be commenced unless available current

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meteorological reports, or a combination of current reports and forecasts, indicate that the
meteorological conditions along the route, or that part of the route to be flown under VFR,
will, at the appropriate time, be such as to render compliance with these rules possible.
259. Flight release: minimum fuel supply
A person shall not issue a flight release for a commercial air transport operation unless
the fuel supply specified in that flight release is equivalent to or greater than the minimum
flight planning requirements of these Regulations, including anticipated contingencies.
260. Flight release: aircraft loading and performance
A person shall not issue a flight release unless that person is familiar with the anticipated
loading of the aircraft and is reasonably certain that the proposed operation shall not exceed
the—
(a) centre of gravity limits;
(b) aircraft operating limitations; and
(c) minimum performance requirements.
261. Flight release: amendment or re-release en-route
(1) A person who amends a flight release while the flight is en route shall record that
amendment.
(2) A person shall not amend the original flight release to change the destination or
alternate aerodrome while the aircraft is en route unless the flight preparation requirements
for routing, aerodrome selection and minimum fuel supply are met at the time of amendment
or re-release.
(3) A person shall not allow a flight to continue to an aerodrome to which it has been
released if the weather reports and forecasts indicate changes which would render that
aerodrome unsuitable for the original flight release.
262. Flight release: requirement for airborne weather radar equipment
A person shall not release a large aircraft carrying passengers under instrument
flight rules when current weather reports indicate that thunderstorms, or other potentially
hazardous weather conditions that can be detected with airborne weather radar, may
reasonably be expected along the route to be flown, unless the airborne weather radar
equipment is in satisfactory operating condition.
PART XI – EXEMPTIONS
263. Requirement for application
(1) A person may apply to the Authority for an exemption from any of these Regulations.
(2) An applications for exemption shall be submitted at least sixty days in advance of
the proposed effective date.
(3) A request for an exemption must contain the applicant's—
(a) name;
(b) physical address and mailing address;
(c) telephone number;
(d) fax number if available; and
(e) email address if available.
(4) The application shall be accompanied by a fee specified by the Authority, for technical
evaluation.
264. Request for exemption
(1) An application for an exemption must contain the following—

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(a) a citation of the specific requirement from which the applicant seeks
exemption;
(b) an explanation of why the exemption is needed;
(c) a description of the type of operations to be conducted under the proposed
exemption;
(d) the proposed duration of the exemption;
(e) an explanation of how the exemption would be in the public interest, that is,
benefit the public as a whole;
(f) 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;
(g) 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; and
(h) if the applicant seeks to operate under the proposed exemption outside of the
Kenya airspace, the application must indicate whether the exemption would
contravene any provision of the Standards and Recommended Practices of
the International Civil Aviation organisation (ICAO) as well as the Regulations
pertaining to the airspace in which the operation will occur.
(2) Where 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.
(3) The Authority may deny an application if the Authority finds that the applicant has
not justified the failure to apply for an exemption in a timely fashion.
(4) The Authority of the Operator of an aeroplane type with two turbine engines which,
th
prior to the 25 March, 1986 was authorized and operating on a route where the flight time
at single-engine cruise speed to an adequate en-route alternate aerodrome exceeded the
threshold time established for such operations in accordance with regulation 106, shall give
consideration to permitting such an operation to continue on that route after that date.
Review, Publication and Issue or Denial of the Exemption
265. Initial review by the Authority
(1) The Authority shall review the application for accuracy and compliance with the
requirements of regulations 262 and 263.
(2) If the application appears on its face to satisfy the provisions of this regulation and
the Authority determines that a review of its merits is justified, the Authority will publish a
detailed summary of the application in the Kenya Gazette, aeronautical information circular
or at least one local daily newspaper for comment and specify the date by which comments
must be received by the Authority for consideration.
(3) Where the filing requirements of regulations 262 and 263 have not been met, the
Authority will notify the applicant and take no further action until and unless the applicant
corrects the application and re-files it in accordance with these Regulations.
(4) If the request is for emergency relief, the Authority shall publish the application or
the Authority's decision as soon as possible after processing the application.
266. Evaluation of the request
(1) After initial review, if the filing requirements have been satisfied, the Authority shall
conduct an evaluation of the request to include—
(a) determination of whether an exemption would be in the public interest;
(b) a determination, after a technical evaluation of whether the applicant's
proposal would provide a level of safety equivalent to that established by the
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of the request would impose a significant burden on the Authority's technical


resources, the Authority may deny the exemption on that basis;
(c) a determination of whether a grant of the exemption would contravene the
applicable ICAO Standards and Recommended Practices; and
(d) a recommendation based on the preceding elements, of whether the request
should be granted or denied, and of any conditions or limitations that should
be part of the exemption.
(2) The Authority shall notify the applicant by letter and publish a detailed summary of
its evaluation and decision to grant or deny the request.
(3) The summary referred to in subregulation (2)shall specify the duration of the
exemption and any conditions or limitations of the exemption.
(4) If the exemption affects a significant population of the aviation community of the
Kenya the Authority shall publish the summary in the Aeronautical Information Circular.
PART XII – GENERAL PROVISIONS
267. Possession of the licence
(1) A holder of a licence, certificate or authorisation or document issued by the Authority
shall have in his physical possession or at the work site when exercising the privileges of
that licence, certificate, authorisation or such other document.
(2) A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or
authorisation and have in his physical possession or at the work site when exercising the
privileges of that licence, certificate or authorisation.
268. Drug and alcohol testing and reporting
(1) Any person who performs any function related to operation of aircraft under these
Regulations may be tested for drug or alcohol usage.
(2) The Authority may prohibit any person who—
(a) tests positive for drug or alcohol usage;
(b) refuses to submit to a test; or
(c) refuses to furnish or to authorise the release of the test results requested by
the Authority from carrying out the functions related to operation of aircraft.
269. Inspection of licences and certificates
A person who holds a licence, certificate, authorisation or such other document required
by these Regulations shall present it for inspection upon a request from the Authority or any
person authorized by the Authority.
270. Change of name
(1) A holder of a licence, certificate, authorisation or other document issued under by
the Authority may apply to change the name on a licence, certificate, authorisation or such
other document.
(2) The holder shall include with any such request—
(a) a court order, or other legal document verifying the name change;
(b) the current licence, certificate, authorisation or such other document sought
to be amended.
(3) The Authority may change the licence, certificate, authorisation or such other
document and issue a replacement thereof.
(4) The Authority shall return to the holder the original documents specified in
subregulation 2(b) and retain copies thereof and return the replaced licence, certificate or
authorisation with the appropriate endorsement.
(5) A licence, certificate, authorisation or such other document issued to a person under
these Regulations is not transferable.

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271. Change of address


(1) A holder of a certificate, or authorisation issued under these Regulations shall notify
the Authority of the change in the physical and mailing address and shall do so in the case
of—
(a) physical address, at least fourteen days in advance; and
(b) mailing address upon the change.
(2) A person who does not notify the Authority of the change in the physical address
within the time frame specified in subregulation (1)shall not exercise the privileges of the
certificate or authorisation.
272. Replacement of documents
A person may apply to the Authority in the prescribed form for replacement of documents
issued under these Regulations if the documents are lost or destroyed.
273. Certificate suspension and revocations
(1) The Authority may, where it considers it to be in the public interest, suspend
provisionally, pending further investigation, any certificate, approval, permission, exemption,
authorisation or such other document issued, granted or having effect under these
Regulations.
(2) The Authority may, upon the completion of an investigation which has shown
sufficient ground to its satisfaction and where it considers it to be in the public interest,
revoke, suspend, or vary any certificate, approval, permission, exemption or such other
document issued or granted under these Regulations.
(3) The Authority may, where it considers it to be in the public interest, prevent any
person or aircraft from flying.
(4) A holder or any person having the possession or custody of any certificate, approval,
permission, exemption or such other documents which has been revoked, suspended or
varied under these Regulations shall surrender it to the Authority within 14 days from the
date of revocation, suspension or variation.
(5) The breach of any condition subject to which any certificate, approval, permission,
exemption or any other document has been granted or issued under these Regulations shall
render the document invalid during the continuance of the breach.
274. Use and retention of certificates and records
(1) A person shall not—
(a) use any certificate, approval, permission, exemption or such other document
issued or required by or under these Regulations which has been forged,
altered, revoked, or suspended, or to which he is not entitled; or
(b) forge or alter any certificate, approval, permission, exemption or such other
document issued or required by or under these Regulations; or
(c) lend any certificate, approval, permission, exemption or such other document
issued or required by or under these Regulations to any other person; or
(d) make any false representation for the purpose of procuring for himself or any
other person the issue renewal or variation of any such certificate, approval,
permission or exemption or such other document.
(2) During the period for which it is required under these Regulations to be preserved,
a person shall not mutilate, alter, render illegible or destroy any records, or any entry made
therein, required by or under these Regulations to be maintained, or knowingly make, or
procure or assist in the making of, any false entry in any such record, or wilfully omit to make
a material entry in such record.
(3) All records required to be maintained by or under these Regulations shall be recorded
in a permanent and indelible material.

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(4) A person shall not purport to issue any certificate, document or exemption under
these Regulations unless he is authorised to do so by the Authority.
(5) A person shall not issue any certificate of the kind referred to in subregulation (4)
unless he has satisfied himself that all statements in the certificate are correct, and that the
applicant is qualified to hold that certificate.
275. Reports of violation
(1) Any person who knows of a violation of the Act, any amendment thereto, or any rule,
regulation, or order issued there under, shall report it to the Authority.
(2) The Authority will determine the nature and type of any additional investigation or
enforcement action that need be taken.
276. Enforcement of directions
Any person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
277. Aeronautical user fees
(1) The Authority may notify the fees to be charged in connection with the issue,
validation, renewal, extension or variation of any certificate, licence or such other document,
including the issue of a copy thereof, or the undergoing of any examination, test, inspection
or investigation or the grant of any permission or approval, required by, or for the purpose
of these Regulations any orders, notices or proclamations made there under.
(2) Upon an application being made in connection with which any fee is chargeable in
accordance with the provisions of subregulation (1), the applicant shall be required, before
the application is entertained, to pay the prescribed fees.
(3) If, after that payment has been made, the application is withdrawn by the applicant
or otherwise ceases to have effect or is refused, the Authority, shall not refund any payment
made.
278. Application of Regulations to Government and visiting forces, etc
(1) These Regulations shall apply to aircraft, not being a military aircraft belonging to
or exclusively employed in the service of the Government, and for the purposes of such
application, the department or other authority for the time being responsible for management
of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an
aircraft belonging to the Government, to be the owner of the interest of the Government in
the aircraft.
(2) Except as otherwise expressly provided, the naval, military and air force authorities
and member of any visiting force and property held or used for the purpose of such a force
shall be exempt from the provision of these regulations to the same extent as if the visiting
force formed part of the military force of the Kenya.
279. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations shall—
(a) in so far as they apply, whether by express reference or otherwise, to aircraft
registered in Kenya, apply to such aircraft wherever they may be;
(b) in so far as they apply, whether by express reference or otherwise, to other
aircraft, apply to such aircraft when they are within the Kenya;
(c) in so far as they prohibit, require or regulate, whether by express reference
or otherwise, the doing of anything by any person in, or by any of the crew
of, any aircraft registered in Kenya, shall apply to such persons and crew,
wherever they may be; and
(d) in so far as they prohibit, require or regulate, whether by express reference or
otherwise, the doing of anything in relation to any aircraft registered in Kenya

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by other persons shall, where such persons are citizens of the Kenya, apply
to them wherever they may be.
280. Flights over any foreign country
(1) The operator or pilot-in-command of an aircraft registered in the Kenya (or, if the
operator's principal place of business or permanent residence is in the Kenya, any other
aircraft) which is being flown over any foreign State shall not allow that aircraft to be used
for a purpose which is prejudicial to the security, public order or public health of, or to the
safety of air navigation in relation to that State.
(2) A person does not contravene subregulation (1) if that person neither knew nor had
reasons to suspect that the aircraft was being or was to be used for a purpose referred to
in subregulation (1).
(3) The operator or pilot in command of an aircraft registered in Kenya (or, if the
operator's principal place of business or permanent residence is in the Kenya, any other
aircraft) which is being flown over any foreign State shall comply with any directions given
by the appropriate aeronautical authorities of that State whenever—
(a) the flight has not been duly authorised;
(b) there are reasonable grounds for the appropriate aeronautical authorities
to believe that the aircraft is being or will be used for a purpose which is
prejudicial to the security, public order or public health of, or to the safety of
air navigation in relation to that State.
unless the lives of persons on board or the safety of the aircraft would thereby
be endangered.
(4) A person does not contravene subregulation (3) if he neither knew nor suspected
that the directions were being given by the appropriate aeronautical authorities.
(5) The requirement in subregulation (3) shall not prejudice the need to comply with
other requirements or directions of aeronautical authority.
(6) In this regulation "appropriate aeronautical authorities" includes any person, whether
a member of a country's military or civil authorities, authorised under the law of the foreign
State to issue directions to aircraft flying over that State.
PART XIII – OFFENCES AND PENALTIES
281. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his licence,
certificate, approval, authorisation, exemption or other document revoked or suspended.
282. Penalties
(1) If any provision of these Regulations, orders, notices or proclamations made under
the regulations is contravened in relation to an aircraft, the operator of that aircraft and
the pilot in command, if the operator or the pilot in command is not the person who
contravened that provision shall, without prejudice to the liability of any other person under
these Regulations for that contravention, be deemed to have contravened that provision
unless he proves that the contravention occurred without his consent or connivance and
that he or she exercised all due diligence to prevent the contravention.
(2) A person who contravenes any provision specified as an "A" provision in the
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding one million shillings for each offence and or to imprisonment for a term not
exceeding one year or to both.
(3) A person who contravenes any provision specified as a "B" provision in the Schedule
to these Regulations commits an offence and is liable on conviction to a fine not exceeding
two million shillings for each offence and or to imprisonment for a term not exceeding three
years or to both.

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(4) A person who contravenes any provision of these Regulations not being a provision
referred to in the Schedule to these Regulations commits an offence and is liable on
conviction to a fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four million shillings.
283. Revocation of L.N. 31/2007
The Civil Aviation (Operation of Aircraft) Regulations, 2007 are revoked.
SCHEDULE
(Rule 281(2),(3) and (4).

PENALTIES
Reg. No. Title Part
3 Registration markings. A
4 Civil aircraft airworthiness. B
5 Certificate of airworthiness. A
6 Aircraft instruments and A
equipment.
7 Inoperative instruments and A
equipment.
8 Aircraft flight manual, A
marking and placard
requirements.
9 Required aircraft and A
equipment inspectors.
10 Documents to be carried on A
aircraft.
11 Production of documents. A
12 Preservation of documents. A
13 Insurance. B
14 Stowaways. A
15 Co-ordination of activities B
potentially hazardous to civil
aircraft.
16 Power to prohibit or restrict A
flying or landing or taking off.
17 Balloons, kites and airships. A
18 Aircraft maintenance B
requirements.
19 Maintenance required B
25 Inspections: commercial air B
transport
28 Inspections: all other aircraft B
29 Maintenance records. A
30 Maintenance records A
retention.
31 Transfer of maintenance A
records.
32 Composition of flight crew. B
36 Requirements of experience, A
recency and training for
single pilot operations at
night or IFR.
38 Pilot recent experience: PIC A
and co-pilot, cruise relief
pilot.

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39 PIC: route and airport A


qualification.
40 Pilot proficiency checks. A
41 Licences required. A
42 Pilots: Qualifications. A
43 Rating required for IFR B
operations.
44 Special authorisation B
required for Category II or III
operations.
45 Recording of flight time. A
46 PIC and co-pilot currency: A
takeoffs and landings.
47 Pilot currency: IFR A
operations.
48 Pilot currency: general A
aviation operations.
49 Pilot privileges and B
limitations.
56 Fitness of flight crew B
members.
57 Use of narcotics, drugs or B
intoxicating liquer.
58 Crew member use of A
seatbelts and shoulder
harnesses.
59 Flight crew members at duty A
stations.
66 Power to inspect. A
69 Manipulation of the controls: B
commercial air transport.
70 Simulated abnormal A
situations in flight:
commercial air transport.
77 Operation of flight recorders. A
78 Crew member oxygen A
supply.
80 Carriage of dangerous B
goods.
81 Portable electronic devices. A
82 Pre-flight action. A
83 Operation of aircraft on the A
ground.
84 Flight into known or expected A
icing.
85 Aerodrome operating A
minima.
88 Operation of radio in aircraft. A
89 Weather reports and A
forecasts.
90 Weather limitations for VFR A
flights.
91 Adequacy of operating A
facilities.
92 Diversions decision: engine A
inoperative.

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93 IFR destination aerodromes. A


94 IFR alternate aerodrome A
selection criteria.
95 Off-shore alternates for A
helicopter operations.
96 Takeoff alternate A
aerodromes: commercial air
transport operations.
98 Maximum distance from an B
adequate aerodrome for two-
engined aeroplanes without
an ETOPS approval.
99 Extended range operations B
with two-engined aeroplanes.
100 En-route alternate A
aerodromes: ETOPS
operations.
101 Fuel, oil and oxygen planning B
and contingency factors.
102 Flight planning: document A
distribution and retention.
103 Commercial air transport: B
loading of aircraft.
104 Aircraft loading, mass and B
balance.
105 Stowage of baggage and A
cargo
106 Maximum allowable weights A
to be considered on all load
manifests.
107 Flight release required: A
commercial air transport.
108 Operational flight plan: A
commercial air transport.
110 Performance and operating B
limitations.
111 In-flight simulation of B
abnormal situations.
112 Test flight areas. A
113 Operations in MNPS or A
RVSM airspace.
116 Compliance with visual and A
electronic glide slopes.
117 Restriction or suspension of A
operations: commercial air
transport.
121 Operations of single-engine A
turbine-powered aircraft at
night or in IMC.
122 IFR takeoff minimums for A
commercial air transport.
123 Instrument approach A
procedures and IFR landing
minima.
124 Commencing an instrument A
approach.

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125 Instrument approaches to A


aerodromes.
126 Threshold crossing height for A
precision approaches.
128 Landing during instrument A
meteorological conditions.
133 Aircraft performance A
calculations for all aircrafts.
134 General weight and A
obstruction clearance
limitations.
135 Category II and Category III A
operations: general operating
rules.
136 Category II and Category III: A
Operations Manual.
138 General. A
140 Aircraft performance A
calculations for commercial
air transport.
141 Takeoff limitations. A
142 En-route limitations: all A
engines operating.
143 En-route limitations: one A
engine inoperative.
144 En-route limitations: three or A
more engines, two engines
inoperative.
146 Landing limitations. A
146 Unacceptable conduct. B
147 Refuelling or defuelling with A
passengers on board.
148 Passenger seats, safety belts A
and shoulder harnesses.
149 Passenger briefing: non AOC A
holder aircraft.
151 Passenger oxygen: minimum A
supply and use.
152 Alcohol or drugs. A
153 Use of psychoactive B
substances.
154 Passenger compliance with B
instructions.
156 Carriage of Persons without A
Compliance with Passenger-
Carrying Requirements.
159 Arming of automatic A
emergency exits.
161 Stops where passengers A
remain on board.
162 Carriage of persons with A
reduced mobility.
164 Carriage of munitions of war. B
165 Prohibition against carriage B
of weapons.

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166 Oxygen for medical use by B


passengers.
170 Required passenger A
briefings: AOC holder.
171 Passenger briefing: extended A
over-water operations.
176 Age restriction. A
177 PIC licence requirements: B
turbojet, turbofan or large
aircraft.
178 PIC licence requirements: B
non turbojet or turbofan small
aircraft.
179 PIC aeronautical experience: B
Small aircraft.
180 Co-pilot licence B
requirements.
181 Flight engineer licence B
requirements.
182 One pilot qualified to perform A
flight engineer functions.
183 Persons qualified in flight A
release.
197 Aircraft and instrument A
proficiency checks.
198 Introduction of new A
equipment or procedures.
199 Pilot qualification: recent A
experience.
201 Flight engineer proficiency A
checks.
202 Competence checks: flight A
operations officer.
206 Line observations: flight A
operations officer.
207 Route and area checks: pilot A
qualification.
209 Designated special A
aerodromes and heliports:
PIC qualification.
217 Check pilot and authorised A
flight engineer qualifications.
218 Check airman designation. A
219 Check pilot authorizations A
and limitations.
220 Synthetic flight trainer A
approval.
221 Line qualification: check pilot A
and instructor.
222 Termination of proficiency, A
competence or line check.
223 Recording of crew member A
qualifications.
228 Maximum flight duty periods
for crew members.

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229 Minimum rest periods for A


crew members.
230 Duty and rest periods for A
flight operations officers.
231 Records of flight times and A
duty periods.
232 Maximum flight times for A
crew.
235 Protection of flight crew from B
cosmic radiation
236 Cosmic radiation: records to A
be kept.
241 Flight release: aircraft A
requirements.
242 Flight release: facilities and A
NOTAMs.
243 Flight release: weather A
reports and forecasts.
244 Flight release under VFR or A
IFR.
246 Flight release: minimum fuel A
supply.
247 Flight release: aircraft loading A
and performance.
248 Flight release: amendment or A
re-release en-route.
249 Flight release: requirement A
for airborne weather radar
equipment.
255 Drug and alcohol testing and B
reporting.
256 Inspection of licences and A
certificates.
261 Use and retention of B
certificate and records.

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CIVIL AVIATION (APPROVED TRAINING


ORGANIZATIONS) REGULATIONS, 2013
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY PROVISION
Regulation
1. Citation.
2. Interpretation.
PART II – CERTIFICATION AND LOCATION REQUIREMENTS
3. Requirements for an ATO certificate.
4. Evaluation and checking.
5. Application for issuance or amendment of an ATO certificate.
6. Validity of the certificate.
7. Inspection.
8. Renewal of the certificate.
9. Suspension or revocation.
10. Certificate holder responsibilities.
11. Quality system for ATO.
12. Location of Principal Business Office.
13. Satellite ATOs.
14. Changes requiring notice to the Authority.
15. Training Manual and Procedures Manual.
16. Safety programme and management system.
PART III – TRAINING FOR FLIGHT CREW LICENCES AND RATINGS
17. Flight crew training courses.
18. Personnel.
19. Training program and approval.
20. Training aircraft.
21. Synthetic flight trainers.
22. Aerodrome and sites.
23. Training facilities.
PART IV – TRAINING FOR LICENCES AND RATINGS FOR AIRCRAFT MAINTENANCE
ENGINEERS, AIR TRAFFIC CONTROLLERS AND FLIGHT OPERATION OFFICERS
24. Training courses for licenses and ratings for aircraft maintenance engineers, air traffic
controllers and flight operation officers.
25. Personnel.
26. Training program and approval.
27. Training facilities, equipment and material for aircraft maintenance engineer courses.
28. Training facilities, equipment and material for air traffic controllers or flight radio
telephony operator.
29. Training facilities, equipment and material for flight operations officers or cabin
crewmembers.
30. Advertising limitations.
PART V – EXEMPTIONS
31. Requirements for application.
32. Substance of the request for exemption.
33. Initial review by the Authority.

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34. Evaluation of the request.


PART VI – GENERAL PROVISIONS
35. Possession of the licence.
36. Drug and alcohol testing and reporting.
37. Inspection of certificates and authorisations.
38. Change of name.
39. Change of address.
40. Replacement of documents.
41. Certificate suspension and revocations.
42. Use and retention of certificates and records.
43. Record keeping.
44. Reports of violation.
45. Enforcement of directions.
46. Aeronautical user fees.
47. Application of Regulations to Government and visiting forces, etc.
48. Extra-territorial application of Regulations.
PART VII – OFFENCES AND PENALTIES
49. Contravention of Regulations.
50. Offences and penalties.
51. Revocation.
SCHEDULES
FIRST SCHEDULE — QUALITY SYSTEM
SECOND SCHEDULE — ATO TRAINING MANUAL AND PROCEDURES
MANUAL CONTENTS
THIRD SCHEDULE — ATO MANAGEMENT PERSONNEL
RESPONSIBILITIES AND QUALIFICATIONS
FOURTH SCHEDULE — OFFENCES AND PENALTIES

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CIVIL AVIATION (APPROVED TRAINING


ORGANIZATIONS) REGULATIONS, 2013
[L.N. 77/2013.]

PART I – PRELIMINARY PROVISION


1. Citation
These Regulations may be cited as the Civil Aviation (Approved Training Organizations)
Regulations, 2013.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“accountable manager” means the manager who has corporate authority for
ensuring that all training commitments can be financed and carried out to the standard
required by the Authority and any additional requirements defined by the approved
training organisation;
“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
“aircraft” means any machine that can derive support in the atmosphere from the
reactions of the air, other than the reactions of the air against the earth’s surface;
“approved training” means training conducted under curricula and supervision
approved by the Authority;
“approved training organisation” means an organisation approved by the
Authority to perform approved training as specified in these Regulations and operating
under the supervision of the Authority;
“ATO” means an approved training organisation;
“Authority” means the Kenya Civil Aviation Authority;
“procedures manual” means a manual containing procedures, instructions and
guidance for use by personnel of the approved training organisation in the execution of
their duties in meeting the requirements of the certificate;
“quality manager” means the manager, acceptable to the Authority, responsible for
the management of the quality system, monitoring function and requesting corrective
actions;
“quality system” means the documented organisational procedures and policies;
the internal audit of those policies and procedures; and the management review and
recommendation for quality improvement;
“satellite ATO” means an ATO at a location other than primary location of the ATO;
“synthetic flight trainer” means any one of the following three types of apparatus
in which flight conditions are simulated on the ground—
(a) a flight simulator, which provides an accurate representation of the cockpit
of a particular aircraft type to the extent that the mechanical, electrical,
electronic, etc., aircraft systems control functions, the normal environment
of flight crewmembers and the performance and flight characteristics of
that type of aircraft are realistically simulated;
(b) a flight procedures trainer, which provides a realistic cockpit environment,
and which simulates instrument responses, simple control functions
of mechanical, electrical, electronic, etc., aircraft systems, and the
performance and flight characteristics of aircraft of a particular class; or

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(c) a basic instrument flight trainer, which is equipped with appropriate


instruments, and which simulates the cockpit environment of an aircraft
in flight in instrument flight conditions;
“training manual” means a manual containing the training goals, objective,
standards syllabi, and curriculum for each phase of the approved training course;
“training specifications” means a document issued to an approved training
organisation certificate holder by the Authority that specifies training program
requirements and authorizes the conduct of training, checking, and testing with any of
the attendant limitations.
PART II – CERTIFICATION AND LOCATION REQUIREMENTS
3. Requirements for an ATO certificate
(1) A person, other than—
(a) an Air Operator Certificate or Approved Maintenance Organisation certificate
holder conducting training of its own personnel under the Civil Aviation
(Air Operator Certification and Administration) Regulations, 2013 and the
Civil Aviation (Approved Maintenance Organisation) Regulations, 2013
respectively; and
(b) an operator with an approved training programme in its Operations Manual
under Civil Aviation (Operation of Aircraft) Regulations, 2013; shall not hold
out as or operate an approved training organisation without, or in violation of,
an Aviation Training organisation (ATO) certificate and training specifications
issued under these Regulations.
(2) A person shall not conduct training, testing or checking in synthetic flight trainers
without, or in violation of, the certificate and training specifications required under these
Regulations.
(3) The Authority will issue to an ATO that meets the requirements of these Regulations
an ATO certificate and training specifications for providing courses for flight crew licences
and ratings and for courses for personnel other than flight crewmembers, as approved by
the Authority.
(4) A holder of an ATO certificate shall, at all times, display that certificate in a place in
the school that is normally accessible to the public and that is not obscured.
4. Evaluation and checking
Where the Authority has authorized an approved training organisation to conduct
the testing required for the issue of a licence or rating, the testing shall be conducted
by personnel authorized by the Authority or designated by the training organisation in
accordance with criteria approved by the Authority.
5. Application for issuance or amendment of an ATO certificate
(1) An applicant for an approved training organisation (ATO) certificate and training
specifications, or for an amendment to an ATO certificate and training specifications shall
apply at least ninety days before the beginning of any proposed training which was not
approved before.
(2) An applicant for an ATO certificate shall submit an application on a form and manner
prescribed by the Authority.
(3) An application shall contain the following information—
(a) a statement showing that the minimum qualification requirements for each
management position are met;
(b) a description of the minimum qualifications and ratings for each instructor;
(c) a statement acknowledging that the applicant may notify the authority within
ten working days of any change made in the assignment of persons in the
required management or instructors positions;

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(d) the proposed training specifications requested by the applicant;


(e) a description of the training equipment that the applicant proposes to use e.g.
the aircraft, the synthetic flight trainers including any special equipment used
for each phase of training;
(f) a listing of the aerodromes or sites at which training flights originate, if
applicable, and a description of the applicant’s training facilities, equipment
and qualifications of personnel to be used;
(g) a training program, including manuals, curricula, outlines, courseware,
procedures and documentation to support the items required in regulations
23, 27 and 28;
(h) a description of a recordkeeping system that will identify and document the
details of training, qualification, and licensing of students, instructors, and
evaluators;
(i) a description of quality control measures proposed;
(j) a method of demonstrating the applicant’s qualification and ability to provide
training for a licence or rating in fewer than the minimum hours prescribed
in the Civil Aviation (Personnel Licencing) Regulations, 2013 if the applicant
proposes to do so; and
(k) a statement of compliance showing how the applicant has met all applicable
requirements in these Regulations.
(4) An ATO shall submit manual establishing procedures acceptable to the Authority to
ensure compliance with all relevant requirements of these Regulations and the procedures
shall include a quality system which meets the requirements specified in regulation 17.
(5) An applicant for an ATO certificate shall ensure that the facilities and equipment
described in the application are—
(a) available for inspection and evaluation prior to approval; and
(b) in place and operational at the location of the ATO prior to the issue of a
certificate under these Regulations.
(6) The Authority shall after inspection, issue to an applicant who meets the
requirements of these Regulations and is approved by the Authority—
(a) an ATO certificate containing—
(i) the name and location of an ATO;
(ii) the date of issue and period of validity of the certificate;
(iii) the authorized locations of operations; and
(iv) training courses for the following categories, as applicable, flight crew
training, training for personnel other than flight crew and other training
as approved by the Authority;
(b) training specifications containing—
(i) authorization for the ATO;
(ii) the type of training authorized, including approved training courses;
(iii) the rating, category, class and type of aircraft, or parts of the aircraft,
that may be used for training, testing and checking;
(iv) for each synthetic flight trainer that may be used for training, testing
and checking, the make, model and series of aircraft being simulated,
the qualification level and the identification number assigned by the
Authority;
(v) any aircraft, or part of the aircraft, approved for training, as appropriate;
(vi) the staff required to perform and meet the requirements of these
Regulations; and
(vii) any other items the Authority may require or allow.

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(7) The Authority shall refuse to issue an ATO certificate if it finds that the applicant does
not comply with the approval requirements of these Regulations.
(8) The Authority may amend an ATO certificate or the training specifications—
(a) on the Authority’s own initiative, under the applicable legislation; or
(b) upon application by the certificate holder.
(9) A training organisation located outside Kenya may apply for a Kenyan ATO
certificate, to provide training leading to a licence issued by Authority provided the
requirements of these Regulations are met.
6. Validity of the certificate
A certificate issued or renewed to an approved training organisation (ATO) shall be valid
for twelve months from the date of issue or renewal, unless a shorter period is specified by
the Authority unless—
(a) the Authority amends, suspends, revokes or otherwise terminates the
certificate; or
(b) the ATO surrenders it to the Authority.
7. Inspection
(1) The Authority may, at any time, inspect an approved training organisation (ATO)
certificate holder’s facilities, records, personnel and equipment to determine the ATO’s
ongoing compliance with these Regulations.
(2) The Authority shall conduct inspections at least once annually.
(3) After the inspection specified in subregulation (1), an ATO certificate holder shall be
notified, in writing, of any deficiencies found during the inspection.
(4) An inspection shall also be conducted on the applicant for, or on the holder of an
ATO certificate based outside Kenya.
(5) An inspection carried out pursuant to this regulation shall focus on—
(a) adequacy of, and qualifications of staff;
(b) validity of instructors’ licences, ratings and logbooks;
(c) training aircraft, associated documents and maintenance records;
(d) synthetic flight trainers qualification and approval;
(e) facilities: library, class rooms, training equipment adequacy to the courses
being conducted and the number of students;
(f) documentation: documents related to the courses; updating system; training
and operations manuals;
(g) training records and assessment forms;
(h) flight instruction including pre-flight briefing, actual flight debriefing for ATOs
for flight crew training;
(i) examination: management and control;
(j) instruction program for personnel other than flight crew; and
(k) quality assurance system.
(6) The issuance of an approval for a training organisation and the continued validity
of the approval shall depend upon the training organisation being in compliance with the
requirements of this Regulation.
8. Renewal of the certificate
(1) An approved training organisation (ATO) may apply for renewal of its ATO certificate
at least thirty days before the expiry date in order to ensure continuity of the training, provided
the ATO meets the requirements prescribed in these Regulations.
(2) The Authority shall inspect an ATO that applies for a renewal to ensure that the ATO
meets the requirements prescribed in these Regulations.

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9. Suspension or revocation
The Authority shall suspend or revoke an approved training organisation certificate, if
it is established that a certificate holder has not met, or no longer meets the requirements
of these Regulations.
10. Certificate holder responsibilities
A holder of an approved training organisation (ATO) certificate shall—
(a) ensure that the facilities and working environment of the ATO are appropriate
for the tasks to be performed;
(b) ensure that it has the necessary technical data, equipment, training devices
and material to conduct the courses for which it is approved;
(c) not make a substantial change in facilities, equipment or material that have
been approved for a particular training program, unless that change is
approved by the Authority in advance; and
(d) maintain the records required by these Regulations in facilities adequate for
that purpose;
(e) describe the method used for the completion and retention of the training
records.
11. Quality system for ATO
(1) An approved training organisation (ATO) shall establish a quality system acceptable
to the Authority which includes—
(a) an independent audit procedure to monitor training standards;
(b) the integrity of knowledge examinations and practical assessments; and
(c) compliance with and adequacy of procedures.
(2) The management of the quality system must include feedback of the independent
audit findings to the ATO senior management personnel and ultimately to the accountable
manager to ensure, as necessary, corrective action.
(3) The quality system shall meet the requirements prescribed in the First Schedule to
these Regulations.
12. Location of Principal Business Office
An applicant for, or holder of an approved training organisation certificate shall establish
and maintain a principal business office that is physically located at the address shown on
the certificate.
13. Satellite ATOs
(1) A holder of an approved training organisation (ATO) certificate may conduct training
in accordance with a training program approved by the Authority at a satellite ATO if—
(a) the facilities, equipment, personnel and course content of the satellite ATO
meet the applicable requirements;
(b) the instructors at the satellite ATO are under the direct supervision of
management personnel of the principal ATO; and
(c) the ATO certificate holder’s training specifications reflect the name and
address of the satellite ATO and the approved training courses offered at the
satellite ATO.
(2) The Authority shall issue training specifications which prescribe the operations
required and authorized at each satellite ATO.
(3) An ATO may sub-contract certain activities to any other organisations subject to the
approval of the Authority.
(4) The ultimate responsibility for the training provided by the satellite ATO remains with
the principal ATO.

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(5) The ATO and the satellite ATO will execute a written agreement defining the safety
and quality-related services to be provided; the satellite ATO’s safety related activities
relevant to the agreement should be included in the ATO’s quality assurance programme.
14. Changes requiring notice to the Authority
(1) An approved training organisation ATO shall notify the Authority within thirty days
of any of the following changes—
(a) the Accountable Manager;
(b) the Quality Manager;
(c) the instructional staff;
(d) the housing, training facilities and equipment, procedures, training programs
and work scope that could affect the approval; and
(e) a description of the method used for the completion and retention of the
training records.
(2) The Authority may prescribe the conditions under which the ATO may operate
during the period such changes as specified in subregulation (1) occurs unless the Authority
determines that the approval be suspended.
15. Training Manual and Procedures Manual
(1) An applicant or a holder of an approved training organisation (ATO) certificate
shall prepare and maintain a Training Manual and Procedures Manual (TMPM) containing
information and instructions to enable staff to perform their duties and to give guidance to
students on how to comply with course requirements, as listed in the Training Manual and
Procedures Manual (TMPM) set out in the Second Schedule to these Regulations.
(2) An ATO may combine the TMPM.
(3) The ATO shall ensure that the TMPM is amended as necessary to keep the
information contained therein up to date.
(4) Copies of all amendments to the TMPM shall be furnished promptly to all
organisations or persons to whom the manual has been issued.
(5) The training organisation shall provide training and procedures manual for the use
and guidance of personnel concerned.
16. Safety programme and management system
(1) The Authority shall establish a safety programme in order to achieve an acceptable
level of safety in the approved training Organisation under these Regulations.
(2) An Approved Training Organisation (ATO) holder shall establish and maintain a
safety management system acceptable to the Authority.
(3) The safety management system referred to in subregulation (2) shall—
(a) identify actual and potential safety hazards;
(b) ensure that remedial action necessary to maintain an acceptable level of
safety is implemented; and
(c) provide for continuous monitoring and regular assessment of the safety level
achieved; and
(d) make continuous improvement to the overall level of safety.
(4) A safety management system shall clearly define lines of safety accountability
throughout the training organisation, including a direct accountability for safety on the part
of senior management.
(5) The ATO shall develop and maintain a formal process that ensures that hazards in
operations are identified and the hazards identification is based on a combination of reactive,
proactive and predictive methods of safety data collection.
(6) The ATO shall develop and maintain a formal process that ensures analysis,
assessment and control of safety risks in training operations.

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(7) The ATO shall, as part of certification requirements, submit an SMS manual to the
Authority for approval and shall include—
(a) a scope of safety management system;
(b) the safety policy and objectives;
(c) safety accountabilities;
(d) key safety personnel;
(e) documentation control procedures;
(f) coordination of emergency response planning;
(g) hazards identification and safety risk management schemes;
(h) safety assurance;
(i) safety performance monetary;
(j) safety audit;
(k) management of change;
(l) safety promotion; and
(m) contacted activities.
PART III – TRAINING FOR FLIGHT CREW LICENCES AND RATINGS
17. Flight crew training courses
The Authority may approve, as provided in the training specifications, the following
courses of instruction to an applicant for, or a holder of an approved training organisation
certificate, provided the applicant meets the requirements of the Civil Aviation (Personnel
Licensing) Regulations, 2013 and these Regulations—
(a) private pilot licence course;
(b) commercial pilot licence course;
(c) instrument rating course;
(d) commercial pilot licence or instrument rating-multi-engine or crew resource
management integrated course;
(e) airline transport pilot licence course;
(f) multi-crew pilot licence;
(g) flight engineer licence course;
(h) flight navigator licence course;
(i) class rating course;
(j) type rating course;
(k) crew resource management course;
(l) flight instructor course;
(m) instructor course for additional type or class ratings;
(n) instructor course for synthetic flight training;
(o) refresher courses;
(p) category II and III Ops;
(q) ETOPS;
(r) human factors;
(s) safety management systems; and
(t) any such other course as the Authority may approve.
18. Personnel
(1) An approved training organisation (ATO) shall satisfy the Authority that there shall
be on its staff—
(a) an accountable manager;

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(b) a quality manager;


(c) a head of training;
(d) a chief flight instructor, as applicable;
(e) a chief ground instructor as applicable; and
(f) an adequate number of ground and flight instructors relevant to the courses
provided.
(2) An instructor to be used for flight training must hold an instructor rating or
authorization in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2010
relevant to the instructions given.
(3) An ATO shall ensure that all instructional personnel receive initial and continuation
training appropriate to their assigned tasks and responsibilities; the training program for
instructional personnel established by the ATO shall include training in knowledge and skills
related to human performance.
(4) The responsibilities and qualifications of the management personnel employed in an
ATO shall be as specified in the Third Schedule to these Regulations.
(5) The Authority may approve positions, other than those listed, if the ATO is able to
show that it can conduct the training with the high training standard under the direction of
fewer or different categories of management personnel due to the—
(a) kind of training conducted;
(b) number of students;
(c) locations of training.
(6) An ATO shall prescribe the duties and qualification of the personnel designated as
responsible for planning, performing and supervising the training of the personnel referred
to in subregulation (1).
(7) The competence of training personnel shall be in accordance with procedures
prescribed and accepted by the Authority.
19. Training program and approval
(1) An applicant for, or a holder of an approved training organisation (ATO) certificate,
shall apply to the Authority for training program approval.
(2) An applicant for, or holder of an ATO certificate shall develop training program for
each type of course offered which shall include—
(a) a breakdown of flying and theoretical knowledge instruction in either a week-
by-week or phase presentation, a list of standard exercises and a curriculum
summary; in particular, synthetic flight training and theoretical knowledge
instruction shall be phased in such a manner as to ensure that students shall
be able to apply to flying exercises the knowledge gained on the ground;
(b) minimum aircraft and flight training equipment requirements for each
proposed program;
(c) minimum instructor qualifications for each proposed program; and
(d) a program for initial training and continuing training of each instructor
employed to instruct in a proposed program.
(3) The content and sequence of the training program shall be acceptable to the
Authority.
(4) The training organisation shall provide training and procedures manual for the use
and guidance of personnel concerned and the manual may be issued in separate parts and
shall contain at least the following information—
(a) a general description of the scope of training authorized under the
organisation’s terms of approval;
(b) the content of the training programmes offered including the courseware and
equipment to be used;

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(c) a description of the organisation’s quality assurance system;


(d) a description of the organisation’s facilities;
(e) the name, duties and qualification of the person designated as responsible
for compliance with the requirements of the approval;
(f) a description of the procedures used to establish and maintain the
competence of instructional personnel; and
(g) a description, when applicable, of additional training needed to comply with
an operator’s procedures and requirements.
20. Training aircraft
(1) A holder of an approved training organisation certificate shall provide an adequate
fleet of training aircraft appropriate to the courses of training for flight crew licences and
ratings and aircraft provided shall be fitted with duplicated primary flight controls for use by
the instructor and the student and shall not have swing-over flight controls.
(2) The fleet provided under subregulation (1) shall include—
(a) as appropriate to the courses of training, aeroplanes suitable for
demonstrating stalling and spin avoidance;
(b) helicopters shall include, as appropriate to the courses of training, a helicopter
suitable for auto-rotation demonstration; and
(c) aircraft suitably equipped to simulate instrument meteorological conditions
and suitably equipped for instrument flight training and testing.
21. Synthetic flight trainers
(1) An applicant for, or a holder of an approved training organisation certificate providing
synthetic flight training shall—
(a) satisfy the Authority that suitably equipped synthetic flight trainers are
provided having regard to the number of students and organisation of
courses; and
(b) show that each synthetic flight trainer used for training, testing and checking
will be or is specifically qualified and approved by the Authority for—
(i) each manoeuvre and procedure for the make, model and series of
aircraft, set of aircraft, or aircraft type simulated, as applicable; and
(ii) each training program or training course in which the synthetic flight
trainer is used, if that program or course is used to satisfy any
requirement of these Regulations.
(2) Synthetic training devices shall be qualified according to the requirements
established by Kenya and their use shall be approved by the Licensing Authority to ensure
that they are appropriate to the task.
22. Aerodrome and sites
(1) An applicant for, or a holder of, an approved training organisation certificate that
intends to conduct or conducts flight training shall show that it has continuous use of each
airport and sites for helicopter training at which training flights originate and that the airport
has an adequate runway and other necessary equipment.
(2) A base aerodrome and any alternative base aerodrome at which flying training is
being conducted shall have at least the following facilities—
(a) at least one runway or take-off area that allows training aircraft to make a
normal take-off or landing at the maximum take-off or maximum landing mass
authorized, and touch down autorotation as appropriate—
(i) under calm wind of not more than five knots conditions and
temperatures equal to the mean high temperature for the hottest
month of the year in the operating area;
(ii) clearing all obstacles in the take-off flight path by at least fifty feet;

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(iii) with the powerplant operation and the landing gear, if applicable
recommended by the manufacturer;
(iv) with a smooth transition from lift-off to the best rate of climb speed
without exceptional piloting skills or techniques;
(b) wind direction indicator that is visible at ground level from the ends of each
runway;
(c) have adequate runway electrical lighting if used for night training;
(d) have a traffic direction indicator when—
(i) the airport does not have an operating control tower; and
(ii) traffic and wind advisories are not available; and
(e) sites shall be available for—
(i) confined area operation training;
(ii) simulated engine off autorotation; and
(iii) sloping ground operation.
23. Training facilities
(1) An applicant for, or a holder of an approved training organisation (ATO) certificate
shall, subject to the determination by the Authority, have facilities appropriate for the
maximum number of students expected to be taught at any time.
(2) The minimum facilities shall be—
(a) for flight operations—
(i) an operation room;
(ii) a flight planning room;
(iii) adequate briefing rooms;
(iv) an office for the instructors;
(b) for knowledge instructions—
(i) classroom accommodation;
(ii) suitable demonstration equipment;
(iii) a radio telephony training and testing facility;
(iv) a library; and
(v) an office for instructors.
(3) A holder of an ATO certificate shall not make a substantial change in facilities,
equipment or material that have been approved for a particular training program unless that
change is approved by the Authority in advance.
PART IV – TRAINING FOR LICENCES AND RATINGS FOR AIRCRAFT MAINTENANCE
ENGINEERS, AIR TRAFFIC CONTROLLERS AND FLIGHT OPERATION OFFICERS
24. Training courses for licenses and ratings for aircraft maintenance
engineers, air traffic controllers and flight operation officers
The Authority may approve the following courses of instruction to an applicant for, or
holder of an approved training organisation certificate, provided the applicant meets the
requirements of the Civil Aviation (Personnel Licensing) Regulations, 2013—
(a) aircraft maintenance engineers basic course;
(b) airframe rating, powerplant rating, avionics rating course;
(c) air traffic controller licence course;
(d) training for ratings for air traffic controller licences;
(e) flight operation officer course;
(f) flight radio telephony operator course; and

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(g) cabin crewmember course.


25. Personnel
(1) An approved training organisation (ATO) shall satisfy the Authority that an adequate
number of qualified, competent staff are employed as follows—
(a) an accountable manager;
(b) a quality control manager;
(c) a head of training;
(d) a chief instructor; and
(e) an adequate number of instructors relevant to the courses provided,
qualified in accordance with the requirements of the Civil Aviation (Personnel
Licensing) Regulations, 2013.
(2) The ATO shall ensure that all instructional personnel receive initial and continuation
training appropriate to their assigned tasks and responsibilities of the training program
established by the training organisation and shall include training in knowledge and skills
related to human performance.
(3) The personnel specified in this regulation shall submit their credentials to the
Authority and shall show that they have relevant qualifications and satisfactory experience
related to approved training as appropriate in accordance with the Third Schedule to these
Regulations.
26. Training program and approval
(1) An applicant for, or a holder of an approved training organisation certificate shall—
(a) apply to the Authority for an approval of a training program;
(b) ensure that each training program submitted to the Authority for approval
meets the applicable requirements;
(c) indicate in the application—
(i) courses which are part of the program; and
(ii) requirements of the Civil Aviation (Personnel Licensing) Regulations,
2010 which may be satisfied.
(2) Where the Authority finds that the approved training programme does not meet
the applicable requirements, it shall require the holder to make revision in the training
programme.
27. Training facilities, equipment and material for aircraft maintenance
engineer courses
(1) An applicant for, or a holder of an approved training organisation (ATO) certificate that
intends to conduct or conducts aircraft maintenance engineer courses shall have suitable
facilities, as determined by the Authority, appropriate for the maximum number of students
expected to be taught at any time and the ratings sought, as follows—
(a) an enclosed adequately equipped classroom;
(b) a well equipped library;
(c) workshops, equipment, tools, adequate supply of materials, special tools and
similar articles for the rating sought;
(d) adequate office facilities; and
(e) secure storage facilities for examination papers and training records.
(2) An applicant for, or holder of an ATO certificate with approved licenced maintenance
engineer courses shall have and maintain the adequate instructional equipment as is
appropriate to the rating sought.
(3) A holder of an ATO certificate shall not make any change in facilities, equipment or
material that have been approved for a particular training program, unless that change is
approved by the Authority in advance.

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(4) An applicant for, or holder of, an ATO certificate to conduct aircraft maintenance
engineer courses shall ensure that the tools, equipment, materials, and instructional
equipment required by paragraphs (1) and (2) be in satisfactory working condition for
instructional and practice purposes.
28. Training facilities, equipment and material for air traffic controllers or
flight radio telephony operator
(1) An applicant for, or holder of, an approved training organisation (ATO) certificate
to train air traffic controllers or flight radio telephony operators shall have facilities as
determined by the Authority, appropriate for the maximum number of students expected to
be taught at any time and the ratings sought, as follows—
(a) an enclosed adequately equipped classroom;
(b) well equipped library;
(c) well designed simulators appropriate for the rating sought;
(d) adequate office accommodation for instructors;
(e) control desk or console where applicable;
(f) ICAO approved syllabus for rating being sought; and
(g) secure storage facilities for examination papers and training records.
(2) An applicant for, or a holder of, an ATO certificate with air traffic control or flight radio
telephony operator courses shall maintain instructional equipment as is appropriate to the
rating sought.
(3) A holder of an ATO certificate to train air traffic controllers or flight radio telephony
operators shall not make any change in facilities, equipment, simulators or materials that
have been approved for a particular training unless that change is approved by the Authority
in advance.
(4) An applicant for, or holder of, an ATO certificate to train air traffic controllers or
flight radio telephony operators shall ensure that the equipment, materials, and simulators
required by paragraphs (1) and (2) be in satisfactory working condition for instructional and
practice purposes.
29. Training facilities, equipment and material for flight operations officers
or cabin crewmembers
(1) An applicant for, or holder of an approved training organisation (ATO) certificate to
train flight operations officers or cabin crewmembers shall have facilities, as determined by
the Authority, appropriate for the maximum number of students expected to be taught at any
time, as follows—
(a) adequate enclosed classroom;
(b) flight operations facilities, including—
(i) an operations room;
(ii) a flight planning room;
(iii) an office for the instructors;
(c) suitable demonstration equipment and cabin mock-ups;
(c) suitable radio telephony training and testing facility (for flight operations officer
training only);
(d) a library; and
(e) secure storage facilities for examination papers and training records.
(2) An applicant for, or a holder of an ATO certificate for flight operations officers or
cabin crewmembers courses shall have and maintain instructional equipment appropriate
for the training sought.

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(3) A holder of an ATO certificate shall not make a substantial change in facilities,
equipment or material that have been approved for a particular training program, unless that
change is approved by the Authority in advance.
(4) An applicant for, or holder of, an ATO certificate to train flight operations officers or
cabin crewmembers shall ensure that the equipment and materials, required by paragraphs
(1) and (2) be in satisfactory working condition for instructional and practice purposes.
30. Advertising limitations
(1) An approved training organisation shall not—
(a) conduct or advertise to conduct any training, testing, or checking that is not
approved by the Authority if that training is designed to satisfy any requirement
of these Regulations;
(b) make any statement relating to its ATO certification and training specifications
that is false or designed to mislead any person contemplating enrolment in
that ATO; or
(c) advertise that the ATO is certified unless it clearly differentiates between
courses that have been approved under these Regulations and those that
have not been approved under these Regulations.
(2) An ATO whose certificate has been surrendered, suspended, revoked, or terminated
shall promptly—
(a) remove all indications, including signs, wherever located, that the ATO was
certified by the Authority; and
(b) notify all advertising agents, and advertising media employed by the ATO to
cease all advertising indicating that the ATO is certified by the Authority.
PART V – EXEMPTIONS
31. Requirements for application
(1) A person may apply to the Authority for an exemption from any of the provisions
of these Regulations.
(2) An application for an exemption shall be submitted to the Authority at least sixty days
in advance of the proposed effective date, to obtain timely review.
(3) A request for an exemption must contain the applicant’s—
(a) name;
(b) physical address and mailing address;
(c) telephone number;
(d) fax number if available; and
(e) email address if available.
(4) The application shall be accompanied by a fee prescribed by the Authority.
32. Substance of the request for exemption
(1) An application for an exemption shall contain the following—
(a) a citation of the specific requirement from which the applicant seeks
exemption;
(b) an explanation of why the exemption is needed;
(c) a description of the type of operations to be conducted under the proposed
exemption;
(d) the proposed duration of the exemption;
(e) an explanation of how the exemption would be in the public interest, that is,
benefit the public as a whole;

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(f) 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;
(g) 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; and
(h) if the applicant seeks to operate under the proposed exemption outside of
Kenya’s airspace, an indication whether the exemption would contravene any
provision of the Standards and Recommended Practices of the International
Civil Aviation organisation (ICAO) as well as the Regulations pertaining to the
airspace in which the operation will occur.
(2) Where the applicant seeks expedient processing of the application, the application
must contain supporting facts and reasons that the application was not filed in time, and the
reasons why it should be processed expeditiously.
(3) The Authority may deny an application for exemption from the application of any of
the provisions of these Regulations if the Authority finds that the applicant has not given
sufficient reasons for the exemption within the period specified in regulation 31(2).
33. Initial review by the Authority
(1) The Authority shall review the application for accuracy and compliance with the
requirements of regulations 31 and 32.
(2) If the application appears on its face to satisfy the provisions of this regulation and
the Authority determines that a review of its merits is justified, the Authority will publish a
detailed summary of the application in the Government Gazette for comment and specify
the date by which comments must be received by the Authority for consideration.
(3) Where the filing requirements of regulations 31 and 32 have not been met, the
Authority will notify the applicant and take no further action until and unless the applicant
corrects the application and re-files it in accordance with these Regulations.
(4) If the request is for emergency relief, the Authority shall publish the application or
the Authority’s decision as soon as possible after processing the application.
34. Evaluation of the request
(1) Upon the initial review and if the filing requirements have been satisfied, the Authority
shall conduct an evaluation of the request to determine whether—
(a) an exemption would be in the public interest;
(b) the applicant’s proposal would provide a level of safety equivalent to that
established by the regulation, although where the Authority decides that a
technical evaluation of the request would impose a significant burden on the
Authority’s technical resources, the Authority may deny the exemption on that
basis;
(c) a grant of the exemption would contravene the applicable International Civil
Aviation Organisation Standards and Recommended Practices; and
(d) the request should be granted or denied, and of any conditions or limitations
that should be part of the exemption.
(2) The Authority shall notify the applicant by letter and publish a detailed summary of
its evaluation and decision to grant or deny the request.
(3) The summary referred to in subregulation (2) shall specify the duration of the
exemption and any conditions or limitations of the exemption.
(4) If the exemption affects a significant population of the aviation community of Kenya
the Authority shall publish the summary in the aeronautical information circular.
PART VI – GENERAL PROVISIONS
35. Possession of the licence

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(1) A holder of a licence, certificate or authorisation issued by the Authority shall have
that licence, certificate or authorisation in his physical possession or at the work site when
exercising the privileges of the licence, certificate or authorisation.
(2) A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or
authorisation and have that licence, certificate or authorisation in his physical possession or
at the work site when exercising the privileges of the licence, certificate or authorisation.
36. Drug and alcohol testing and reporting
(1) A person who performs any function requiring the Authority’s approval may be tested
for drug or alcohol usage.
(2) Where the Authority or any person authorised by the Authority wishes to test a person
referred to in subregulation (1) for the per centage by weight of alcohol in the blood, or for
the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances
in the body, and that person—
(a) refuses to submit to the test; or
(b) having submitted to the test, refuses to authorise the release of the test
results, the Authority may suspend or revoke the certificate of the approved
training organisation (ATO) that employs that person.
(3) In determining whether to suspend or revoke the certificate of the ATO, the Authority
shall consider all relevant factors, including—
(a) whether the ATO had knowledge of the drug or alcohol use;
(b) whether the ATO encouraged the person to refuse the drug or alcohol test;
(c) whether the ATO dismissed the person who failed or refused the drug tests; or
(d) the position that person held in the ATO.
(4) The Authority shall require the ATO to show cause why that person should not be
dismissed from the employment of the ATO.
(5) A person who is convicted, whether in or outside Kenya, for any offence relating
to the growing, processing, manufacture, sale, disposition, possession, transportation, or
importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances,
shall be dismissed from the employment of the ATO.
(6) The Authority may suspend or revoke the certificate of an ATO that refuses to dismiss
from its employment a person convicted under subregulation (4).
37. Inspection of certificates and authorisations
A person who holds a certificate or authorisation required by these Regulations shall
present it for inspection upon a request from the Authority or any other person authorised
by the Authority.
38. Change of name
(1) A holder of a certificate or authorisation issued under these Regulations may apply
to change the name on a certificate or authorisation.
(2) The holder shall include with any such request—
(a) the current certificate or authorisation; and
(b) a court order, or other legal document verifying the name change.
(3) The Authority may change the certificate or authorisation and issue a replacement
thereof.
(4) The Authority shall return to the holder the original documents specified in
subregulation 2(b) and retain copies thereof and return the replaced certificate or
authorisation with the appropriate endorsement.
39. Change of Address

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(1) A holder of a certificate or authorisation issued under these Regulations shall notify
the Authority of the change in the physical and mailing address and shall do so in the case
of—
(a) physical address, at least fourteen days in advance;
(b) mailing address upon the change.
(2) A person who fails to notify the Authority of the change of physical address within the
time frame specified in subregulation (1) shall not exercise the privileges of the certificate
or authorisation.
40. Replacement of documents
A person may apply to the Authority in the prescribed form for replacement of documents
issued under these Regulations if such documents are lost or destroyed.
41. Certificate suspension and revocations
(1) The Authority may, where it considers it to be in the public interest,
suspend provisionally, pending further investigation, any certificate, approval, exemption,
authorisation or such other document issued, granted or having effect under these
Regulations.
(2) The Authority may, upon the completion of an investigation which has shown
sufficient ground to its satisfaction and where it considers it to be in the public interest,
revoke, suspend, or vary any certificate, approval, exemption or such other document issued
or granted under these Regulations.
(3) The Authority may, where it considers it to be in the public interest, prevent any
person or aircraft from flying.
(4) A holder or any person having the possession or custody of any certificate, approval,
exemption or such other documents which has been revoked, suspended or varied under
these Regulations shall surrender it to the Authority within 14 days from the date of
revocation, suspension or variation.
(5) The breach of any condition subject to which any certificate, approval, exemption or
any other document, has been granted or issued under these Regulations shall render the
document invalid during the continuance of the breach.
42. Use and retention of certificates and records
(1) A person shall not—
(a) use any certificate, approval, exemption or such other document issued or
required by or under these Regulations which has been forged, altered,
revoked, or suspended, or to which he is not entitled; or
(b) forge or alter any certificate, approval, exemption or such other document
issued or required by or under these Regulations; or
(c) lend any certificate, approval, exemption or such other document issued or
required by or under these Regulations to such other person; or
(d) make any false representation for the purpose of procuring for himself or
any other person the grant issue renewal or variation of any such certificate,
approval, or exemption or such other document.
(2) During the period for which it is required under these Regulations to be preserved,
a person shall not mutilate, alter, render illegible or destroy any records, or any entry made
therein, required by or under these Regulations to be maintained, or knowingly make, or
procure or assist in the making of, any false entry in any such record, or wilfully omit to make
a material entry in such record.
(3) All records required to be maintained by or under these Regulations shall be recorded
in a permanent and indelible material.

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(4) A person shall not purport to issue any certificate or exemption for the purpose of
these Regulations unless he is competent, qualified and authorised to do so under these
Regulations.
(5) A person shall not issue any certificate of the kind referred to in subregulation (4)
unless he has satisfied himself that all statements in the certificate are correct, and that the
applicant is qualified to hold that certificate.
43. Record keeping
(1) A holder of an approved training organisation (ATO) certificate shall have a system
to maintain and retain the following records for a minimum period of ten years from the date
of completion of training—
(a) details of training given to individual students;
(b) detailed and regular progress reports from instructors including assessments,
and regular progress tests and examinations;
(c) trainee information, including, names, course, certificates held, expiry dates
of medical certificates and if applicable, ratings.
(2) An ATO shall maintain a system for recording the qualifications and training of
instructional and examining staff, where appropriate.
(3) Records of qualifications and training of instructors and examiners shall be retained
for a minimum period of ten years after the instructor or examiner ceases to perform a
function for the training organisation.
(4) An ATO shall submit training records and report as required by the Authority.
(5) The format of the student training records shall be specified in the training manual.
44. Reports of violation
(1) Any person who knows of a violation of the Act, or any rule, regulation, or order
issued there under, shall report it to the Authority.
(2) The Authority will determine the nature and type of any additional investigation or
enforcement action that need be taken.
45. Enforcement of directions
A person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
46. Aeronautical user fees
(1) The Authority may notify the fees to be charged in connection with the issue,
validation, renewal, extension or variation of any certificate, licence or other document,
including the issue of a copy thereof, or the undergoing of any examination, test, inspection
or investigation or the grant of any permission or approval, required by, or for the purpose
of these Regulations any orders, notices or proclamations made thereunder.
(2) Upon an application being made in connection with which any fee is chargeable in
accordance with the subregulation (1), the applicant shall be required, before the application
is entertained, to pay the fee so chargeable.
(3) If, after payment has been made, the application is withdrawn by the applicant or
otherwise ceases to have effect or is refused, the Authority shall not refund the payment
made.
47. Application of Regulations to Government and visiting forces, etc
(1) These Regulations shall apply to aircraft, not being military aircraft, belonging to
or exclusively employed in the service of the Government, and for the purposes of such
application, the department or other authority for the time being responsible for management
of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an

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aircraft belonging to the Government, to be the owner of the interest of the Government in
the aircraft.
(2) Except as otherwise expressly provided, the naval, military and air force authorities
and member of any visiting force and property held or used for the purpose of such a force
shall be exempt from the provision of these Regulations to the same extent as if the visiting
force formed part of the military force of Kenya.
48. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations—
(a) in so far as they apply, whether by express reference or otherwise, to aircraft
registered in Kenya, shall apply to such aircraft wherever they may be;
(b) in so far as they apply, whether by express reference or otherwise, to other
aircraft, shall apply to such aircraft when they are within Kenya;
(c) in so far as they prohibit, require or regulate, whether by express reference
or otherwise, the doing of anything by any person in, or by any of the crew
of, any aircraft registered in Kenya, shall apply to such persons and crew,
wherever they may be; and
(d) in so far as they prohibit, require or regulate, whether by express reference or
otherwise, the doing of anything in relation to any aircraft registered in Kenya
by other persons shall, where such persons are citizens of Kenya, apply to
them wherever they may be.
PART VII – OFFENCES AND PENALTIES
49. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his certificate,
approval, authorisation, exemption or such other document revoked or suspended.
50. Offences and penalties
(1) A person who contravenes any provision of these Regulations, orders, notices or
proclamations made thereunder in relation to an aircraft, the operator of that aircraft and the
pilot-in-command, if the operator or, the pilot in command is not the person who contravened
that provision he shall, without prejudice to the liability of any other person under these
Regulations for that contravention, be deemed for the purposes of the following provisions of
this Regulation to have contravened that provision unless he proves that the contravention
occurred without his consent or connivance and that he exercised all due diligence to prevent
the contravention.
(2) If it is proved that an act or omission of any person, which would otherwise have
been a contravention by that person of a provision of these Regulations, orders, notices
or proclamations made there under was due to any cause not avoidable by the exercise
of reasonable care by that person, the act or omission shall be deemed not to be a
contravention by that person of that provision.
(3) Where a person is charged with contravening a provision of these Regulations
orders, notices or proclamations made there under by reason of his having been a member
of the flight crew of an aircraft on a flight for the purpose of commercial air transport
operations, the flight shall be treated, without prejudice to the liability of any other person
under these Regulations, as not having been for that purpose if he proves that he neither
knew nor had reason to know that the flight was for that purpose.
(4) A person who contravenes any provision of these Regulations, orders, notices or
proclamations made thereunder not being a provision referred to in subregulation (11) shall,
upon conviction, be liable to a fine provided for under this regulation, and in the case of a
continuing contravention, each day of the contravention shall constitute a separate offence.
(5) In case an aircraft is involved in a contravention and the contravention is by the
owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.

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(6) Any aircraft subject to alien for the purpose of subregulation (5) may be seized by
and placed in the custody of the Authority.
(7) The aircraft shall be released from custody of the Authority upon—
(a) payment of the penalty or the amount agreed upon in compromise;
(b) deposit of a bond in such amount as the Authority may prescribe, conditioned
upon payment of the penalty or the amount agreed upon in compromise;
(c) receiving an order of the court to that effect.
(8) A person who contravenes any provision specified as an “A” provision in the Fourth
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding one million shillings for each offence and or to imprisonment for a term not
exceeding one year or to both.
(9) The Authority and any person specifically authorised by name by him or any police
officer not below the rank of inspector specifically authorised by name by the Minister,
may compound offences under Part A of the Schedule to these Regulations by assessing
the contravention and requiring the person reasonably suspected of having committed the
offence to pay to the Authority a sum equivalent in Kenya shillings of one hundred United
States dollars and three hundred United States dollars for provisions referred to in sub-part
(i) and sub-part (ii) respectively in Part A of the Fourth Schedule to these Regulations.
(10) Where any person is aggrieved by any order made under subregulation (9), he may,
within twenty one days of such order being made, appeal against the order to the High Court
and the provisions of the Criminal Procedure Act (Cap. 75) shall apply mutatis mutandis, to
every such appeal as if it were an appeal against a sentence passed by a district court in
the exercise of its original jurisdiction.
(11) A person who contravenes any provision specified as a “B” provision in the Fourth
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding two million shillings for each offence and or to imprisonment for a term not
exceeding three years or to both.
(12) A person who contravenes any provision of these Regulations not being a provision
referred to in the Fourth Schedule to these Regulations commits an offence and is liable
on conviction to a fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four million shillings.
51. Revocation
The Civil Aviation (Approved Training Organisations) Regulations, 2007 (L.N. 39/2007)
are repealed.

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FIRST SCHEDULE
[Regulation 11(3).]

QUALITY SYSTEM
Approved Training Organisation: Quality System
1. Interpretation
In this Schedule:
“quality” means the totality of features and characteristics of a product or service
that bear on its ability to satisfy stated or implied needs;
“quality assurance” means all those planned and systematic actions necessary
to provide adequate confidence that all training activities satisfy given requirements,
including the ones specified by the ATO in relevant manuals;
“quality audit” means a systematic and independent examination to determine
whether quality activities and related results comply with planned arrangements and
whether these arrangements are implemented effectively and are suitable to achieve
objectives;
“quality manual” means the document containing the relevant information
pertaining to the ATO’s quality system and quality assurance programme;
“small ATO” means an ATO with capacity to train a maximum of 50 students.
2. The quality system of an ATO for training for licences and ratings shall address the
following five elements—
(a) determination of the organisation’s training policy and training and flight safety
standards;
(b) determination and establishment of assignment of responsibility, resources,
organisation and operational processes, which will make allowance for policy
and training and flight safety standards;
(c) follow up system to ensure that policy, training and flight safety standards are
complied with;
(d) registration and documentation of deviations from policy, training and flight
safety standards together with necessary analysis, evaluations and correction
of such deviations; and
(e) evaluation of experiences and trends concerning policy, training and flight
safety standards.
3. Requirements for a quality system
(1) Purpose of a Quality System
The implementation and employment of a Quality System will enable the ATO to monitor
compliance with the relevant parts of the Procedures Manual and the Training Manual, and
any other standards as established by the ATO or the Authority, to ensure safe and efficient
training.
(2) Quality Policy and Strategy
(a) The ATO shall describe how it formulates, deploys, and reviews its policies
and strategies and turns them into plans and actions. A formal written Quality
Policy Statement shall be established as a commitment by the Accountable.
Manager as to what the Quality System is intended to achieve. The Quality Policy shall
reflect the achievement and continued compliance with relevant parts of the Procedures
Manual and the Training Manual together with any additional standards specified by the
ATO or the Authority.

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(b) The Accountable Manager will have overall responsibility for the Quality
System including the frequency, format and structure of the internal
management evaluation activities.
(3) Quality System
(a) The Quality System of the ATO shall ensure compliance with and the
adequacy of training activities conducted.
(b) The ATO will specify the basic structure of the Quality System applicable to
all training activities conducted.
(c) The Quality System will be structured according to the size of the ATO and
the complexity of the training to be monitored.
(4) Scope
A quality System will address the following—
(a) leadership;
(b) policy and Strategy;
(c) processes;
(d) the relevant provisions of Civil Aviation(Personnel Licensing) Regulations and
these Regulations;
(e) additional standards and training procedures as stated by the ATO;
(f) the organisational structure of the ATO;
(g) responsibility for the development, establishment and management of the
Quality System;
(h) documentation, including manuals, reports and records;
(i) quality Assurance Programme;
(j) the required financial, material and human resources;
(k) training requirements;
(l) customer satisfaction.
(5) Feedback System
The quality system will include a feedback system to ensure that corrective actions are
both identified and promptly addressed. The feedback system also specifies who is required
to rectify discrepancies and non-compliance in each particular case, and the procedure to
be followed if corrective action is not completed within an appropriate timescale.
(6) Documentation
(a) Relevant documentation includes the relevant part(s) of the Training and
Procedures Manual, which may be included in a separate Quality Manual.
(b) In addition, the relevant document also includes the following—
(i) Quality Policy;
(ii) Terminology;
(iii) Specified training standards;
(iv) A description of the organisation;
(v) The allocation of duties and responsibilities;
(vi) Training procedures to ensure regulatory compliance;
(vii) Quality Assurance Programme.
(7) Quality Assurance Programme
(a) The Quality Assurance Programme includes all planned and systematic
actions necessary to provide confidence that all training are conducted in
accordance with all applicable requirements, standards and procedures.
Manager as to what the Quality System is intended to achieve. The Quality
Policy shall reflect the achievement and continued compliance with relevant

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parts of the Procedures Manual and the Training Manual together with any
additional standards specified by the ATO or the Authority.
(b) The Quality Assurance Programme describes:
(i) Schedule of the monitoring process;
(ii) Audit procedures;
(iii) Reporting procedures;
(iv) Follow-up and corrective action procedures;
(v) Recording System;
(vi) The training syllabus;
(vii) Document control.
(c) The Quality Assurance Programme of the ATO shall identify the persons
within the ATO who have the experience, responsibility and authority to—
(i) Perform quality inspections and audits as part of ongoing Quality
Assurance;
(ii) Identify and record any concerns or findings, and the evidence
necessary to substantiate such concerns or findings;
(iii) Initiate or recommend solutions to concerns or findings through
designated reporting channels;
(iv) Verify the implementation of solutions within specific timescales;
(v) Report directly to the Quality Manager.
(8) Quality Inspections
(a) The primary purpose of a quality inspection is to observe a particular event,
action or document etc., in order to verify whether established training
procedures and requirements are followed during the accomplishment of that
event and whether the required standard is achieved.
(b) Typical subject areas for quality inspections are:
(i) all training courses covered under these regulations;
(ii) Maintenance;
(iii) Technical Standards;
(iv) Training Standards.
(9) Audits
(a) An audit is a systematic, and independent comparison of the way in which a
training is being conducted against the way in which the published training
procedures say it should be conducted.
(b) Audits include at least the following quality procedures and processes:
(i) An explanation of the scope of the audit;
(ii) Planning and preparation;
(iii) Gathering and recording evidence;
Analysis of the evidence.
(c) The various techniques that make up an effective audit are—
(i) Interviews or discussions with personnel;
(ii) A review of published documents;
(iii) The examination of an adequate sample of records;
(iv) The witnessing of the activities which make up the training;
(v) The preservation of documents and the recording of observations.
(10) Auditors
(a) The ATO must decide, depending on the complexity of the training, whether
to make use of a dedicated audit team or a single auditor. In any event,

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the auditor or audit team shall have relevant training and/or operational
experience.
(b) The responsibilities of the auditors will be clearly defined in the relevant
documentation.
(11) Auditor's independence
(a) Auditors shall not have any day-to-day involvement in the area of the
operation or maintenance activity which is to be audited. An ATO may, in
addition to using the services of full-time dedicated personnel belonging to
a separate quality department, undertake the monitoring of specific areas or
activities by the use of part-time auditors.
(b) An ATO whose structure and size does not justify the establishment of
full-time auditors may undertake the audit function by the use of part-time
personnel from within its own organisation or from an external source under
the terms of an agreement acceptable to the Authority.
(c) In all cases the ATO will develop suitable procedures to ensure that persons
directly responsible for the activities to be audited are not selected as part of
the auditing team. Where external auditors are used, it is essential that any
external specialist is familiar with the type of training conducted by the ATO.
(12) Audit Scope
ATOs are required to monitor compliance with the Training and Procedures Manuals they
have designed to ensure safe and efficient training. In doing so they should as a minimum,
and where appropriate, monitor—
(a) organisation;
(b) plans and objectives;
(c) training procedures;
(d) flight Safety;
(e) manuals, logs and records;
(f) flight and duty time limitations;
(g) rest requirements and scheduling;
(h) aircraft maintenance and operations interface;
(i) maintenance programmes and continued airworthiness;
(j) maintenance accomplishment.
(13) Audit Scheduling
(a) A Quality Assurance Programme will include a defined audit schedule and a
periodic review cycle. The schedule may be flexible, and allow unscheduled
audits when trends are identified. Follow-up audits will be scheduled when
necessary to verify that corrective action was carried out and that it was
effective.
(b) An ATO will establish a schedule of audits to be completed during a specific
calendar period. All aspects of the training are to be reviewed within a period
of twelve months in accordance with the programme unless an extension to
the audit period is accepted as explained below.
(c) An ATO may increase the frequency of their audits at their discretion but
should not decrease the frequency without the acceptance of the Authority. It
is considered unlikely that a period of greater than twenty-four months would
be acceptable for any audit topic.
(d) When an ATO defines the audit schedule, significant changes to the
management, organisation, training, or technologies must be considered, as
well as changes to the regulatory requirements.
(14) Monitoring and corrective action—

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(a) The primary aim of monitoring within the Quality System is to investigate and
judge its effectiveness, thereby ensuring that defined policies and training
standards are complied with continuously. Monitoring activity is based upon
quality inspections, audits, corrective action and follow-up. The ATO shall
establish and publish a quality procedure to monitor regulatory compliance
on a continuing basis. The objective of this monitoring activity is eliminating
the causes of unsatisfactory performance.
(b) Any non-compliance identified shall be communicated to the manager
responsible for taking corrective action or, if appropriate, the Accountable
Manager. Such non-compliance shall be documented to support further
investigation, to determine the cause, and to enable the development of
recommendations of appropriate corrective actions.
(c) The Quality Assurance Programme shall include procedures to ensure that
corrective actions are developed in response to findings. These quality
procedures will allow for the monitoring of corrective actions to verify
their effectiveness and that they have been completed, organisational
responsibility and accountability for the implementation of corrective action
resides with the department cited in the report identifying the finding. The
Accountable Manager will have the ultimate responsibility for ensuring,
through the Quality Manager(s), that corrective action has re-established
compliance with the standard required by the Authority and any additional
requirements established by the ATO.
(15) Corrective action
Subsequent to the quality inspection or audit, the ATO will determine:
(i) The seriousness of any findings and any need for immediate corrective action;
(ii) The origin of the finding
(iii) What corrective actions are required to ensure that the non-compliance does
not recur;
(iv) A schedule for corrective action;
(v) The identification of individuals or departments responsible for implementing
corrective action;
(vi) Allocation of resources by the Accountable Manager, where appropriate.
The Quality Manager will:
(i) Verify that corrective action is taken by the manager responsible in response
to any finding of non-compliance;
(ii) Verify that corrective action includes the elements outlined in paragraph (14)
above;
(iii) Monitor the implementation and completion of corrective action;
(iv) A schedule for corrective action;
(v) Evaluate the effectiveness of corrective action through the follow-up process.
(16) Management Evaluation
(a) A management evaluation is a comprehensive, systematic documented
review by the management of the quality system, training policies, and
procedures.
(b) A management evaluation considers the results of quality inspections, audits
and any other relevant indicators, as well as the overall effectiveness of
the management organisation in achieving stated objectives. A management
evaluation also identifies and corrects trends, and prevents, where possible,
future non-conformities. Conclusions and recommendations made as a result
of an evaluation should be submitted in writing to the responsible manager
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(c) The responsible manager is an individual who has the authority to resolve
issues and take action. The Accountable Manager will decide upon the
frequency, format, and structure of internal management evaluation activities.
(17) Recording
Accurate, complete and readily accessible records documenting the result of the Quality
Assurance Programme are to be maintained by the ATO. Records are essential to enabling
an ATO to analyze and determine the root causes of non-conformity, so that areas of non-
compliance can be identified and subsequently addressed.
(b) The following records are to be retained for a period of five years—
(i) Audit schedules;
(ii) Quality inspection and audit reports;
(iii) Responses to findings;
(iv) Corrective action reports;
(v) Follow-up and closure reports;
(vi) Management evaluation reports.
(18) Quality Assurance Responsibility for Satellite ATOs
The ATO will ensure that the satellite ATO has the necessary authorisations or approvals,
and commands the necessary resources and competence to undertake the tasks. If the ATO
requires the satellite ATO to conduct activity which exceeds the satellite ATO’s authorisation
or approval, the ATO is responsible for ensuring that the satellite ATO’s quality assurance
takes account of such additional requirements.
(19) Quality System Training
Correct and thorough training is essential to optimise quality in every organisation. In
order to achieve significant outcomes of such training the ATO will ensure that its staff
understands the objectives as laid down in the Quality Manual.
Those responsible for managing the Quality System are to receive training covering:
The way in which the Quality System will function in the ATO:
(i) An introduction to the concept of Quality System;
(ii) Quality management;
(iii) Concept of Quality Assurance;
(iv) Quality manuals;
(v) Audit techniques;
(vi) Reporting and recording
(c) Time must be provided to train every individual involved in quality
management and for briefing the remainder of the employees. The allocation
of time and resources is to be governed by the size and complexity of the
operation concerned.
(d) Sources of Training.
Quality management courses are available from the various national or international
institutions, and an ATO may consider whether to rely on such institutions in training those
personnel likely to be involved in the management of Quality Systems. organisations with
sufficient, appropriately-qualified staff may consider whether to carry out in-house training.
(20) Quality Systems for small ATO.
(a) The requirement to establish and document a Quality System, and to employ
a Quality Manager applies to all ATOs.
(b) Complex quality systems may be inappropriate for small ATOs and the clerical
effort required to draw up manuals and quality procedures for a complex
system may stretch their resources. An ATO will tailor its quality system to
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(c) Small ATOs may develop a Quality Assurance Programme that employs
a checklist. The checklist must have a supporting schedule that requires
completion of all checklist items within a specified timescale, together
with a statement acknowledging completion of a periodic review by top
management. An occasional independent overview of the checklist contents
and achievement of the Quality Assurance should be undertaken.
(d) The small ATO may decide to use internal or external auditors or a
combination of the two. In these circumstances, external specialists and or
qualified organisations may perform the quality audits on behalf of the Quality
Manager.
(e) If the independent quality audit function is conducted by external auditors, the
audit schedule will be described in the relevant documentation.
(f) Whatever arrangements are made, the main ATO retains the ultimate
responsibility for the quality system and especially the completion and follow-
up of corrective actions.

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SECOND SCHEDULE ATO TRAINING MANUAL


AND PROCEDURES MANUAL CONTENTS
[Regulation 15(1).]

1. General
The Training Manual for approved training courses shall include the following—
(i) A list and description of all volumes in the training manual;
(ii) A list of effective pages and revision pages;
(iii) Corporate Commitment statement;
(iv) A list of Management staff;
(v) Responsibilities and qualifications of Management staff;
(vi) Organisation Chart;
(vii) Description of facilities, equipment and data;
(viii) Type of approved training courses and the capability lists;
(ix) Amendment of Training Manual;
(x) Notification Procedure to Authority.
(xi) Number of instructors;
2. Pilot Training
The Training Manual for use at an ATO conducting approved training courses for pilots
shall include the following—
(a) The Training Plan:
(i) Aim of the course:
A statement of what the student is expected to do as a result of the
training, the level of performance, and the training constraints to be
observed;
(ii) Pre-entry requirements:
Minimum age, educational requirements including language, and
medical requirements;
(iii) Credits for previous experience:
To be obtained from the Authority before training begins;
(iv) Training Curricula:
The single engine flying curriculum, the multi-engine flying curriculum,
the synthetic flight training curriculum and the theoretical knowledge
training curriculum;
(v) The time scale and scale in weeks:
For each curriculum: arrangements of the course and the integration
of curricula time;
(vi) Training program:
The general arrangements of daily and weekly programs for flying,
ground and synthetic flight training; bad weather constraints; program
constraints in terms of maximum student training times (flying,
theoretical knowledge, synthetic) e.g. per day or week or month;
restrictions in respect of duty periods for students; duration of dual
and solo flights at various stages; maximum flying hours in any day
or night; maximum number of training flights in any day or night and
minimum rest period between duty period for students;
(vii) Training records:

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Rules for security of records and documents; attendance records;


the form of training records to be kept; persons responsible for
checking records and students’ log books; the nature and frequency
of records checks; standardisation of entries in training records and
rules concerning log book entries;
(viii) Safety training:
Individual responsibilities; essential exercises; frequency of
emergency drills; frequency of dual checks at various stages and
requirement before first solo day or night or navigation;
(ix) Checks and tests:
Flying: Progress checks and skill tests. Knowledge: Progress tests and
knowledge tests. Authorization for test. Rules concerning refresher
training before retest. Test reports and records. Procedures for
test paper preparation, type of question and assessment, standard
required for ‘Pass’. Procedure for question analysis and review and
for raising replacement papers. Test resit procedures;
(x) Training effectiveness:
Individual responsibilities; General Assessment; liaison between
departments; identification of unsatisfactory progress individual
students; actions to correct unsatisfactory progress; procedure for
changing instructors; maximum number of instructor changes per
student; internal feedback system for detecting training deficiencies;
procedure for suspending a student from training; discipline and
reporting and documentation;
(xi) Standards and level of performance at various stages:
Individual responsibilities. Standardization. Standardization
requirements and procedures. Application of test criteria.
(b) Briefing and air exercises:
(i) Air exercise:
A detailed statement of the content specification of all the air exercises
to be taught, arranged in the sequence to be flown with main and sub-
titles;
(ii) Air exercise reference list:
An abbreviated list of the exercises referred to paragraph (i) giving
only main and sub-titles for quick reference, and preferably in flip-card
form to facilitate daily use by instructors;
(iii) Course structure - Phase of training:
A statement of how the course will be divided into phases, indication
of how the air exercises referred to in paragraph (ii) will be divided
between the phases and how they will be arranged to ensure that
they are completed in the most suitable learning sequence and that
essential emergency exercises are repeated at the correct frequency.
Also, the curriculum hours for each phase and for groups of exercises
within each phase shall be stated and when progress tests are to be
conducted, etc.;
(iv) Course structure integration of curricula:
The manner in which theoretical knowledge, synthetic flight training
and flying training will be integrated so that as the flying training
exercises are carried out students will be able to apply the knowledge
gained from the associated theoretical knowledge instruction and
synthetic flight training;

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(v) Student progress:


The requirement for student progress including a brief but specific
statement of what a student is expected to be able to do and the
standard of proficiency the student must achieve before progressing
from one phase of air exercise training to the next. Include minimum
experience requirements in terms of hours, satisfactory exercise
completion, as necessary before significant exercises, such as night
flying;
(vi) Instructional methods:
The requirements, particularly in respect of pre and post-flying briefing,
adherence to curricula and training specifications and authorisation of
solo flights;
(vii) Progress tests:
The instructions given to examining staff in respect of the conduct and
document of all progress tests;
(viii) Glossary of terms:
Definition of significant terms as necessary;
(ix) Appendices:
Samples of: Progress report forms, progress test report forms, skill test
report forms, certificates of experience, competence, etc. as required,
issued by an ATO.
(c) Synthetic flight training: Structure generally as in (b).
(d) Knowledge instruction: Structure generally as in (b) with a training
specification and objectives for each subject. Individual lesson plans to
include mention of the specific training aids available for use.
3. Training other than for Pilots
The Training Manual for use by an ATO conducting approved training courses other than
pilots training shall include the following:
(a) The Course Plan:
(i) The objectives and learning outcomes;
(ii) Pre-entry requirements: Minimum age, educational requirements
including language, and medical requirements as applicable for
training sought;
(iii) A list showing each subject and the topics covered in the subject;
(iv) A description of the examination or assessment methods and the
examination or assessment criteria;
(v) A description of:
(vi) A description of the facilities including classroom, laboratory and
workshop necessary to deliver the training;
(vii) A list showing the prerequisites, if any, for each subject;
(viii) Credits for previous experience: to be obtained from the Authority
before training begins;
(ix) A statement showing the number of hours of training that are
necessary for each topic and for the whole course.
(x) The minimum and maximum student attendance requirements for
each subject and description of the way in which students’ attendance
is checked and recorded.
(xi) For each subject, a copy of—

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(xii) A list showing the units of competency that must be completed for
each course
(b) Training:
(i) Organisation of courses and course schedules;
(ii) Preparation of courses material;
(iii) Preparation of classroom equipment;
(iv) Preparation of workshops, simulation media and equipment;
(v) Method of conducting knowledge and practical training;
(vi) Retention of Records of Training conducted;
(vii) Rules for security of records and documents; attendance records; the
form of training records to be kept; persons responsible for checking
records and students’ log books; the nature and frequency of records
checks; and standardisation of entries in training records;
(viii) Use of locations other than location for which the ATO is approved;
(ix) Conduct of basic practical training.
(c) Examinations:
(i) Organisation and conduct of Examinations;
(ii) Security of Examination Materials;
(iii) Preparation of Examination Rooms;
(iv) Marking and record of Examinations;
(v) Storage and retention of Examination records;
(vi) Examination or assessment at satellite locations;
(vii) Preparation, Control and Issue of training course records;
(viii) Storage of course material and equipment;
(ix) Prevention, Investigation and reporting of examination or assessment
misconduct.
(d) Certification:
(i) Course transcript;
(ii) Certificates.
PROCEDURES MANUAL
The Procedures Manual for approved training courses shall include the following:
1. General
(i) a list and description of all volumes in the procedure manual;
(ii) a list of effective pages and revision pages;
(iii) corporate Commitment statement;
(iv) a list of Management Staff;
(v) responsibilities and qualifications of Management Staff;
(vi) organisation chart;
(vii) description of facilities, equipment and data;
(viii) type of approved training courses and the capability lists;
(ix) amendment of Procedures Manual and Training Manual;
(x) number of instructors;
(xi) notification Procedure to Authority.
2. Pilot Training
(i) a list and description of all volumes in the Procedures Manual;

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(ii) administration (function and management);


(iii) schedules of responsibilities for all management and administrative staff;
(iv) student discipline and disciplinary action;
(v) approval/authorization of flights;
(vi) preparation of flying programme (restriction of numbers of aircraft in poor
weather);
(vii) control of training aircraft;
(viii) responsibilities of pilot-in-command;
(ix) carriage of passengers;
(x) aircraft documentation;
(xii) retention of documents;
(xiii) flight crew qualification records;
(xiv) renewal of licences and medical certificates;
(xv) flying duty period and flight time limitations for flying instructors;
(xvi) flying duty period and flight time limitations for students;
(xvii) rest periods for flying instructors;
(xviii) rest periods for students;
(xix) pilots’ log books;
(xx) flight planning; and
(xxi) safety covering general: equipment, radio listening watch, hazards, accidents
and incidents (including reports) and safety pilots.
(b) Technical
(i) aircraft descriptive notes;
(ii) aircraft handling (including checklists, limitations, aircraft maintenance
and technical logs, in accordance with relevant requirements, etc.);
(iii) emergency procedures;
(iv) radio and radio navigation aids;
(v) Minimum equipment list (MEL); and
(vi) Configuration deviation list (CDL).
(c) Route
performance (legislation, take-off, route, landing, etc.);
flight planning (fuel, oil, minimum safe altitude, navigation equipment, etc.);
loading (loadsheets, mass, balance, limitations);
weather minima (flying instructors);
weather minima (students: at various stages of training); and
training routes/areas.
(c) Staff training
(i) appointments of persons responsible for standards or competence of
flying staff;
(ii) initial training;
(iii) refresher training;
(iv) standardization training;
(v) proficiency checks;
(vi) upgrading training; and
(vii) Staff standards evaluation.

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(d) Quality Management System—


(i) the procedure for quality control of training;
(ii) the procedures used to audit examination and competency
assessment system;
(iii) the procedures used to analyse the results of any examination or
assessment;
(iv) the procedures used to rectify deficiencies identified by analysis in (iii);
(v) the procedure used for conducting periodic reviews including
information on review timetable;
(vi) the procedure for maintenance of instructors’ skills and qualifications;
(vii) the procedure used for recording instructors’ qualification;
(viii) the procedures to assess compliance and adequacy of the
procedures.
3. Training other than for Pilots
(a) Training and Examination Procedures
(i) courses organisation procedures;
(ii) the procedures used to develop or acquire documents for Training and
Examinations;
(iii) the procedures used to prepare and use of equipment for theory and
basic practical training;
(iv) the procedures for conducting knowledge and practical training;
(v) training record storage and retention procedures;
(vi) procedures for conducting examinations and practical skill
assessments;
(vii) procedures for marking of examinations and recording the results;
(viii) procedures for storage of examination records;
(ix) the procedures for storage of course material and equipment used for
instruction;
(x) procedures to prevent, investigate and report to Authority any
examination or assessment misconduct.
Quality Management System
(i) the procedure for quality control of training;
(ii) the procedures used to audit examination and competency assessment
system;
(iii) the procedures used to analyse the results of any examination or assessment;
(iv) the procedures used to rectify deficiencies identified by analysis in (iii);
(v) the procedure used for conducting periodic reviews including information on
review timetable;
(vi) the procedure for maintenance of instructors’ skills and qualifications;
(vii) the procedure used for recording instructors’ qualification;
(viii) the procedures to assess compliance and adequacy of the procedures.
Appendices
(i) samples of documents and forms used;
(ii) syllabus of each training course.
Staff training
(i) appointments of persons responsible for standards or competence of training
staff;

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(ii) initial training;


(iii) refresher training;
(iv) standardization training;
(v) proficiency checks;
(vi) upgrading training; and
(ix) Staff standards evaluation.

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THIRD SCHEDULE
[Regulations 18(4) and 25(3).]

ATO MANAGEMENT PERSONNEL RESPONSIBILITIES AND QUALIFICATIONS


PART A: GENERAL–FOR ALL APPROVED TRAINING ORGANISATIONS
1. Accountable Manager
(1) The Accountable Manager:
(a) Is the Chief Executive and corporate authority for ensuring that all training
commitments are financed and carried out to the standard required by the
Authority and any additional requirements defined by the aviation training
organisation; and
(b) May delegate in writing to another person within the organisation, the day-to-
day management but not the overall approval management responsibility.
(2) The Accountable Manager shall possess the following qualifications:
(a) A background in the management of training organisations;
(b) Knowledge of the Civil Aviation (Approved Training organisation) Regulations
and the regulations and other materials published by the Authority that are
applicable to the courses taught by the ATO; and
(c) A thorough understanding of the organisation and training program of the
ATO.
2. Quality Manager
(a) The Quality Manager shall:
(i) have the primary role to verify, by monitoring activities in the field
of training, that the standards required by the Authority, and any
additional requirements as established by the ATO are being carried
out properly;
(ii) be responsible for ensuring that the Quality Assurance Programme
is properly implemented, maintained and continuously reviewed and
improved;
(iii) have direct access to all parts of the ATO’s organisation; and
(iv) in the case of small ATO’s, the posts of the Head of Training and the
Quality manager may be combined.
(b) In the case that the posts of the Head of Training and the Quality Manager are
combined the quality audits shall be conducted by an independent personnel;
(c) The minimum qualifications for Quality Manager are:
(i) A technically qualified person in at one field of training to be conducted;
(ii) At least three years experience in the training to be conducted;
(iii) Must have successfully completed a training in quality management
recognized by the Authority.
PART B — FLIGHT CREW TRAINING
1. Head of Training
The Head of Training shall have:
(a) overall responsibility for ensuring satisfactory integration of flying training,
synthetic flight training and theoretical knowledge instruction and for
supervising the progress of individual students; and
(b) had extensive experience in training as a flight instructor for professional pilot
licences and possess a sound managerial capability;

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(c) must have good interpersonal and communication skills, be technically


competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people.
2. Chief Flight Instructor
The Chief Flight Instructor shall:
(a) be responsible for the supervision of flight and synthetic flight instructors and
for the standardisation of all flight instruction and synthetic flight instruction;
(b) hold the highest professional pilot licence related to the flying training courses
conducted;
(c) hold the rating(s) related to the flying training courses conducted;
(d) hold a flight instructor rating for at least one of the types of aircraft used on
the course; and
(e) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people.
3. Flight and Synthetic Flight Instructors
(a) A Flight Instructor shall hold:
(i) a professional pilot licence and ratings related to the flying training courses
conducted;
(ii) a flight instructor rating on the types of aircraft used on the course; and
(iii) an instrument rating instructor endorsement if he is to conduct instrument
rating training.
(b) A Synthetic flight instructor shall:
(i) be a holder or have held a professional pilot licence; and
(ii) possess an authorization from the Authority.
4. Chief Ground Instructor
The Chief Ground Instructor shall:
(a) be responsible for the supervision of ground instructors and for the
standardisation of all ground instruction;
(b) hold a Ground Instructor’s licence in the field he is to give instructions;
(c) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people; and
(d) have received training in the teaching and instructional techniques.
5. Ground instructor
A Ground Instructor shall:
(a) hold a Ground Instructor’s licence in the field he is to give instructions;
(b) have good interpersonal and communication skills;
(c) be technically competent and a person of integrity; and
(d) have received training in the teaching and instructional techniques.
6. Flight Engineer Instructor
A Flight Engineer Instructor shall:

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(a) hold a flight engineer licence and ratings related to the training courses to be
conducted;
(b) hold an authorisation from the Authority on the course to be conducted; and
(c) hold an authorisation in accordance with the Civil Aviation (Personnel
Licensing) Regulations, 2013 if he is to conduct training in synthetic flight
trainer.
PART C – AIRCRAFT MAINTENANCE ENGINEERING TRAINING
1. Head of Training
The Head of Training shall have:
(a) overall responsibility for ensuring satisfactory integration of engineering
training, that includes practical and theoretical knowledge instruction and for
supervising the progress of individual students;
(b) or had a AME licence and extensive experience in training aircraft
maintenance engineers and possess a sound managerial capability; and
(c) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people.
2. Chief Aircraft Maintenance Engineering Instructor
The Chief Aircraft Maintenance Engineering Instructor shall:
(a) be responsible for the supervision of instructions and for the standardisation
of all engineering instructions and shall;
(b) hold an AME licence with ratings related to the courses to be conducted;
(c) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people; and
(d) have received training in the teaching and instructional techniques.
3. Aircraft Maintenance Engineering Instructor
An Aircraft Maintenance Engineering Instructor shall:
(a) hold an AME licence with ratings related to the courses to be conducted; and
(b) have received training in the teaching and instructional techniques.
PART D – AIR TRAFFIC CONTROL TRAINING
1. Head of Training
The Head of Training shall have:
(a) overall responsibility for ensuring satisfactory integration of ATS training in
both, theoretical and simulator training, and for supervising the progress of
individual students;
(b) had extensive experience in training techniques and managerial capability;
and
(c) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people.
2. Air Traffic Control Chief Instructor
The Air Traffic Control Chief Instructor shall:

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(a) have had extensive experience in training techniques in the field of air traffic
control;
(b) be responsible for the supervision of the instructors and for the
standardisation of all theoretical and simulator instructions;
(c) hold all the air traffic control ratings related to the ATC courses conducted;
(d) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people; and
(e) have received training in the teaching and instructional techniques.
3. Air Traffic Control Instructor
An Air Traffic Control Instructor shall:
(a) hold an air traffic control licence with ratings related to the ATC courses to
be conducted; and
(b) have received training in the teaching and instructional techniques.
PART E – FLIGHT OPERATIONS OFFICER (FOO) TRAINING
1. Head of Training
The Head of Training shall have:
(a) overall responsibility for ensuring satisfactory integration of Flight Operations
training in both, theoretical and practical training, and for supervising the
progress of individual students; and
(b) had extensive experience in training techniques and managerial capability;
and
(c) must have good interpersonal and communication skills, be technically
competent and a person of integrity, be impartial in carrying out tasks, be
tactful, have good understanding of human nature and posses the ability to
get along with other people.
2. Flight Operations Chief Instructor
The Chief Instructor shall:
(a) hold or held a Flight Operations Officer’s Licence; or
(b) possess experience and training requirements for Flight Operations Officer
licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations;
(c) be responsible for the supervision of all instructors and for the standardisation
of all the instruction;
(d) have good interpersonal and communication skills, be technically competent
and a person of integrity, be impartial in carrying out tasks, be tactful, have
good understanding of human nature and posses the ability to get along with
other people; and
(e) have received training in the teaching and instructional techniques.
3. Flight Operations Instructor
The Flight operations Instructor shall:
(a) hold a Flight Operations Officer’s Licence; or
(b) possess experience and training requirements for Flight Operations Officer
licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations;
and

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(c) have received training in the teaching and instructional techniques.

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FOURTH SCHEDULE
[Regulations 50(8), (9), (11) and (12).]

OFFENCES AND PENALTIES

Regulation Number Regulation Title Penalties


7(1), (2) Requirements for an ATO A(ii)
Certification
10 Certificate holder A(ii)
responsibilities
11 Quality systems for an ATO A(ii)
23(3 Training facilities. B
27(3) Training facilities equipment B
and material for aircraft
maintenance engineer
course.
28(3) Training facilities, equipment B
and material for air traffic
controllers or flight radio
telephony operator.
29(3) Training facilities, equipment B
and material for flight
operations officers or cabin
crewmembers.
30 Advertising limitations. B
37 Inspection of licences and A(ii)
certificates.
42(1), (2), (4), (5) Use and retention of B
certificates and records.
45 Enforcement of directions. A

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CIVIL AVIATION (AIR NAVIGATION SERVICES) REGULATIONS, 2013


ARRANGEMENT OF REGULATIONS
PART I– PRELIMINARY PROVISION
Regulation
1. Citation.
2. Interpretation.
3. Application.
PART II – CERTIFICATION OF AIR NAVIGATION SERVICE PROVIDER
4. Requirements for the provision of air navigation services.
5. Application for certificate.
6. Issuance of certificate.
7. Contents of the certificate.
8. Validity of a certificate.
9. Renewal of certificate.
10. Surrender of certificate.
11. Amendment of certificate.
12. Display of certificate.
13. Transfer of certificate.
14. Suspension, variation and cancellation of certificates.
15. Register of certificate holders.
PART III – MANUAL OF AIR NAVIGATION SERVICES OPERATIONS
16. Requirements for the manual of ANS operations.
17. Contents of the manual of ANS operations.
18. Amendment of the manual of ANS operations.
PART IV – AIR NAVIGATION SERVICES
19. Provision of air navigation services.
20. Air navigation services facilities and standard systems.
21. Approval of air navigation services facilities.
22. Safety inspections and audit on air navigation services.
23. Access to air navigation facilities.
24. Production of documents.
25. Air navigation services contingency plan.
26. Alternative designated service provider.
27. Units of measurement.
(a) Air Traffic Services
28. Designation of airspace.
29. Classification of airspace.
30. Determination of the need for the provision of air traffic services.
31. Provision of air traffic services and personnel competency.
32. Categories of air traffic services requirements.
33. Coordination in the provision of air traffic services.
34. Status of operation of air traffic service services facility.
35. Responsibility for control.
36. Communication requirements.
36. Air traffic Incidents.
38. Aircraft in distress.

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39. Automatic recording of ATS data and communications.


40. Determination, reporting, maintenance and protection of air traffic services-related
aeronautical data.
41. Establishment of safety management system.
42. Performance based navigation (PBN) operations.
43. Required communication performance.
44. Provision of air traffic services to aircraft in emergency.
(b) Communication, Navigation and Surveillance
45. Approval requirement.
46. Provision of CNS service.
47. Personnel requirement.
48. Proficiency certification program.
49. Installation, operation and maintenance of Communication, Navigation and
Surveillance systems.
50. Flight inspection.
51. Periodic inspection and testing.
52. Test equipment.
53. Operational status of Communication, Navigation and Surveillance systems.
54. Power supply.
55. Security of communication, navigation and surveillance facilities.
56. Communication procedures.
57. Documentation.
58. Record keeping.
59. Facility malfunction incident reporting.
60. Radio interference reporting.
61. Notification of aeronautical telecommunication facility status.
62. Interruption to service.
63. Test transmissions.
64. CNS facility check after accident or incident.
(c) Aeronautical Information Services and Aeronautical Charts
65. Provision of aeronautical information services.
66. Collection, processing and promulgation of aeronautical information.
67. Common reference systems for air navigation.
68. Production of aeronautical charts.
69. Telecommunication requirements.
70. Quality management system.
71. Personnel requirements.
(d) Aeronautical Search and Rescue Services
72. Provision of Search and Rescue Service.
73. Establishment of the rescue coordination centre.
74. Information to be provided to AIS for promulgation.
75. Search and Rescue plan.
76. Search and Rescue reporting system.
77. Search and Rescue facilities and resources.
78. Search and Rescue personnel requirements.
79. Distress alerting system.
80. Cooperation and coordination with other agencies.
81. Record keeping.

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(e) Meteorological Services for Air Navigation


82. Provision of meteorological service for air navigation.
83. Personnel qualification and training.
84. Quality system.
85. Verification, periodic inspection and testing of meteorological equipment.
86. Human factors principles in the provision of meteorological information.
87. Establishment of meteorological offices.
88. Establishment of aeronautical meteorological stations.
89. Aircraft observation and reporting.
90. Advanced notification for the provision of meteorological information.
91. Recording and post-flight reporting of aircraft observations of volcanic activity.
92. Provision of meteorological information to ATS, SAR and AIS units.
93. Agreement between ATS provider and meteorological Authorities.
94. Requirements for and use of communication facilities.
(f) Construction of Visual and Instrument Flight Procedures
95. Construction of flight procedures.
96. Flight inspection of instrument flight procedures.
97. Procedure designer qualification, training and approval.
98. Responsibilities of a procedure designer.
PART V – EXEMPTIONS
99. Requirements for application for exemption.
100. Review and publication.
101. Evaluation of the request.
PART VI – GENERAL PROVISIONS
102. Drug and alcohol testing and reporting.
103. Change of name.
104. Change of address.
105. Replacement of documents.
106. Use and retention of documents and records.
107. Reports of violation.
108. Failure to comply with direction.
109. Aeronautical fees.
PART VII – OFFENCES AND PENALTIES
110. Contravention of Regulations.
111. Penalties.
112. Appeal.
113. Revocation of L.N. 136/2008.

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CIVIL AVIATION (AIR NAVIGATION SERVICES) REGULATIONS, 2013


[L.N. 78/2013.]

PART I – PRELIMINARY
1. Citation
These Regulations may be cited as the Civil Aviation (Air Navigation Services)
Regulations, 2013.
2. Interpretation
In these Regulations unless the context otherwise requires—
“accident” means an occurrence associated with the operation of an aircraft which
takes place between the time any person boards the aircraft with the intention of flight
until such time as all such persons have disembarked;
(a) a person is fatally or seriously injured as a result of—
(i) being in the aircraft, or
(ii) direct contact with any part of the aircraft, including parts which
have become detached from the aircraft, or
(iii) direct exposure to jet blast,
except when the injuries are from natural causes, self-inflicted or inflicted by other
persons, or when the injuries are to stowaways hiding outside the areas normally
available to the passengers and crew; or
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight
characteristics of the aircraft, and
(ii) would normally require major repair or replacement of the affected
component,
except for engine failure or damage, when the damage is limited to the engine, its
cowlings or accessories; or for damage limited to propellers, wing tips, antennas,
tires, brakes, fairings, small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely inaccessible;
“accuracy” means a degree of conformance between the estimated or measured
value and the true value;
“Act” means Civil Aviation Act, 2013 (No. 21 of 2013);
“Aerodrome” means a defined area on land or water (including any buildings,
installations and equipment) intended to be used either wholly or in part for the arrival,
departure and surface movement of aircraft;
“Aeronautical information” means information resulting from the assembly,
analysis and formatting of aeronautical data;
“Aeronautical Information Circular (AIC)” means a notice containing information
that does not qualify for the origination of a NOTAM or for inclusion in the AIP, but which
relates to flight safety, air navigation, technical, administrative or legislative matters;
“Aeronautical Information Publication (AIP)” means a publication issued by or
with the authority of a State and containing aeronautical information of a lasting character
essential to air navigation;
“AIP amendment” means permanent change to information contained in the AIP;
“AIP supplement” means temporary changes to the information contained in the
AIP which are published by means of special pages;
“Aeronautical Information Service (AIS)” means a service established within the
defined area of coverage responsible for the provision of aeronautical information or data
necessary for the safety, regularity and efficiency of air navigation;

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“AIRAC (aeronautical information regulation and control)” means a system


aimed at advance notification based on common effective dates, of circumstances that
necessitate significant changes in operating practices;
“Aircraft” means any machine that can derive support in the atmosphere from the
reactions of the air other than the reactions of the air against the earth’s surface;
“Air Navigation services” means air traffic services, communication, navigation
and surveillance, and aeronautical information services;
“Air Navigation services facility” means any facility used, available for use,
or designed for use in aid of navigation of aircraft, including airports, landing fields,
any structures, mechanisms, lights, beacons, marks, communicating systems, or other
instruments or devices used or useful as an aid to the safe taking off, navigation, and
landing of aircraft and any combination of such facilities;
“Air navigation services provider” means an independent entity established for
the purpose of operating and managing air navigation services and empowered to
manage and use the revenues it generated to cover its costs;
“Air traffic” means all aircraft in flight or operating on the manoeuvring area of an
aerodrome;
“Air traffic control service” means a service provided for the purpose of:
(a) preventing collisions—
(i) between aircraft; and
(ii) on the manoeuvring area between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of air traffic;
“Air traffic service” means a generic term meaning variously, light information
service, alerting service, air traffic control service area control service, approach control
service or aerodrome control service;
“Assemble” means a process of merging data from multiple sources into a database
and establishing a baseline for subsequent processing;
“ATS route” means a specified route designed for channelling the flow of traffic as
necessary for the provision of air traffic services;
“Authority” means Kenya Civil Aviation Authority;
“Authorised person” means any person authorized by the Authority either generally
or in relation to a particular case or class of cases and any reference to an authorized
person includes reference to the holder for the time being of an office designated by
the Authority;
“Certificate” means the certificate for the provision of Air Navigation Services issued
by the Authority under Part II of these Regulations;
“Control area” means a controlled airspace extending upwards from a specified
limit above the earth;
“Control zone” means a controlled airspace extending upwards from the surface of
the earth to a specified upper limit;
“Controlled aerodrome” means an aerodrome at which air traffic control service is
provided to aerodrome traffic;
“Controlled airspace” means an airspace of defined dimensions within which air
traffic control service is provided in accordance with the airspace classification;
“Controlled flight” means any flight which is subject to an air traffic control
clearance;

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“Cyclic redundancy checks (CRC)” means a mathematical algorithm applied to


the digital expression of data that provides a level of assurance against loss or alteration
of data;
“Danger area” means an airspace of defined dimensions within which activities
dangerous to the flight of aircraft may exist at specified times;
“Data link communications” means a form of communication intended for the
exchange of messages via a data link;
“Data quality” means a degree or level of confidence that the data provided meets
the requirements of the data user in terms of accuracy, resolution and integrity;
“Data set” means identifiable collection of data;
“Designated service provider” means a person or organisation designated by the
Authority to provide services in accordance with these Regulations;
“Flight crewmember” means a licensed crewmember charged with duties essential
to the operation of an aircraft during a flight duty period;
“Flight information centre” means a unit established to provide flight information
service and alerting service;
“Flight information region” means airspace of defined dimensions within which
flight information service and alerting service are provided;
“Flight information service” means a service provided for the purpose of giving
advice and information useful for the safe and efficient conduct of flights;
“Flight level” means a surface of constant atmospheric pressure which is related
to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other
such surfaces by specific pressure intervals;
“Forecast” means a statement of expected meteorological conditions for a specified
time or period, and for a specified area or portion of airspace;
“Human factors principles” means principles which apply to aeronautical design,
certification, training, operations and maintenance and which seek safe interface
between the human and other system components by proper consideration to human
performance;
“Incident” means an occurrence, other than an accident, associated with the
operation of an aircraft which affects or could affect the safety of operation;
“Integrated Aeronautical Information Package” means a package which consists
of the following elements—
(a) AIP, including amendment service;
(b) Supplements to the AIP;
(c) NOTAM and PIB;
(d) AIC; and
(e) checklists and lists of valid NOTAM;
“Integrity (aeronautical data)” means a degree of assurance that an aeronautical
data and its value has not been lost nor altered since the data origination or authorized
amendment;
“International NOTAM office” means an office designated by a State for the
exchange of NOTAM internationally;
“Manual of ANS Standards” means a manual developed by the Authority
prescribing the standards and recommended practices applicable to the provision of air
navigation services;
“Metadata” means data about data;

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“Meteorological office” means an office designated to provide meteorological


service for international air navigation;
“NOTAM” means a notice distributed by means of telecommunication containing
information concerning the establishment, condition or change in any aeronautical
facility, service, procedure or hazard, the timely knowledge of which is essential to
personnel concerned with flight operations;
“Obstacle” means all fixed (whether temporary or permanent) and mobile objects,
or parts thereof, that—
(a) are located on an area intended for the surface movement of aircraft; or
(b) extend above a defined surface intended to protect aircraft in flight; or
(c) stand outside those defined surfaces and that have been assessed as
being a hazard to air navigation;
“Operator” means a person, organisation or enterprise engaged in or offering to
engage in an aircraft operation;
“Performance based navigation (PBN)” means area navigation based on
performance requirements for aircraft operating along an ATS route, on an instrument
approach procedure or in a designated airspace;
“prescribed” means prescribed by the Authority in the Manual of ANS Standards,
Circulars, Notices, Orders, Aeronautical Publications and any other documents;
“printed communications” means communications which automatically provide a
permanent printed record at each terminal of a circuit of all messages which pass over
such circuit;
“prohibited area” means an airspace of defined dimensions, above the land areas
or territorial waters of the State, within which the flight of aircraft is prohibited;
“quality assurance” means part of quality management focused on providing
confidence that quality requirements will be fulfilled;
“quality control” means part of quality management focused on fulfilling quality
requirements;
“quality management” means coordinated activities to direct and control an
organisation with regard to quality;
“quality system” means the organisational structure, procedures, processes and
resources needed to implement quality management;
“reduced vertical separation minima airspace” means the portion of airspace
between flight level 290 and flight level 410 within which vertical separation of 1 000ft
is applicable;
“required communication performance (RCP)” means a statement of the
performance requirements for operational communication in support of specific ATM
functions;
“required communication performance type” means a label (e.g. RCP 240) that
represents the values assigned to RCP parameters for communication transaction time,
continuity, availability and integrity
“rescue” means an operation to retrieve persons in distress, provide for their initial
medical or other needs, and deliver them to a pace of safety;
“restricted area” means an airspace of defined dimensions, above the land areas or
territorial waters of the State, within which the flight of aircraft is restricted in accordance
with certain specified conditions;
“runway” means a defined rectangular area on a land aerodrome prepared for the
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“runway visual range (RVR)” means the range over which the pilot of an aircraft on
the centre line of a runway can see the runway surface markings or the lights delineating
the runway or identifying its centre line;
“search” means an operation normally co-coordinated by a rescue co-ordination
centre or rescue sub-centre using available personnel and facilities to locate persons
in distress;
“Search and Rescue Service” means the performance of distress monitoring,
communication, co-ordination and search and rescue functions, initial medical
assistance or medical evacuation, through the use of public and private resources,
including cooperating aircraft, vessels and other craft and installations;
“terrain” means the surface of the Earth containing naturally occurring features
such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and
excluding obstacles;
“traceability” means the ability to trace the history, application or location of that
which is under consideration;
“validation” means the confirmation, through the provision of objective evidence,
that the requirements for a specific intended use or application have been fulfilled; and
“verification” means the confirmation, through the provision of objective evidence,
that specified requirements have been fulfilled.
3. Application
(1) These Regulations shall apply to a person providing air navigation services within
designated air spaces and at aerodromes.
(2) These Regulations shall not apply to a person providing air navigation services in
the course of his duties for state aircraft.
PART II – CERTIFICATION OF AIR NAVIGATION SERVICE PROVIDER
4. Requirements for the provision of air navigation services
A person shall not provide air navigation services unless—
(a) he holds a certificate issued under these Regulations; and
(b) the services are provided in accordance with—
(i) the requirements prescribed by the Authority in the Manual of ANS
Standards or any other publication of the Authority ; and
(ii) the procedures specified in the Manual of Air Navigation Service
Operations (MANSOPs).
5. Application for certificate
A person applying for a certificate shall make an application in a form prescribed by the
Authority and such application shall be accompanied by—
(a) the applicant’s Manual of Air Navigation Service Operations (MANSOPs)
provided under Regulation 16(1), for approval;
(b) a written statement setting out the services and locations at which they shall
be provided;
(c) the safety management system manual;
(d) the quality management system manual;
(e) the procedures to meet the requirements of the Civil Aviation (Security)
Regulations, 2013 made under the Act;
(f) a written statement on financial capability to provide the service;
(g) the insurance policy in force in relation to the services provided; and
(h) fees as prescribed by the Authority.

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6. Issuance of certificate
(1) The Authority shall, before issuing a certificate, be satisfied that—
(a) the personnel of the applicant are adequate in number and have the
necessary competency to provide the service;
(b) the MANSOPs prepared and submitted with the application contains all the
relevant information;
(c) the facilities, services and equipment are established in accordance with
these Regulations;
(d) the operating procedures make satisfactory provision for the safety of aircraft;
(e) an approved safety management system is in place;
(f) an approved quality management system is in place;
(g) the applicant has approved procedures to meet the requirements of the Civil
Aviation (Security) Regulations, 2013 made under the Act;
(h) the applicant has financial capability to provide the service; and
(i) the applicant has insurance policy in force in relation to the services provided.
(2) Subject to subregulation (1), the Authority may set any other conditions as may be
deemed necessary.
(3) The issuance of a certificate shall be subject to compliance with these Regulations
and any other condition as may be specified or notified by the Authority.
(4) The Authority may refuse to grant a certificate to an applicant and where the Authority
refuses, it shall notify the applicant in writing, of the reasons for the refusal, not later than
fourteen days after making that decision.
7. Contents of the certificate
A certificate shall include the following information—
(a) the holder’s name and physical and mailing address of its principal place of
business;
(b) the type of services to be provided;
(c) the location of services to be provided;
(d) for air traffic service the service to be provided within a particular airspace or
controlled aerodrome designated to the provider by the Authority;
(e) conditions of approval; and
(f) effective and expiry dates of the certificate.
8. Validity of a certificate
A certificate shall be valid for a period of two years from the date of issuance, unless,
surrendered suspended or cancelled in accordance with these Regulations.
9. Renewal of certificate
(1) An application for the renewal of a certificate shall be made in a form prescribed by
the Authority and shall be accompanied by—
(a) the Manual of Air Navigation Service Operations (MANSOPs) if significant
changes have been made following the initial certification; and
(b) the fee as prescribed by the Authority.
(2) The application shall be submitted to the Authority not less than sixty days before
the expiry of the certificate.
(3) The renewal of a certificate shall be subject to compliance with these Regulations
and any other conditions as may be specified or notified by the Authority.
10. Surrender of certificate

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(1) Subject to subregulation (2) and any conditions prescribed by the Authority, a holder
of a certificate may surrender the certificate to the Authority at any time.
(2) A holder of a certificate who wishes to surrender the certificate shall give the Authority
not less than one hundred eighty days notice in writing, before the date on which the
certificate is to be surrendered.
(3) Upon expiry of the period in subregulation (2), air navigation service provider shall
not provide the services unless authorised to do so by the Authority.
11. Amendment of certificate
(1) The Authority may amend a certificate upon—
(a) application made by a holder of a certificate in a form prescribed by the
Authority; or
(b) the Authority’s initiative, where the Authority deems necessary.
(2) A holder of a certificate applying to the Authority for amendment of a certificate under
subregulation (1)(a) shall be required to—
(a) attach to the application form, two copies of the proposed amendments in the
MANSOPs; and
(b) pay such fee as may be prescribed by the Authority.
(3) Where the Authority initiates amendments under subregulation (1)(b) the holder of
a certificate shall be required to make amendments in the MANSOPs accordingly.
12. Display of certificate
(1) The holder of a certificate shall display the certificate, or a copy of it, in a conspicuous
place, generally accessible to the public at the holder’s principal place of business.
(2) Where a copy of the certificate is displayed under subregulation (1), the holder of
the certificate shall produce the original certificate to the Authority for inspection if requested
to do so.
13. Transfer of certificate
A certificate issued under these Regulations shall not be transferable.
14. Suspension, variation and cancellation of certificates
(1) The Authority may, suspend provisionally, pending further investigation, any
certificate issued under these Regulations, if it considers that—
(a) a relevant provision of the Act or these Regulations, or a condition in the
certificate, has not been or is not being complied with;
(b) false or materially incorrect information was given to the Authority in the
application for the certificate; or
(c) it is in the public interest to do so.
(2) The Authority may, upon the completion of an investigation which has shown
sufficient ground to the Authority’s satisfaction suspend, vary or cancel any certificate issued
under these Regulations.
(3) A holder or any person having the possession or custody of any certificate which has
been suspended, varied or cancelled under these Regulations shall surrender the certificate
to the Authority within fourteen days from the date of suspension, variation or cancellation.
15. Register of certificate holders
(1) The Authority shall keep and maintain a register showing—
(a) name of the holder of the certificate;
(b) date of issue or renewal of the certificate;
(c) type of service offered by the holder of the certificate;
(d) expiry date of the certificate;

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(e) date of variation, suspension or cancellation of the certificate, if any;


(f) physical and postal address of the holder of the certificate; and
(g) any other particulars as may be prescribed by the Authority.
(2) Any changes in the particulars recorded under subregulation (1) shall be entered in
the register by the Authority.
(3) The register shall be a public document and any particular entered may be obtained
upon payment of such a fee as may be prescribed by the Authority.
PART III – MANUAL OF AIR NAVIGATION SERVICES OPERATIONS
16. Requirements for the manual of ANS operations
(1) The Manual of Air Navigation Services Operations submitted under these
Regulations shall be—
(a) type written;
(b) signed by the service provider;
(c) in a format that is easy to revise and includes a list of effective pages; and
(d) organized in a manner that facilitates evaluation and approval processes.
(2) A holder of a certificate shall keep at least one approved copy of the manual at the
principal place of business.
17. Contents of the manual of ANS operations
A Manual of Air Navigation Service Operations (MANSOPs) shall contain all information
and instructions necessary to enable the personnel of air navigation service provider perform
their duties and in particular shall include—
(a) services to be provided;
(b) personnel requirements and their responsibilities;
(c) training and performance assessment of staff and how that information is
tracked;
(d) Safety Management System and Quality Management System;
(e) contingency plans developed for part or total system failure;
(f) compliance with the Civil Aviation (Security) Regulations, 2013 as required;
(g) facilities and equipment and how they are installed and maintained;
(h) fault and defect reporting;
(i) maintenance of documents and records;
(j) search and rescue responsibilities and co-ordination, operations, plan and
procedures;
(k) the proposed hours of service;
(l) systems and procedures in the provision of air navigation services; and
(m) any other information requested by the Authority.
18. Amendment of the manual of ANS operations
(1) For the purposes of maintaining the accuracy of the information in the MANSOPs,
the—
(a) holder of a certificate shall whenever necessary, amend the manual; or
(b) Authority may issue a written directive requiring the holder of a certificate to
amend the manual.
(2) Notwithstanding subregulation (1), the holder of a certificate shall submit the
proposed amendment to the Authority for approval, before the manual is amended.
PART IV – AIR NAVIGATION SERVICES
19. Provision of air navigation services

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The Authority shall designate a service provider in accordance with these Regulations
to provide—
(a) air traffic services;
(b) communication, navigation and surveillance systems;
(c) meteorological services for air navigation;
(d) aeronautical search and rescue coordination;
(e) aeronautical information services, aeronautical maps and charts; or
(f) for the construction of visual and instrument flight procedures.
20. Air navigation services facilities and standard systems
A designated air navigation service provider shall—
(a) provide in the designated portion of airspace and aerodromes, facilities for
the provision of air navigation services; and
(b) adopt and put into operation the appropriate standard systems, operational
practices and rules as prescribed by the Authority.
21. Approval of Air Navigation Services facilities
A person shall not install, maintain and operate air navigation service facilities in the
designated airspaces and aerodromes without approval of the Authority.
22. Safety inspections and audit on Air Navigation Services
(1) The Authority shall carry out safety inspections and audits of air navigation facilities,
services, documents and records of the air navigation service provider which may be
necessary to determine compliance with these Regulations.
(2) The safety inspections and audits shall be carried out in accordance with the
requirements prescribed by the Authority.
(3) The Authority may impose operating restrictions or sanctions on the operations of
a certificate holder in the event of non-conformance with the certification requirements or
any unresolved safety concerns.
23. Access to air navigation facilities
An inspector of the Authority shall have unrestricted access to the facilities, installations,
records and documents of the air navigation services and the air navigation meteorological
service provider to determine compliance with these Regulations.
24. Production of documents
A holder of a certificate shall produce any relevant documents under his possession if
requested by an authorised person within seventy-two hours of such request.
25. Air Navigation Services contingency plan
(1) A holder of a certificate shall develop and maintain contingency plans for
implementation in the event of disruption or potential disruption, of air navigation services
in the airspace for which the holder of the certificate is responsible.
(2) The holder of a certificate shall liaise with other air navigation service providers in
adjacent or contiguous airspaces while developing contingency plans.
(3) The contingency plan shall include—
(a) the actions to be taken by the certificate holder’s personnel responsible for
providing the service;
(b) possible alternative arrangements for providing the service; and
(c) the arrangements for resuming normal operations for the service.
(4) The contingency plan shall be developed in accordance with the requirements
prescribed by the Authority.

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26. Alternative designated service provider


(1) The Authority may, when considered necessary and in the public interest, designate
an alternative service provider for a specified period to provide service in respect of a
certificate—
(a) suspended, for the duration of such suspension; or
(b) surrendered by the certificate holder or cancelled by the Authority.
27. Units of measurement
The units of measurement used in air and ground operations shall be as prescribed by
the Authority.
(a) Air Traffic Services
28. Designation of Airspace
(1) The Authority shall designate portions of the airspace or particular aerodromes for
the provision of air traffic services.
(2) The designation of the particular portions of the airspace or the particular aerodromes
shall be—
(a) flight information region;
(b) controlled airspace which shall include—
(i) control area;
(ii) control zone;
(c) controlled aerodromes;
(d) reduced vertical separation minima airspace;
(e) a sector, if the Authority considers such a designation is necessary to facilitate
the provision of air traffic services within the flight information region;
(f) air traffic services routes and significant points along the routes.
(3) The Authority may designate portions of the airspace as special use airspace if it
considers such airspace necessary in the interest of safety or national security or for any
other reasons in the public interest.
(4) Subject to subregulation (3), special use airspace may be designated as—
(a) restricted areas;
(b) prohibited areas;
(c) danger areas;
(d) low flying zone; and
(e) flight training area.
(5) The lateral limits of the airspaces designated under this Regulation shall be defined
by—
(a) geographical coordinates;
(b) prominent geographical lines, circles or any part of a circle of a specified
radius or great circle between two points or a parallel of latitude.
(6) The vertical limits of airspaces designated under these Regulations shall be defined
by heights, altitudes or flights levels.
(7) The Authority shall publish the designation of particular portion of the airspace in the
relevant aeronautical publications.
29. Classification of airspace
(1) The Authority shall classify designated controlled airspace as class A, B, C, D and E.
(2) The Authority shall classify a portion of airspace that is not designated as controlled
airspace under subregulation (1) as class F.

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(3) Any portion of airspace within the flight information region that is not designated
as a controlled airspace or class F airspace, shall be uncontrolled airspace, and shall be
classified as class G airspace.
(4) Subject to the requirements of subregulation (1), (2) and (3), classification of airspace
within Kenya shall be in accordance with relevant regulation of the Civil Aviation (Rules of
the Air) Regulations, 2013.
30. Determination of the need for the provision of air traffic services
In determining the need for the provision of air traffic services the Authority shall take
into consideration—
(a) the types of air traffic involved;
(b) the density of air traffic;
(c) the meteorological conditions; and
(d) any other factors which may be relevant.
31. Provision of air traffic services and personnel competency requirements
(1) The applicant for the provision of air traffic services shall specify in the application
the portions of the airspace and the aerodromes within which air traffic services shall be
provided.
(2) The air traffic services provider shall ensure that the services are provided in
accordance with requirements prescribed by the Authority.
(3) The air traffic services provider shall ensure that personnel providing air traffic
services are competent to provide air traffic services in the designated airspaces and at the
aerodromes as prescribed by the Authority.
(4) A person shall not provide a function related to the provision of air traffic services
unless that person—
(a) has successfully completed training in the performance of that function; and
(b) has been licensed in accordance with the Civil Aviation (Personnel Licensing)
Regulations, 2013.
32. Categories of air traffic services
(1) Air traffic services provided under these Regulations shall include—
(a) aerodrome control service;
(b) approach control service;
(c) approach radar control service;
(d) area control service;
(e) en-route radar control service;
(f) flight information service; and
(g) alerting service.
(2) Subject to subregulation (1), an air traffic service provider shall establish facilities
appropriate for the provision of air traffic services as prescribed by the Authority.
33. Coordination in the provision of air traffic services
(1) An air traffic service provider shall in carrying out its objectives, establish procedures
for the coordination with other air traffic service units, air operators, aerodromes operators,
military authorities, meteorological service providers, aeronautical information service,
communication, navigation and surveillance providers and search and rescue agencies as
prescribed by the Authority.
(2) An air service provider shall establish procedures for coordination of activities
potentially hazardous to civil aircraft as prescribed by the Authority.
34. Status of operation of air traffic service services facility

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An air traffic services provider shall establish procedures to notify without delay, the users
of its services of the relevant operational information and any changes in the operational
status of each facility or service provided.
35. Responsibility for control
An air traffic services provider shall establish procedures to ensure responsibility for
control of an aircraft and transfer of such responsibility as prescribed by the Authority.
36. Communication requirements
An air traffic services provider shall establish communication requirements as prescribed
by the Authority.
37. Air traffic incidents
An air traffic services provider shall establish procedures for the notification,
investigation, and reporting of the air traffic incidents, which shall be made in a prescribed
incident report form.
38. Aircraft in distress
An air traffic services provider shall—
(a) make provision for assistance to aircraft in distress in the designated portion
of airspace;
(b) collaborate in coordinated measures when undertaking search and rescue for
aircraft in distress in accordance with the Regulations made under the Act.
39. Automatic recording of ATS data and communications
(1) An air traffic services provider shall—
(a) make provision for the automatic recording of air traffic service data and
communications; and
(b) retain the recorded air traffic service data and communications for a period
of at least thirty days.
(2) Subject to subregulation (1), the recorded air traffic service data and
communications, if pertinent to accident and incident investigations, shall be retained for
more than thirty days until it is evident that it is no longer required.
40. Determination, reporting, maintenance and protection of air traffic
services–related aeronautical data
(1) An air traffic services provider shall determine and report air traffic services-related
aeronautical data in accordance with accuracy and integrity requirements prescribed by the
Authority.
(2) Air traffic services-related aeronautical data determined under subregulation (1) shall
be maintained, monitored and protected as prescribed by the Authority.
41. Establishment of safety management system
(1) An air traffic services provider shall establish a safety management system in order
to achieve an acceptable level of safety in the provision of air traffic service.
(2) The acceptable level of safety to be achieved as required by subregulation (1) shall
be established by the Authority.
(3) An air traffic services provider shall implement a safety management system
acceptable to the Authority that, as a minimum—
(a) identifies safety hazards;
(b) ensures that remedial action necessary to maintain an acceptable level of
safety is implemented;
(c) provides for continuous monitoring and regular assessment of the safety level
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(d) aims to make continuous improvement to the overall level of safety.


(4) The air traffic services provider shall ensure that any significant safety-related change
to the ATS system, including the implementation of a new procedure, shall only be effected
after a safety assessment has demonstrated that an acceptable level of safety will be
achieved.
(5) When appropriate, air traffic service provider shall ensure that adequate provision is
made for post-implementation monitoring to verify that the defined level of safety continues
to be met.
42. Performance based navigation (PBN) operations
(1) An air traffic services provider shall implement performance based navigation within
designated airspaces and aerodromes in accordance with requirements prescribed by the
Authority.
(2) The Authority shall prescribe navigation specification requirements for PBN
operations on the basis of regional Air Navigation Agreements.
(3) In prescribing navigation specification requirements for PBN operations the Authority
shall consider any limitations arising from navigation infrastructure constraints or specific
navigation functionality requirements.
43. Required communication performance
(1) An air traffic services provider shall implement required navigation performance type
appropriate to the air traffic services provided in the airspace concerned in accordance with
requirements prescribed by the Authority.
(2) The Authority shall prescribe the required communication performance types on the
basis of regional air navigation agreements.
44. Provision of air traffic services to aircraft in emergency
An air traffic services provider shall provide assistance to all aircraft known or believed
to be in a state of emergency in accordance with requirements prescribed by the Authority.
(b) Communication, Navigation and Surveillance
45. Approval Requirement
(1) A person shall not provide communication, navigation and surveillance systems or
operate communication, navigation and surveillance facility or facilities in the designated
airspace and aerodromes unless the system or facility has been approved by the Authority.
(2) The Authority shall approve installation, use, decommissioning, upgrading or
relocation of all the communication, navigation and surveillance facility or facilities in the
designated airspace and aerodromes.
46. Provision of CNS Service
A holder of a certificate shall be responsible for the provision of communication,
navigation and surveillance services to ensure that the telecommunication information and
data necessary for the safe, regular and efficient operation of air navigation is available.
47. Personnel Requirement
(1) A holder of a certificate shall employ competent personnel to perform the installation,
operation and maintenance of communication, navigation and surveillance system in the
designated airspace and aerodromes as prescribed by the Authority.
(2) A person shall not perform a function related to the installation, operation or
maintenance of any communication, navigation and a surveillance system unless—
(a) that person has successfully completed training in the performance of that
function;
(b) the holder of a certificate is satisfied that the technical person is competent
in performing that function; and

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(c) that person has been certified as prescribed by the Authority.


48. Proficiency certification program
The Authority shall develop proficiency certification program of personnel who are
engaged in the installation, operation and maintenance of Communication, Navigation and
Surveillance systems used in the designated airspace and aerodrome.
49. Installation, operation and maintenance of CNS systems
(1) The holder of a certificate shall establish procedure to ensure that the
communication, navigation and surveillance systems—
(a) are operated, maintained, available and reliable in accordance with the
requirements prescribed by the Authority;
(b) are designed to meet the applicable operational specification for that facility;
(c) are installed and commissioned as prescribed by the Authority; and
(d) conform to the applicable system characteristics and specification standards
prescribed by the Authority.
50. Flight inspection
A holder of a certificate shall ensure that the radio navigation aids prescribed by the
Authority are available for use by aircraft engaged in air navigation and are subjected to
periodic ground and flight inspection.
51. Periodic inspection and testing
A holder of a certificate shall establish a procedure for the periodic inspection and testing
of the communication, navigation and surveillance systems to verify that each facility meets
the applicable operational requirements and performance specifications for that facility.
52. Test equipment
A holder of a certificate shall establish a procedure to control, calibrate, and maintain all
the inspection, measuring and test equipment to ensure that each item of equipment has the
precision and accuracy that is necessary for the measurements and tests to be performed.
53. Operational status of communication, navigation and surveillance
systems
A holder of a certificate shall ensure that information on the operational status of
each communication, navigation and surveillance facility that is essential for the en-route,
approach, landing, and take-off phases of light is provided to meet the operational needs
of the service being provided.
54. Power supply
A holder of a certificate shall ensure that a facility is installed with main and standby
power supply to ensure continuity of operation appropriate to the service being provided.
55. Security of CNS facilities
(1) A holder of a certificate shall establish a security programme for the communication,
navigation and surveillance facility.
(2) The security programme required under subregulation (1) shall specify the physical
security requirements, practices, and procedures to be followed for the purposes of
minimising the risk of destruction of, damage to, or interference with the operation of
communication, navigation and surveillance facility.
56. Communication procedures
A holder of a certificate shall ensure that the communication procedures for operating
the facilities are in accordance with procedures prescribed by the Authority.

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57. Documentation
A holder of a certificate shall—
(a) hold copies of relevant equipment manuals, technical standards, practices,
instructions, maintenance procedures, site logbooks, and any other
documentation that are necessary for the provision and operation of the
facility;
(b) establish a procedure for the control of the documentation required under
subregulation (1) as prescribed by the Authority.
58. Record keeping
A holder of a certificate shall establish procedures to identify, collect, index, store,
maintain and dispose records covering—
(a) the performance and maintenance history of each facility;
(b) the establishment of the periodic test programmes for each facility;
(c) each item of test equipment required for the measurement of critical
performance parameters;
(d) each reported or detected facility malfunction;
(e) each internal quality assurance review; and
(f) each person who is authorised to place facilities into operational service.
59. Facility malfunction incident reporting
(1) A holder of a certificate shall establish procedures for the reporting, collection and
notification of facility malfunction incidents and safety incidents.
(2) Reports of such incidents shall be compiled and reviewed periodically by a holder
of a certificate to—
(a) determine the cause of the incidents and determine any adverse trends;
(b) implement corrective and preventive actions where necessary to prevent
recurrence of the incidents; and
(c) implement any measures to improve the safety performance of the
communication, navigation and surveillance systems.
60. Radio interference reporting
A holder of a certificate shall—
(a) ensure that there is no wilful transmission of unnecessary or anonymous radio
signals, messages or data by any of its radio stations;
(b) establish procedures with the communication regulatory authority to address
occurrence of radio frequency interference; and
(c) ensure that any frequency interference occurrence is reported, investigated
and follow-up actions taken to prevent recurrence.
61. Notification of aeronautical telecommunication facility status
A holder of a certificate shall, as soon as possible—
(a) forward to the Aeronautical Information Services—
(i) information on the operational details of any new facility for publication
in the Aeronautical Information Publication; and
(ii) information concerning any change in the operational status of any
existing facility, for the issue of a Notice to Airmen; and
(b) ensure that the information forwarded under sub-paragraph (a) has been
accurately published.
62. Interruption to service

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A holder of a certificate shall—


(a) establish procedure to be used in the event of interruption to or when
upgrading communication, navigation and surveillance systems;
(b) specify an acceptable recovery time for each service.
63. Test transmissions
A holder of a certificate may make a test transmission if—
(a) the transmission is necessary to test a service, facility or equipment; and
(b) within a reasonable time before commencing the transmission, the users have
been informed about the transmission.
64. CNS facility check after accident or incident
A holder of a certificate shall establish a procedure to check and accurately record the
operating condition of any communication, navigation and surveillance facility that may have
been used by an aircraft that is involved in an accident or incident.
(c) Aeronautical Information Services and Aeronautical Charts
65. Provision of aeronautical information services
(1) The Authority may designate an agency to provide aeronautical information services,
maps and charts.
(2) Aeronautical information published by the designated agency shall be in accordance
with requirements prescribed by the Authority.
66. Collection, processing and promulgation of aeronautical information
(1) An Aeronautical Information Service provider shall—
(a) receive, originate, collate or assemble, edit, format, publish, store and
distribute aeronautical information and data concerning the designated
airspace;
(b) publish the aeronautical information as an integrated Aeronautical Information
Package;
(c) ensure that the aeronautical information provided is adequate, of required
quality and timely;
(d) make available to aeronautical information services of other States any
information necessary for the safety, regularity or efficiency of air navigation;
(e) designate the office to which all elements of Integrated Aeronautical
Information Package originated by other States is addressed;
(f) establish procedures that ensure that required information and data is
received in a timely manner from organisations involved in aircraft operations
or those that have information and data that supports the air navigation
system.
(2) The holder of a certificate shall on request, by other agencies provide, all information
relating to the designated airspace.
(3) The conditions, requirements, rules, procedures and standards for the publication
of the aeronautical information in the—
(a) Aeronautical Information Circular;
(b) Aeronautical Information Publication and its amendments;
(c) Aeronautical Information Publication Supplements;
(d) Notice to Airmen (NOTAM),
as the case may be, shall be as prescribed by the Authority.

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(4) The aeronautical information publication amendments and Supplements issued


under the Aeronautical Information Regulation and Control (AIRAC) system shall be as
prescribed by the Authority.
(5) Each information or data originator shall provide timely aeronautical information or
data in their custody to the AIS provider in accordance with letters of agreement between
the AIS provider and the originators of the information and data.
(6) The Aeronautical Information Service Provider shall provide electronic terrain and
obstacle data as prescribed by the Authority.
67. Common reference systems for air navigation
(1) World Geodetic System 1984 (WGS-84) geodetic reference datum shall be used
in published aeronautical geographical coordinates (indicating latitude and longitude) as a
horizontal reference system.
(2) Mean sea level (MSL) datum, shall be used as the vertical reference system for air
navigation.
(3) The Gregorian calendar and Coordinated Universal Time (UTC) shall be used as
the temporal reference system.
68. Production of aeronautical charts
(1) An Aeronautical Information Service provider shall ensure—
(a) the availability of the required charts containing information relevant to the
function of the chart; and
(b) the design of the charts observe human factors principles as prescribed by
the Authority.
(2) Each type of chart shall provide accurate and adequate information appropriate to
the phase of flight.
(3) The aeronautical charts shall be produced and maintained in a form prescribed by
the Authority.
69. Telecommunication requirements
(1) Each international NOTAM office shall be connected, through the aeronautical fixed
service (AFS), within the airspace for which it provides service, to—
(a) area control centres and flight information centres;
(b) aerodrome or heliport at which an information service is provided with pre-
flight briefing and post-flight information.
(2) The connections shall provide for printed communications.
(3) Aeronautical Fixed Service shall comprise the systems and applications that are
used for ground to ground communications in the international telecommunication service
as prescribed by the Authority.
(4) For exchange of messages over the teleprinter circuits, the signals of the appropriate
International Telegraphic Alphabet permitted shall be as prescribed by the Authority.
(5) For the purpose of subregulation (3) “ground to ground” means point to point or point
to multiple points.
(6) The Aeronautical Information Service provider may make use of public internet for
the exchange of non-time critical types of aeronautical information.
70. Quality management system
(1) An Aeronautical Information Service Provider shall—
(a) implement and maintain a quality management system acceptable to the
Authority and encompassing all functions of an aeronautical information
service as outlined in Regulation 66;

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(b) make the execution of such quality management systems demonstrable for
each function stage, when required;
(c) implement the quality management system required in subregulation (1)(a) in
accordance with the requirements prescribed by the Authority;
(d) ensure that the quality management system established in accordance with
subregulation (1)(a) follows the International organisation for Standardization
(ISO) 9000 series of quality assurance standards, and be certified by an
approved organisation.
(2) For the purpose of paragraph (1)(b) “function stage” means receiving, originating,
collating, assembling, editing, formatting, publishing, storing and distribution of aeronautical
information and data.
(3) The Quality management system implemented shall take into consideration that—
(a) procedures exist for—
(i) traceability to its origin of data anomalies or errors, detected and
corrected;
(ii) assurance and confidence that the distributed aeronautical information
and data satisfy the requirements for data quality, traceability and
timeliness;
(iii) protection of electronic aeronautical data stored or in transit by the
cyclic redundancy check (CRC) to assure integrity of data;
(iv) validation and verification to ensure quality requirements and
traceability of aeronautical data;
(v) the audit and remedial action for the compliance of the quality
management system;
(b) publication resolution of aeronautical data and confidence level and integrity
shall be as prescribed by the Authority; and
(c) material issued as part of the Integrated Aeronautical Information Package is
checked and coordinated with the responsible services before it is published;
(d) the necessary policies, processes and procedures, including those for the
use of metadata, to ensure and verify that aeronautical data is traceable
throughout the aeronautical information data chain are applied.
71. Personnel requirements
An Aeronautical Information Service Provider shall ensure that—
(a) personnel are trained to acquire the skills, knowledge and competencies
required to perform the functions in regulation 66;
(b) initial and periodic assessments are established that require personnel to
demonstrate the required skills and competencies;
(c) procedures are established to maintain currency of the competence of the
personnel; and
(d) appropriate records are maintained so that the qualifications of personnel can
be confirmed.
(d) Aeronautical Search and Rescue Services
72. Provision of Search and Rescue Service
(1) The Authority shall designate an agency to coordinate and direct the prompt provision
of search and rescue services within the designated airspace on a twenty-hour basis to all
aircraft in distress regardless of their nationality or status.
(2) The designated search and rescue agency shall determine the type and degree
of search and rescue services to be provided within the search and rescue region in
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(3) The Authority shall establish Search and Rescue Region(s) within which search and
rescue services shall be provided.
(4) The Authority shall ensure that the Search and Rescue Region(s) established under
subregulation (3) do not overlap and neighbouring regions are contagious.
(5) The designated search and rescue agency shall provide search and rescue
coordination services in accordance with requirements prescribed by the Authority.
73. Establishment of the rescue coordination centre
The designated search and rescue agency shall establish a rescue coordination centre
equipped with appropriate facility and personnel within the search and rescue region to—
(a) facilitate efficient organisation of search and rescue services; and
(b) coordinate the conduct of search and rescue operations within the search and
rescue region.
74. Information to be provided to AIS for promulgation
The designated SAR agency shall provide information on the facilities and services to
be provided within the search and rescue region to AIS for promulgation.
75. Search and Rescue Plan
The designated search and rescue agency shall—
(a) develop a Search and rescue Plan in accordance with requirements
prescribed by the Authority;
(b) establish and maintain a document library that is readily accessible by its
operational and management staff as prescribed by the Authority.
76. SAR reporting system
The designated Search and Rescue agency shall establish a system for reporting
occurrences and the conduct of Search and Rescue operations to the Authority.
77. SAR facilities and resources
The designated Search and Rescue agency shall ensure the availability of sufficient
resources and facilities to coordinate the search and rescue operations at any one time.
78. SAR personnel requirements
The designated Search and Rescue agency shall ensure that the Rescue Coordination
Centre is staffed on a twenty-hour basis by a complement of personnel who are trained,
qualified, proficient and certified to levels of competence relevant to the functions and
responsibilities appropriate to a Search and Rescue service within the SAR region.
79. Distress alerting system
The designated Search and Rescue agency shall ensure that—
(a) the COSPASS-SARSAT satellite distress alerting system is established in
accordance with requirements prescribed by the Authority;
(b) provision is made for a 406 MHz ELT register that is updated whenever
necessary;
(c) registered ELT information is immediately available to Rescue Coordination
Centre staff and other authorized Search and Rescue parties;
(d) designate a Search and Rescue Point of Contact for receipt of crash alert
and location messages and associated data from authorities and users of
COSPASS-SARSAT.
80. Cooperation and coordination with other agencies
The designated Search and Rescue agency shall—

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(a) establish letters of agreement with Search and Rescue service providers
within the State and with all Search and Rescue agencies of contiguous states
as prescribed by the Authority;
(b) cooperate as far as practicable with all entities involved in aircraft accident
and incident investigation as necessary;
(c) ensure closest possible cooperation and coordination with the relevant
aeronautical, maritime and military emergency response authorities;
(d) designate and make formal arrangements for cooperative and appropriate
use of public and private Search and Rescue Units that are suitably located,
equipped and crewed for search and rescue operations throughout the search
and rescue region;
(e) designate and make formal arrangements for cooperative and appropriate
use of craft, vehicles and personnel that do not qualify as Search and Rescue
Units but which may be able to effectively participate in Search and Rescue
operations;
(f) maintain an accurate and complete database of Search and Rescue Units
and other Search and Rescue facilities and resources within the search and
rescue region and make arrangements for the timely advice to the Rescue
Coordination Centre of any change in their readiness or capability;
(g) provide relevant information on the availability of Search and Rescue Units
within the search and rescue region to the Authority for publication in the AIP;
(h) ensure the availability of appropriately packed, droppable life support
equipment that is securely positioned and maintained at strategic locations
throughout the search and rescue region and readily available for rapid
loading onto Search and Rescue Units.
81. Record keeping
The designated Search and Rescue agency shall retain all data relating to every Search
and Rescue action undertaken by the Rescue Coordination Centre in an orderly and easily
accessed manner for a period of at least twelve calendar months.
(e) Meteorological Services for Air Navigation
82. Provision of meteorological service for air navigation
(1) The Authority shall designate a service provider for the provision of meteorological
services for air navigation.
(2) The service provider designated under subregulation (1) shall provide the following
services in support of aviation—
(a) make routine meteorological observations at regular intervals;
(b) make special weather observations whenever specified changes occur in
respect of surface wind, visibility, runway visual range, present weather, cloud
and air temperature;
(c) prepare and obtain significant weather forecasts information and maintain
contact with Regional specialized meteorological centres for the notification
and exchange of information on volcanic ash and tropical cyclones activity as
prescribed by the Authority;
(d) display and provide briefing, consultation and flight documentation to flight
crewmembers and other flight operations personnel, the latest information
on existing and expected meteorological conditions along the route to be
flown, at the aerodrome of intended landing, alternate aerodromes and other
aerodromes as prescribed by the Authority;
(e) perform weather watch and monitoring, including the ability to detect and
forecast hazards relevant to the aviation community, as prescribed by the
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(f) derive forecast and warning products to the requirements prescribed by the
Authority for the pilot, air traffic service and air operators;
(g) maintain a record of aeronautical climatological information for supply to pilot,
air traffic service and air operators and any other persons on request;
(h) exchange aeronautical meteorological information with other aeronautical
meteorological offices;
(i) supply information received concerning the accidental release of radioactive
materials into the atmosphere within its area of responsibility to the air traffic
service providers for dissemination; and
(j) prepare gridded global forecasts as prescribed by the Authority.
(3) The conditions, rules, requirements, procedures or standards of the designation shall
be prescribed by the Authority.
(4) A person shall not provide meteorological information service at aerodromes or
portion of airspace, except under the conditions prescribed by the Authority.
83. Personnel qualification and training
The designated service provider shall—
(a) comply with the requirements of the World Meteorological organisation in
respect of qualifications and training of meteorological personnel providing
service for international air navigation and other requirement as may be
prescribed by the Authority;
(b) establish a procedure to assess the competency of personnel authorised
to install meteorological facility for operational use and to perform
meteorological services;
(c) maintain the competence of the authorised personnel.
84. Quality system
(1) The Authority shall ensure that the designated service provider establishes a properly
organised quality assurance management system comprising procedures, processes
and resources necessary to provide for the quality management of the meteorological
information to be supplied to the users.
(2) The quality system established under subregulation (1) shall be in conformity with
the International organisation for Standardization (ISO) 9000 series of quality assurance
standards and shall be certified by an approved organisation.
(3) The quality system shall ensure:
(a) the meteorological information supplied complies with the stated
requirements in terms of the geographical and spatial coverage, format and
content, time and frequency of issuance and period of validity;
(b) the accuracy of measurements, observations and forecasts.
(4) The quality system shall—
(a) include verification and validation procedures and resources for monitoring
adherence to the prescribed transmission schedules for individual messages
and bulletins required to be exchanged, and the times of their filing for
transmission; and
(b) be capable of detecting excessive transit times of messages and bulletins
received.
(5) The Authority shall conduct audit of the quality system established and implemented
by the designated service provider to determine compliance.
(6) For the purposes of this regulation, the term users means operators, flight
crewmembers, air traffic services units, search and rescue services units, aeronautical
information services, aerodrome operators and others concerned with the conduct or
development of air navigation.

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85. Verification, periodic inspection and testing of meteorological equipment


A service provider designated to provide meteorological services for air navigation shall
establish procedures for—
(a) the routine verification of meteorological information provided for air
navigation; and
(b) the periodic inspection, testing and calibration of each facility used in the
provision of meteorological service.
86. Human factors principles in the provision of meteorological information
The designated meteorological services provider shall ensure that the meteorological
information supplied to users referred to in regulation 82 is consistent with Human Factors
principles and in a form which require a minimum of interpretation by the users.
87. Establishment of Meteorological Offices
(1) The designated meteorological services provider shall establish aerodrome and
other meteorological offices which shall be adequate for the provision of meteorological
service required to satisfy the needs of air navigation.
(2) Aircraft operators shall notify the aerodrome meteorological office of—
(a) flight schedules;
(b) non-schedule flights to be operated;
(c) delayed, advanced or cancelled flights.
(3) The information to be notified as required in subregulation (2) shall be as prescribed
by the Authority.
(4) The meteorological offices established under subregulation (1) shall carry out their
functions as prescribed by the Authority to meet the needs of flight operations.
88. Establishment of aeronautical meteorological stations
The designated service provider shall establish aeronautical meteorological stations,
including on offshore structures or at other points of significance as may be deemed
necessary to make observations and meteorological reports for use in air navigation.
89. Aircraft observation and reporting
The pilot in command of an aircraft shall make routine, special and other non-routine
aircraft observations and reporting during flight in accordance with requirements prescribed
by the Authority.
90. Advanced notification for the provision of meteorological information
The operator of an aircraft shall provide advance notice to the designated provider of
meteorological information on services required when—
(a) new routes or new types of operations are planned;
(b) changes of a lasting character are to be made in scheduled operations; and
(c) other changes, affecting the provision of meteorological services are planned.
91. Recording and post-flight reporting of aircraft observations of volcanic
activity
The designated meteorological services provider shall ensure that special aircraft
observations of pre-eruptive volcanic activity, volcanic eruption or volcanic ash cloud are
recorded and the observations provided to flights operating on routes which, in the opinion
of the designated service provider may be affected by volcanic ash clouds.
92. Provision of meteorological information to ATS, SAR and AIS units
(1) The designated meteorological services provider shall designate a meteorological
office to be associated with each air traffic services unit.

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(2) The meteorological watch office shall—


(a) after coordination with the air traffic services unit, supply up-to-date
meteorological information to the unit as necessary; and
(b) supply as rapidly as possible, any meteorological information requested by
an air traffic services unit in connection with an aircraft emergency.
(3) The meteorological watch office shall supply search and rescue services units with
the meteorological information they require in a form established by mutual agreement and
shall maintain liaison with the search and rescue services unit throughout a search and
rescue operation.
(4) The designated service provider shall, in coordination with the Authority, arrange for
the supply of up-to-date meteorological information to the aeronautical information services
units, as necessary for promulgation.
93. Agreement between air traffic services provider and meteorological
Authorities
The designated meteorological services provider and the appropriate air traffic services
provider shall establish agreements to cover—
(a) the provision in air traffic services units of displays related to integrated
automatic systems;
(b) the calibration and maintenance of the displays and instruments;
(c) the use to be made of the displays and instruments by air traffic services
personnel;
(d) as and where necessary, supplementary visual observations;
(e) meteorological information obtained from aircraft taking off or landing; and
(f) if available, meteorological information obtained from ground weather radar.
94. Requirements for and use of communication facilities
(1) The designated meteorological services provider shall ensure that suitable
telecommunications facilities are made available to permit—
(a) aerodrome meteorological offices and aeronautical meteorological stations
to supply the required meteorological information to air traffic services units
on the aerodromes for which those offices and stations are responsible, and
in particular to aerodrome control towers, approach control units and the
aeronautical telecommunications stations serving those aerodromes;
(b) meteorological watch offices to supply the required meteorological
information to air traffic services and search and rescue services units in
respect of the flight information regions, control areas and search and rescue
regions for which those offices are responsible, and in particular to flight
information centres, area control centres and rescue coordination centres and
the associated aeronautical telecommunications stations;
(c) world area forecast centres to supply the required world area forecast system
products to meteorological offices and other users;
(d) communication by direct speech and the speed with which the communication
can be established between meteorological offices and, as necessary,
aeronautical meteorological stations and aerodrome control towers or
approach control units to be such that the required points may normally be
contacted within approximately fifteen seconds;
(e) meteorological offices to exchange operational meteorological information
with other meteorological offices.
(2) The content and format of meteorological information transmitted to aircraft and by
aircraft shall be as prescribed by the Authority.
(f) Construction of Visual and Instrument Flight Procedures

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95. Construction of flight procedures


A holder of a certificate issued under regulation 4 shall develop visual and instrument
flight procedures to be used by aircraft operating in the designated airspace and aerodrome
in accordance with requirements prescribed by the Authority.
96. Flight inspection of instrument flight procedures
A holder of a certificate shall ensure that flight inspection of instrument flight procedures
is carried out at regular intervals by a qualified flight inspector as prescribed by the Authority.
97. Procedure designer qualification, training and approval
(1) A person shall not design or publish visual and instrument flight procedures for use
in the designated airspace and aerodromes unless he has completed approved training in
the construction of visual and instrument flight procedures and has been approved by the
Authority to do so.
(2) A person who has been trained and approved in accordance with subregulation (1)
shall comply with and maintain the competency levels as prescribed by the Authority.
98. Responsibilities of a procedure designer
A person authorised under regulation 95 shall design, flight validate, inspect, and
maintain, visual and instrument flight procedures of a specific type as prescribed by the
Authority and subject to any conditions specified in the certificate.
PART V – EXEMPTIONS
99. Requirements for application for exemption
(1) A person may apply to the Authority for an exemption from any provision of these
Regulations.
(2) Unless in case of emergency, a person requiring exemptions from any of these
Regulations shall make an application to the Authority at least sixty days prior to the
proposed effective date, giving the following information—
(a) name and contact address including electronic mail and fax if any;
(b) telephone number;
(c) a citation of the specific requirement from which the applicant seeks
exemption;
(d) justification for the exemption;
(e) a description of the type of operations to be conducted under the proposed
exemption;
(e) the proposed duration of the exemption;
(g) an explanation of how the exemption would be in the public interest;
(h) a detailed description of the alternative means by which the a
(i) a safety risk assessment carried out in respect of the exemption applied for;
(j) if the applicant handles international operations and seeks to operate
under the proposed exemption, an indication whether the exemption would
contravene any provision of the Standards and Recommended Practices of
the International Civil Aviation organisation (ICAO); and
(k) any other information that the Authority may require.
(3) Where the applicant seeks emergency processing of an application for exemption,
the application shall contain supporting facts and reasons for not filing the application within
the time specified in subregulation (2) and satisfactory reason for deeming the application
an emergency.
(4) The Authority may in writing, refuse an application made under subregulation (3),
where in the opinion of the Authority, the reasons given for emergency processing are not
satisfactory.

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(5) The application for exemption shall be accompanied by a fee prescribed by the
Authority.
100. Review and publication
(1) The Authority shall review the application for exemption made under regulation 99
for accuracy and compliance and if the application is satisfactory, the Authority shall publish
a detailed summary of the application for comments, within a prescribed time, in either—
(a) the Kenya Gazette; or
(b) aeronautical information circular; or
(c) a daily newspaper with national circulation.
(2) Where application requirements have not been fully complied with, the Authority
shall request the applicant in writing, to comply prior to publication or making a decision
under subregulation (3).
(3) If the request is for emergency relief, the Authority shall publish the decision as soon
as possible after processing the application.
101. Evaluation of the request
(1) Where the application requirements have been satisfied, the Authority shall conduct
an evaluation of the request to include—
(a) determination of whether an exemption would be in the public interest;
(b) a determination, after a technical evaluation of whether the applicant’s
proposal would provide a level of safety equivalent to that established by the
regulation, although where the Authority decides that a technical evaluation
of the request would impose a significant burden on the Authority’s technical
resources, the Authority may deny the exemption on that basis;
(c) a determination of whether a grant of the exemption would contravene these
Regulations; and
(d) a recommendation based on the preceding elements, of whether the request
should be granted or denied, and of any conditions or limitations that should
be part of the exemption.
(2) The Authority shall notify the applicant in writing, the decision to grant or deny the
request and publish a detailed summary of its evaluation and decision.
(3) The summary referred to in subregulation (2) shall specify the duration of the
exemption and any conditions or limitations of the exemption.
(4) If the exemption affects a significant population of the aviation community of Kenya
the Authority shall publish the summary in aeronautical information circular.
PART VI – GENERAL PROVISIONS
102. Drug and alcohol testing and reporting
(1) Any person who performs any function prescribed by these Regulations directly or by
contract under the provisions of these Regulations may be tested for drug or alcohol usage.
(2) A person who—
(a) refuses to submit to a test to indicate the per centage by weight of alcohol
in the blood; or
(b) refuses to submit to a test to indicate the presence of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances in the body, when
requested by a law enforcement officer or the Authority, or refuses to furnish
or to authorise the release of the test results requested by the Authority shall-
(i) be denied any licence, certificate, rating, qualification, or authorisation
issued under these Regulations for a period of up to one year from the
date of that refusal; or

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(ii) have their licence, certificate, rating, qualification, or authorisation


issued under these Regulations suspended or revoked.
(3) Any person who is convicted for the violation of any local or national statute relating
to the growing, processing, manufacture, sale, disposition, possession, transportation, or
importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances,
shall—
(a) be denied any license, certificate, rating, qualification, or authorisation issued
under these Regulations for a period of up to one year after the date of
conviction; or
(b) have their licence, certificate, rating, qualification, or authorisation issued
under these Regulations suspended or revoked.
103. Change of name
(1) A holder of a certificate issued under these Regulations may apply to the Authority
for—
(a) replacement of the certificate if lost or destroyed;
(b) change of name on the certificate; or
(c) an endorsement on the certificate.
(2) When applying under paragraph (1), the holder of a certificate shall submit to the
Authority—
(a) the original certificate or a copy thereof in case of loss; and
(b) a court order, or other legal document verifying the name change.
(3) The Authority shall return to the holder of a certificate, with the appropriate changes
applied for, if any, the originals specified under subregulation (2) and, where necessary,
retain copies thereof.
104. Change of address
(1) A holder of a certificate issued under these Regulations shall notify the Authority of
the change in the physical and mailing address within fourteen days of such change.
(2) A person who does not notify the Authority of the change in the physical and mailing
address within the time frame specified in subregulation (1) shall not exercise the privileges
of the certificate.
105. Replacement of documents
A person may apply to the Authority in the prescribed form for replacement of documents
issued under these Regulations if such documents are lost or destroyed.
106. Use and retention of documents and records
(1) A person shall not—
(a) use any certificate or exemption issued or required by or under these
Regulations which has been forged, altered, cancelled, or suspended, or to
which he is not entitled; or
(b) forge or alter any certificate or exemption issued or required by or under these
Regulations; or
(c) lend any certificate or exemption issued or required by or under these
Regulations to any other person; or
(d) make any false representation for the purpose of procuring for himself or any
other person the grant, issue, renewal or variation of any such certificate or
exemption;
(e) mutilate, alter, render illegible or destroy any records, or any entry made
therein, required by or under these Regulations to be maintained, or
knowingly make, or procure or assist in the making of, any false entry in any
such record, or wilfully omit to make a material entry in such record.

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(2) All records required to be maintained by or under these Regulations shall be recorded
in a permanent and indelible material.
(3) A person shall not issue any certificate or exemption under these Regulations unless
he is authorised to do so by the Authority.
(4) A person shall not issue any certificate referred to in subregulation (3) unless he has
satisfied himself that all statements in the certificate are correct, and that the applicant is
qualified to hold that certificate.
107. Reports of violation
(1) Any person who knows of a violation of the Act, or any Regulations, rules, or orders
issued thereunder, shall report it to the Authority.
(2) The Authority may determine the nature and type of investigation or enforcement
action that need to be taken.
108. Failure to comply with direction
Any person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
109. Aeronautical fees
(1) The Authority shall notify in writing the fees to be charged in connection with the
issue, renewal or variation of any certificate, test, inspection or investigation required by, or
for the purpose of these Regulations any orders, notices or proclamations made thereunder.
(2) Upon an application being made in connection with which any fee is chargeable in
accordance with the provisions of subregulation (1), the applicant shall be required, before
the application is accepted, to pay the fee so chargeable.
(3) If, after that payment has been made, the application is withdrawn by the applicant
or otherwise ceases to have effect or is refused, the Authority shall not refund the payment
made.
PART VII – OFFENCES AND PENALTIES
110. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his certificate
or exemption cancelled or suspended.
111. Penalties
(1) A person who contravenes any provision of these Regulations, orders, notices or
proclamations made thereunder shall, upon conviction, be liable to a fine or imprisonment
or both, and in the case of a continuing contravention, each day of the contravention shall
constitute a separate offence.
(2) Any person who contravenes any provision of these Regulations shall upon
conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term
not more than six months or to both.
(3) If it is proved that an act or omission of any person, which would otherwise have
been a contravention by that person of a provision of these Regulations, orders, notices
or proclamations made thereunder was due to any cause not avoidable by the exercise
of reasonable care by that person, the act or omission shall be deemed not to be a
contravention by that person of that provision.
112. Appeal
Where any person is aggrieved by any order made under these Regulations the person
may, within twenty one days of such order being made, appeal against the order to a court
of law with competent jurisdiction.
113. Revocation of L.N. 136/2008

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The Civil Aviation (Air Navigation Services) Regulations, 2008 are repealed.

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CIVIL AVIATION (AIRCRAFT NATIONALITY AND


REGISTRATION MARKS) REGULATIONS, 2013
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY PROVISIONS
Regulation
1. Citation
2. Interpretation.
PART II – AIRCRAFT REGISTRATION REQUIREMENTS
3. General.
4. Eligibility for registration.
5. Application for registration of aircraft.
6. Registration of aircraft.
7. Certificate of registration.
8. Change of registration or ownership particulars.
9. De-registration.
PART III – NATIONALITY AND REGISTRATION MARKS
10. Marking and manner of affixation.
11. Display of marks.
12. Location of marks.
13. Measurement of marks.
14. Types of characters for nationality and registration marks.
15. Deviations for size and location of marks.
16. Removal of marks.
17. Identification plate required.
PART IV – GENERAL PROVISIONS
18. Inspection of certificate of registration.
19. Change of Name.
20. Change of Address.
21. Replacement of certificate.
22. Certificate suspension and revocations.
23. Use and retention of certificates and records.
24. Reports of violation.
25. Enforcement of directions.
26. Aeronautical user fees.
27. Application of regulations to Government and visiting forces, etc.
PART V – EXTRA-TERRITORIAL APPLICATION OF REGULATIONS
28. Extra-territorial application of Regulations.
PART VI – OFFENCES AND PENALTIES
29. Contravention of Regulations.
30. Penalties.
31. Revocation of L.N. 42/2007.
SCHEDULES
FIRST SCHEDULE — CLASSIFICATION OF AIRCRAFT
SECOND SCHEDULE — PENALTIES

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CIVIL AVIATION (AIRCRAFT NATIONALITY AND


REGISTRATION MARKS) REGULATIONS, 2013
[L.N. 79/2013.]

PART I – PRELIMINARY PROVISIONS


1. Citation
These Regulations may be cited as the Civil Aviation (Aircraft Nationality and
Registration Marks) Regulations, 2013.
2. Interpretation
In these Regulations, unless the context otherwise requires-
“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
“aircraft” means any machine that can derive support in the atmosphere from the
reactions of the air other than the reactions of the air against the earth’s surface;
“airship” means a power-driven lighter-than-air aircraft;
“Authority” means the Kenya Civil Aviation Authority;
“balloon” means a non-power-driven lighter-than-air aircraft;
“commercial air transport” means an aircraft operation involving the transport of
passengers, cargo, or mail for remuneration or hire;
“Contracting State” means a state that is a signatory to the Convention on
International Civil Aviation;
“fireproof material” means a material capable of withstanding heat as well or better
than steel when the dimensions in both cases are appropriate for the specific purpose;
“glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces, which remain fixed under given
conditions of flight;
“gyroplane” means a heavier-than-air aircraft, deriving its lift in flight by the reactions
of the air on one or more rotors which rotate freely on substantially vertical axes;
“heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from
aerodynamic forces;
“helicopter” means a heavier-than-air aircraft supported in flight chiefly by the
reactions of the air on one or more power-driven rotors on substantially vertical axis;
“lighter-than-air” aircraft means any aircraft supported chiefly by its buoyancy in
the air;
“ornithopter” means heavier-than-air aircraft supported in flight chiefly by reactions
of the air on planes to which a flapping motion is imparted;
“rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the
reactions of the air on one or more rotors; and
“sea plane” means an aeroplane equipped with floats or other devices enabling it
to land and take-off from the surface of water.
PART II – AIRCRAft REGISTRATION REQUIREMENTS
3. General
(1) A person shall not operate an aircraft, as classified in the First Schedule to these
Regulations, within or fly over Kenya unless—

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(a) for an aircraft eligible for registration under the laws of Kenya, the aircraft has
been registered by its owner in accordance with these Regulations and the
Authority has issued a certificate of registration for that aircraft which shall be
carried aboard that aircraft for all operations; or
(b) it is registered in—
(i) a Contracting State to the Convention on International Civil Aviation;
(ii) some other State in relation to which there is in force an agreement
between the Government of Kenya and the Government of that State
which makes provisions for the flight over Kenya of aircraft registered
in that State.
(2) Subject to this Regulation, an aircraft shall not be registered or continue to be
registered in Kenya where—
(a) the aircraft is registered outside of Kenya;
(b) an unqualified person is entitled as owner to any legal or beneficial;
(c) interest in the aircraft or to any share therein; or
(d) it would be inexpedient in the public interest for the aircraft to be or to continue
to be registered in Kenya;
(e) the aircraft does not qualify to be issued with a certificate of airworthiness as
specified in the Civil Aviation (Airworthiness) Regulations, 2013.
(3) A person shall not operate or fly an aircraft unless it bears painted thereon or affixed
thereto, in the manner required by the law of the State in which it is registered, the nationality
and registration marks required by that law.
(4) An aircraft shall not bear any marks which purport to indicate that the aircraft is—
(a) registered in a State in which it is not in fact registered; or
(b) a State aircraft of a particular State if it is not in fact such an aircraft unless the
appropriate authority of that State has sanctioned the bearing of such marks.
(5) The Authority shall be responsible for the registration of aircraft in Kenya and shall
maintain a register on its premises and shall record in it the particulars specified in regulation
6.
4. Eligibility for registration
(1) An aircraft is eligible for registration if it is—
(a) owned by a citizen of Kenya, an individual citizen of a foreign State who is
lawfully admitted for residency in Kenya, a corporation lawfully organized and
doing business under the laws of Kenya, or a government entity of Kenya; and
(b) not registered under the laws of any foreign country.
(2) The following persons shall be qualified to be the owners of a legal or beneficial
interest in an aircraft registered in Kenya, or a share therein—
(a) the Government of Kenya;
(b) citizens of Kenya or persons bona fide resident in Kenya;
(c) such other persons as the Authority may approve, on condition that the aircraft
is not used for commercial air transport, flying training or aerial work and such
other conditions as the Authority may specify; and
(d) bodies corporate—
(i) established under subject laws of Kenya; or
(ii) established under and subject to the laws of such country as the
Authority may approve.
(3) If an unqualified person residing or having a place of business in Kenya is entitled
as owner to a legal or beneficial interest in an aircraft, or a share therein, the Authority,
upon being satisfied that the aircraft may otherwise be properly registered, may register the
aircraft in Kenya and that person shall not cause or permit the aircraft while it is registered

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in pursuance of this subregulation to be used for the purpose of commercial air transport
operations or aerial work.
(4) If an aircraft is leased or is the subject of a lease, charter or hire purchase
agreement to a person qualified under subregulation (2), the Authority may, whether or not
an unqualified person is entitled as owner to a legal or beneficial interest therein, register
the aircraft in the names of the parties to the charter or hire purchase agreement upon being
satisfied that the aircraft may otherwise remain so registered during the continuation of the
lease, charter or hire-purchase agreement.
5. Application for registration of aircraft
(1) A person who wishes to register an aircraft in Kenya shall submit an application for
aircraft registration to the Authority for registration on a form prescribed by the Authority and
each application shall—
(a) certify as to the citizenship of the applicant;
(b) show evidence identifying ownership; and
(c) be signed in ink.
(2) The application for aircraft registration shall be submitted with the prescribed fee
to the Authority.
(3) An application for the registration of an aircraft in Kenya may be made by, or on
behalf of the owner:
Provided that—
(a) the applicant is legally entitled to the aircraft;
(b) a written notice is submitted to the Authority identifying the person making the
application on behalf of the owner;
(c) in case of a body corporate, a written notice identifying an officer of the body
corporate, and address, who may be served with documents, including the
registration certificate issued by the Authority;
(d) for imported aircraft with previous registration of a foreign country, a statement
issued by the authority responsible for registration of aircraft in that country
stating when the registration was cancelled;
(e) a description of the aircraft that identifies it by reference to its manufacturer;
(f) if the aircraft has previously been registered in Kenya or anywhere else
particulars of the registration mark, if it has been reserved for the aircraft;
(g) the name and address of each person who holds a property interest in the
aircraft and a description of the person’s property interest;
(h) the name and address of the registered owner if different from paragraph (d);
(i) physical station where the aircraft will be usually stationed;
(j) name and signature of the applicant; and
(k) date of the application.
6. Registration of aircraft
(1) Upon receiving an application for the registration of an aircraft and being satisfied
that the aircraft may properly be so registered, the Authority shall register the aircraft, and
shall include in the register and on the certificate the following particulars—
(a) the number of the certificate;
(b) the nationality mark of the aircraft, and the registration mark assigned to it
by the Authority;
(c) the name of the manufacturer and the manufacturer’s designation of the
aircraft;
(d) the serial number of the aircraft;

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(e) the name and address of every person who is entitled as owner to a legal
interest in the aircraft or a share therein, or, in the case of a lease agreement
or financial arrangement, the names and addresses of lessee and lessor or
as the case may be, the financier;
(f) name or logo of the issuing authority;
(g) the register of unmanned free balloons shall contain the date, time and
location of release, the type of Balloon and the name of the operator; and
(h) conditions with regard to which it is registered.
(2) Subject to this regulation, the register of unmanned free balloons shall contain the
date, time and location of release, the type of balloon and the name of the operator.
7. Certificate of registration
(1) The Authority shall furnish to the person or persons in whose name or names the
aircraft is registered, in this regulation referred to as the “registered owner”, a certificate
of registration, which shall include the particulars specified in regulation 6 and the date on
which the certificate was issued.
(2) Subject to regulation 4, if at any time after an aircraft has been registered in Kenya an
unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft
or share therein, or the ownership of that aircraft is transferred to a person not qualified
under the provisions of regulation 4, the registration of the aircraft shall thereupon become
void and the certificate of registration shall forthwith be returned by the registered owner to
the Authority for cancellation.
8. Change of registration or ownership particulars
(1) A person registered as the owner of an aircraft registered in Kenya shall notify the
Authority in writing of—
(a) any change in the particulars which were furnished to the Authority upon
application being made for the registration of the aircraft;
(b) the destruction of the aircraft or its permanent withdrawal from use; and
(c) in the case of an aircraft registered in pursuance of regulation 4(4), the
termination of the lease, charter or hire-purchase agreement.
(2) A person who becomes the owner of an aircraft registered in Kenya shall inform the
Authority in writing.
(3) The Authority may, where it appears necessary or appropriate, or for purposes of
updating the register in accordance with subregulation (1) and (2), correct or amend the
particulars entered on the register.
(4) For purposes of this regulation reference to the registered owner of the aircraft
includes, in the case of a deceased person, his legal representative and in the case of a
body corporate which has been dissolved, its successor.
9. De-registration
(1) The Authority may de-register or cancel the registration of an aircraft under the
following circumstances—
(a) upon application by the registered owner for purposes of registering the
aircraft in another state or for any other purpose; or
(b) upon the destruction of the aircraft or its permanent withdrawal from use.
(2) The Authority shall, before de-registering an aircraft in accordance with this
regulation, require the registered owner to—
(a) return to the Authority the certificate of aircraft registration;
(b) settles any liens or encumbrances attached to the aircraft;
(c) remove all nationality and registration marks assigned to the aircraft; and
(d) comply with any such other conditions as the Authority may specify.

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PART III – NATIONALITY AND REGISTRATION MARKS


10. Marking and manner of affixation
(1) A person shall not operate a aircraft registered in Kenya unless it displays nationality
and registration marks in accordance with the requirements of these Regulations.
(2) The marks used to identify the nationality of Kenya shall conform to the requirements
outlined in regulation 11 followed by a series of numbers or letters assigned by the Authority.
(3) Unless otherwise authorized by the Authority, a person shall not place on any aircraft
a design, mark or symbol that modifies or confuses the nationality and registration marks.
(4) When letters are used for the registration mark, combinations shall not be used which
might be confused with—
(a) the three-letter combinations beginning with Q used in the Q Code;
(b) five-letter combinations used in the International Code of Signals;
(c) the distress signal SOS, or other similar urgent signals, for example XXX,
PAN and TTT;
(d) the marks used shall not be so similar to international marks as to be confused
with the International Five Letter Code of Signals or Distress Codes or codes
referenced in the current and effective International Telecommunications
Regulations.
(5) Permanent marking of aircraft nationality and registration shall—
(a) be painted on the aircraft or affixed by other means ensuring a similar degree
of permanence;
(b) have no ornamentation;
(c) contrast in colour with the background;
(d) be legible; and
(e) be kept clean and visible at all times.
(6) The side marks for lighter-than-air aircraft shall be so located as to be visible both
from the sides and from the ground.
(7) The unmanned balloon shall carry an identification plate marked with a serial number
issued by the Authority.
11. Display of marks
(1) An owner of an aircraft registered in Kenya shall display on that owner’s aircraft the
nationality mark “5Y” followed by the registration of the aircraft consisting of three Roman
Capital letters assigned by the Authority with a hyphen placed between the nationality mark
and the registration mark.
(2) If, because of the aircraft configuration, it is not possible to mark the aircraft in
accordance with these Regulations, the owner may apply to the Authority for a different
procedure.
12. Location of marks
(1) A person shall not operate a heavier-than-air aircraft unless the aircraft is marked
as follows—
(a) an aircraft with fixed wing—
(i) the marks shall be located on the lower surface of the port wing of the
aircraft unless they extend across the lower surfaces of both of the
wings of the aircraft and shall as far as possible, be located equidistant
from the leading and trailing edges of the wing or wings with the top
of the letters, and number, comprising the marks, towards the leading
edge of the wing or wings;
(ii) for an aircraft having more than one set of wings, the mark shall be
placed on the lower wing or the lower set of wings, as the case may be;

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(iii) the marks shall also appear either on the fuselage, or equivalent
structure, of the aircraft or on the vertical tail surface of the aircraft, and
shall be on each side of the fuselage or equivalent structure between
the wings and the tail surfaces;
(iv) the marks on the vertical tail surfaces shall be on each side of the
vertical tail surface for aircraft with a single vertical surface, and shall
be on each of the out board sides of the outer vertical surfaces of the
tail structure for an aircraft with multi-vertical surface structure;
(b) rotorcraft – the marks shall be located horizontally on both the port and
starboard sides and on any of the following where it is clearly visible—
(i) on the fuselage;
(ii) on the engine cowling;
(iii) on the tank or tanks;
(iv) on the tail boom; or
(v) on any other external surface approved by the Authority.
(2) Lighter-than-air aircraft—
(a) Spherical Balloon other than unmanned free balloons, the marks shall appear
in two places diametrically opposite and shall be located near the maximum
horizontal circumference of the balloon;
(b) Non-spherical Balloon other than unmanned free balloons, the marks shall
appear on each side and shall be located near the maximum cross-section
of the balloon immediately above either the rigging band or the points of
attachment of the basket suspension cable.
(c) Airship: the marks shall appear on each side of the hull of the airship and
also on the upper surface on the line of symmetry and they shall be located
lengthwise near the maximum cross-section of the airship; and
(d) All lighter-than-air-aircraft other than unmanned free balloons, the side marks
shall be visible both from the sides and from the ground.
13. Measurement of marks
(1) A person shall not operate an aircraft unless the aircraft is marked with the number
and letters comprising one or more marks on the same aircraft of equal height.
(2) The width of each letter and number (except the letter ‘I’ and the number ‘1’) and the
length of each hyphen must be two-thirds the height of a letter or number.
(3) The letters, numbers and hyphens shall be—
(a) formed by solid lines with thickness of one-sixth of the height of the marks; and
(b) of colour that is clear contrast to the colour of the background to the marks.
(4) Each letter, or number, shall be separated from a letter, a number or hyphen, which
precedes or follows it, by a space not less than one quarter of the width of a character
(except the letter ‘I’ and the number ‘1’).
(5) In the case of lighter-than-air aircraft, other than unmanned free balloons, the length
of the marks shall be at least 50 centimetres.
(6) The marks on a balloon and unmanned free balloon shall be vertical and shall be
at least 50 centimetres.
(7) In case of fixed wing heavier-than-air aircraft—
(a) the wing marks shall be at least 50 centimetres in height;
(b) the marks on the fuselage (or equivalent structure) shall be at least 30
centimetres in height without visually interfering with the outlines of the
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(c) the marks on the vertical tail surface marks shall be at least 30 centimetres
in height with a clearance of 5 centimetres from leading and trailing edge of
the tail surface.
(8) In the case of rotorcraft—
(a) the marks shall be at least 30 centimetres in height; or
(b) if the surface area of that part of the rotorcraft on which the marks are to be
located is insufficient to enable compliance with paragraph (a), as high as
possible; or
(c) in either case the mark shall leave a clearance of 5 centimetres from the edge
of that part of the rotorcraft on which the marks are located and must not
interfere with the outlines of the rotorcraft.
(9) The marks shall be vertical or sloping at the same angle being an angle of no more
than 30 degrees to the vertical axis.
14. Types of characters for nationality and registration marks
A person shall not operate an aircraft unless the aircraft is marked with capital letters
in Roman characters without ornamentation; numbers shall be Arabic numbers without
ornamentation and hyphens shall be considered as characters.
15. Deviations for size and location of marks
(1) Where either one of the surfaces authorized for displaying required marks is large
enough for display of marks meeting the size requirements of these Regulations and the
other is not, the registered owner shall place full-size marks on the larger surface.
(2) Where, neither surface is large enough for full-size marks, the Authority may approve
marks as large as practicable for display on the larger of the two surfaces.
16. Removal of marks
When an aircraft registered in Kenya is sold, the holder of the certificate of registration
shall upon de-registration remove, before its delivery to the purchaser, all nationality and
registration marks of Kenya, unless the purchaser is a citizen or other legal entity as
prescribed in regulation 4(1).
17. Identification plate required
The operator shall affix to each aircraft registered under the laws of Kenya an
identification plate—
(a) containing the aircraft type, model, serial number, nationality and registration
marks;
(b) made of fireproof metal or other fireproof material of suitable physical
properties; and
(c) secured to the aircraft in a prominent position, near the main entrance, or, in
the case of a free balloon, affixed conspicuously to the exterior of the payload.
PART IV – GENERAL PROVISIONS
18. Inspection of certificate of registration
A person who holds a certificate of registration required by these Regulations shall
present it for inspection upon a request from the Authority or any other person authorised
by the Authority.
19. Change of Name
(1) A holder of a certificate issued under these Regulations may apply to change the
name on the certificate.
(2) The holder shall include with any such request—
(a) the current certificate; and

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(b) a court order, or other legal document verifying the name change.
(3) The Authority may change the certificate and issue a replacement of the certificate.
(4) The Authority shall return to the holder the original documents specified in
subregulation 2(b) of this regulation and retain copies thereof and return the replaced
certificate with the appropriate endorsement.
20. Change of Address
(1) A holder of a certificate, issued under these Regulations shall notify the Authority of
the change in the physical and mailing address and shall do so in the case of—
(a) the physical address, at least fourteen days in advance; and
(b) the mailing address upon the change.
(2) A person who fails to notify the Authority of the change in the physical address within
the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.
21. Replacement of certificate
A person may apply to the Authority in the prescribed form for replacement of certificate
of registration issued under these Regulations if such certificate is lost or destroyed.
22. Certificate suspension and revocations
(1) The Authority may, where it considers it to be in the public interest, suspend
provisionally, pending further investigation, any certificate issued, granted having effect
under these Regulations:
Provided that, whether or not such further investigation has been completed, a
provisional suspension under this subregulation shall, if not otherwise terminated, cease to
have effect after 28 days.
(2) The Authority may, upon the completion of an investigation which has shown
sufficient ground to its satisfaction and where it considers it to be in the public interest,
revoke, suspend, or vary any document issued or granted under these Regulations.
(3) The Authority may, where it considers it to be in the public interest, prevent any
person or aircraft from flying.
(4) A holder or any person having the possession or custody of any document which
have been revoked, suspended or varied under these Regulations shall surrender it to the
Authority within 14 days from the date of revocation, suspension or variation.
(5) The breach of any condition subject to which any document has been granted or
issued under these Regulations shall render the document invalid during the continuance
of the breach.
23. Use and retention of certificates and records
(1) A person shall not—
(a) use any certificate issued under these Regulations which has been forged,
altered or to which he is not entitled; or
(b) forge or alter any certificate issued under these Regulations; or
(c) lend any certificate issued under these Regulations to any other person; or
(d) make any false representation for the purpose of procuring for himself or any
other person the issue or change of any such certificate.
(2) During the period for which it is required under these Regulations to be preserved,
a person shall not mutilate, alter, render illegible or destroy any records, or any entry made
therein, required by or under these Regulations to be maintained, or knowingly make, or
procure or assist in the making of, any false entry in any such record, or wilfully omit to make
a material entry in such record.
(3) All records required to be maintained by or under these Regulations shall be recorded
in a permanent and indelible material.

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(4) A person shall not purport to issue any certificate for the purpose of these Regulations
unless he is authorised to do so under these Regulations.
(5) A person shall not issue any certificate of the kind referred to in subregulation (4)
unless he has satisfied himself that all statements in the certificate are correct, and that the
applicant is qualified to hold that certificate.
24. Reports of violation
(1) Any person who knows of a violation of the Act, or any rule, regulation, or order
issued there under, shall report it to the Authority.
(2) The Authority will determine the nature and type of any additional investigation or
enforcement action that need to be taken.
25. Enforcement of directions
Any person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
26. Aeronautical user fees
(1) The Authority may notify the fees to be charged in connection with the issue including
the issue of a duplicate copy thereof, or the undergoing of any examination or investigation
required by, or for the purpose of these Regulations any orders, notices or proclamations
made thereunder.
(2) Upon an application being made in connection with which any fee is chargeable in
accordance with the provisions of subregulation (1), the applicant shall be required, before
the application is entertained, to pay the fee so chargeable.
(3) If, after that payment has been made, the application is withdrawn by the applicant
or otherwise ceases to have effect or is refused, the Authority shall not refund the payment
made.
27. Application of regulations to Government and visiting forces, etc.
(1) These Regulations shall apply to aircraft, not being military aircraft, belonging to
or exclusively employed in the service of the Government, and for the purposes of such
application, the Department or other authority for the time being responsible for management
of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an
aircraft belonging to the Government, to be the owner of the interest of the Government in
the aircraft.
(2) Except as otherwise expressly provided, the naval, military and air force authorities
and member of any visiting force and property held or used for the purpose of such a force
shall be exempt from the provision of these regulations to the same extent as if the visiting
force formed part of the military force of Kenya.
(3) Meteorological pilot balloons used exclusively for meteorological purposes or
unmanned free balloons without a payload, shall be exempt from the provision of this
regulation except as otherwise expressly provided.
PART V – EXTRA-TERRITORIAL APPLICATION OF REGULATIONS
28. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations shall—
(a) in so far as they apply, whether by express reference or otherwise, to aircraft
registered in Kenya, apply to such aircraft wherever they may be;
(b) in so far as they apply, whether by express reference or otherwise, to other
aircraft, apply to such aircraft when they are within Kenya;
(c) in so far as they prohibit, require or regulate (whether by express reference
or otherwise) the doing of anything by any person in, or by any of the crew

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of, any aircraft registered in Kenya, shall apply to such persons and crew,
wherever they may be; and
(d) in so far as they prohibit, require or regulate (whether by express reference or
otherwise) the doing of anything in relation to any aircraft registered in Kenya
by other persons shall, where such persons are citizens of Kenya, apply to
them wherever they may be;
(e) not apply to meteorological pilot balloons used exclusively for meteorological
purposes or to unmanned free balloons without a payload.
PART VI – OFFENCES AND PENALTIES
29. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his licence,
certificate, approval, authorisation, exemption or other document revoked or suspended.
30. Penalties
(1) If any provision of these Regulations, orders, notices or proclamations made under
the regulations is contravened in relation to an aircraft, the operator of that aircraft and
the pilot in command, if the operator or the pilot in command is not the person who
contravened that provision shall, without prejudice to the liability of any other person under
these Regulations for that contravention, be deemed to have contravened that provision
unless he proves that the contravention occurred without his consent or connivance and
that he or she exercised all due diligence to prevent the contravention.
(2) A person who contravenes any provision specified as an “A” provision in the Second
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding one million shillings for each offence and or to imprisonment for a term not
exceeding one year or to both.
(3) A person who contravenes any provision specified as a “B” provision in the Second
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding two million shillings for each offence and or to imprisonment for a term not
exceeding three years or to both.
(4) A person who contravenes any provision of these Regulations not being a provision
referred to in the Second Schedule to these Regulations commits an offence and is liable
on conviction to a fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four million shillings.
31. Revocation of L.N. 42/2007
The Civil Aviation (Aircraft and Registration Markings) Regulations, 2007 are revoked.

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[Subsidiary]

FIRST SCHEDULE
[Regulation 3(1).]

CLASSIFICATION OF AIRCRAft

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SECOND SCHEDULE
Regulation 30

PENALTIES

Reg. No. Title Part


3 General B
8 Change of registration A
particulars.
9 Change of aircraft ownership. A
10 Marking and manner of B
affixation.
11 Display of marks. A
12 Location of marks. A
13 Measurement of marks. A
14 Types of characters for A
nationality and registration
marks.
16 Removal of marks. A
17 Identification plate required. A
23 Use and retention of B
certificates and records.
24 Report of violations. B
25 Enforcement of directions. A

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CIVIL AVIATION (PERSONNEL LICENSING) REGULATIONS, 2013


[L.N. 91/2013.]

Revoked by L.N. 95/2018.

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Civil Aviation
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CIVIL AVIATION (CHARGES FOR AIR


NAVIGATION SERVICES) REGULATIONS, 2014
Regulation
1. Citation.
2. Interpretation.
3. Charges.
4. Proof of flight and maximum take-off mass.
5. Recovery charges.
6. Detention of aircraft.
7. Exemption from payment of charges.

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CIVIL AVIATION (CHARGES FOR AIR NAVIGATION SERVICES)


REGULATIONS, 2014
[L.N. 46/2014.]

1. Citation
These Regulations may be cited as the Civil Aviation (Charges for Air Navigation
Services) Regulations, 2014.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“Flight Information Region” means the area under the jurisdiction of the Area
Control Centre at Nairobi;
“Flight” means—
(a) in the case of an aircraft, from the moment when it first moves for the
purposes of taking off until the moment when it comes to rest after landing;
(b) in the case of a free balloon, from the moment when it first becomes
detached from the surface until the moment when it next becomes
attached thereto or comes to rest thereon.
“maximum take-off mass”, in relation to an aircraft, means the maximum total mass
of the aircraft and its contents at which the aircraft may take-off in accordance with the
certificate of aircraft.
3. Charges
(1) There shall be paid to the Authority by the owner of an aircraft making a flight in the
Flight Information Region, and airspace in Kenya outside the Flight Information Region the
charges prescribed in respect of air navigation services provided by the Authority.
(2) The charges shall be paid in respect of each flight in the Flight Information Region,
and airspace in Kenya outside the Flight Information Region of an aircraft at the rates and
in the manner determined and notified by the Cabinet Secretary.
4. Proof of flight and maximum take-off mass
(1) An entry in the aircraft movement log-book at the Air Control Units shall be prima facie
proof That the particular aircraft was within the airspace over Kenya at the time recorded
in the aircraft movement data.
(2) The maximum take-off mass as indicated in the certificate of airworthiness shall be
prima facie proof of the maximum take-off mass of the aircraft.
5. Recovery charges
Any charges to be paid shall constitute a debt to the Authority and if any amount due
and demanded for by the Authority remains unpaid beyond the time specified for payment,
the Authority may recover the debt using legal means.
6. Detention of aircraft
(1) Notwithstanding that charges may not yet have been sent to the owner under
Regulation 3 paragraph (2), the Director-General or any person authorized by him, in writing,
in that regard, may detain any aircraft whose owner has refused or neglected to pay the
prescribed charges payable.
(2) Any aircraft which has been detained under paragraph (1) of this regulation shall be
released upon payment, in full, of the charges owing.
(3) The Director-General and any person authorized by him under paragraph (1) shall
not be liable to any suit or other proceedings on account of any act performed by him under
paragraph (1).
7. Exemption from payment of charges

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The Cabinet Secretary may, upon a request made in writing to the Director-General,
exempt in writing an owner of an aircraft making flights from the payment of the prescribed
charges for any of the following purposes—
(a) testing of aircraft;
(b) the search for, or relief or rescue of, persons or aircraft in distress; or
(c) such other purposes as the Cabinet Secretary may approve.

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Civil Aviation
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CIVIL AVIATION (SAFETY MANAGEMENT)


REGULATIONS, 2015
[L.N. 148/2015.]

PART I – PRELIMINARY
Regulations
1. Citation.
2. Interpretation.
3. Purpose of Regulations.
PART II— SAFETY MANAGEMENT RESPONSIBILITIES
4. Establishment of State Safety Programme.
5. Acceptable Level of safety Performance.
6. Establishment of SMS by Service Providers.
PART III— SAFETY DATA COLLECTION ANALYSIS AND EXCHANGE
7. Safety reporting system.
8. Safety data collection and processing system.
9. Safety data protection.
10. Sharing of safety data.
PART IV— SAFETY POLICY AND OBJECTIVES
11. Safety Policy.
12. Safety objectives.
13. Accountable Executive.
14. Responsibilities of the accountable executive.
15. Safety manager.
16. Safety accountabilities and responsibilities.
17. Coordination of emergency response plans
18. SMS documentation.
19. System description.
20. Gap analysis.
21. SMS implementation plan.
22. SMS manual.
PART V— SAFETY RISK MANAGEMENT
23. Safety data collection and hazard identification process.
24. Safety risk assessment and mitigation.
25. Mandatory occurrence reporting.
26. Voluntary incident reporting system.
PART VI—SAFETY ASSURANCE
27. Safety assurance process.
28. Safety performance monitoring and measurement.
29. Management of change.
30. Continuous improvement.
PART VII— SAFETY PROMOTION
31. Safety promotion.
32. Safety training.
33. Safety communication.
PART VIII— GENERAL PROVISIONS

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34. Consistency of quality policy with SMS.


35. Administrative sanctions.
36. Consequential amendment.
FIRST SCHEDULE – FRAMEWORK FOR A STATE SAFETY
PROGRAMME (SSP)
SECOND SCHEDULE – FRAMEWORK FOR A SAFETY MANAGEMENT
SYSTEM (SMS)
THIRD SCHEDULE – LEGAL GUIDANCE FOR THE PROTECTION
OF INFORMATION FROM SAFETY DATA
COLLECTION AND PROCESSING SYSTEMS
FOURTH SCHEDULE — AMENDED REGULATIONS

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CIVIL AVIATION (SAFETY MANAGEMENT)


REGULATIONS, 2015
[L.N. 148/2015.]

PART I – PRELIMINARY
1. Citation
This Regulations may be cited as the Civil Aviation (Safety Management) Regulations,
2015.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“accident” means an occurrence associated with the operation of an aircraft which:
in the case of a manned aircraft, takes place between the time any person boards the
aircraft with the intention of flight until such time as all such persons have disembarked;
or in the case of an unmanned aircraft, takes place between the time the aircraft is ready
to move with the purpose of flight until such time as it comes to rest at the end of the
flight and the primary propulsion system is shut down, in which—
(a) person is fatally or seriously injured as a result of—
(i) being in the aircraft;
(ii) being in direct contact with any part of the aircraft, including parts which
have become detached from the aircraft; or
(iii) direct exposure to jet blast, except when the injuries are from natural
causes, self-inflicted or inflicted by other persons, or when the injuries
are to stowaways hiding outside the areas normally available to the
passengers and crew; or
(b) the aircraft sustains damage or structural failure which adversely affects
the structural strength, performance or flight characteristics of the aircraft,
which would normally require major repair or replacement of the affected
component, except for engine failure or damage, when the damage is
limited to a single engine, (including its cowlings or accessories), to
propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels,
fairings, panels, landing gear doors, windscreens, the aircraft skin (such
as small dents or puncture holes), or for minor damages to main rotor
blades, tail rotor blades, landing gear, and those resulting from hail or bird
strike (including holes in the radome); or
(c) the aircraft is missing or is completely inaccessible.
“Acceptable Level of Safety Performance (ALoSP)” means the minimum level of
safety performance of civil aviation in a State, as defined in its state safety programme,
or of a service provider, as defined in its safety management system, expressed in terms
of safety performance targets and safety performance indicators;
“acceptable performance” means normal expected behaviour and include
unintended errors and some minor violations or deviations;
“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
“aircraft” means any machine that can derive support in the atmosphere from the
reactions of the air other than the reactions of the air against the earth’s surface;
"Authority" means the Kenya Civil Aviation Authority established by section 4 of
the Act;

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“general aviation operation” means an aircraft operation other than a commercial


air transport operation or an aerial work operation;
“hazard” means a condition that can lead to—
(i) (i) injury, illness or death to people;
(ii) (ii) damage to or loss of a system, equipment, or property; or
(iii) (iii) damage to the environment.
“helicopter” means a heavier-than-air aircraft supported in flight chiefly by the
reactions of the air on one or more power-driven rotors on substantially vertical axes;
“incident” means an occurrence, other than an accident, associated with the
operation of an aircraft which affects or could affect the safety of operation;
“large aeroplane” means an aeroplane of a maximum certificated take-off mass of
over 5 700 kg;
“mitigation” means measures to address the potential hazard or to reduce the risk
probability or severity;
“operational personnel” means personnel involved in aviation activities who are in
a position to report safety information;
predictive” means capturing the system performance as it happens in real time
normal operations so as to identify potential future problems;
“prescribed” means prescribed by the Authority;
“proactive” means actively identifying safety risks through the analysis of the
organization’s activities;
“process” means a series of steps followed in a methodical manner to complete an
activity (what shall be done and by whom, when, where and how it shall be completed;
what materials, equipment, and documentation shall be used, and how it shall be
controlled);
“reactive” means responding to events that have already happened such as
incidents and accidents;
“risk assessment” means the assessment in terms of predicted probability and
severity, of the consequence(s) of a hazard taking as a reference the worst foreseeable
situation;
“risk control” means a means to reduce or eliminate the effects of hazards;
“safety” means a state in which risks associated with aviation activities, related to, or
in direct support of the operation of aircraft, are reduced and controlled to an acceptable
level;
“safety manager” means an individual, responsible for the development, operation
and continuous improvement of the safety management system deployed by an operator
or service provider and may be referred to as Director of Safety and he or she shall act
as a focal point for safety management issues in the organisation;
“safety management system (SMS)” means a systematic approach to managing
safety, including the necessary organizational structures, accountabilities, policies and
procedures;
“safety oversight” means what the state performs with regard to the SMS of the
operators or service providers;
“safety objective” means a measurable goal or desirable outcome related to safety;
“safety performance” means a state or a service provider’s safety achievement
as defined by its safety performance targets and safety performance indicators;

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“safety policy” means the certificate holder’s documented commitment to safety,


which defines its safety objectives and the accountabilities and responsibilities of its
employees in regards to safety;
“safety promotion” means a combination of training and communication of safety
information to support the implementation and operation of an SMS in an organization;
“safety risk” means the predicted probability and severity of the consequences or
outcomes of a hazard;
“service provider” means—
(a) approved training organizations, in accordance with Civil Aviation (Approved Training
Organisation) Regulations, 2013, that are exposed to safety risks related to aircraft
operations during the provision of their services;
(b) operators of aeroplanes or helicopters authorized to conduct international
commercial air transport in accordance with Civil Aviation (Air Operator Certification
and;
(c) approved maintenance organizations providing services to operators of aeroplanes
or helicopters engaged in international commercial air transport in accordance with
Civil Aviation (Approved Maintenance Operator) Regulations, 2013;
(d) organizations responsible for the type design or manufacture of aircraft in
accordance with in Civil Aviation (Airworthiness) Regulations, 2013;
(e) Air Traffic Services providers in accordance with Civil Aviation(Air Navigation
Services) Regulations, 2013; or
(f) operators of certified aerodromes in accordance with Civil Aviation (Aerodromes)
Regulations, 2013;
“state safety assurance” means what the state performs with regard to the safety
performance of its SSP and operators or service providers performance with regard to
the safety performance of their SMS, including monitoring and measurement;
“state of design” means the having jurisdiction over the organization responsible
for the type design;
“state of manufacture” means the state having jurisdiction over the organization
responsible for the final assembly of the aircraft;
“state of the operator” means the state in which the operator’s principal place of
business is located or, if there is no such place of business, the operator’s permanent
residence;
“state safety oversight” means a function by means of which a state ensures
effective implementation of the safety related standards and recommended practices
and associated procedures contained in the annexes to the Convention on International
Civil Aviation and related ICAO documents; and
“state safety programme (SSP)” means an integrated set of regulations and
activities aimed at improving safety.
3. Application
(1) These Regulations shall apply to safety management functions related to, or in direct
support of, the safe operation of aircraft.
(2) Except where otherwise specified, these Regulations shall not apply to occupational
safety, environmental protection, customer service or product quality.
PART II — SAFETY MANAGEMENT RESPONSIBILITIES
4. Establishment of State Safety Programme
(1) The Authority shall establish, implement and maintain a State Safety Programme
(SSP) in order to achieve an acceptable level of safety performance (ALoSP) in civil aviation.

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(2) The SSP established under paragraph (1) shall be commensurate with the size and
the complexity of aviation activities within the State, and include the following components—
(a) State safety policy and objectives;
(b) State safety risk management;
(c) State safety assurance; and
(d) State safety promotion.
(3) The framework for the implementation and maintenance of an SSP shall be as
specified in the First Schedule to these Regulations.
5. Acceptable Level of safety Performance
(1) The applicant for registration of a company to be limited by guarantee shall ensure
that the requisite statement of guarantee contains the prescribed information to enable the
subscribers to the memorandum of association to be identified.
(2) The acceptable level of safety performance (ALoSP) shall be—
(a) defined by selected safety indicators with corresponding target and alert
levels as appropriate; and
(b) commensurate to the complexity of aviation activities within the Partner State
(3) The Authority shall make regular monitoring of the SSP safety Indicators established
under paragraph (1) with a view to ensure that corrective or follow-up actions are taken for
any undesirable trends, alert level breaches or non-achievement of improvement targets.
6. Establishment of SMS by service providers
(1) A service provider shall establish, implement and maintain a safety management
system (SMS) acceptable to the Authority as specified in the Second Schedule.
(2) The service provider’s SMS required by paragraph (1) shall be commensurate with
the size of the service provider and the complexity of its aviation products or services.
(3) An international general aviation operator of large aeroplane or turbojet aeroplane,
shall establish and implement a Safety Management System acceptable to the Authority.
(4) A service provider shall be responsible for the safety of services or products
contracted or subcontracted to, or purchased from, other organizations.
(5) An AOC holder operating a Kenyan registered aircraft with a maximum certificated
take off mass authorised of more than 27,000 kg flying for the purpose of commercial air
transport shall include a flight data monitoring programme as part of its safety management
system.
(6) A flight data analysis programme shall be non-punitive and contain adequate
safeguards to protect the source of the data.
PART III— SAFETY DATA COLLECTION, ANALYSIS AND EXCHANGE
7. Safety reporting system
(1) There shall be established at the Authority—
(a) a mandatory incident reporting system to facilitate collection of information on
actual or potential safety deficiencies; and
(b) a voluntary incident reporting system to facilitate collection of information on
actual or potential safety deficiencies that
(2) may not be captured by the mandatory incident reporting system.
8. Safety Data collection and processing system
(1) a safety data collection and processing system (SDCPS) to ensure the capture,
storage and aggregation of data on accidents, incidents and hazards obtained through the
State’s mandatory and voluntary reports;
(a) a mandatory incident reporting system to facilitate collection of information on
actual or potential safety deficiencies; and

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(b) (b) a safety database to facilitate the effective analysis of information


on actual or potential safety deficiencies obtained, including that from its
incident reporting systems, and to determine any actions required for the
enhancement of safety.
(2) The database systems established under paragraph (2) shall use standardized
formats to facilitate data exchange.
(3) The Authority shall, following the identification of preventive actions required to
address actual or potential safety deficiencies, implement these actions and establish a
process to monitor implementation and effectiveness of the responses
9. Safety data protection
(1) Safety data or information obtained, gathered voluntarily or otherwise given to the
Authority under these Regulations shall not be put to any inappropriate use.
(2) The Authority shall not make available or use safety data collected, stored and
analyzed in accordance with Regulations 8 and 9 above for other purposes other than safety-
related purposes.
(3) The data collected and analysed under Regulations 8 and 9 shall not be made
available or used for other than safety-related purposes, unless exceptionally, an appropriate
authority determines the value of its disclosure or use in any particular instance, outweighs
the adverse impact such action may have on aviation safety.
(4) Exceptions to the protection of safety information shall be granted by national laws
and Regulations in circumstances specified in the Third Schedule.
10. Sharing of safety data
(1) The Authority, if in the analysis of the information contained in the database,
identifies safety matters considered to be of interest to other States, shall forward such safety
information to such State.
(2) The Authority shall promote safety information exchange and sharing amongst the
State’s regulatory and administrative organizations and service providers, as well as with
other industry organizations.
(3) Information issued pursuant to paragraphs (1) and (2) may be de-identified as
appropriate, with a view to safeguard the interest of the reporter.
(4) The Authority shall promote the establishment of safety information sharing networks
among users of the aviation system and shall facilitate the free exchange of information on
actual and potential safety deficiencies.
PART IV— SAFETY POLICY AND OBJECTIVES
11. Sharing of safety data
(1) A service provider shall define a safety policy which states its commitment to
management of safety.
(2) The Authority shall promote safety information exchange and sharing amongst the
State’s regulatory and administrative organizations and service providers, as well as with
other industry organizations.
(3) The safety policy shall include the responsibilities of management and employees
with respect to the safety performance of the SMS.
(4) The safety policy shall be documented and communicated throughout the
organization and shall be reviewed periodically to ensure it remains relevant and appropriate
to the certificate holder.
12. Safety objectives
(1) A service provider shall establish safety objectives for the SMS.

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(2) The safety objectives referred to in paragraph (1) shall be linked to the safety
performance indicators, safety performance targets and action plans of the service
provider’s SMS.
13. Accountable Executive
(1) The Accountable Executive shall be a single, identifiable person approved by
the Authority, who, irrespective of other functions, shall have overall responsibility and
accountability on behalf of the organization for the implementation and maintenance of the
SMS.
(2) The Accountable Executive shall have—
(a) full control of the human resources required for the operations authorized to
be conducted under the operations certificate;
(b) full control of the financial resources required for the operations authorized to
be conducted under the operations certificate;
(c) final authority over operations authorized to be conducted under the
operations certificate;
(d) direct responsibility for the conduct of the organization’s affairs; and
(e) final responsibility for all safety issues.
(3) A service provider shall notify the Authority within ten days of any changes in
positions of the Accountable Executive and the Safety Manager.
14. Responsibilities of Accountable Executive
The Accountable Executive shall—
(a) ensure that the SMS is properly implemented and functioning in all areas of
the certificate holder’s organization;
(b) develop and sign the safety policy of the certificate holder;
(c) communicate the safety policy throughout the certificate holder’s
organization;
(d) review the certificate holder’s safety policy to ensure it remains relevant and
appropriate to the certificate holder; and
(e) review the safety performance of the certificate holder’s organization and
direct actions necessary to address substandard safety performance.
15. Safety manager
(1) The service provider shall appoint a safety manager who shall be responsible for
the implementation and maintenance of an effective SMS.
(2) The safety manager shall—
(a) ensure that processes needed for the SMS are developed, implemented,
adhered to and maintained;
(b) report to the Accountable Executive on the performance of the SMS and on
any need for improvement; and
(c) ensure safety promotion throughout the organization.
16. Safety accountabilities and responsibilities
(1) A service provider shall identify the safety accountabilities, responsibilities and
authorities of all members of management as well as of all employees, irrespective of other
responsibilities.
(2) The service provider shall define accountability for safety within the organization’s
safety policy for the following individuals—
(a) accountable executive;
(b) all members of management in regard to developing, implementing, and
maintaining SMS processes within their area of responsibility, including—

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(i) hazard identification and safety risk assessment;


(ii) assuring the effectiveness of safety risk controls;
(iii) promoting safety as required in Part VII of these Regulations;
(iv) advising the accountable executive on the performance of the SMS
and on any need for improvement.
(c) employees relatives to the certificate holder’s safety performance.
(3) The service provider shall identify the levels of management with the authority to
make decisions regarding safety risk acceptance.
(4) Safety-related accountabilities, responsibilities and authorities shall be defined,
documented and communicated throughout the organization.
17. Coordination of Emergency Response Plans
(1) A service provider shall develop and maintain an emergency response plan.
(2) The emergency response plan shall be submitted to the Authority for approval.
(3) The service provider shall ensure its emergency response plan is properly
coordinated with the emergency response plans of those organizations it shall interface with
during the provision of its services.
(4) The coordination of the emergency response plan shall ensure the orderly and
efficient transition from normal to emergency operations and the return to normal operations.
5) delegation of emergency authority;
(a) ensure that the SMS is properly implemented and functioning in all areas of
the certificate holder’s organization;
(b) assignment of emergency responsibilities during the coordinated activities;
(c) coordination of efforts to cope with the emergency; and
(d) compatibility with other emergency response plans of other organizations.
18. SMS documentation
(1) A service provider shall, as part of the SMS documentation, complete a system
description.
(a) the safety policy and objectives;
(b) the SMS requirements;
(c) the SMS processes and procedures;
(d) the accountabilities, responsibilities for processes and procedures; and
(e) the SMS outputs.
19. System description
(1) A service provider shall, as part of the SMS documentation, complete a system
description.
(2) The system description shall include the following—
(a) the system interactions with other systems in the air transportation system;
(b) the system functions;
(c) required human performance considerations of the system operation;
(d) hardware components of the system;
(e) software components of the system;
(f) related procedures that define guidance for the operation and use of the
system;
(g) operational environment; and
(h) contracted, subcontracted and purchased products and services.
20. Gap analysis

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A service provider shall, as part of the SMS documentation, complete a gap analysis,
in order to—
(a) identify the safety arrangements and structures that may already exist in its
organization; and
(b) determine additional safety arrangements required to implement and maintain
the organization’s SMS.
21. SMS Implementation Plan
(1) A service provider shall, as part of the SMS documentation, develop, an SMS
implementation plan.
(2) The SMS implementation plan shall define the approach the service provider will
adopt for managing safety in a manner that will meet the organization’s safety objectives.
(3) A service provider’s SMS implementation plan, shall be formally endorsed by the
organization.
(4) The SMS implementation plan includes timelines and milestones consistent with—
(a) the requirements identified in the gap analysis process;
(b) the size of the service provider; and
(c) the complexity of its products or services.
(5) The SMS implementation plan shall explicitly address the co-ordination between the
SMS of the service provider and the SMS of other organizations the service provider shall
interface with during the provision of services.
(6) The SMS implementation plan shall include the following—
(a) safety policy and objectives;
(b) system description;
(c) gap analysis;
(d) SMS components;
(e) safety roles and responsibilities;
(f) hazard reporting policy;
(g) means of employee involvement;
(h) safety performance measurement;
(i) safety training;
(j) safety communication;
(k) management review of safety performance; and
(l) safety monitoring.
22. SMS Manual
(1) A service provider shall, as part of the SMS documentation, develop and maintain a
Safety Management System Manual (SMSM), to communicate the organization’s approach
to safety throughout the organization.
(2) The Safety Management System Manual (SMSM) shall document all aspects of the
SMS, and its contents shall include—
(a) scope of the Safety Management System;
(b) safety policy and objectives;
(c) safety accountabilities, responsibilities and authorities;
(d) key safety personnel;
(e) system description;
(f) documentation control procedures;
(g) co-ordination of emergency response planning;
(h) hazard identification and safety risk management schemes;

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(i) safety performance monitoring;


(j) safety auditing;
(k) procedures for the management of change;
(l) safety promotion; and
(m) control of contracted activities.
(3) The Safety Management System Manual (SMSM) shall be developed in accordance
with guidelines set out in the Third Schedule to these Regulations and shall be submitted
to the Authority for acceptance.
PART V — SAFETY RISK MANAGEMENT
23. Safety data Collection and Hazard Identification process
(1) A service provider shall develop and maintain Safety Data Collection and Processing
Systems (SDCPS) that provide for the identification of hazards and the analysis, assessment
and mitigation of safety risks.
(2) A service provider shall develop and maintain a formal process that ensures that
hazards in operations are identified.
(3) The hazard identification process shall include—
(a) reporting of hazards, events or safety concerns;
(b) collection and storage of safety data;
(c) analysis of the safety data; and
(d) distribution of the safety information distilled from the safety data
(4) The formal means of safety data collection shall include mandatory, voluntary and
confidential reporting systems as required under Regulations 26 and 27.
(5) Effectiveness of safety data reporting shall be assessed through defining the line
between acceptable performance and non-acceptable performance and shall provide for
fair protection to persons reporting.
24. Sharing of safety data
(1) A service provider shall develop and maintain a formal process that promotes
analysis, assessment and control of the safety risks identified during the provision of its
services.
(2) The safety risks of each hazard identified through the hazard identification processes
referred to in regulation 23 of these Regulations shall be analysed in terms of probability
and severity of occurrence, and assessed for their tolerability.
(3) The service provider shall define the levels of management with authority to make
safety risk tolerability decisions.
(4) The service provider shall define safety controls for each safety risk assessed as
tolerable.
25. Mandatory Occurrence Reporting
(1) A service provider shall notify and make mandatory occurrence reports on accidents,
serious incidents, incidents and other safety related occurrences including—
(a) defects;
(b) malfunctions; and
(c) service difficulties,
to the Authority within 24 hours, in the case of accident, 48 hours in the case
of serious incidents and 72 hours in the case of incidents and other safety
related occurrences.
(2) Service providers and relevant persons shall ensure that occurrence reports are
made on appropriate forms acceptable to the Authority and contains detailed information
pertinent to the specific occurrence.

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(3) Service providers shall, as part of their Safety Management System, be responsible
for investigating all incidents that occur during their operations.
(4) Accidents and serious incidents are investigated by the Accidents and Incidents
Investigation Department (AAID), however, the AAID may, at its discretion, delegate
investigations of certain serious incidents to the Authority.
26. Voluntary Incident Reporting System
(1) A service provider shall establish a voluntary incident reporting system to facilitate
collection of information on actual or potential safety deficiencies that may not be captured
by the mandatory incident reporting system.
(2) A voluntary incident reporting system established by a service provider shall be non-
punitive and shall afford protection to the sources of the information.
(3) An organization’s voluntary and confidential reporting system shall, as minimum,
define—
(a) the objective of the reporting system;
(b) the scope of the aviation sectors or areas covered by the system;
(c) who can make a voluntary report;
(d) when to make such a report;
(e) how the reports are processed; and
(f) contacting [Name of system] manager;
PART VI—SAFETY ASSURANCE
27. Safety Assurance Process
(1) A service provider shall develop and maintain safety assurance processes to ensure
that the safety risk controls developed as a consequence of the hazard identification and
safety risk management activities achieve their intended objectives.
(2) Safety assurance processes shall apply to an SMS whether the activities or
operations are accomplished internally or are outsourced.
(3) The service provider shall monitor and assess the effectiveness of its SMS processes
to enable continuous improvement of the overall performance of the SMS.
28. Safety performance monitoring and measurement
(1) A service provider shall, as part of the SMS safety assurance activities, develop
and maintain the necessary means to verify the safety performance of the organization in
reference to the safety performance indicators and safety performance targets of the SMS,
and to validate the effectiveness of safety risk controls.
(2) Safety performance monitoring and measurement include—
(a) hazard reporting systems;
(b) safety audits;
(c) safety surveys;
(d) safety reviews;
(e) safety studies; and
(f) internal safety investigations.
(3) The service provider’s safety performance shall be verified in reference to the safety
performance indicators and safety performance targets of the SMS.
29. Management of change
(1) A service provider shall, as part of the SMS safety assurance activities, develop and
maintain a formal process for the management of change.
(2) The formal process for the management of change shall—

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(a) identify changes within the organization which may affect established
processes and services;
(b) establish arrangements to ensure safety performance prior to implementing
changes; and
(c) eliminate or modify safety risk controls that are no longer needed due to
changes in the operational environment.
30. Continuous improvement of safety system
(1) A service provider shall, as part of the SMS safety assurance activities, develop and
maintain formal processes to—
(a) identify the causes of substandard performance of the SMS;
(b) determine the implications on its operations; and
(c) rectify situations involving substandard performance, in order to ensure
continuous improvement of the SMS.
(2) Continuous improvement of the service provider’s SMS shall include—
(a) proactive and reactive evaluation of facilities, equipment, documentation and
procedures, to verify the effectiveness of strategies for control of safety risks;
and
(b) proactive evaluation of the individual’s performance, to verify the fulfilment of
safety responsibilities.
PART VII— SAFETY PROMOTION
31. Safety promotion
Service providers shall develop and maintain formal safety training and safety
communication activities to create an environment where the safety objectives of the
organization can be achieved.
32. Safety training
(1) A service provider shall, as part of its safety promotion activities, develop and
maintain a safety training programme and education that ensures that personnel are trained
and competent to perform their SMS duties.
(2) The scope of the safety training shall be appropriate to the individual’s involvement
in the SMS.
(3) The Accountable Executive shall receive safety awareness training regarding—
(a) safety policy and objectives;
(b) SMS roles, accountabilities and responsibilities;
(c) SMS standards; and
(d) safety assurance.
33. Safety communication
A service provider shall, as part of its safety promotion activities, develop and maintain
formal means for safety communication, to—
(a) ensure that all staff are fully aware of the SMS;
(b) convey safety-critical information;
(c) explain why particular safety actions are taken;
(d) explain why safety procedures are introduced or changed; and
(e) convey generic safety information.
PART VIII— GENERAL PROVISIONS
34. Safety promotion

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A service provider shall ensure that the organization’s quality policy is consistent with,
and supports the fulfilment of the activities of the SMS.
35. administrative sanctions
A person who fails to comply with the provision of these Regulations, commits an offence
and shall be liable to administrative sanction as may be prescribed in the Act or these
Regulations.
36. Consequential amendment
(1) The Regulations specified in the first column of the Fourth Schedule are amended
by deleting of the respective regulation as set out in the third column to the Schedule.
(2) Despite paragraph (1), any acts done under the amended Regulations shall be
continued as if they were instituted under these Regulations.
FIRST SCHEDULE
(r. 4(3))

FRAMEWORK FOR A STATE SAFETY PROGRAMME (SSP)


1. State safety policy and objectives
(1.1) State safety legislative framework
The State has promulgated a national safety legislative framework and specific
regulations, in compliance with international and national standards, that define how the
State will conduct the management of safety in the State. This includes the participation
of State aviation organizations in specific activities related to the management of safety
in the State, and the establishment of the roles, responsibilities and relationships of such
organizations. The safety legislative framework and specific Regulations are periodically
reviewed to ensure they remain relevant and appropriate to the State.
(1. 2) State safety responsibilities and accountabilities
The State has identified, defined and documented the requirements, responsibilities and
accountabilities regarding the establishment and maintenance of the SSP. This includes the
directives to plan, organize, develop, maintain, control and continuously improve the SSP in
a manner that meets the State’s safety objectives. It also includes a clear statement about
the provision of the necessary resources for the implementation of the SSP.
(1. 3) Accident and incident investigation
The State has established an independent accident and incident investigation process,
the sole objective of which is the prevention of accidents and incidents, and not the
apportioning of blame or liability. Such investigations are in support of the management of
safety in the State. In the operation of the SSP, the State maintains the independence of the
accident and incident investigation organization from other State aviation organizations.
(1. 4) Enforcement policy
The State has promulgated an enforcement policy that establishes the conditions and
circumstances under which service providers are allowed to deal with, and resolve, events
involving certain safety deviations, internally, within the context of the service provider’s
SMS, and to the satisfaction of the appropriate State authority. The enforcement policy also
establishes the conditions and circumstances under which to deal with safety deviations
through established enforcement procedures.
2. State safety risk management
(2.1) Safety requirements for the service provider’s SMS
The State has established the controls which govern how service providers will identify
hazards and manage safety risks. These include the requirements, specific operating
regulations and implementation policies for the service provider’s SMS. The requirements,
specific operating regulations and implementation policies are periodically reviewed to
ensure they remain relevant and appropriate to the service providers.

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(2. 2) Agreement on the service provider’s safety performance


The State has agreed with individual service providers on the safety performance of their
SMS. The agreed safety performance of an individual service provider’s SMS is periodically
reviewed to ensure it remains relevant and appropriate to the service providers.
3. State safety assurance
(3.1) Safety oversight
The State has established mechanisms to ensure effective monitoring of the eight critical
elements of the safety oversight function. The State has also established mechanisms
to ensure that the identification of hazards and the management of safety risks by
service providers follow established regulatory controls (requirements, specific operating
regulations and implementation policies). These mechanisms include inspections, audits
and surveys to ensure that regulatory safety risk controls are appropriately integrated into the
service provider’s SMS, that they are being practised as designed, and that the regulatory
controls have the intended effect on safety risks.
Note.— Guidance on the implementation of this element is contained in the Safety
Management Manual (SMM).
(3. 2) Safety data collection, analysis and exchange
The State has established mechanisms to ensure the capture and storage of data on
hazards and safety risk sat both an individual and aggregate State level. The State has
also established mechanisms to develop information from the stored data, and to actively
exchange safety information with service providers and/or other States as appropriate.
3. 3) Safety-data-driven targeting of oversight of areas of greater concern or need
The State has established procedures to prioritize inspections, audits and surveys
towards those areas of greater safety concern or need, as identified by the analysis of data
on hazards, their consequences in operations, and the assessed safety risks.
4. State safety promotion
(4.1) Internal training, communication and dissemination of safety information
The State provides training and fosters awareness and two-way communication
of safety-relevant information to support, within the State aviation organizations, the
development of an organizational culture that fosters an effective and efficient SSP.
(4. 2) External training, communication and dissemination of safety information
The State provides education and promotes awareness of safety risks and two-way
communication of safety relevant information to support, among service providers, the
development of an organizational culture that fosters an effective and efficient SMS.

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SECOND SCHEDULE
(r.6(1))

FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS)


1. Safety policy and objectives
(1.1) Management commitment and responsibility
(1. 2) Safety accountabilities
(1. 3) Appointment of key safety personnel
(1. 4) Coordination of emergency response planning
(1. 5) SMS documentation
2. Safety risk management
(2.1) Hazard identification
(2. 2) Safety risk assessment and mitigation
3. Safety assurance
(3.1) Safety performance monitoring and measurement
Note.— Guidance on the implementation of this element is contained in the Safety
Management Manual (SMM).
(3. 2) The management of change
3. 3) Continuous improvement of the SMS
4. Safety promotion
(4.1) Training and education
(4. 2) The Accountable Executive shall receive safety awareness training regarding—
The service provider shall develop and maintain a formal means for safety
communication that:
(a) ensures personnel are aware of the SMS to a degree commensurate with
their positions;
(b) conveys safety-critical information
(c) explains why particular safety actions are taken; and
(d) explains why safety procedures are introduced or changed.

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THIRD SCHEDULE
(rr. 7(2), 9(4) and 22 (3))

LEGAL GUIDANCE FOR THE PROTECTION OF INFORMATION


FROM SAFETY DATA COLLECTION AND PROCESSING SYSTEMS
1. Introduction
(1.1) The protection of safety information from inappropriate use is essential to ensure
its continued availability, since the use of safety information for other than safety-related
purposes may inhibit the future availability of such information, with an adverse effect on
safety. This fact was recognized by the 35th Assembly of ICAO, which noted that existing
national laws and regulations in many States may not adequately address the manner in
which safety information is protected from inappropriate use.
(1. 2) The guidance contained in this schedule is therefore aimed at assisting
the Authority enact national laws and regulations to protect information gathered from
safety data collection and processing systems(SDCPS), while allowing for the proper
administration of justice. The objective is to prevent the inappropriate use of information
collected solely for the purpose of improving aviation safety.
(1. 3) The legal guidance must allow Authority the flexibility to draft their laws and
regulations in accordance with their national policies and practices.
(1. 4) The guidance contained in this Schedule, therefore, takes the form of a series of
principles that have been distilled from examples of national laws and regulations provided
by Authority. The concepts described in these principles could be adapted or modified
to meet the particular needs of the State enacting laws and regulations to protect safety
information.
(4. 2) Throughout this Schedule:
(a) “safety information” means information contained in SDCPS established for
the sole purpose of improving aviation safety, and qualified for protection
under specified conditions in accordance with 3.1 below;
(b) “inappropriate use’’ means the use of safety information for purposes different
from the purposes for which it was collected, namely, use of the information for
disciplinary, civil, administrative and criminal proceedings against operational
personnel, and/or disclosure of the information to the public;
(c) “SDCPS” means processing and reporting systems, databases, schemes for
exchange of information, and recorded information and include:
(1) records pertaining to accident and incident investigations, as described in the
Civil Aviation (AAI) Regulations;
(2) mandatory incident reporting systems, as described in part V to these
Regulations;
(3) voluntary incident reporting systems, as described in part V to these
Regulations; and
(4) self-disclosure reporting systems, including automatic data capture systems,
as described in Civil Aviation Regulations, as well as manual data capture
systems.
Note.—Information on safety data collection and processing systems can be
found in the Safety Management Manual (SMM).
2. General principles
(2.1) The sole purpose of protecting safety information from inappropriate use is to
ensure its continued availability so that proper and timely preventive actions can be taken
and aviation safety improved.
(2. 2) It is not the purpose of protecting safety information to interfere with the proper
administration of justice in States.

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(2. 3) National laws and regulations protecting safety information should ensure that
a balance is struck between the need for the protection of safety information in order to
improve aviation safety, and the need for the proper administration of justice.
(2. 4) National laws and regulations protecting safety information should prevent its
inappropriate use.
(2. 5) Providing protection to qualified safety information under specified conditions is
part of a State’s safety responsibilities.
3. Principles of protection
(3.1) Safety information should qualify for protection from inappropriate use according
to specified conditions that should include, but not necessarily be limited to whether the
collection of information was for explicit safety purposes and if the disclosure of the
information would inhibit its continued availability
(3. 2) The protection should be specific for each SDCPS, based upon the nature of the
safety information it contains.
(3. 3) A formal procedure should be established to provide protection to qualified safety
information, in accordance with specified conditions.
(3. 4) Safety information should not be used in a way different from the purposes for
which it was collected.
(3. 5) The use of safety information in disciplinary, civil, administrative and criminal
proceedings should be carried out only under suitable safeguards provided by national law.
4. Principles of exception
(4. 1) Exceptions to the protection of safety information should only be granted by
national laws and regulations when:
(a) there is evidence that the occurrence was caused by an act considered,
in accordance with the law, to be conduct with intent to cause damage, or
conduct with knowledge that damage would probably result, equivalent to
reckless conduct, gross negligence or wilful misconduct;
(b) an appropriate authority considers that circumstances reasonably indicate
that the occurrence may have been caused by conduct with intent to cause
damage, or conduct with knowledge that damage would probably result,
equivalent to reckless conduct, gross negligence or wilful misconduct; or
(c) review by an appropriate authority determines that the release of the safety
information is necessary for the proper administration of justice, and that
its release outweighs the adverse domestic and international impact such
release may have on the future availability of safety information.
5. Public disclosure
(5.1) Subject to the principles of protection and exception outlined above, any person
seeking disclosure of safety information should justify its release.
(5. 2) Formal criteria for disclosure of safety information should be established and
should include, but not necessarily be limited to, the following:
(a) disclosure of the safety information is necessary to correct conditions that
compromise safety or to change policies and regulations;
(b) disclosure of the safety information does not inhibit its future availability in
order to improve safety;
(c) disclosure of relevant personal information included in the safety information
complies with applicable privacy laws; and
(d) disclosure of the safety information is made in a de-identified, summarized
or aggregate form.
6. Responsibility of the custodian of safety information

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Each SDCPS should have a designated custodian. It is the responsibility of the


custodian of safety information to apply all possible protection regarding the disclosure of
the information, unless:
(a) the custodian of the safety information has the consent of the originator of the
information for disclosure; or
(b) the custodian of the safety information is satisfied that the release of the safety
information is in accordance with the principles of exception.
7. Protection of recorded information
Considering that ambient workplace recordings required by legislation, such as cockpit
voice recorders (CVRs), may be perceived as constituting an invasion of privacy for
operational personnel that other professions are not exposed to:
(a) subject to the principles of protection and exception above, national laws
and regulations should consider ambient workplace recordings required by
legislation as privileged protected information, i.e. information deserving
enhanced protection; and
(b) national laws and regulations should provide specific measures of protection
to such recordings as to their confidentiality and access by the public.
Such specific measures of protection of workplace recordings required by
legislation may include the issuance of orders of non-public disclosure.

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FOURTH SCHEDULE
(r. 36(1))

AMENDED REGULATIONS

Title of Regulation Deleted regulation


The Civil Aviation (Operation of regulation 26
Aircraft) Regulations, 2013 (LN. No.
76/13).
The Civil Aviation (Approved regulation 16
Training Organisation) Regulations,
2013 (LN. No. 77/13).
The Civil Aviation (Air Operator regulation 55
Certification and Administration)
Regulations, 2013 LN. 82
The Civil Aviation (Approved regulation 16
Maintenance Organisation)
Regulations, 2013 (LN. No. 85/13)
The Civil Aviation (Aerodromes) regulation 42
Regulations, 2013 (LN. No.84/13)
The Civil Aviation (Air Navigation regulation 40
Services) Regulations, 2013 (LN.
No. 78/13)

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THE CIVIL AVIATION (SECURITY) REGULATIONS, 2015


[L.N. 190/2015.]

PART I – PRELIMINARY
Regulations
1. Citation.
2. Application of Regulations.
3. Purpose of Regulations.
4. Interpretation.
PART II – ORGANIZATION
5. Functions of Authority in relation to aviation security.
6. Power to access and inspect airport, aircraft and operator’s premises.
7. Power of Authority to issue orders, circulars and directives.
8. Authorised persons.
PART III – SECURITY PROGRAMMES
9. National Civil Aviation Security Programme.
10. National Civil Aviation Security Committee.
11. National Civil Aviation Security Quality Control Programme.
12. Independence in implementation of programme.
13. Airport Operator Security Programme.
14. Aircraft Operator Security Programme.
15. Regulated Agent Security Programme.
16. Catering Operator Security Programme.
17. Air Traffic Service Provider Security Programme.
18. Application for approval of security programme.
19. Approval of security programme.
20. Changed conditions affecting security.
21. Power of Authority to direct amendment of security programme.
22. National Civil Aviation Security Training Programme.
23. Operator Aviation Security Training Programme.
PART IV – PREVENTIVE SECURITY MEASURES
24. Airport Security Committee.
25. Airport security controls.
26. Security restricted areas and airport security permits.
27. Airport boundary.
28. Carriage of firearms, explosives or inflammable materials in airport premises.
29. Control of access by tenants.
30. Obligation of airport operator in case of threat against facility or airport.
31. Persons authorised to screen to inform airport operator of threat against airport.
32. Airport operator to take measures in event of threat.
33. Discovery of weapons, incendiary devices or explosives at airport or security
restricted area.
34. Airport operator to involve security stakeholders and submit plans before renovation
and expansion works..
35. Operators to conduct security awareness training.
36. Operators to conduct internal quality control.
37. Operators to implement unpredictably.
38. Operators to keep records.

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39. Responsibilities of aircraft operator.


40. Special protection for aircraft.
41. Control of prohibited items.
42. Control of access to flight crew compartment.
43. Control of special categories of passengers..
44. Authorised carriage of weapons on board aircraft.
45. Conditions for acceptance of goods for air transportation.
46. Conditions for acceptance of hold baggage for air transportation.
47. Security measures to be taken by aircraft operator.
48. Aviation security responsibilities of catering operator..
49. Conditions for acceptance of catering stores and supplies for air transportation.
50. Aviation security responsibilities of ground handling service providers.
51. Aviation security responsibilities of aviation security service providers.
PART V – MANAGEMENT OF RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE
52. Prevention of acts of unlawful interference.
53. Authority's response to acts of unlawful interference.
54. Mandatory reporting.
55. Notification to the International Civil Aviation Organisation.
PART VI – OFFENCES AND PENALTIES
56. Offences committed at airports.
57. Offences committed against crew on board aircraft.
58. Offences jeopardizing good order and discipline on board aircraft.
59. Other offences committed on board aircraft.
60. Possession of prohibited items.
61. Entering security restricted areas.
62. Offences relating to airport security permits.
63. Failure to establish and maintain security programmes.
64. Operating without valid certificate or authorization.
65. Utilizing services of unauthorized persons.
66. Failure to submit plans before renovation or expansion works.
67. Obstructing authorised persons.
68. False declarations and falsified documents.
69. Offences by body corporate.
70. General penalty.
71. Jurisdiction.
PART VII –ENFORCEMENT OF REGULATIONS
72. Unidentified baggage.
73. Power to stop passengers traveling.
74. Powers and responsibilities of pilot in command.
75. Powers of Aviation Security Officers.
76. Power to exempt.
77. Power to enforce compliance.
78. Infringement Notice.
79. Powers of Aviation Security Inspectors.
80. Protection from personal liability.
PART VIII –REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS

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81. Revocation of LN. 74/2013.

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THE CIVIL AVIATION (SECURITY)


REGULATIONS, 2015
[L.N. 190/2015.]

PART I – PRELIMINARY
1. Citation
These Regulations may be cited as the Civil Aviation (Security) Regulations, 2015.
2. Application of Regulations
(1) These Regulations shall, unless otherwise stipulated, apply to—
(a) all aerodromes in Kenya;
(b) passengers in civil aviation;
(c) persons at airports;
(d) persons working in the aviation industry;
(e) persons who occupy land or buildings forming part of an airport; and
(f) persons on land adjoining or adjacent to, or within the vicinity of airports or
air navigation installations which do not form part of an airport.
(2) Despite the generality of subregulation (1), these Regulations apply to—
(a) operators or owners of airports;
(b) operators or owners of aircraft registered in Kenya or aircraft registered in
another state and operating in Kenya;
(c) air navigation service providers;
(d) persons permitted to have access to security restricted areas at an airport;
(e) persons who offers goods for transport by air; and
(f) any person whose conduct amounts to an act of unlawful interference or
endangers aviation safety.
(3) Nothing in these Regulations applies to or affects—
(a) a state aircraft; or
(b) military or police aviation operations in Kenya.
3. Purpose of Regulations
The purpose of these Regulations is—
(a) to safeguard and enhance aviation security against acts of violence or
unlawful interference by providing for the protection of—
(i) aircraft used for civil aviation, and persons and property on board such
aircraft;
(ii) airports, and persons and property at airports;.
(iii) air navigation installations which are not part of airports; and
(b) to regulate the conduct of persons at airports and persons on board aircraft
for the purposes of aviation security.
4. Interpretation
In these Regulations, unless the context otherwise requires—
"Act” means the Civil Aviation Act, 2013, (No, 21 of 2013);
“act of unlawful interference” means an act of attempted act to jeopardise the
safety of civil aviation and air transport, including—
(a) unlawful seizure of an aircraft in flight or on the ground;
(b) hostage taking on board an aircraft or at an airport;

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(c) forcible intrusion on board an aircraft at an airport or on the premises of


an aeronautical facility;
(d) Introduction on board an aircraft or at an airport of a weapon or hazardous
device or material intended for criminal purposes;
(e) Use of an aircraft in service for the purpose of causing death, serious
bodily injury, or serious damage to property or the environment;
(f) unauthorised possession, at an airport, or unauthorised introduction on
board an aircraft, of a weapon or hazardous devise or material;
(g) destroying or damaging air navigation facilities* or interfering with their
operation, if any such act is likely to endanger the safety of aircraft in flight;
(h) violence against a person on board an aircraft in flight if that act is likely
to endanger the safety of that aircraft;
(i) destroying an aircraft in service or causing damage to the aircraft which
renders it incapable of flight or which is likely to endanger its safety in
flight;
(j) communicating information which is known to be false, thereby
endangering the safety of an aircraft in flight or on the ground, of
passengers, crew, ground personnel or the general public at an airport or
on the premises of a civil aviation facility;
(k) unlawfully and intentionally using any device, substance or weapon—
(i) to perform an act of violence against a person at an airport serving civil
aviation which causes or is likely cause serous injury or death;
(ii) to destroy or seriously damage the facilities of an airport serving civil
aviation or an aircraft not in service located at the airport or disrupting the
services of the airport,
if that act endangers or is likely to endanger safety at that airport;
"aerodrome" means a defined area on land or water including any buildings,
installations and equipment intended to be used either wholly or in part for the arrival,
departure and surface movement of aircraft;
"airport" means any area in Kenya which is open for commercial aircraft operations;
“airport operator”includes an individual, organization or enterprise, however
designated, for the time being responsible for the administration and operation of an
airport;
“airport security permit” means a permit issued under regulation 26 (3);
“airside” means the movement area of an airport, adjacent terrain and buildings or
portions thereof, access to which is controlled;
"air navigation facility"means any facility used, available for use or designed for
use, in aid of air navigation and any other structure or mechanism having a similar
purpose for guiding or controlling flight in the air, or the landing and take-off of an aircraft;
“Air Traffic Management (ATM) Security” means the contribution of the ATM
system to civil aviation security, national security and defence, and law enforcement;
and the safeguarding of the ATM system from security threats and vulnerabilities;
“Air Traffic Service Provider” means a relevant authority designated by the State,
responsibility for provision of air traffic services in its airspace;
"authorised person" means an aviation security inspector or person designated by
the Authority under regulation 8 to be an authorised person for the purposes of these
Regulations;
"Authority" means the Kenya Civil Aviation Authority established by the Act;
"aviation security officer" means a person employed by an operator as defined in
this regulation to carry out security controls and includes a Screener;

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"aviation security service provider" means any entity or person who engages,
either directly or indirectly, under an agreement, to carry out some or all aviation security
duties on behalf of an operator and provides security controls to meet the requirements
of the operator or the Authority;
"background check" means a check of a person's identity and . previous
experience, including, where legally permissible, any criminal history as part of the
assessment of an individual's suitability to implement a security control or for unescorted
access to a security restricted area;
" baggage" means personal property of passengers or crew carried on an aircraft
by agreement with the aircraft operator;
"bomb threat" means a communicated threat anonymous or otherwise, which
suggests, or infers whether true or false, that the safety of an aircraft in flight or on the
ground or any airport or civil aviation facility or any person may be in danger from an
explosive or other item or device;
"cargo" means any property carried on an aircraft other than mail, stores and
accompanied or mishandled baggage;
"catering stores" means all items, other than catering supplies, associated with
passenger in-flight services, including newspapers, magazines, headphones, audio and
video tapes, pillows, blankets and amenity kits;
"catering supplies" means all food, beverages, other dry stores and associated
equipment used in air transport;
"certification" means a formal evaluation and confirmation by or on behalf of
the Authority that a person or organization possesses the necessary competencies to
perform assigned functions to an acceptable level as defined by the Authority;
“Civil aviation" includes —
(a) commercial air transport operations; and
(b) general aviation operations;
“COMAIL" means an abbreviation of commercial air transport operator company
mail, shipped within its network of stations;
“COMAT" means an abbreviation of commercial air fiansport operator company
materials, shipped within its network of stations;
"commercial air transport operations" means aircraft operations involving the
transport of passengers, cargo or mail for remuneration or hire;
"contingency plan" means a proactive plan to include measures and procedures
addressing various threat levels, risk assessments and the associated security
measures to be implemented, designed to anticipate and mitigate events as well as
prepare all concerned parties having roles and responsibilities in the event of an actual
act of unlawful interference and sets forth incremental security measures that may be
elevated as the threat increases and may be a stand-alone plan or included as part of
a Crisis Management Plan;
"disruptive passenger" means a passenger who fails to comply with the rules of
conduct at an airport or on board an aircraft or to follow the instructions of the airport
staff or aircraft crew members and thereby disturbs the good order and discipline at an
airport or on board an aircraft;
“facilitation" means the efficient management of the necessary control process,
with the objective of expediting the clearance of persons or goods and preventing
unnecessary operational delays;
"general aviation operation" means an aircraft operation other than a commercial
air transport operation or an aerial work operation;

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"goods" includes cargo and mail, merchandize, catering supplies and stores;
"Ground Handling Service Provider" means a provider of services to airport users
or aircraft operators that includes passenger and baggage handling, cargo and mail
handling, whether incoming, outgoing or being transferred between the airport terminals
and the aircraft, and ramp handling;
"High-risk cargo or mail" means cargo or mail presented by an unknown entity or
showing signs of tampering if in addition, it meets one of the following criteria:
(a) specific intelligence indicates that the cargo or mail poses a threat to civil
aviation; or
(b) the cargo or mail shows anomalies that give rise to suspicion; or
(c) the nature of the cargo or mail is such that baseline security measures
alone are unlikely to detect prohibited items that could endanger the
aircraft:
(d) the cargo or mail has originated or passed through countries considered
high risk,
Regardless of whether the cargo or mail comes from a known or unknown entity, a
State's specific intelligence about a consignment may render it as high risk;
"human performance" means human capabilities and limitations which have an
impact on the safety, security and efficiency of aeronautical operations;
"in-flight security officer" means a person who is authorized by the government of
the State of the Operator and the government of the State of Registration to be deployed
on an aircraft with the purpose of protecting that aircraft and its occupants against acts
of unlawful interference. This excludes persons employed to provide exclusive personal
protection for one or more specific people travelling on the aircraft, such as personal
bodyguards;
"infringement notice offence" means an offence committed under any of the
regulations where a penalty of fine is stipulated;
"known consignor" means a consignor who originates cargo or mail for its own
account and whose procedures meet common security rules and standards sufficient to
allow the carriage of cargo or mail on any aircraft;
"known stores" means catering supplies and stores delivered to an aircraft operator
and that have been subjected to appropriate security controls;
"landside" means an area of an airport and buildings on it to which the non-traveling
public has free access;
'MANPADS" means man-portable air defence systems and are shoulder-launched
surface-to-air missiles that can be carried by one or two people and used against aircraft
flying at low altitude;
“mail" means dispatches of correspondence and other items tendered by and
intended for delivery to postal services in accordance with the rules of the Universal
Postal Union (UPU);
"mishandled baggage" mearur baggage involuntarily, or inadvertently separated
from passengers or crew;
“national civil aviation security programme” means an integrated set of
regulations and activities promulgated and performed by the State aimed at safeguarding
civil aviation against acts of unlawful interference;
"operator” includes an airport operator, an aircraft operator, a regulated agent an
air traffic service provider and a catering operator;
"prohibited item" means an item prescribed in regulation 41 and which can be used
to commit an act of unlawful interference;

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"regulated agent" means an agent, freight forwarder or other entity who conducts
business with an operator and provides security controls that are accepted or required
by the Authority;
"relevant national authorities" means agencies involved in conducting national
aviation security threat and risk assessments and shall include the Authority, the Kenya
Airports Authority, the National Intelligence Service and the Kenya Airports Police;
"sabotage” means an act or omission, intended to cause malicious or wanton
destruction of property, endangering or resulting in unlawful interference with civil
aviation and its facilities;
"screening" means the application of technical or other means which are intended
to identify or detect weapons, explosives or other dangerous devices, articles or
substances which may be used to commit an act of unlawful interference;
"security" means safeguarding civil aviation against' acts of unlawful interference
through a combination of measures and human and material resources;
”security audit" means an in-depth compliance examination of all aspects of the
implementation of the National Civil Aviation Security Programme;
”security control" is a means by which the introduction of weapons explosives or
other dangerous devices articles or substances which may be used to commit an act of
unlawful interference can be prevented;
"security inspection" means an examination of the implementation of relevant
National Civil Aviation Security Programme requirements by an airline, airport, or other
entity involved in security;
"security programme" means measures and procedures adopted to safeguard civil
aviation against acts of unlawful interference;
"security restricted area" means airside areas of an airport which are identified as
priority risk areas where, in addition to access control, other security controls are applied
and includes, inter alia, all passenger departure areas between the screening checkpoint
and the aircraft, the ramp, baggage make-up areas, including those where aircraft are
being brought into service and screened baggage and cargo are present, cargo sheds,
mail centres, airside catering and aircraft cleaning premises;
"security survey"means an evaluation of security needs, including the identification
of vulnerabilities which could be exploited to carry out an act of unlawful interference
and the recommendation of corrective actions;
"security test' means a covert or overt trial of an aviation security measure which
simulates an attempt to commit an unlawful act;
"supply chain assets" means cargo and mail, facilities, equipment, information and
personnel;
"technical Instructions" means the ICAO Technical Instructions for the Safe
Transportation of Dangerous Goods by Air, Doc. 9284:
"transfer cargo and mail" means cargo and mail departing on an aircraft other than
that on which it arrived;
"unidentified baggage" means baggage at an airport, with or without a baggage tag
which is not picked by or identified with a passenger, and includes unattended baggage;
“unknown stores" means supplies and stores that have not have been subjected
to appropriate security controls; and
”unpredictably" means the implementation of security controls in order to increase
their deterrent effect and their efficiency, by applying them at irregular frequencies,
different locations or with varying means, in accordance with a defined framework.

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PART II – ORGANIZATION
5. Functions of Authority in relation to aviation security
(1) The Authority shall—
(a) be responsible for the regulation of aviation security in Kenya;
(b) regulate the security operations of airports, aircraft, regulated agents,
air traffic service providers, catering operators and other related
entities, as the case may be, for the purpose of—
(i) protecting passengers, crew members, airport, the general public and
other aviation facilities;
(ii) preventing unlawful interference against civil aviation; and
(iii) assuring that appropriate action is taken when an act of unlawful
interference occurs or is likely to occur;
(c) define and allocate tasks and coordinate activities under the National
Civil Aviation Security Programme, between the ministries, departments,
agencies, airport, aircraft operators, air traffic service providers and other
organisations responsible for the various aspects of aviation security;
(d) conduct certification of regulated agents and catering operators, aviation
security screeners, supervisors, instructors and inspectors once every two
years.
(2) The Authority shall, in respect of each operator—
(a) conduct security surveys to identify security needs at least once in each year;
(b) conduct security inspections and audits of security controls;
(c) conduct security tests of security controls to assess their effectiveness;
(d) evaluate and approve security programmes; and
(e) conduct investigations and enforcement to resolve any security concerns.
(3) The Authority, in respect of other states—
(a) shall co-operate in the development and exchange of information on National
Civil Aviation Security Programmes in accordance with the laws of Kenya;
(b) may, subject to paragraph (a), consider requests by other States to share
or exchange information on the development of security programmes
including provision of a written version of the National Civil Aviation Security
Programme as appropriate;
(c) shall establish and implement suitable protection and handling procedures for
security information shared by other states, or security information that affects
the security interests of other states, in order to ensure that inappropriate use
or disclosure of such information is avoided;
(d) shall share, as appropriate, and consistent with the State's sovereignty, the
results of the audit carried out by ICAO and the corrective actions taken and
notify ICAO where such information is shared.
(4) The Authority—
(a) shall keep under constant review the level of threat to civil aviation within the
State and establish and implement policies and procedures to adjust relevant
elements of the national civil aviation security programme accordingly,
based upon a security risk assessment carried out by the relevant national
authorities;
(b) shall share threat information that applies to the aviation security int€rests in
accordance with the laws of Kenya;
(c) may, subject to paragraph O), consider and share threat information of
aviation interests with other states as deemed necessary for the purpose of
protecting civil aviation against acts of unlawful interference;

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(d) shall, where necessary, consider and engage in collaborative arrangements


with other states in order to increase the stainability of the aviation security
system by avoiding unnecessary duplication of security controls and the
arrangement shall be based on verification of equivalence of the security
outcome Ensured by the application of effective s€curiry controls at points of
origin;
(e) shall establish and implement appropriate mechanisms to appropriate
mechanisms to confirm that transfer cargo and mail entering into Kenya has
been subjected to appropriate security controls;
(f) shall ensure appropriate protection of aviation security information;
(g) shall ensure that a clause related to aviation security is included in each of
the bilateral agreement on air transport, taking into account the model clause
developed by ICAO.
6. Power to access and inspect airport , aircraft and operator’s premises
The Authority shall have free and unobstructed access at all times to an airport, an
aircraft operating from or within Kenya, or an aircraft registered in Kenya operating in any
other state, and the premises of an operator within Kenya, for the purpose of inspecting
security operations or to carry out security inspections and surveys, safety and security
audits and testing functions.
7. Power of Authority to issue orders, circulars and directives
The Authority may make and issue orders, circulars and directives prescribing any
aviation security matter which, under these Regulations, is to be prescribed, and generally
for the better carrying out or enhancing of the objects and purposes of these Regulations.
8. Authorised persons
Tho Authority may, in writing, designate qualified persons, whether by name or by title
of office, to be authorised persons for the purposes of these Regulations and shall state the
functions and limits of operation of the authorised persons.
PART III – SECURITY PROGRAMMES
9. National Civil Aviation Security Programme
(1) The Authority shall—
(a) establish a written National Civil Aviation Security Programme and ensure
its maintenance and implementation to safeguard civil aviation against acts
of unlawful interference through regulations, practices and procedures which
take into account the safety, regularity and efficiency of flights; and
(b) make available to airports an aircraft operators operating in Kenya, air
traffic service providers, and other operators and entities concerned, a
written version of the appropriate parts of the National Civil Aviation Security
Programme.
(2) Without limiting the generality of subregulation (1) (a), the National Civil Aviation
Security Programme shall include the following matters—
(a) allocation of responsibilities for implementation of the programrne;
(b) co-ordination, facilitation and communications;
(c) protection of airports, aircraft and navigation facilities;
(d) co-ordination of landside security measures between relevant departments,
agencies, other organizations of the State, and other entities, and
identification of appropriate responsibilities;
(e) security control of persons and items being placed on board aircraft;
(e) personal and document security;
(f) security equipment;

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(g) personnel, including selection criteria and training;


(h) management of response to acts of unlawful interference;
(i) evaluation of effectiveness of the programme;
(j) adjustment of the programme and contingency plans;
(k) financing of security; and
(l) protection and handling procedures for security information shared by other
states.
(3) The National Civil Aviation Security programme shall he reviewed and updated as
the need may arise or at least once every year.
10. National Civil Aviation Security Committee
(1) There shall be a National Civil Aviation Security Committee for the purpose of —
(a) advising and coordinating security activities between ministries, departments,
agencies and other organisations at Kenyan airports, aircraft operators, air
traffic service providers and other entities concerned with or responsible for
the implementation of various aspects of the National Civil Aviation Security
Programme; and
(b) recommending and reviewing the effectiveness of security measures and
procedures.
(2) The National Civil Aviation Security Committee shall be appointed by the Cabinet
Secretary and shall consist of persons from ministries, departments, agencies, air traffic
service providers and other organisations at Kenyan airports, aircraft operators and other
related entities.
(3) Without limiting the generality of subregulation (2) the Cabinet Secretary shall,
in appointing members of the National Civil Aviation Security Committee, ensure that it
comprises one member from each of the following departments, agencies or organisations—
(a) the Authority;
(b) the ministry responsible for civil aviation;
(c) the Chairperson of the National Air Transport Facilitation Committee;
(d) the airports authority;
(e) the ministry responsible for security or internal affairs;
(f) National Intelligence Service;
(g) the Kenya airports police;
(h) the Kenya Defence Forces;
(i) the department of immigration services;
(j) associations of domestic or local and international scheduled airlines;
(k) the Communications Authority of Kenya;
(l) the customs and border control;
(m) the ministry responsible for foreign affairs;
(n) the ministry responsible for health;
(o) the national agency responsible for counter-terrorism;
(p) the Kenya Wildlife Service.
(4) The members of the National Civil Aviation Security Committee shall hold office on
terms and conditions recommended by the Authority and specified in their instruments of
appointment.
(5) The members of the National Civil Aviation Security Committee shall be paid such
sitting and other allowances as the Authority may determine.
(6) The head of the Authority shall be the Chairperson of the Committee.

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(7) The National Civil Aviation Security Committee may invite any person to attend
and take part in the proceedings of the Committee and that person may participate in any
discussion at the meeting but shall not have a right to vote at that meeting.
(8) The National Civil Aviation Security Committee shall meet for the discharge of its
functions as often as is necessary, at a time and place specified by the Chairperson, and in
any case, shall meet at least once in every three months.
(9) Subject to this regulation, the National Civil Aviation Security Committee shall
regulate the procedure for its meetings.
11. National Civil Aviation Security Quality Control Programme
(1) The Authority shall develop, implement and maintain a National Civil Aviation
Security Quality Control Programme for the purposes of—
(a) determining and monitoring compliance with and validating the effectiveness
of the National Civil Aviation Security Programme;
(b) determining the adequacy and effectiveness of the National Civil Aviation
Security Programme through audits, tests, surveils, inspections and security
exercises;
(c) ensuring that all persons who are assigned aviation security duties or
responsibilities are verifiably trained and instructed to carry out those duties;
(d) ensuring that persons implementing security controls possess all
competencies required to perform their duties and are appropriately trained
and certified;
(e) ensuring that all persons conducting aviation security training possess
necessary competencies to perform their duties, are appropriately trained and
certified and use training packages approved or recognized by the Authority;
(f) ensuring that each entity responsible for the implementation of relevant
elements of the National Civil Aviation Security Programme periodically
verifies that the implementation of security measures outsourced to external
service providers is in compliance with the entity's security programme;
(g) ensuring that acts of unlawful interference are investigated; and
(h) reviewing and re-evaluating security measures and controls immediately
following an act of unlawful interference.
(2) The Authority shall, in developing the National Civil Aviation Security Quality Control
Programme, ensure the incorporation of appropriate methods, means and procedures for—
(a) ensuring that the personnel carrying out security audits, tests, surveys and
inspections are trained to appropriate standards for these tasks in accordance
with the National Civil Aviation Security Programme and are certified;
(b) ensuring that the personnel carrying out security audits, tests, surveys and
inspections are afforded the necessary authority to obtain information to carry
out those tasks, and to enforce corrective actions;
(c) supplementing the National Civil Aviation Security Quality Control
Programme by establishing a confidential reporting system for analysing
security information provided by sources including passengers, crew and
ground personnel; and
(d) establishing a process to record and analyse the results of the National Civil
Aviation Security Quality Control Programme, to contribute to the effective
development and implementation of the National Civil Aviation Security
Programme, including identifying the causes and patterns of non-compliance
and verifying that corrective actions have been implemented and sustained.
(3) The National Civil Aviation Security quality Control Programme shall—
(a) provide for structures, responsibilities, processes and procedures that
promote and establish an environment and culture of continuing improvement

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and enhancement of aviation security; and the means for ensuring that
persons tasked with carrying out security duties do so effectively; and
(b) provide all persons assigned aviation security duties or responsibilities with
direction for the effective application of aviation security controls, to prevent
acts of unlawful interference.
12. Independence in implementation of programme
The Authority shall ensure that the management, setting of priorities and organisation of
the National Civil Aviation Security Quality Control Programme is undertaken independently
from the entities and persons responsible for the implementation of the measures taken
under the National Civil Aviation Security Programme.
13. Airport Operator Security Programme
(1) A person shall not operate an airport without an Airport Operator Security Programme
approved by the Authority.
(2) Every operator of an airport serving civil aviation in Kenya shall establish and
implement a written Airport Operator Security programme that meets the requirements of
the National Civil Aviation Security Programme and these Regulations.
(3) An Airport Operator Security Programme shall—
(a) detail the specific security measures and procedures to be implemented at
the airport that comply with the requirements of the National Civil Aviation
Security Programme;
(b) provide for the appointment of a person who shall coordinate the
implementation of the National Civil Aviation Security Programme at the
airport level;
(c) provide for the establishment of an Airport Security Committee in conformity
with the requirements stipulated in the National Civil Aviation Security
Programme;
(d) require the integration of the needs of aviation security into the design and
construction of new facilities and alterations to existing facilities at the airport;
(e) provide security control measures for aircraft arriving from aerodromes where
security control are in doubt or inadequate;
(f) contain a contingency plan providing for matters including —
(i) measures and procedures in case of hijack of aircraft and hostage-
taking at the airport and on board aircraft;
(ii) access and procedures in case of sabotage, including bomb threats
to aircraft and to the airport;
(iii) access and procedures in case of terrorist attacks on aircraft and
the airport, including attacks using Man portable air defence systems
(MANPADS) or chemical, biological, nuclear and other weapons;
(iv) procedures when a prohibited item is found or is believed to be on
board an aircraft;
(v) evacuation and search of airport facilities and aircraft on the ground;
(vi) special security measures to be enacted during periods of increased
threat or for critical flights and routes;
(g) provide for measures for the protection of critical information technology and
communication systems used for civil aviation purposes from interference that
may jeopardize the safety of civil aviation;
(h) contain any other matter prescribed by the Authority.
(4) An Airport Operator Security Programme shall be in accordance with the
requirements prescribed in the National Civil Aviation Security Programme.

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(5) The Airport Operator Security Programme shall be reviewed and updated as the
need may arise and at least once a year.
(6) The provisions of this regulation shall not apply to Aerodromes in Categories D and
E as provided for under regulation 4 of the Civil Aviation Regulations, 2013.
14. Aircraft Operator Security Programme
(1) A person shall not operate an aircraft serving civil aviation from or within Kenya
without an Aircraft Operator Security Programme approved by the Authority.
(2) Every aircraft operator providing service in or from Kenya shall establish and
implement a written Aircraft Operator Security programme that meets the requirements of
the National Civil Aviation Security Programme and these Regulations.
(3) An Aircraft Operator Security Programme shall specify the measures, procedures
and practices to be followed by the operator to protect passengers, crew, ground personnel,
aircraft and facilities from acts of unlawful interference and shall include, at a minimum—
(a) the objectives of the programme and responsibility for ensuring its
implementation;
(b) the organisation of the operator's security functions and responsibilities,
including the designation of the operator in charge of aviation security;
(c) specific security measures including—
(i) security checks or searches of aircraft based upon a security risk
assessment carried out by the relevant national authorities and
protection of the aircraft from unauthorized interference from the time
the search or check has commenced until the aircraft departs;
(ii) procedures for the screening of passengers' cabin baggage and hold
baggage if this function is not assigned to the airport operator;
(iii) procedures to ensure that any items left on board by disembarking
passengers at transit stops are removed from the aircraft or otherwise
dealt with appropriately before departure of the aircraft;
(iv) reconciliation of hold baggage with boarding passengers, including
transit and transfer passengers;
(v) measures and procedures to ensure safety on board the aircraft where
passengers to be carried are obliged to travel as subjects of judicial
and administrative proceedings;
(vi) procedures for the carriage of weapons in the cabin compartment and
the aircraft hold;
(vii) in-flight procedures when a prohibited item is found or is believed to
be on board an aircraft;
(viii) security of, and control of access to, parked aircraft;
(ix) protection of hold baggage, cargo, mail and aircraft catering supplies
and stores;
(x) response procedures for crew members and other staff to occurrences
and threats;
(xi) protection of flight documents to include but not limited to bag tags,
boarding pass stocks, passenger and cargo manifests and security
tamper-evident seals;
(xii) procedures for screening, securing and control of known stores and
unknown stores;
(xiii) procedures for application of security controls for COMAIL and
COMAT;
(xvi) procedures to ensure that security controls are established to prevent
acts of unlawful interference with aircraft when they are not in security
restricted areas;

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(xiv) protection of critical information technology and communication


systems used for civil aviation purposes from interference that may
jeopardize the safety of civil aviation.
(d) measures to ensure the effectiveness of the programme, including adequate
training of staff and the periodic testing and evaluation of the security
programme;
(e) prevention of unauthorised passengers;
(f) measures to ensure that passengers, at points of embarkation, are in
possession of valid documents prescribed by the state of transit and
destination for control purposes; and
(g) any other matter prescribed by the Authority.
(4) An Aircraft Operator Security Programme shall be in accordance with the
requirements prescribed in the National Civil Aviation Security Programme.
(5) The Aircraft Operator Security Programme shall be reviewed and updated as the
need may arise and at least once a year.
15. Regulated Agent Security Programme
(1) A person shall not operate an enterprise or an organisation whose purpose is
the movement of cargo, mail, baggage or goods by air within or from Kenya without a
Regulated Agent Security Programme approved by the Authority and a certificate issued
by the Authority—
(2) A Regulated Agent Security Programme shall contain—
(a) provisions to meet the requirements of the National Civil Aviation Security
Programme and these Regulations; and
(b) provisions to respond to orders, circulars and directives issued by the
Authority under regulation 7;
(c) details of how the regulated agent plans to meet and maintain the
requirements set out in the Regulated Agent Security Programme;
(d) procedures for—
(i) ensuring that where screening of cargo and mail is conducted,
screening is carried out using an appropriate method or methods,
taking into account the nature of the consignment;
(ii) ensuring that air cargo or mail is protected from interference and
accounted for at every stage of its journey;
(iii) ensuring that enhanced security measures are applied to high-risk
cargo and mail to appropriately mitigate the threats associated with it;
(iv) reconciliation of hold baggage with boarding passengers, including
transit and transfer passengers;
(v) air cargo or mail acceptance, secure storage, transportation and
delivery as appropriate;
(vi) recruitment training, application of recurrent background checks every
two years and certification of staff involved in the implementation of
security controls;
(vii) protection of critical information technology and communication
systems used for civil aviation purposes from interference that may
jeopardize the safety of civil aviation;
(viii) incident reporting and maintenance of records;
(e) any other matter prescribed by the Authority.
(3) Approval of Regulated Agent Security Programmes shall be based on the supply
chain security process, which comprises management of applicable cargo and mail policies,
procedures, and technology, as stipulated in the National Civil Aviation Security Programme
to protect supply chain assets from acts of unlawful interference, theft, damage, or terrorism,

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and to prevent the introduction of prohibited items including explosive devices, contraband,
or weapons of mass destruction on into the supply chain.
(4) A Regulated Agent Security Programme shall be set out in the manner prescribed
in the National Civil Aviation Security Programme.
(5) The Regulated Agent Security Programme shall be reviewed and updated as the
need may arise and at least once a year.
16. Catering Operator Security Programme
(1) A person shall not operate an enterprise or an organisation whose purpose is the
direct provision of catering supplies and stores to commercial air transport operators within
or from Kenya, without a Catering Operator Security Programme approved by the Authority
and a certificate issued by the Authority.
(2) A Catering Operator Security Programme shall contain—
(a) provisions to meet the requirements of the National Civil Aviation Security
Programme and these Regulations;
(b) details of how the catering operator intends to comply with, and maintain the
requirements set out in the Catering Operator Security programme;
(c) procedures for—
(i) ensuring that screening or appropriate security controls are applied to
catering supplies and stores;
(ii) ensuring that secure catering supplies and stores axe protected from
interference and remedial action taken when the integrity of the
supplies and stores is interfered with;
(iii) ensuring the security of buildings, premises and transport facilities;
(iv) acceptance, storage, processing, transportation and delivery of
catering supplies and stores;
(v) recruitment, training and conducting recruitment background checks
every two years on staff involved in the implementation of security
controls;
(vi) protection of critical information technology and communication
systems used for civil aviation purposes from interference that may
jeopardize the safety of civil aviation;
(vii) reporting of incidents and maintaining records;
(d) any other matter prescribed by the Authority.
(3) A Catering Operator Security programme shall be set out in the manner prescribed
in the National Civil Aviation Security Programme.
(4) The Catering Operator Security Programme shall be reviewed and updated as the
need may arise and at least once a year.
17. Air Traffic Service Provider Security Programme
(1) A person shall not operate an enterprise or an organization whose purpose is the
provision of air traffic or air navigation services without a written Air Traffic Service Provider
Security Programme approved by the Authority.
(2) An Air Traffic Service Provider Security Programme shall contain—
(a) provisions to meet the requirements of the National Civil Aviation Security
Programme and these Regulations;
(b) provisions to respond to orders, circulars and directives issued by the
Authority under regulation 7
(c) provisions to comply with the relevant aspects of the Airport Security
Programmes of the airport of operation;

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(d) details of how the air traffic service provider plans to meet and maintain the
requirements set out in the Air Traffic Service Provider Security Programme;
(e) procedures for—
(i) coordination and communication with stakeholders at airports on
security and facilitation matters;
(ii) ensuring the security of air navigation service facilities, air navigational
aids including access control measures for persons and vehicles;
(iii) personnel security to include background checks and security
awareness training for all air navigation service staff who have
unescorted access to the airside or security restricted areas;
(iv) identification and protection of critical information technology and
communication, navigation and surveillance systems used for civil
aviation purposes from cyber-attacks or interference that may
jeopardize the safety of civil aviation;
(v) contingency planning and response for aviation security-related
emergencies including—
(aa) unlawful seizure of aircraft;
(bb) bomb threats on board an aircraft or air navigation facility;
(cc) sabotage of an air navigation facility;
(dd) threats of or attacks on aircraft using Man-Portable Air Defence
Systems (MANPADS);
(vi) Air Traffic Management (ATM) support for law enforcement;
(vii) Airspace management for Air Traffic Management Security;
(viii) incident reporting and maintenance of records;
(f) any other matter prescribed by the Authority.
(3) An Air Traffic Service Provider Security Programme shall be set out in the manner
prescribed in the National Civil Aviation Security Programme.
(4) The Air Traffic Service Provider Security Programme shall be reviewed and updated
as need arises and at least once a year.
18. Application for approval of security programme
(1) Where a security programme is required to be approved by the Authority under
Regulations 13, 14, 15, 16 and 17 of these Regulations, the applicant shall—
(a) submit the programme to the Authority, ensuring that it meets the
requirements of the National Aviation Security Programme, these Regulations
and any other relevant law; and
(b) pay the fee prescribed by the Authority.
(2) A security programme submitted to the Authority for approval under this regulation
shall be in duplicate and signed by the applicant or on behalf of the applicant.
19. Approval of security programme
(1) Where the Authority is satisfied that a security programme submitted under regulation
18, meets the requirements of these Regulations, the National Civil Aviation Security
Programme and any other relevant law, the Authority shall, within thirty days after receipt of
the programme, approve the security programme.
(2) Where the Authority determines that a security programme submitted under
regulation 18 does not meet the requirements of these Regulations, the National Civil
Aviation Security Programme or relevant law, the Authority shall, within thirty days after
receipt of the programme, direct the applicant to modify and re-submit the security
programme to the Authority within thirty days after receipt of the response from the Authority.
(3) Where the Authority is satisfied that a security programme re-submitted under sub
regulation (2) meets the requirements of these Regulations, the National Civil Aviation

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Security Programme and any other relevant law, the Authority shall, within fifteen days, after
receipt of the programme, approve the security programme.
20. Changed conditions affecting security
(1) Where a security programme has been approved under regulation 19, the
operator, where applicable, shall comply with the procedure prescribed by subregulation (2),
whenever the operator determines that—
(a) any description of the area set out in the security programme is no longer
accurate;
(b) any description of the operations set out in the security programme is no
longer accurate, or that the procedures included, and the facilities and
equipment described in the security programme are no longer adequate.
(2) Whenever a situation described in subregulation (1) occurs, the operator, where
applicable shall—
(a) immediately notify the Authority of the changed conditions, and identify each
interim measure being taken to maintain adequate security until approval is
granted for an appropriate amendment of the security programme; and
(b) within thirty days after notifying the Authority in accordance with paragraph
(a), submit for approval, in accordance with the procedure prescribed by
regulation 18, an amendment to the security programme to bring it into
compliance with these Regulations.
(3) The Authority shall, where an amendment to a security programme is submitted to
it under subregulation (2) (b), approve the amendment in accordance with the procedure
prescribed by regulation .
21. Power of Authority to direct amendment of security programme
(1) Where the Authority determines that an operator’s security programme requires
amendment, the Authority may direct the respective operator to amend the security
programme and submit it to the Authority for approval.
(2) The Authority shall, where an amended security programme is submitted to it
under subregulation (1), approve the security programme in accordance with the procedure
prescribed by regulation 19.
22. National Civil Aviation Security Training Programme
(1) The Authority shall develop a National Civil Aviation Security Training Programme
for personnel of all entities involved with or responsible for the implementation of various
aspects of the National Civil Aviation Security Programme including periodic security
awareness training for those authorized to have unescorted access to the airside
(2) The Authority shall co-ordinate the implementation of the National Civil Aviation
Security Training Programme developed under subregulation (1).
(3) The Authority shall notify the entities concerned of the training requirements identified
in the National Aviation Security Training Programme for their implementation.
(4) A person shall not operate an aviation security training center or offer aviation
security courses without complying with the requirements of the National Civil Aviation
Security Training Programme and a certificate or authorization issued by the Authority.
(5) The Authority shall ensure the development and implementation of training
and certification programmes for aviation security screeners, supervisors, instructors and
inspectors in accordance with the National Civil Aviation Security Programme.
23. Operator Aviation Security Training Programme
(1) Every operator shall develop and implement an Aviation Security Training
Programme to ensure the effective implementation of their respective security operations;
and the training programme shall conform with the requirements of the National Civil Aviation
Security Training Programme and these Regulations.

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(2) A training programme referred to in subregulation (1) shall include—


(a) training of appropriate employees, taking into account human factors
principles and human performance;
(b) training to acquaint appropriate employees with preventive measures and
techniques in relation to passengers, baggage, cargo, mail, equipment, stores
and supplies intended for carriage on an aircraft to enable them to contribute
to the prevention of acts of sabotage, unlawful seizure of aircraft or other
forms of unlawful interference and to minimise the consequences of such
events should they occur;
(c) security awareness training at least once every two years for all staff or
personnel authorized to have unescorted access to the airside; and
(d) any other training matter prescribed by the Authority.
(3) A training programme referred to in subregulation (1) shall be submitted to the
Authority for approval in accordance with the procedure prescribed in Regulations 18 and 19.
PART IV— PREVENTIVE SECURITY MEASURES
24. Airport Security Committee
(1) Every airport serving civil aviation shall establish an Airport Security Committee.
(2) The functions of the Airport Security Committee are—
(a) to coordinate the implementation and maintenance of security controls
and procedures as specified in the Airport Operator’s Security programme
referred to in regulation 13;
(b) to oversee the implementation of the decisions or directives of the National
Civil Aviation Security Committee;
(c) to oversee and monitor the Airport Security Programme, including special
measures introduced by the airport administration, operators and airport
tenants;
(d) to draw up, maintain and review from time to time, a list of vulnerable points,
and of essential equipment and facilities;
(e) to ensure that—
(i) basic minimum security measures and procedures are adequate to
meet threats and are under constant review, providing for normal
situations, periods of heightened tension and emergency situations;
(ii) recommendations that improve security measures and procedures are
implemented;
(iii) security measures are incorporated in airport expansion or
modification programmes;
(f) to prescribe and co-ordinate security education, awareness and training of
airport and other staff and the general public.
(3) The Airport Security Committee shall refer to the National Civil Aviation Security
Committee, any matter relating to aviation security and which is within its functions under
subregulation (2), which cannot be resolved at the airport level.
(4) The manager of the airport or the person in charge shall be the chairperson of the
Airport Security Committee.
(5) The Chairperson shall appoint the other members of the Airport Security Committee.
(6) The Airport Security Committee shall, where available, consist of members from all
agencies engaged in the operation of the airport which contribute to the establishment and
implementation of security measures including—
(a) persons in charge of airport administration;
(b) persons in charge of aviation security at the airport;
(c) Kenya Civil Aviation Authority;

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(d) Kenya Defence Forces;


(e) Kenya airports police;
(f) Department of immigration services;
(g) respective county government security committee;
(h) Directorate of Criminal Investigations;
(i) National Intelligence Service;
(j) ports health services;
(k) Postal Corporation of Kenya;
(l) representative of fuel companies
(m) representative of regulated agents;
(n) in-flight caterers;
(o) a representative of the airlines or handling agents;
(p) a representative of the airport tenants;
(r) air navigation services provider;
(t) customs and border control.
(7) The Airport Security Committee may invite any person to attend and take part in
the proceedings of the Committee and that person may participate in any discussion at the
meeting but shall not have a right to vote at that meeting.
(8) The Chairperson shall convene every meeting of the Airport Security Committee
and the Committee shall meet for the discharge of business at least once in every month to
ensure that the airport security programme is up to date and effective and that its provisions
are being effectively implemented.
(9) The provisions of this regulation shall not apply to Aerodromes in Categories D and
E as provided for under regulation 4 of the Civil Aviation (Aerodromes) Regulations, 2013.
25. Airport security controls
(1) An airport operator shall maintain and carry out security measures and procedures
including; identification and resolution of suspicious activity that may pose a threat to civil
aviation at the airport for the purpose of protecting passengers, crew members, aircraft,
airports and aviation facilities and preventing acts of unlawful interference and ensuring that
appropriate action is taken when an act of unlawful interference occurs or is likely to occur.
(2) Every operator of an airport serving civil aviation shall be responsible for the
security of facilities and employment of security equipment, where appropriate, to the
extent operationally, technically and financially practicable, to achieve civil aviation security
objectives and shall—
(a) institute and maintain measures including the use of random and
unpredictable security measures to prevent weapons, explosives or any
other dangerous device which may be used to commit an act of unlawful
interference, the carriage or bearing of which is not authorised, from being
introduced, by any means, on board an aircraft engaged in civil aviation;
(b) ensure that—
(i) access to airside areas at the airport is controlled in order to prevent
unauthorized entry;
(ii) security restricted areas are established at the airport, in accordance
with regulation 26;
(iii) architectural and infrastructure related requirements necessary for
the optimum implementation of security measures under the National
Civil Aviation Security Programme are integrated into the design and
construction of new facilities and alterations to existing facilities at
airports;

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(iv) persons engaged to implement security controls, subject to


background checks and selection procedures, are capable of fulfilling
their duties and are adequately trained
(v) originating passengers and crew, and their baggage are screened
before accessing restricted areas and before boarding an aircraft
engaged in commercial air transport operations. If unauthorized
interference does take place, the passengers or crew concerned and
their cabin baggage shall be re-screened before boarding an aircraft;
(vi) originating hold baggage is screened before being loaded into an
aircraft engaged in commercial air transport operations;
(vii) all hold baggage to be carried on aircraft engaged in commercial air
transport is protected from unauthorised interference from the point it
is screened or accepted into the care of the carrier, whichever is earlier,
until departure of the aircraft on which it is to be carried; and that where
the integrity of hold baggage is jeopardized, the hold baggage is re-
screened before being placed on board an aircraft;
(viii) baggage which has been identified as unaccompanied is subjected
to additional screening subsequent to it being established as
unidentified;
(ix) transfer hold baggage is screened before being loaded into an aircraft
engaged in commercial air transport operations, unless the Authority
has established a validation process and continuously implements
procedures, in collaboration with the other Contracting States where
appropriate, to ensure that such hold baggage has been screened
at the point of origin and subsequently protected from unauthorised
interference from the originating airport to the departing aircraft at the
transfer airport;
(x) transfer and transit passengers and their cabin baggage are screened
prior to boarding an aircraft, unless the Authority has established
a validation process and continuously implements procedures, in
collaboration with the other Contracting State where appropriate, to
ensure that such passengers and their cabin baggage have been
screened to an appropriate level at the point of origin and subsequently
protected from unauthorized interference from the point of screening
at the originating airport to the departing aircraft at the transfer airport;
(xi) there is no possibility of mixing or contact between passengers
subjected to security control and other persons not subjected to such
control after the security screening points at airports serving civil
aviation have been passed; and that where mixing or contact does
take place, the passengers concerned and their cabin baggage are re-
screened before boarding an aircraft;
(xii) the persons carrying out security controls are certified according to the
requirements of the National Civil Aviation Security Programme;
(xiii) luggage or personal belongings that are unidentified or left unattended
at an airport are subjected to appropriate security controls and
disposal procedures in accordance with a security risk assessment
carried out by the relevant national authorities;
(xiv) all persons other than passengers, together with their items being
granted access to security restricted areas shall be subject to
screening and other security controls in accordance with a risk
assessment carried out by relevant national authorities;
(xv) all vehicles being granted access to security restricted areas, together
with items contained within them, are screened and subjected to other

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appropriate security controls in accordance with a risk assessment


carried out by the relevant national authorities;
(xvi) measures are established to ensure that merchandise and supplies
introduced into security restricted areas are subjected to appropriate
security controls, including screening where applicable;
(xvii) security measures in landside areas are established to mitigate the risk
of and prevent possible acts of unlawful interference in accordance
with national and local risk assessments carried out by the relevant
national authorities; and
(xviii) where practicable, in order to improve efficiency, modern screening or
examination techniques are used to facilitate the physical examination
of goods to be imported or exported;
(c) establish—
(i) storage areas where mishandled baggage may be held after screening
until forwarded, claimed or disposed of;
(ii) bomb disposal areas where detected explosives may be disposed of;
(iii) person and vehicle identification systems;
(d) institute and implement adequate security controls, including background
checks every three years on a recurrent basis on persons other than
passengers granted unescorted access to security restricted areas of the
airport;
(e) provide adequate supervision over the movement of persons and vehicles to
and from the aircraft in order to prevent unauthorised access to aircraft;
(f) make arrangements to investigate, render safe or dispose of, if necessary,
suspected sabotage devices or other potential hazards at the airport;
(g) employ and deploy suitably trained personnel to assist in dealing with
suspected or actual cases of unlawful interference with civil aviation;
(h) conduct a full scale contingency exercise that incorporates security scenarios
at least once in every three years;
(i) conduct a table top contingency exercise at least once a year.
26. Security restricted areas and airport security permits
(1) The Authority, in conjunction with the airport operator and other responsible persons
concerned, shall identify areas where, based on a security risk assessment carried out by the
relevant national authorities, operations vital to the continued safe operation of civil aviation
in Kenya are carried out, and designate those areas as security restricted areas.
(2) An area designated as a security restricted area shall—
(a) be marked and protected through physical or personnel protective measures
or through a combination of these measures to prevent unauthorised access
to it;
(b) be separated from public or non-security restricted areas by an appropriate
physical barrier; and
(c) be inspected at regular intervals.
(3) Authorised access to a security restricted area at every airport and designated off-
airport facilities serving commercial air transport operations shall be controlled through the
issuance of airport security permits.
(4) A person issued with an airport security permit under this regulation shall, while on
duty, at all times properly display the security permit on the outermost garment above the
waist.
(5) Designated authorities responsible for controlling access to security restricted areas
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ensure that the area has adequate physical protection, of at least the same quality as the
barrier itself, or is enough to prevent unauthorised access.
(6) All areas at an airport to which access is restricted shall bear signage indicating the
type of restriction and penalty for non-compliance.
(7) An airport operator shall keep, at the airport, a current scale map of the airport
identifying security restricted areas, and security barriers and security restricted area access
points.
27. Airport boundary
(1) An airport operator shall ensure that—
(a) the airport has a conspicuous physical barrier or means of indicating the
airport boundary with posted signs bearing a warning to prevent incursions
and trespassing;
(b) measures are in place to ensure continuous protection and monitoring of the
integrity of the perimeter to prevent incursions and trespassing:
Provided that the provisions of this regulation shall not apply to Aerodromes
in Categories D and E as provided for under regulation 4 of the Civil Aviation
(Aerodromes) Regulations, 2013.
28. Carriage of firearms, explosives or inflammable materials in airport
premises
(1) Except for law enforcement officers on duty, no person shall carry or possess, in
airport premises, firearms, ammunitions, explosives or inflammable materials or weapons,
unless authorised in writing as appropriate.
(2) An airport operator shall ensure that no unauthorised person carries firearms,
ammunitions, explosives or inflammable materials within the airport premises.
29. Control of access by tenants
(1) The airport operator shall ensure that tenants whose premises or facilities form part
of the landside or airside boundary through which access can be gained to the airside are
responsible for control of access through their premises, and shall carry on business in
compliance with the Airport Operator Security Programme.
(2) For the purposes of this regulation, “tenants” means—
(a) individuals or businesses granted a licence or other permit by the
airport operator to conduct business operations at the airport, including
concessionaires, cargo handlers, caterers, tour operators, taxi and bus
operators, porters, aircraft maintenance organisations and fuel companies; or
(b) Government authorities and agencies at the airport, including customs,
immigration, health, agriculture and meteorology.
30. Obligation of airport operator in case of threat against facility or airport
(1) An airport operator shall ensure that—
(a) notify the Authority and other entities concerned with the nature of the threat;
and
(b) determine whether the threat affects the security of the airport and coordinate
the implementation of appropriate measures to counter any threat.
31. Persons authorised to screen to inform airport operator of threat against
airport or aircraft
Where a person authorised to conduct any screening activity at an airport is made aware
of a threat against the airport or an aircraft, that person shall—
(a) immediately notify the airport or aircraft operator of the nature of the threat;
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(b) assist the airport or aircraft operator in determining whether the threat affects
the security of the airport or aircraft.
32. Airport operator to take measures in event of threat
(1) Where an airport operator determines that there is a threat that affects the security
of the airport, the airport operator shall immediately take all measures necessary to ensure
the safety of the airport and persons at the airport, including informing the relevant parties
of the nature of the threat.
(2) Upon assessment and determination of a credible bomb threat, an airport operator
shall immediately inform the Authority of the receipt of the bomb threat against an airport
and its facilities, or an aircraft.
33. Discovery of weapons, incendiary devices or explosives at airport or
security restricted area
(1) An airport operator shall immediately notify the Police and the Authority when there
is—
(a) discovery, at the airport or other security restricted area, of a weapon other
than a firearm allowed under regulation 28;
(b) discovery, at an airport or other security restricted area, of ammunition other
than ammunition allowed under regulation 28;
(c) discovery, at the airport or other security restricted area, of an explosive
substance or an incendiary device, other than an explosive substance or
incendiary device allowed under regulation 28; or
(d) an explosion at the airport, unless the explosion is known to be the result of
an excavation, a demolition, construction or the use of fireworks displays.
34. Airport operator to involve security stakeholders and submit plans before
renovation and expansion works
(1) Despite regulation 25(2)(b)(iii), an airport operator shall, before the implementation
of any renovation, remodeling or expansion works at the airport, or the construction of new
or additional airport facilities, involve security stakeholders and submit to the Authority for
its approval, the plans for the renovation and expansion works.
(2) The Authority shall, in approving the plans submitted to it under subregulation (1),
assess the plans to ensure that security considerations are properly addressed and that the
needs of aviation security are integrated in the configuration of the works.
35. Operators to conduct security awareness training
Every operator shall ensure that personnel involved with or responsible for the
implementation of security controls under the national civil aviation security programme
and those authorized to have unescorted access to the airside receive periodic security
awareness training once in every two years.
36 Operators to conduct internal quality control
Every operator shall conduct internal quality control to include verification of the
implementation of security measures outsourced to external service providers to ensure
compliance with the operator’s security programme.
37. Operators to implement unpredictability
Every operator shall ensure the implementation of randomness and unpredictability in
the provision of security measures.
38. Operators to keep records
(1) Every operator shall keep a record of every security incident occurring in the course
of their operations.
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(a) be kept for a minimum of ninety days;


(b) be submitted to the Authority within thirty days after the occurrence of the
incident; and
(c) where relevant, include—
(i) the number and type of weapons and incendiary devices discovered
during any passenger screening process and the method of detection
of each;
(ii) the number of acts and attempted acts of unlawful interference;
(iii) the number of bomb threats received, real and simulated bombs found
and actual bombings or explosions at the airport; and
(iv) the number of detentions and arrests and the immediate disposition of
each person detained or arrested.
39. Responsibilities of aircraft operators
(1) An aircraft operator registered in or providing service from Kenya and participating
in code-sharing or other collaborative arrangements with other operators shall notify the
Authority of the nature of these arrangements, including the identity of the other operators.
(2) An aircraft operator registered in or providing service from Kenya shall not—
(a) transport the baggage of a passenger who is not on board the aircraft
unless that baggage is subjected to appropriate security controls, including
screening, after determining that the person is not on board;
(b) transport items of hold baggage which have not been individually identified as
accompanied or unaccompanied, or screened to the appropriate standard;
(c) accept consignments of cargo, courier and express parcels or mail, in-flight
catering and stores, company mail and materials for carriage on aircraft
engaged in commercial air transport operations, unless the security of the
consignments is accounted for by a regulated agent, or the consignments are
subjected to security controls to meet the appropriate security requirements.
(3) An aircraft operator providing service in or from Kenya shall—
(a) carry out and maintain, at an airport, on an aircraft and at any aviation facility
under the control of the operator, security measures including identification
and resolution of suspicious activity that may pose a threat to civil aviation,
and any other measures prescribed in the National Civil Aviation Security
Programme and the Airport Security Programme;
(b) ensure that —
(i) all its appropriate personnel are familiar with, and comply with the
requirements of the National Civil Aviation Security Programme;
(ii) necessary precautions are taken at the point of embarkation to ensure
that passengers are in possession of valid documents prescribed by
the state of transit and destination for control purposes.
(iii) all its aircraft carry a checklist of the procedures to be complied with
for that type of aircraft in searching for concealed weapons, explosives
or other dangerous devices;
(iv) persons conducting screening functions are certified by the Authority.
(c) be responsible for the security of his or her aircraft;
(d) ensure that persons engaged to implement security controls are subject to
background checks and selection procedures, are capable of fulfilling their
duties and are adequately trained;
(e) institute and implement adequate security controls, including background
checks every three years on a recurrent basis on persons other than
passengers granted unescorted access to security restricted areas of the
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(f) institute measures to identify and remove any prohibited or unaccounted for
items—
(i) before departure of an aircraft engaged in commercial flights;
(ii) after passengers have disembarked from an aircraft engaged in
commercial flights;
(iii) left behind by passengers disembarking from transit flights.
40. Special protection for aircraft
(1) An aircraft operator may, notwithstanding regulation 39(2)(c), request for special
protection of an aircraft from an airport operator
(2) Where special protection is offered to an aircraft operator under subregulation (1),
the protection shall be on terms and conditions determined by the airport operator
41. Control of prohibited items
(1) No person shall, subject to regulation 28, possess or have with him or her a prohibited
item while—
(a) in a security restricted area
(b) on board an aircraft; or
(c) in an air navigation installation.
(2) The prohibited items referred to in subregulation (1) include—
(a) firearms or articles appearing to be firearms, whether or not they can be
discharged;
(b) nuclear, chemical or biological agents adapted, or capable of being used
for causing injury to or incapacitating persons or damaging or destroying
property;
(c) ammunition and explosives;
(d) articles manufactured or adapted to have the appearance of explosives,
whether in the form of a missile, bomb, grenade or otherwise;
(e) articles made or adapted for causing injury to or incapacitating persons or
damaging or destroying property; and
(f) any other dangerous article or substance or other item prescribed by the
Authority from time to time
42. Control of access to flight crew compartment
An aircraft operator engaged in commercial air transport shall—
(a) where an aircraft is equipped with a flight crew compartment door, ensure that
the door is lockable from the flight crew compartment only and remains locked
during flight, except to permit access and exit by authorised persons; and
(b) where an aircraft is not equipped with a flight crew compartment door, ensure
the implementation of measures as appropriate to prevent unauthorised
persons from entering the flight crew compartment during flight.
43. Control of special categories of passengers
(1) Law enforcement officers shall inform the aircraft operator and the pilot in command
when passengers are obliged to travel because they have been the subject of judicial or
administrative proceedings, in order that appropriate security controls can be applied.
(2) The aircraft operator shall inform the pilot in command of the number of armed or
unarmed escort persons, the individuals whom they are escorting and their seat locations
in the aircraft.
44. Authorised carriage of weapons on board aircraft

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(1) The carriage of weapons on board aircraft by law enforcement officers and other
authorised persons, acting in the performance of their duties, shall be in accordance with
the laws of Kenya.
(2) Subject to subregulation (3), the Authority may—
(a) approve, in writing, the carriage of weapons on board aircraft by law
enforcement officers and other authorised persons acting in the performance
of their duties;
(b) consider requests by any other State to allow the travel of armed personnel
on board aircraft of the requesting State, except that the Authority shall not
allow the travel of armed personnel under this regulation unless there is an
agreement between both States on such travel.
(3) Notwithstanding subregulation (2), an aircraft operator may allow or refuse the
carriage of weapons on board an aircraft in accordance with conditions issued by the
Authority.
(4) Where an aircraft operator accepts the carriage of weapons removed from
passengers, the aircraft shall have provision for stowing the weapons so that they are
inaccessible to passengers during flight time and, in the case of a firearm, to ensure that
it is not loaded
(5) Where Kenya decides to deploy in-flight security officers—
(a) the officers shall be government personnel who are especially selected and
trained, taking into account the safety and security aspects on board an
aircraft; and
(b) the officers shall be deployed according to the threat assessment of the
Authority.
(6) The deployment under subregulation (5) shall be done in coordination with concerned
states and shall be kept strictly confidential.
45. Conditions for acceptance of goods for air transportation
(1) A regulated agent shall, before accepting goods for transport in an aircraft—
(a) establish and register the name and address of the known consignor;
(b) establish the credentials of the person who delivers the goods as an agent
of the known consignor;
(c) ensure, on the basis of appropriate security controls or security screening,
that such goods do not contain any prohibited items;
(d) ensure the safeguarding of such goods from unauthorised interference after
acceptance;
(e) ensure the goods are received by staff who are properly recruited and trained;
(f) designate a person to implement and supervise the screening process and
applicable security controls;
(g) ensure that the following categories of goods are not carried by air unless
they have been subjected to screening
(i) unaccompanied baggage;
(ii) goods from unknown consignors;
(iii) goods for which the contents do not coincide with the description
delivered;
(iv) high-risk cargo or mail; and
(h) ensure that known cargo and mail that has been confirmed and accounted
for is issued with a security status, either in an electronic format or in writing,
which shall accompany the cargo and mail throughout the secure supply
chain and in the event of unlawful interference, the consignment shall be re-

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screened or subjected to appropriate security control and a fresh security


status issued.
(2) A regulated agent who offers goods to an aircraft operator for transport by aircraft
shall produce and make available to the aircraft operator, and the Authority on demand,
shipping documents, records of goods accepted and offered for air transport, employee
training records and air waybills.
(3) A regulated agent shall make available to the Authority, a report of any incident
where a shipping document did not provide an accurate record of the goods being offered
for air transport.
(4) All cargo and mail intended for carriage on civil aviation flights shall be subjected to
appropriate security controls by aircraft operators and regulated agents before being placed
on board an aircraft.
46. Conditions for acceptance of baggage, goods, COMAT and COMAIL for
transportation
For the purpose of protecting passengers, crewmembers, aircraft and airports and
preventing acts of unlawful interference with civil aviation, every regulated agent shall
establish measures to ensure that—
(a) only screened and secure baggage, cargo or mail is loaded into aircraft
engaged in civil aviation;
(b) persons engaged to implement security controls are subject to background
checks and selection procedures, are capable of fulfilling their duties and are
adequately trained;
(c) persons conducting screening functions are certified by the Authority as
appropriate;
(d) the regulated agent institutes and implements adequate security controls,
including recurrent background checks every three years on persons other
than passengers granted unescorted access to security restricted areas;
(e) all cargo and mail to be carried on a commercial aircraft is protected
from unauthorized interference from the point of screening or other security
controls are applied until tendered to another regulated agent, aircraft
operator or handling agent, and if there are grounds to suspect that the
integrity of the cargo and mail may be jeopardized, the cargo is re-screened
and secured as appropriate;
(f) where screening of cargo and mail is conducted, the screening is carried out
using an appropriate method or methods, taking into account the nature of
the consignment;
(g) enhanced security measures are applied to high-risk cargo and mail to
appropriately mitigate the threats associated with it;
(h) known cargo and mail that has been confirmed and accounted for is issued
with a security status which shall accompany, either in an electronic format
or in writing, the cargo and mail throughout the secure supply chain; and
(i) where handled, transfer cargo and mail has been subjected to appropriate
security controls prior to being loaded on another aircraft engaged in
commercial air transport operations.
47. Security measures to be taken by aircraft operators
(1) The aircraft operator is responsible for ensuring that appropriate security controls
have been carried out, and in so doing, the aircraft operator shall—
(a) not accept cargo or mail for carriage on an aircraft engaged in commercial
air transport operations unless the application of screening or other security
controls is confirmed and accounted for by a regulated agent, or such

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consignments are subjected to screening by an entity approved by the


Authority;
(b) protect the consignment from unlawful interference while it is in the custody of
the aircraft operator, and that if there are grounds to suspect that the integrity
of the consignment may be jeopardised, the said consignment is re-screened
before being placed on board an aircraft;
(c) protect the consignment from unlawful interference while it is in the custody of
the aircraft operator, and that if there are grounds to suspect that the integrity
of the consignment may be jeopardised, the said consignment is re-screened
before being placed on board an aircraft;
(d) COMAT and COMAIL are subjected to appropriate security controls prior to
placement on board an aircraft engaged in commercial air transport operation;
(e) ensure that all consignments placed on board the aircraft are recorded on the
aircraft manifest;
(f) ensure that enhanced security measures apply to high-risk cargo and mail to
appropriately mitigate the threats associated with it; and
(g) ensure that transfer cargo and mail has been subjected to appropriate
security controls and protected from unauthorized access prior to being
loaded onto another aircraft engaged in commercial air transport operations
unless the Authority has established a validation process and continuously
implements procedures, in collaboration with the other Contracting State
where appropriate, to ensure that such consignment has been screened at
the point of origin and subsequently protected from unauthorized interference
from the originating airport to the departing aircraft at the transfer point.
(2) The aircraft operator may delegate any of the functions under subregulation (1) to
a regulated agent.
(3) For the avoidance of doubt, notwithstanding the delegation of any functions to a
regulated agent under subregulation (2), the aircraft operator shall remain responsible for
ensuring that the appropriate security controls have been carried out.
(4) The aircraft operator or the regulated agent shall ensure that all consignments due
to be loaded into an aircraft are—
(a) delivered by an established employee of a handling agent, aircraft operator
or regulated agent;
(b) covered by valid documentation that has been checked for inconsistencies
and fully describes the contents;
(c) covered by a valid consignment security declaration;
(d) checked to establish that there is no evidence of having been tampered with;
(e) kept secure at all times while in their custody; or
(f) screened using an appropriate method or methods, taking into account the
nature of the consignment.
(5) An aircraft operator shall make available to the Authority, a report of any incident
where an airway bill or equivalent document did not provide an accurate record of the goods
being offered for air transport.
(6) An aircraft operator shall require a regulated agent operator to comply with the ICAO
Technical Instructions for the Safe Transportation of Dangerous Goods by Air, Doc. 9284 in
all cases where such agent handles dangerous goods.
(7) Appropriate security controls referred to in this regulation shall be as prescribed by
the Authority.
48. Aviation security responsibilities of catering operator
(1) A catering operator shall, before accepting supplies and equipment for preparation
as catering supplies for transport in an aircraft—

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(a) establish and register the name and address of the supplier of the supplies
and equipment;
(b) establish the credentials of the person who delivers the supplies and
equipment as an agent of the supplier of the supplies and equipment;
(c) ensure, on the basis of appropriate security controls or security screening,
that the supplies and equipment do not contain any prohibited items;
(d) ensure the safeguarding of the supplies and equipment from unauthorised
interference after acceptance;
(e) ensure the supplies and equipment are received by staff who are properly
recruited and trained by the operator;
(f) designate a person to implement and supervise the screening process;
(g) ensure that catering stores and supplies are not carried by air unless
they have been subjected to screening and protected from unauthorized
interference until loaded onto aircraft;
(h) ensure that each shipment of catering stores and supplies is accompanied by
documentation providing the statement of the security status of the shipment;
(i) ensure that persons engaged to implement security controls are subject to
recurrent background checks every two years and selection procedures, are
capable of fulfilling their duties and are adequately trained;
(j) ensure that persons conducting screening are certified by the Authority as
appropriate;
(k) institute and implement adequate security controls, including recurrent
background checks every three years on persons other than passengers
granted unescorted access to security restricted areas of the airport.
(2) A catering operator who offers catering stores and supplies to an aircraft operator
for transport by aircraft shall produce and make available to the aircraft operator, and the
Authority on demand, shipping documents, records of supplies and equipment accepted and
catering stores and supplies offered for air transport, employee training records and other
accountable catering documents
49. Conditions for acceptance of catering stores and supplies for air
transportation
(1) A catering operator or aircraft operator shall offer or accept catering stores and
supplies for transport on an aircraft based on the provisions of subregulation (2) of this
regulation.
(2) A catering operator or aircraft operator shall, before offering or accepting catering
stores and supplies for transport on an aircraft, ensure—
(a) that the catering stores and supplies have been subjected to screening;
(b) the safeguarding of the catering supplies and stores against unlawful
interference from the time of reception until the catering supplies and stores
have been placed in the aircraft;
(c) that the shipments of catering supplies and stores are recorded; and
(d) that whenever the catering supplies and stores are received, those catering
supplies and stores are delivered by an authorised employee of the catering
operator or aircraft operator.
(3) An aircraft operator shall not accept any catering supplies and stores for transport
by aircraft unless the documentation for those catering supplies and stores is examined for
inconsistencies and is accompanied by a valid security declaration.
(4) An aircraft operator shall require a catering operator to comply with the ICAO
Technical Instructions for the Safe Transportation of Dangerous Goods by Air, Doc. 9284
whenever such goods are handled.

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(5) An aircraft operator shall make available to the Authority, a report of any incident
where a catering or equivalent document did not provide an accurate record of the catering
supplies and stores being offered for air transport.
(6) An aircraft operator shall preserve, for not less than one year, a record of acceptance
checklists and inspections carried out under this Part.
50. Aviation security responsibilities of ground handling service providers
(1) A person shall not operate an enterprise or an organization whose purpose is the
provision of ground handling services at an airport within Kenya without written Ground
Handling Service Provider Security Procedures approved by the Authority.
(2) Ground handling service providers shall develop written security procedures in
accordance with the requirements of the National Civil Aviation Security Programme, the
security programme of the airport of operation and the security programmes of the airlines
they handle as appropriate.
(3) A ground handling service provider’s security procedures shall include, at a minimum

(a) the objectives of the procedures and responsibility for ensuring their
implementation;
(b) the organization of the ground handling service provider’s security functions
and responsibilities, including the designation of the person in charge of
security;
(c) all measures and procedures to ensure implementation of the relevant
aspects of the national civil aviation security programme, the security
programme of the airport of operation and customer airline’s security
programme;
(d) provisions to respond to orders, circulars and directives issued by the
Authority under regulation 7 of these regulations;
(e) recruitment and selection procedures including background checks for staff
involved in the implementation of security controls;
(f) designate a person to implement and supervise the screening process;
(g) measures to ensure that where screening is to be conducted by the ground
handling agent, such service is carried out by screeners who have been
appropriately certified by the Authority;
(h) such other matter as the Authority may prescribe.
(4) A ground handling service provider shall ensure that—
(a) the requirements for handling of passengers, baggage, cargo, mail or aircraft
security as stipulated in the customer airline’s security programme, airport
security programme or the National Civil Aviation Security Programme, are
implemented as appropriate;
(b) only screened passengers, baggage, cargo or mail, catering supplies or
stores, COMAT and COMAIL is loaded onto aircraft engaged in civil aviation
as appropriate;
(c) baggage, cargo, mail and catering supplies or stores to be carried on aircraft
is protected from unauthorized interference from the point it is screened or
accepted into the care of the ground handler or customer air carrier, whichever
is earlier, until departure of the aircraft on which it is to be carried, and that
if there are grounds to suspect that the integrity of the baggage, cargo, mail,
catering supplies or stores has been jeopardized, the baggage, cargo, mail,
catering supplies or stores are re-screened before being placed on board an
aircraft;
(d) all consignments placed on board the aircraft are recorded on the aircraft
manifest;

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(e) consignments are covered by valid documentation that has been checked for
inconsistencies and fully describes the contents
(f) all catering supplies and stores, cargo and mail consignments are covered by
a valid consignment security declaration in electronic or paper format before
acceptance;
(g) all incidents occurring during the handling of aircraft, baggage, catering
supplies and stores, cargo or mail are reported and dealt with as appropriate.
(5) The ground handling service provider's security procedures shall be subordinate to
the security programme of the customer aircraft operator and of the airport of operation, and
where there’s conflict between the procedures of the ground handling service provider and
that of the aircraft operator or airport, the provisions of the latter shall prevail.
(6) The ground handling agent’s security procedures shall be set out in the manner
prescribed in the National Civil Aviation Security Programme.
(7) Security procedures for ground handling agents shall be submitted to the Authority
for approval in accordance with the procedures prescribed in regulations 18 and 19 of these
Regulations.
(8) A Ground Handling Service Provider Security Procedures shall be reviewed and
updated as often as need arises or at least once every year.
51. Responsibilities of aviation security service providers
(1) A person shall not operate an enterprise or an organization whose purpose is the
provision of aviation security service at an airport within Kenya without written Aviation
Security Service Provider Procedures approved by the Authority and a certificate issued by
the Authority.
(2) Aviation Security Service Providers shall develop written security procedures that
implement the relevant provisions of the National Civil Aviation Security Programme, or
client’s security programme.
(3) Security procedures for aviation security service providers shall include, at a
minimum—
(a) the objectives of the procedures and responsibility for ensuring their
implementation;
(b) the organization of the aviation security service provider’s security functions
and responsibilities, including the designation of the person in charge of
security
(c) all measures and procedures to ensure implementation of the relevant
aspects of the client operator’s security programme as contracted out in order
to safeguard civil aviation against acts of unlawful interference;
(d) provisions to respond to orders, circulars and directives issued by the
Authority under regulation 7 or the airport of operation, all other applicable
laws and security service industry best practices;
(e) provisions to comply with the relevant aspects of the Airport Security
Programmes of the airports from which the aviation security service provider
operates;
(f) recruitment and selection procedures including recurrent background checks
for staff involved in the implementation of security controls;
(g) measures to ensure that personnel who are engaged to provide security
controls are appropriately trained to offer services that meet the requirements
of the client operator and the Authority;
(h) measures to ensure that where screening is to be conducted by the aviation
security service provider, such service is carried out by screeners who have
been appropriately certified by the Authority;
(i) such other matter as the client or the Authority may prescribe.

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(4) The security procedures for the aviation security service provider shall be
subordinate to the security programme of the client operator and of the airport of operation,
and where there’s conflict between the provisions of the security procedures of the aviation
security service provider and that of the client operator or of the airport of operation, the
provisions of the latter shall prevail.
(5) Security procedures for aviation security service providers shall be set out in a
manner that meets the client’s requirements with the objective of safeguarding civil aviation
against acts of unlawful interference.
(6) Security procedures for aviation security service providers shall be submitted to the
client for review in line with the service level agreement before approval by the Authority.
(7) Security procedures for aviation security service providers shall be reviewed and
updated as often as need arises or as directed by the client or the Authority and at least
once every year
PART V— MANAGEMENT OF RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE
52. Prevention of acts of unlawful interference
(1) Adequate measures shall be taken, when reliable information exists that an aircraft
may be subjected to an act of unlawful interference—
(a) if the aircraft is on the ground, the Police shall safeguard the aircraft and
ensure that it is searched by the aircraft operator for concealed weapons,
explosives or other dangerous devices, articles or substances; and prior
notification of the search is provided to the operator concerned;
(b) if the aircraft is in flight, the Authority shall provide as much prior notification
as possible of the arrival of that aircraft to relevant airport authorities and air
traffic services of the States and aircraft and airport operators concerned;
(2) The airport operator shall ensure that arrangements are made to investigate, render
safe or dispose of, if necessary, suspected dangerous devices or other potential hazards
at airports.
(3) The airport operator shall ensure that authorized and suitably trained personnel are
readily available for deployment at every airport serving civil aviation to assist in dealing with
suspected or actual cases of unlawful interference.
53. Authority’s response to acts of unlawful interference
The Authority shall—
(a) take adequate measures for the safety of passengers and crew of an aircraft
which is subjected to an act of unlawful interference while on the ground until
their journey can be continued;
(b) collect all pertinent information on the flight which is the subject of an act
of unlawful interference and transmit that information to all other States
responsible or the Air Traffic Services units concerned, including those at
the airport of known or presumed destination, so that timely and appropriate
safeguarding action may be taken en-route and at the aircraft’s known, likely
or possible destination;
(c) provide such assistance to an aircraft subjected to an act of unlawful seizure,
including the provision of navigation aids, air traffic services and permission
to land as may be necessitated by the circumstances;
(d) to the extent practicable, detain on the ground an aircraft subjected to unlawful
seizure unless its departure is necessitated by the overriding duty to protect
human lives;
(e) notify the State of registry of an aircraft and the State of the operator of the
landing aircraft subjected to an act of unlawful interference, and shall similarly
transmit, by the most expeditious means, all other relevant information to—
(i) the state of registry and the state of the operator;

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(ii) each State whose citizens suffered fatalities or injuries;


(iii) each State whose citizens were detained as hostages;
(iv) each state whose citizens are known to be on board the aircraft; and
(v) the International Civil Aviation Organisation.
54. Mandatory reporting
(1) Every operator shall, where an act of unlawful interference occurs, immediately notify
the Authority.
(2) Every aircraft operator, pilot in command, airport operator or air navigation service
provider shall submit to the Authority—
(a) (a) a preliminary written report, within fifteen days after the occurrence of an
act of unlawful interference, including sabotage, threats, hijacks, incidents
and disruptive passengers; and
(b) a final written report, upon completion of investigations, but within thirty days
after the occurrence of an act of unlawful interference, including sabotage,
threats, hijacks, incidents and disruptive passengers
55. Notification to the International Civil Aviation Organisation
(1) The Authority shall, where an act of unlawful interference has occurred, provide the
International Civil Aviation Organisation with a report on each incident, whether successful
or unsuccessful as follows—
(a) a preliminary report, within thirty days after the occurrence of the act,
containing all pertinent information concerning the security aspects of the
occurrence; and
(b) a final report, within sixty days after completion of investigations.
(2) The Authority shall provide copies of reports submitted to the International Civil
Aviation Organisation under this regulation to other States, which may have an interest.
PART VI-OFFENCES AND PENALTIES
56. Offences committed at airports
(1) Any person who engages in any of the following acts at an airport or its related
facilities, commits an offence—
(a) assault, intimidation or threat, whether physical or verbal, against an aviation
security officer or authorised person if the act interferes with the performance
of the duties of the aviation security officer or authorised person or lessens
the ability of the aviation security officer or authorised person to perform those
duties;
(b) refusal to follow a lawful instruction given by the airport operator or on behalf
of the Authority by an aviation security officer or authorised person for the
purpose of ensuring the safety at the airport or of any person or property at
the airport or for the purpose of maintaining good order and discipline at the
airport;
(c) an act of physical violence against an aviation security officer, inspector or
authorised person on duty;
(d) intentionally causing damage to, or destruction of, property.
(2) A person who commits an offence under subregulation (1) is liable, on conviction,
to a fine not exceeding one million shillings or to imprisonment not exceeding one year, or
to both.
(3) An airport operator who fails to notify the Authority or other party concerned of a threat
under regulation 30 commits an offence and is liable, on conviction, to a fine not exceeding
one million shillings or to imprisonment for a term not exceeding one year, or to both.
57. Offences committed against crew on board aircraft

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(1) Any person who engages in any of the following acts on board a civil aircraft commits
an offence—
(a) assault, intimidation or threat, whether physical or verbal, against a crew
member if the act interferes with the performance of the duties of the crew
member or lessens the ability of the crew member to perform his or her duties;
(b) refusal to follow a lawful instruction given by the aircraft commander or on
behalf of the aircraft commander by a crew member, for the purpose of
ensuring the safety of the aircraft or of any person or property on board or for
the purpose of maintaining good order and discipline on board.
(2) A person who commits an offence under this regulation is liable, on conviction, to a
fine not exceeding one million shillings or to imprisonment not exceeding one year, or to both.
58. Offences jeopardising good order and discipline on board aircraft
(1) Any person who engages in an act of physical violence against a person or of sexual
assault or child molestation on board a civil aircraft commits an offence.
(2) Any person who engages in any of the following acts that is likely to endanger the
safety of the aircraft or of any person on board or if such an act jeopardises the good order
and discipline on board the aircraft, on board a civil aircraft, commits an offence—
(a) assault, intimidation or threat, whether physical or verbal, against another
person
(b) intentionally causing damage to, or destruction of, property;
(c) consuming alcoholic beverages or drugs resulting in intoxication
(3) A person who commits an offence under this regulation is liable, on conviction, to a
fine not exceeding one million shillings or to imprisonment not exceeding one year, or to both.
59. Other offences committed on board aircraft
(1) A person who engages in any of the following acts, on board a civil aircraft, commits
an offence—
(a) smoking in a lavatory, or elsewhere in an aircraft;
(b) tampering with a smoke detector or any other safety- related device on board
the aircraft; or
(c) operating a portable electronic device when such act is prohibited.
(2) A person who commits an offence under this regulation is liable, on conviction, to
a fine not exceeding five hundred thousand shillings or to imprisonment not exceeding six
months, or to both.
60. Possession of prohibited items
A person who is in unlawful possession of a prohibited item at an airport, in a security
restricted area, on board an aircraft or at an airport navigation installation or has with him or
her a prohibited item contrary to regulation 41 commits an offence and is liable, on conviction,
to a fine not exceeding one million shillings or to imprisonment for a term not exceeding
one year or to both.
61. Entering security restricted areas
A person who, without lawful authority, enters a security restricted area commits an
offence and is liable, on conviction, to a fine not exceeding one million shillings or to
imprisonment not exceeding one year, or to both.
62. Offences relating to airport security permits
(1) A person who—
(a) for the purpose of, or in connection with, an application for the issue of an
airport security permit; or

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(b) in connection with continuing to hold an existing airport security permit, makes
a statement which he or she knows to be false, commits an offence
(2) A person who uses an airport security permit to gain access to an aircraft, an area
of an airport or an air navigation installation when he or she is not entitled to such access
commits an offence.
(3) A person who uses a false or unauthorised airport security permit for the purpose
of gaining access to a security restricted area or to an air navigation installation commits
an offence.
(4) A person commits an offence when he or she—
(a) fails to comply with any conditions applying to an airport security permit;
(b) fails to display an airport security permit while within a security restricted area
or upon being required to do so by an Aviation Security Officer or Authorized
Person;
(c) being a holder of a visitor’s permit, accesses or operates from a security
restricted area without escort by an authorized person or holder of a
permanent airport security permit;
(d) being an escort to a holder of a visitor’s permit, aids the visitor to gain access
to an aircraft, a security restricted area or an air navigation facility when he
or she is not authorized to gain such access;
(e) uses an airport security permit for purposes other than official duty or
authorized functions;
(f) fails to return an airport security permit promptly following its expiry or upon
his or her becoming no longer authorised to possess it; or
(g) continues using an airport security permit after it has expired, or uses a valid
permit after he or she is no longer authorised to possess it.
(5) A holder of a security permit who transfers, lends, gives or sells his or her permit to
another person with the intention of enabling that other person to gain access to an aircraft,
a security restricted or an air navigation installation when he or she is not authorised to gain
such access, commits an offence.
(6) A person who, being a person authorised by the airport operator to issue security
permits, issues a security permit to a person who is not authorised to be issued with such
a permit, with the intention of enabling that other person to gain access to an aircraft, a
security restricted area or an air navigation installation commits an offence.
(7) A person who commits an offence under this regulation is liable, on conviction,
to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not
exceeding six months, or to both.
63. Failure to establish and maintain security programmes or procedures
A person who operates without a security programme or procedures referred to in
Regulations 13, 14, 15, 16, 17, 23, 50 and 51 or who fails to implement a security programme
or procedures, or a training programme commits an offence and is liable, on conviction, to
a fine not exceeding one million shillings or to a term of imprisonment not exceeding one
year, or to both.
64. Operating without valid certificate or authorization
(1) A person commits an offence who operates without a valid authorization or certificate
from the Authority referred to in Regulations 15(1), 16(1) and 22(4), and shall be liable, upon
conviction, to a fine not exceeding one million shillings or to imprisonment for a term not
exceeding one year, or to both.
(2) An aviation security screener, supervisor, instructor or inspector who operates
without a valid authorization or certificate from the Authority commits an offence and shall
be liable, upon conviction, to a fine not exceeding one hundred thousand shillings or to
imprisonment for a term not exceeding three months, or to both.

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65. Utilizing services of unauthorized persons or entities


(1) An operator or organization who utilizes the services of an aviation security screener,
supervisor, instructor or inspector without a valid certificate or authorization from the
Authority, commits an offence, and shall be liable, upon conviction, to a fine not exceeding
five hundred thousand shillings or to imprisonment for a term not exceeding six months, or
to both.
(2) An aircraft operator who utilizes the services of a regulated agent or catering operator
that does not possess a valid certificate or authorization from the Authority, commits an
offence, and shall be liable, upon conviction, to a fine not exceeding five hundred thousand
shillings or to a term of imprisonment not exceeding six months, or to both;
(3) An operator or organization who utilizes the services of an aviation security officer
without conducting necessary background checks or requiring a valid police clearance
certificate, commits an offence, and shall be liable, upon conviction, to a fine not exceeding
five hundred thousand shillings or to a term of imprisonment not exceeding six months, or
to both.
66. Failure to submit plans before renovation or expansion works
An airport operator who fails to involve security stakeholders and submit plans before
renovation or expansion works as provided under regulation 34, commits an offence
and shall be liable, upon conviction, to a fine not exceeding one million shillings or to
imprisonment for a term not exceeding one year, or to both.
67. Obstructing authorised persons
(1) A person commits an offence when he or she—
(a) intentionally obstructs a person acting under a power conferred by these
Regulations;
(b) falsely pretends to be a person acting under a power conferred by these
Regulations; or
(c) refuses to obey any order or a reasonable request of a police officer, an
aviation security officer or authorized person, acting in the execution of his
or her duty.
(2) A person who commits an offence under subregulation (1) is liable, on conviction,
to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not
exceeding six months, or to both.
68. False declarations and falsified documents
(1) A person commits an offence who, in connection with handling or conveyance of any
goods to a security restricted area or for transportation by air—
(a) makes a statement or declaration which he knows to be false;
(b) uses falsified documents;
(c) provides wrong or misleading information as to the nature of the goods.
(2) A person who commits an offence prescribed under subregulation (1) shall be liable,
upon conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding six months, or both.
69 Offences by body corporate
Where an offence under these Regulations is committed by a body corporate and is
proved to have been committed with the consent or connivance of, or is attributable to any
neglect on the part of—
(a) any director, manager, secretary or similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity, that person, as
well as the body corporate, commits the offence and is liable to be proceeded
against and punished accordingly.

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70. General penalty


(1) Any person who contravenes any provision of any regulation, notice, circular or order
made under it, commits an offence under these Regulations.
(2) Any person who commits an act of unlawful interference or other offence under these
Regulations where no specific penalty is provided, shall upon conviction, be liable to a fine
not exceeding one million shillings or to imprisonment for a term not exceeding one year,
or to both.
71. Jurisdiction
(1) Kenya shall have jurisdiction over any act constituting an offence under regulations
57, 58 and 59 if the act took place against or on board—
(a) any aircraft registered in Kenya;
(b) any aircraft leased with or without crew to a lessee whose principal place
of business is in Kenya or, if the lessee does not have a principal place of
business, whose permanent residence is in Kenya;
(c) any aircraft on or over the territory of Kenya; or
(d) any other aircraft in flight outside Kenya, if the next landing of the aircraft is
in Kenya, and the pilot in command has—
(i) delivered the suspected offender to the competent authorities in
accordance with regulation 74 (3);
(ii) requested Kenya to prosecute the suspected offender; and
(iii) affirmed that no similar request has been or will be made by the pilot
in command or the aircraft operator to any other contracting State
(2) For the purposes of this regulation, an aircraft is deemed to be “in flight” at any
time from the moment when all its external doors are closed following embarkation until
the moment when any such door is opened for disembarkation, and in the case of forced
landing, the flight shall be deemed to continue until the competent authorities take over the
responsibility for the aircraft and for persons and property on board.
PART VII— ENFORCEMENT OF REGULATIONS
72. Unidentified baggage
Where a police officer or an aviation security officer has reasonable cause to suspect
that an item of baggage or any other object may constitute a security risk, whether because
it is unidentified, unattended or for any other reason, that officer may, after subjecting the
baggage to security controls, including investigation and evaluation to ascertain explosives
or other prohibited items, remove the item of baggage or object and destroy it or dispose
it as appropriate.
73. Power to stop passengers travelling
Where a police officer or an aviation security officer has reasonable cause to suspect
that a person—
(a) is about to embark on an aircraft in Kenya; or
(b) is on board an aircraft in Kenya, and that that person intends to commit an
offence that amounts to an act of unlawful interference, the police officer may,
with the approval of the police officer in charge at the airport or in case of
an aviation security officer, with the approval of the officer in charge of the
airport, prohibit that person from travelling on board the aircraft by—
(i) preventing him or her from embarking on the aircraft;
(ii) removing him or her from the aircraft; or
(iii) in case of aviation security officer, arresting him or her without warrant
and immediately handing him or her to police for appropriate action.
74. Powers and responsibilities of pilot in command

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(1) The pilot in command shall, while the aircraft is in flight, have the power and
responsibility to—
(a) protect the safety of persons and property on board;
(b) restrain persons on board who may be a threat to safety;
(c) disembark persons who may be a threat to safety;
(d) search persons and baggage on an aircraft and take possession of items
which could be used in connection with any act of unlawful interference;
(e) notify authorities of Kenya as soon as practicable and, before landing in the
territory of Kenya;
(f) provide the authorities of Kenya with evidence and information regarding the
incident that necessitated the restraint or disembarkation of a passenger.
(2) In case of severe threat to safety by a disruptive passenger on board, the pilot in
command shall have the mandate to land at the nearest suitable airport and disembark the
passenger in consultation with the local authorities.
(3) The police or person in charge of the airport shall accept delivery of persons
disembarked in accordance with subregulation (2) for appropriate action.
75. Powers of Aviation Security Officers
An aviation security officer shall have power to—
(a) screen goods, persons and their personal effects, hold baggage, carryon
baggage, vehicles, supplies and stores;
(b) prevent unauthorised persons or vehicles from accessing a security restricted
area or air navigation facility;
(c) prevent unauthorised persons from accessing aircraft;
(d) deny transportation by air to those persons or goods deemed to be a threat
to the safety of any flight; and
(e) arrest any person who commits or attempts to commit an act of unlawful
interference or offence under these Regulations.
76. Power to exempt
(1) The Authority may exempt any person to whom these Regulations apply from the
application of these Regulations or any provision of these Regulations, except that the
exemption shall not violate the Standards prescribed by the International Civil Aviation
Organisation or other civil aviation regulations issued under the Act.
(2) The Authority may exempt any airport or category of airports to which these
Regulations apply from the application of these Regulations or any provision of these
Regulations, and may impose conditions for such exemptions.
(3) An exemption granted under subregulation (1) or (2) shall be notified in the Gazette
within fourteen days after it is granted.
77. Power to enforce compliance
(1) The Authority or any authorised person may, for purposes of ensuring the
implementation of the National Aviation Security Quality Control Programme, or the
requirements of the National Civil Aviation Security Programme, or any other operator
security programme, or requirements set out under these Regulations, and without prejudice
to the provisions of this part, adopt procedures for aviation security monitoring and
enforcement approved by the National Civil Aviation Security Committee.
(2) The procedures referred to in subregulation (1) shall establish enforcement to ensure
rectification of any matter, including the following—
(a) failure to comply with any order, circular or directive issued under these
Regulations;

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(b) failure to comply with any requirement set out under the National Civil Aviation
Security Programme or the respective operator security programme;
(c) failure to comply with an oversight recommendation made by the Authority;
(d) failure to take into account unique or exceptional circumstances which,
although not expressly provided under the National Civil Aviation Security
Programme, or the respective operator security programme but may expose
an airport, aircraft, air navigation facility or catering facility to risk.
(3) The Authority or any authorised person may, without limiting the generality of this
regulation, issue infringement notices set out in the Act on serious or prolonged breaches
of security or failure to rectify security lapses that may endanger the safety of civil aviation.
(4) An infringement notice may require that the operations of a particular operator be
halted until the breach has been rectified.
78. Infringement Notice
Infringement notices shall be designed by the Authority and issued by authorized
persons for infringement notice offences as provided in the Second Schedule of the Act.
79. Powers of Aviation
Subject to the provisions of section 39 of the Act, the Authority’s aviation security
inspectors shall have power to—
(a) inspect any part of any airport in Kenya;
(b) inspect any land or area outside the airport which is used by aviation service
providers or businesses that operate at the airport or that are in security
restricted areas;
(c) inspect any aircraft registered or operating in Kenya for the purpose of
assessing security procedures;
(d) test the effectiveness of security practices and procedures applied by any
operator or persons implementing aviation security measures;
(e) take into an airport, airside area or any designated security restricted area,
and use, any equipment necessary to carry out their duties, including
for example, radios, cameras, recording devices both audio and video,
authorized weapons or simulated explosive devices;
(f) interview any person for the purpose of assessing the level of security or the
implementation of security procedures;
(g) issue infringement notices for any infringement notice offences under these
regulations;
(h) require rectification of any deficiencies or apply enforcement measures as
appropriate; and
(i) obtain access to relevant security documentation and records.
80. Protection from personal liability
An authorized person, aviation security officer or police officer charged with the
implementation of airport security measures shall not be liable to be sued in a civil court for
an act done or omitted to be done or ordered to be done by them in the discharge of their
duties under these Regulations, whether or not within the limits of their jurisdiction, provided
that they, at the time, and in good faith, believed themselves to have jurisdiction to do or
order the act complained of.
PART VIII— REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
81. Revocation of L. N 74/ 2013
(1) The Civil Aviation (Security) Regulations, 2013 are revoked.
(2) Despite subregulation (1)—

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(a) every person who, immediately before the commencement of these


Regulations, was operating as an airport operator, an aircraft operator,
a regulated agent, a ground handling service provider, air traffic service
provider, catering operator, or an aviation security service provider may, on
the commencement of these Regulations, continue their operations but shall,
within ninety days after the commencement of these Regulations, submit to
the Authority a security programme or procedures for approval in accordance
with regulation 18 or apply for certification as appropriate; and
(b) an authorization or certificate issued by the Authority and an airport security
permit in force at the commencement of these Regulations shall, until its
expiry, have effect as if issued under these Regulations.

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THE CIVIL AVIATION (REGULATORY FEES AND CHARGES


FOR AIR NAVIGATION SERVICES) REGULATIONS, 2016
[L.N. 84/2016.]

1. Citation
These Regulations may be cited as the Civil Aviation (Regulatory Fees and Charges for
Air Navigation Services) Regulations, 2016.
2. Interpretation
In these Regulations, unless the context otherwise requires—
"Flight Information Region" means the area under the jurisdiction of the Area
Control Centre at Nairobi;
"Flight" means—
(a) in the case of an aircraft, from the moment when it first moves for the
Purposes of taking off until the moment when it comes to rest after landing;
(b) in the case of a free balloon, from the moment when it first becomes
detached from the surface until the moment when it next becomes
attached thereto or comes to rest thereon.
(c) a nominee or trustee for any of the persons specified in paragraph (a)
and (b);
"maximum take-off mass", in relation to an aircraft, means the maximum total mass
of the aircraft and its contents at which the aircraft may take off in accordance with the
certificate of aircraft.
3. Charges
(1) There shall be paid to the Authority by the owner of an aircraft making a flight in the
Flight Information Region, and airspace in Kenya outside the Fight Information Region the
charges specified in respect of air navigation services provided by the Authority.
(2) The charges shall be paid in respect of each flight in the Flight Information Region,
and airspace in Kenya outside the Flight Information Region of an aircraft at the rates and
in the manner determined and notified by the Cabinet Secretary.
4. Proof of flight and maximum take off mass
(1) An entry in the aircraft movement log or aircraft movement data at the Air Control
Units shall be prima facie proof that the particular aircraft was within the airspace over Kenya
at the time recorded in the log-book.
(2) The maximum take-off mass as indicated in the certificate of airworthiness shall, be
prima facie proof of the maximum take-off mass of the aircraft .
5 Recovery Charges
Any charges to be paid shall constitute a debt to the Authority and if any amounts due
and demanded for by the Authority remain unpaid beyond the time specified for payment,
the Authority may recover the same using legal means.
6. Detention of aircraft
(1) Notwithstanding that a statement may not yet have been sent to the owner under
regulation 3(2) of these Regulations, the Director-General, or any person authorized by him
or her in writing in that regard, may detain any aircraft whose owner has refused or neglected
to pay the charges payable.
(2) Any aircraft which has been detained under paragraph (I) of this regulation shall be
released upon payment, in full, of the charges owing.

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(3) The Director-General and any person authorized by him or her under paragraph (1)
shall not be liable to any suit or other proceedings on account of any act performed by him
or her under paragraph (1).
7. Exemption from payment of charges
The Cabinet Secretary may, upon a request made in writing to the Director-General,
exempt in writing an owner of an aircraft making flights from the payment of the specified
charges for any of the following purposes—
(a) testing of aircraft;
(b) the search for, or relief or rescue of, persons or aircraft in distress; or
(c) such other purposes as the Cabinet Secretary may approve.

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THE CIVIL AVIATION (REMOTE PILOTED


AIRCRAFT SYSTEMS) REGULATIONS, 2017
[L.N. 259/2017, L.N. 289/2017]

PART I — PRELIMINARY
1. Citation
These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems)
Regulations, 2017.
2. Interpretation
In these Regulations, unless the context otherwise requires—
"accident" means an occurrence associated with the operation of remotely piloted
aircraft system which takes place between the time such aircraft is ready to move with
the purpose of flight until such time as it comes to rest at the end of the flight and the
primary propulsion system is shut down, in which—
(a) a person is fatally or seriously injured as a result of—
(i) being in the aircraft; or
(ii) direct contact with any part of the aircraft, including parts which
have become detached from the aircraft;
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight
characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected
component, except for engine failure or damage, when the damage
is limited to a single engine (including its cowlings or accessories), to
propellers, wing tips, antennas, probes, vanes, tires, wheels, fairings,
panels, landing gear doors, the aircraft skin (such as small dents or
puncture holes), or for minor damages to main rotor blades, tail rotor
blades, landing gear, and those resulting from hail or bird strike (including
holes in the radome); or
(c) the aircraft is missing or is completely inaccessible;
"aerodrome” means any defined area on land or on water, including any building,
installation or equipment therein, used or intended to be used either wholly or in part for
the arrival, departure and surface movement of aircraft, and includes any such area as
the Cabinet Secretary may by notice in the Gazette declare to be an aerodrome;
"Airborne Collision Avoidance System (ACAS)" means an aircraft system
based on Secondary Surveillance Radar (SSR) transponder signals which operates
independently of ground-based equipment to provide advice to the pilot on potential
conflicting aircraft that are equipped with SSR transponders;
"RPAS category" means classification of RPAS in accordance with specifications
in these Regulations;
"air traffic" means all aircraft in flight or operating on the maneuvering area of an
aerodrome;
"Authority" means the Kenya Civil Aviation Authority;
"Automatic Dependent Surveillance— Broadcast (ADS-B)" refers to means by
which aircraft, aerodrome vehicles and other objects can automatically transmit or
receive data such as identification, position and additional data, as appropriate, in a
broadcast mode via a data link;
"Command and Control (C2) link" means the data link between the remote piloted
aircraft and the remote pilot station for the purposes of managing the flight;

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"continuing airworthiness" means the set of processes by which an aircraft,


engine, propeller or part complies with the applicable airworthiness requirements and
remains in a condition for safe operation throughout its operating life;
"controlled airspace" means an airspace of defined dimensions within which air
traffic control service is provided in accordance with the airspace classification;
"detect and avoid" means the capability to see, sense or detect conflicting traffic or
other hazards and take the appropriate action;
“flight plan” specified information provided to air traffic services units, relative to an
intended flight or portion of a flight of an aircraft;
"human performance" means human capabilities and limitations which have an
impact on the safety and efficiency of aeronautical operations;
"incident” means an occurrence, other than an accident, associated with the
operation of an aircraft which affects or could affect the safety of operation;
"maintenance" means the performance of tasks required to ensure the continuing
airworthiness of an aircraft, including any one or combination of overhaul, inspection,
replacement, defect rectification and the embodiment of a modification or repair;
"operational control" means the exercise of authority over the initiation,
continuation, diversion or termination of a flight in the interest of the safety of the aircraft
and the regularity and efficiency of the flight;
"operations manual" means a manual containing procedures, instructions and
guidance for use by operational personnel in the execution of their duties;
"remote pilot station" means the component of the remote piloted aircraft system
containing the equipment used to pilot the remote piloted aircraft;
"Remote Piloted Aircraft (RPA)" means an unmanned aircraft which is piloted from
a remote pilot station;
"Remote Piloted Aircraft System (RPAS)" means a remote piloted aircraft, its
associated remote pilot station(s), the required command and control links and any other
components as specified in the type design;
"RPA observer" means a trained and competent person designated by the operator
who, by visual observation of the remote piloted aircraft, assists the remote pilot in the
safe conduct of the flight;
"RPAS Operator Certificate (ROC)" means a certificate authorizing an operator to
carry out specified RPAS operations;
"Safety" means the state in which risks associated with aviation activities, related
to, or in direct support of the operation of aircraft, are reduced and controlled to an
acceptable level;
"Safety Management System (SMS)" means systematic approach to managing
safety, including the necessary organizational structures, accountabilities, policies and
procedures;
"toy" means a remotely piloted aircraft system that is less than 2 kilograms gross
weight, not powered by any fuel system, not capable of carrying any payload, not fitted
with a camera and is operated at a maximum height of 50 feet above ground level, a
maximum lateral distance of 50 metres from the operator and a maximum speed of 10
knots;
"type certificate" means document issued by a Contracting State to define the
design of an aircraft type and to certify that this design meets the appropriate
airworthiness requirements of that State;

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"unmanned free balloon" means non-power-driven, unmanned, lighter-than-air


aircraft in free flight;
"Visual Line-of-Sight (VLOS) operation" means an operation in which the remote
pilot or RPA observer maintains direct unaided visual contact with the remote piloted
aircraft; and
"Visual Meteorological Conditions (VMC)" means meteorological conditions
expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than
specified minima.
3. Application
(1) These Regulations shall apply to any person who imports, tests, operates, procures,
assembles, manufactures or maintains a remotely piloted aircraft system registered in Kenya
wherever they may be and any other such aircraft operating in Kenya.
(2) Notwithstanding paragraph (1) above, these Regulations shall not apply to—
(a) State aircraft;
(b) unmanned free balloons or airships;
(c) operation of toys:
Provided that no toy shall be operated within an aerodrome and not less than 500 metres
from the aerodrome boundaries, in or around strategic installations, radar sites, high tension
cables and communication masts, prisons, police stations, courts of law and scenes of crime.
PART II — CLASSIFICATION AND REGISTRATION
OF REMOTE PILOTED AIRCRAFT (RPAS)
4. Classification of RPAS equipment
Remote piloted aircraft systems shall be classified and categorized by weight and use
as set out in the Table below:
Cat A: Utilized for Cat B: Utilized for Cat C: Utilized for
recreational and private activities commercial activities.
sports purposes only. excluding recreational
and sports purposes.
Class 1: 1A 1B 1C
0–5kgs (Including any
payload carried by the
RPAS)
Class 2: 2A 2B 2C
5–25kgs (Including
any payload carried
by the RPAS)
Class 3: 3A 3B 3C
25kgs and above
(Including any
payload carried by the
RPAS)
5 Eligibility to ownership of RPAS
(1) A person shall be eligible to own a remote piloted aircraft system if that person is—
(a) a Kenyan citizen or resident in Kenya of minimum age of eighteen years;
(b) a company registered in Kenya; or
(c) the national government or a county government.
(2) Change of ownership of a remote piloted aircraft system shall be notified to the
Authority in writing within seven days following such change.

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(3) A person shall not own, register or operate remote piloted aircraft system with military
specifications.
6. Import and export of RPAS
(1) A person shall not import a remote piloted aircraft system or a component thereof
without a permit issued by the Authority.
(2) Before issuing a permit referred to under paragraph (1) above, the Authority shall
seek and obtain the necessary security clearance by the relevant security agencies and
approval by the Ministry for the time being responsible for matters relating to defence.
(3) A person who intends to export a Kenyan registered remote piloted aircraft system
shall notify the Authority in writing and obtain a deregistration certificate.
(4) Any person who contravenes the provisions of this regulation commits an offence
and shall be liable, upon conviction, to a fine not exceeding two million shillings or to
imprisonment for a term not exceeding six months, or to both.
(5) Notwithstanding the provisions of paragraph (4), the Authority may confiscate any
imported remote piloted aircraft system or a component thereof belonging to a person who
contravenes the provisions of this regulation.
7. Manufacture, assembly and testing
(1) Any person intending to manufacture, assemble or test a remotely piloted aircraft
system or a component thereof shall apply for authorization from the Authority subject to
necessary security clearance by relevant security agencies.
(2) Any person who contravenes the provisions of paragraph (1) commits an offence and
shall be liable, upon conviction to a fine not exceeding two million shillings or to imprisonment
for a term not exceeding six months, or to both.
8. Registration of remote piloted aircraft system
(1) An operator or owner of a remote piloted aircraft system shall register that remote
piloted aircraft system with the Authority.
(2) Before registering the remote piloted aircraft system referred to under paragraph (1)
above, the Authority shall seek and obtain the necessary security clearance by the relevant
security agencies and approval by the Ministry for the time being responsible for matters
relating to defence.
(3) The Authority shall establish and implement a system for registration, identification
of remote piloted aircraft system in Kenya and the display thereof.
(4) Any modification to the specifications of registered remote piloted aircraft system
shall be subject to approval by the Authority.
(5) Any person who contravenes the provisions of paragraphs (1) and (4) above commits
an offence and shall be liable upon conviction to a fine not exceeding two million shillings
or to imprisonment for a term not exceeding six months, or to both.
9. De-registration of remote piloted aircraft system
(1) The Authority may de-register or cancel the registration of a remote piloted aircraft
system—
(a) upon application of the remote piloted aircraft system owner for purposes of
registering the remote piloted aircraft system in another State; or
(b) upon destruction of the remote piloted aircraft system or its permanent
withdrawal from use; or
(c) in the interest of national security.
10. Airworthiness of remote piloted aircraft system
(1) A remote piloted aircraft system owner or operator shall ensure that all its
components are in working order and in accordance with the manufacturers’ user manual.

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(2) The Authority may require a remote piloted aircraft system of a certain Class and
Category with a type certificate to obtain a certificate of airworthiness.
PART Ill — OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM
11. General obligation of a remote piloted aircraft system owner or operator
(1) The remote piloted aircraft system owner or operator shall—
(a) be responsible for the safe conduct of its operations;
(b) comply with all requirements established by the Authority regarding its
operation;
(c) be responsible for contracted services from providers including
communications service providers, as necessary, to carry out its operations;
(d) responsible for operational control of the aircraft; and
(e) ensure that it is registered in accordance with the provisions of these
Regulations.
(2) Unless otherwise specified by the Authority the request for authorization for operation
of the remote piloted aircraft system shall include the following—
(a) name and contact information of the operator;
(b) remote piloted aircraft system characteristics (type of aircraft, maximum
certificated take-off mass, number of engines and wing span);
(c) copy of certificate of registration;
(d) aircraft identification to be used in radiotelephony, if applicable;
(e) copy of the certificate of airworthiness;
(f) copy of the remote piloted aircraft system operator certificate;
(g) copy of the remote pilot(s) licence;
(h) copy of the aircraft radio station licence, if applicable;
(i) description of the intended operation, to include type of operation or purpose),
flight rules, visual line-of-sight (VloS) operation if applicable, date of intended
flight(s), point of departure, destination, cruising speed(s), cruising level(s),
route to be followed, duration or frequency of flight;
(j) take-off and landing requirements;
(k) remote piloted aircraft system performance characteristics, including—
(i) operating speeds;
(ii) typical and maximum climb rates;
(iii) typical and maximum descent rates;
(iv) typical and maximum turn rates;
(v) other relevant performance data including limitations regarding wind,
icing and precipitation; and
(vi) maximum aircraft endurance;
(l) communications, navigation and surveillance capabilities;
(m) aeronautical safety communications frequencies equipment, including—
(i) ATC communications, including any alternate means of
communication;
(ii) command and control links (C2) including performance parameters
and designated operational coverage area;
(iii) communications between remote pilot and Remote Piloted Aircraft
(RPA);
(iv) Remote Piloted Aircraft observer, if applicable;
(v) navigation equipment; and

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(vi) surveillance equipment, including SSR transponder and Automatic


Dependent Surveillance—Broadcast (ADSB);
(n) detect and avoid capabilities;
(o) emergency procedures, including—
(i) communications failure with Air Traffic Control (ATC);
(ii) C2 failure;
(iii) remote pilot or remote piloted aircraft observer communications
failure, if applicable;
(iv) number and location of remote pilot stations as well as handover
procedures between remote pilot stations, if applicable;
(v) document attesting noise certification, if applicable;
(vi) confirmation of compliance with the Civil Aviation (Security)
Regulations;
(vii) payload information or description; and
(viii) proof of adequate insurance coverage.
(3) Where documents identified in paragraph (2) above are issued in a language
other than English, the remote piloted aircraft system operator shall ensure that an English
translation is included.
(4) A remote piloted aircraft system shall meet the performance and equipment carriage
requirements for the specific airspace in which the flight is to operate.
(5) Any person who contravenes the provisions of paragraphs (1)(b) or (2) of this
regulation commits an offence and shall be liable upon conviction to a fine not exceeding
one million shillings or to imprisonment for a term not exceeding six months, or to both.
12. Authorization of remote piloted aircraft system operations
(1) A person shall not operate a remote piloted aircraft system in Kenya without
authorization from the Authority.
(2) Remote piloted aircraft system operators shall be authorized in accordance with the
category of use, for purposes of—
(a) recreation and sports which shall be through registered clubs established in
accordance with the provisions of Part IV of these Regulations;
(b) private use with authorization granted to the operator directly by the Authority
in accordance with the provisions of Part V of these Regulations;
(c) commercial use where authorization shall be issued in accordance with the
provisions of Part VI of these Regulations.
(3) The Authority may grant, upon application, a temporary permit to a person intending
to operate a remote piloted aircraft system not registered in Kenya for a period of thirty (30)
days renewable once.
(4) An application referred to under paragraph (3) of this regulation shall be submitted
to the Authority online and processed within fourteen (14) days upon receipt.
13. Prohibited operation of remote piloted aircraft system
(1) A person shall not operate a remote piloted aircraft system in a negligent or reckless
manner.
(2) For the purposes of paragraph (1) above, a person operates a remote piloted aircraft
system in a "negligent" or "reckless" manner where that person—
(a) in the cause of operation, endangers other aircraft, persons or property;
(b) operates in or around a prohibited or a restricted area, the particulars of which
have been duly published in the Kenya Aeronautical Information Publication
(AlP), except in accordance with the conditions of the restrictions or by
permission granted by the Authority; or

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(c) operates in or around strategic installations, radar sites, high tension cables
and communication masts, prisons, police stations, courts of law, scenes
of crime, except in accordance with the conditions of the restrictions or by
permission granted by the Authority.
(3) Any person who contravenes the provisions of this regulation commits an offence and
shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment
for a term not exceeding six months, or to both.
14. Carriage of dangerous goods
(1) A person shall not take on board or cause to be taken on board a remote piloted
aircraft system or deliver or cause to be delivered for loading thereon any goods which that
person knows or has reasonable cause to know to be dangerous goods.
(2) For the purposes of paragraph (1) above, "dangerous goods" includes—
(a) chemical and biological substances;
(b) nuclear material;
(c) explosives;
(d) arms, ammunition and munitions of war;
(e) corrosive substances;
(f) radioactive elements;
(g) volatile liquids;
(h) highly flammable liquids;
(i) aerosol sprays;
(j) any such materials or substances that may from time to time be so classified
by the Authority as dangerous goods.
15. Remote piloted aircraft system operating limitations
(1) A person shall not operate a remote piloted aircraft system—
(a) at above 400 feet Above Ground Level (AGL) and within 50 meters of any
person, vessel, vehicle or structure which is not under the control of the
person in charge of the remote piloted aircraft system;
(b) in conditions other than Visual Meteorological Conditions (VMC);
(c) at night, unless specifically cleared by the Authority on a case by case basis;
(d) fitted with cameras or imaging devices at heights or lateral distances where
such cameras or imaging devices capture information, pictures or videos
extending beyond the prescribed area of approved operation.
(2) Notwithstanding the provisions of paragraph (1)(b) above, operations for private and
commercial categories of remote piloted aircraft system may be conducted at such higher
heights and lateral distances as the Authority may approve.
16. Operations in congested areas and crowds
(1) A person shall not operate a remote piloted aircraft system at lateral distance of less
than 50 metres from any person, building structure, vehicle, vessel or animal not associated
with the operations and crowds. of remote piloted aircraft system unless authorized by the
Authority.
(2) Subject to paragraph (1) above, vertical limits shall be no less above ground level
than 100 feet except when prescribed by the Authority.
17. Collision avoidance
(1) All remote piloted aircraft systems in controlled airspace shall operate in accordance
with the Civil Aviation (Rules of the Air) Regulations and a remote pilot shall maintain
awareness so as to see and avoid other aircraft and vehicles and shall yield the right-of-
way to all aircrafts and vehicles.

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(2) For the purposes of paragraph (1), "yielding the right-of-way" means that the remote
piloted aircraft shall give way to the aircraft or vehicle and may not pass over, under, or
ahead of it unless well clear.
(3) No person shall operate a remote piloted aircraft system so close to another aircraft
as to create a collision hazard.
18. Certifications of remote piloted aircraft system pilot or instructors
Remote piloted aircraft system pilots or instructors for commercial operations shall be
certified by the Authority in accordance with the requirements specified in the First Schedule
to these Regulations.
19. Reporting of remote piloted aircraft system incidents and accidents.
Remote piloted aircraft system operator shall ensure that all incidents and accidents
involving such a system are reported to the Authority in accordance with the provisions of
the Civil Aviation (Safety Management) Regulations.
20. International remote piloted aircraft system operations
(1) A person shall not conduct a remote piloted aircraft system flight—
(a) commencing at a place within Kenya and terminating at a place outside
without authorization from the State of destination or any other State over
whose airspace the remote piloted aircraft system shall fly; or
(b) commencing at a place outside Kenya and terminating at a place within Kenya
or over- flying the Kenyan airspace without authorization from the Authority.
21. Cancellation, suspension or variation of authorization
Notwithstanding the provisions of regulation 12, the Authority may, in the interest of
safety and national security, cancel, suspend or vary any authorization granted under these
Regulations.
22. Filing of flight plans
(1) All Remote piloted aircraft systems flights in controlled airspace shall file flight plans
as provided for under the Aeronautical Information Publication (AlP).
(2) Without prejudice to the generality of paragraph (1) above, all remote piloted aircraft
systems flights in uncontrolled air space operating below or within 5 kilometres out of launch
area shall notify the nearest Air Traffic Control (ATC) and shall comply with any directions
or orders issued by ATC.
23. Emergencies and contingency links
All remote piloted aircraft systems operators shall develop and implement emergency
and contingency procedures acceptable to the Authority.
24. Command and Control
(1) A remote piloted aircraft system owner or operator shall ensure that he or she has
command or control of the remote piloted aircraft system at all times during the flight.
(2) Any remote piloted aircraft system owner or operator who loses command or control
of his or her remote piloted aircraft system shall report to the Authority immediately.
25. Air Traffic Control (ATC) communication
(1) remote piloted aircraft system pilot shall ensure that Air Traffic Control (ATC) is made
aware of any operations that shall take place in areas which are likely to affect manned and
controlled air traffic.
(2) The Air Navigation Service Provider (ANSP) shall establish procedures, acceptable
to the Authority, for integration of remote piloted aircraft system operation into the airspace
to ensure aviation safety and such procedures shall include communication and surveillance
detection.

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(3) Procedures referred to in paragraph (2) above shall provide for required information
to be passed to Air Traffic Control by remote piloted aircraft system pilot before and during
remote piloted aircraft system operations.
26. Operation in the vicinity of aerodromes
Except with written permission of the owner or operator of an aerodrome, the appropriate
Air Navigation Service Provider and approval from the Authority, a person shall not operate
a remote piloted aircraft system—
(a) within ten (10) kilometres of an aerodrome from the aerodrome reference
point for code C, D, E and F aerodromes;
(b) within seven (7) kilometres of an aerodrome from the aerodrome reference
point for code A and B aerodromes;
(c) on approach and take-off paths;
(d) within the vicinity of navigation aids;
(e) within the aerodrome traffic zone; and
(f) within terminal traffic holding patterns.
27. Operations at an aerodrome
The Authority may upon approval of remote piloted aircraft system operation at an
aerodrome—
(a) impose operating restrictions on the approval in the interest of safety;
(b) publish details of the approval in the appropriate element of the Integrated
Aeronautical Information Publication (IAIP);
(c) revoke or change the conditions that apply to such approval and publish
details of any revocation or change in conditions in the appropriate element
of the IAIP.
PART IV— RECREATIONAL AND SPORTS OPERATION
OF REMOTE PILOTED AIRCRAFT SYSTEM
28. Recreational and sports operations of RPAS
(1) Remote piloted aircraft system operations for recreation and sports purposes shall
be conducted within registered clubs which are approved by the Authority in accordance with
the guidelines set out in the Second Schedule of these Regulations and such recognition
shall be valid for twelve months.
(2) The Authority shall develop a system for approval of clubs including requirements
for composition, documentation and club rules and regulations.
(3) The clubs provided for under paragraph (1) above shall provide the Authority with
details of their operation areas and times for approval.
(4) The Authority shall segregate and notify through the applicable element of the
Integrated Aeronautical Information Publication (IAIP) of such airspaces designated for use
by remote piloted aircraft system operators, including limitations that may apply.
29. Training requirements for recreational and sports operations of RPAS
(1) Clubs referred to in regulation 28 shall prescribe minimum training requirements for
remote piloted aircraft system operation under the club.
(2) Training requirements referred to in paragraph (1) above shall be documented and
submitted to the Authority for acceptance.
PART V— PRIVATE OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM
30. Private operations of RPAS
A person shall not operate remote piloted aircraft system for private purposes except with
prior authorization issued by the Authority and subject to the conditions contained therein.

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31. Training requirements for private operations of RPAS


A remote piloted aircraft system pilot for private operation shall be trained in accordance
with training requirements set out in the First Schedule to these Regulations.
PART VI — COMMERCIAL OPERATION OF RPAS
32. Remote Piloted Aircraft Operator’s Certificate (ROC) compliance.
(1) An operator shall not engage in commercial remote piloted aircraft system operations
unless that operator holds a valid Remote Piloted Aircraft Operator's Certificate (ROC)
issued by the Authority.
(2) The Remote Piloted Aircraft Operator's Certificate (ROC) referred to in paragraph
(1) above shall authorize the operator to conduct remote piloted aircraft system operations
in accordance with the conditions and limitations detailed in the operations specifications
attached to that certificate.
(3) The issuance of the Remote Piloted Aircraft Operator's Certificate (ROC) by the
Authority shall be dependent upon the remote piloted aircraft system operator demonstrating
an adequate organization, method of control and supervision of flight operations, training
programme as well as ground handling and maintenance arrangements consistent with the
nature and extent of the operations specified and commensurate with the size, structure and
complexity of the organization.
(4) A commercial remote piloted aircraft system operator shall establish and implement
a Safety Management System (SMS) in accordance with their operational requirements
established under the Act or any other Regulations made thereunder.
33. Application for Remote Piloted Aircraft Operator’s Certificate (ROC)
(1) An operator applying to the Authority for a Remote Piloted Aircraft Operator's
Certificate (ROC) shall submit an application in a form and manner prescribed by the
Authority and containing any other information the Authority may require.
(2) An applicant shall make the application for an initial issue or re-issue of an ROC at
least sixty days before the date of the intended operation.
34. Issuance of ROC
(1) The Authority may issue a Remote Piloted Aircraft Operator's Certificate (ROC) to
an applicant if that applicant—
(a) meets the requirements of ownership stipulated under regulation 5;
(b) meets the applicable regulations and standards for the holder of a Remote
Piloted Aircraft Operator's Certificate (ROC);
(c) is properly qualified and adequately staffed and equipped to conduct safe
operations in commercial operations of the remote piloted aircraft system; and
(d) has an approved aircraft operator security programme in accordance with the
Civil Aviation (Security) Regulations, and meets any other requirements as
specified by the Authority.
35. Validity and renewal of a Remote Piloted Aircraft Operator’s Certificate
(ROC)
(1) A Remote Piloted Aircraft Operator's Certificate (ROC) issued by the Authority shall
be valid for 12 months from the date of issue or renewal unless—
(a) a shorter period is specified by the Authority;
(b) the Authority amends, suspends, revokes or otherwise, terminates the
certificate;
(c) the holder surrenders it to the Authority; or
(d) the holder notifies the Authority of the suspension of operations.

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(2) A Remote Piloted Aircraft Operator's Certificate (ROC) which is suspended or


revoked shall be returned to the Authority.
(3) An applicant for a Remote Piloted Aircraft Operator's Certificate (ROC) which has
expired shall make an initial application.
36. Amendments of ROC
(1) The Authority may amend a Remote Piloted Aircraft Operator's Certificate (ROC) if—
(a) the Authority determines that the amendment is necessary for the safety of
commercial remote piloted aircraft system operations;
(b) the Remote Piloted Aircraft Operator's Certificate holder applies for an
amendment and the authority determines that the amendment is necessary;
or
(c) the amendment is in the interest of national security.
(2) The Remote Piloted Aircraft Operator Certificate holder shall operate in accordance
with the amendment unless it is subsequently withdrawn.
37. Conducting surveillance, tests and inspections
The Authority shall conduct surveillance, inspections and tests on the Remote Piloted
Aircraft Operator Certificate holder to ensure continued eligibility to hold that certificate and
associated approvals.
38. Personnel required for RPAS commercial operations
(1) Remote piloted aircraft system operator shall have an accountable manager
acceptable to the Authority, with corporate authority for ensuring that all necessary resources
are available to support Piloted Aircraft Operator Certificate holder operations.
(2) The accountable manager shall have sufficient qualified and competent personnel
for the planned tasks and activities to be performed in accordance with the applicable
requirements.
(3) A remote piloted aircraft system operator shall establish initial and recurrent training
to ensure continuing competence of its personnel.
39. Operations manual
A remote piloted aircraft system operator shall develop and submit to the Authority for
approval an operation manual as set out in the Third Schedule to these Regulations.
40. Authorization for commercial remote piloted aircraft system operations
(1) Remote Piloted Aircraft Operator Certificate holder shall not undertake commercial
operations of remote piloted aircraft system except with authorization issued by the Authority.
(2) Authorization referred to in paragraph (1) above shall be specific to particular
operations.
41. Certification of remote piloted aircraft system pilots or instructors
(1) A person shall not operate a remote piloted aircraft system for commercial or private
purposes without a valid Remote Piloted Aircraft System pilot certificate issued by the
Authority in accordance with these Regulations.
(2) An applicant for Remote Piloted Aircraft System pilots certificate referred in
paragraph (1) above shall—
(a) be at least 18 years old;
(b) hold a current Class 2 medical certificate;
(c) demonstrate English proficiency;
(d) hold a radio telephony licence;
(e) have completed a course of training approved by the Authority;
(f) have passed a knowledge and skill test;

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(g) have prove of identity; and


(h) have police clearance certificate.
(3) Where applicable, a remote piloted aircraft system pilot or instructor shall hold an
appropriate rating for the type of operations they shall perform including—
(a) type rating;
(b) instrument rating;
(c) night rating; and
(d) instructor rating.
42. Eligibility requirements for remote piloted aircraft system pilot
(1) A person shall not act as a remote piloted aircraft system pilot unless that person
holds—
(a) a remote pilot certificate;
(b) a rating for the specific remote piloted aircraft system type or is operating
under the supervision of a rated remote pilot for the purpose of qualifying for
the rating;
(c) the required knowledge for the type of remote piloted aircraft system; and
(d) a current Class 2 medical certificate.
(2) A person undergoing training to qualify for a remote pilot certificate or rating shall
not—
(a) act as solo remote pilot of a remote piloted aircraft system—
(i) unless under the supervision of, or with the authority of, an authorized
remote piloted aircraft system instructor; or
(ii) on an international remote piloted aircraft flight;
(b) form part of the crew of a commercial remote piloted aircraft system flight.
43. Validity of remote piloted aircraft system pilots certificate
The remote piloted aircraft system pilot certificate shall be valid subject to validity of the
holder's medical certificate.
44. Consumption of alcohol and drugs
No remote piloted aircraft system pilot or observer shall—
(a) consume alcohol less than 8 hours prior to reporting for duty;
(b) commence a duty period while the concentration of alcohol in any specimen
of blood taken from any part of his or her body is more than 0.04 grams per
100 millilitres;
(c) consume alcohol or any psychoactive substance during the duty period or
whilst on standby for duty; or
(d) commence duty period while under the influence of alcohol or any
psychoactive substance having a narcotic effect.
45. Training requirements for commercial remote piloted aircraft system
operations
A remote piloted aircraft system pilot for commercial operations shall be trained in
accordance with training requirements set out in the First Schedule to these Regulations.
46. Instrument and equipment requirements
The Authority shall prescribe instrument requirement for remote piloted aircraft system
operators for specific operations depending on—
(a) the Class and Category of the remote piloted aircraft system;
(b) type of operations; or

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(c) special authorization sought.


PART VII — SECURITY REQUIREMENTS FOR
REMOTE PILOTED AIRCRAFT SYSTEM OPERATIONS
47. Security programme requirements
(1) A person or a club shall not operate a remote piloted aircraft system without operator
security procedures developed in accordance with the provisions of the Civil Aviation
(Security) Regulations and accepted by the Authority.
(2) A remote piloted aircraft system operator shall—
(a) specify the security measures, procedures and practices to be followed by
the operator to protect pilots and facilities from acts of unlawful interference;
(b) carry out and maintain security measures including identification and
resolution of suspicious activity that may pose a threat to civil aviation—
(i) at a remote pilot station;
(ii) on a remote piloted aircraft system; and
(iii) any facility under the control of the remote piloted aircraft system
operations.
(3) A remote piloted aircraft system shall be subject to security inspection at any time
during its operations without prior notification to the operator.
(4) The specific security measures referred to in paragraph (2)(a) shall provide—
(a) that the premises used for preparing, storing, parking including remote
piloted aircraft system ground station shall be secured at all times against
unauthorized access;
(b) for protection of critical information technology and communication systems
used for operations purposes from interference that may jeopardize the
security of civil aviation;
(c) for protection of flight documents;
(d) that commercial operators requesting to operate with a camera shall be
required to include details of the camera usage in the application for security
review and approval;
(e) requirements for checks and searches of specific areas and accessible
compartments of the interior and exterior of remote piloted aircraft system;
and
(f) that persons engaged in remote piloted aircraft system operations are subject
to recurrent background checks and selection procedures and are adequately
trained.
48. Security obligations for remote piloted aircraft system operators
An operator of remote piloted aircraft system shall—
(a) be responsible for the security of such system operations including associated
facilities, personnel and equipment;
(b) ensure that the Remote Piloted Aircraft (RPA) or any component thereof
that is no longer in use is completely disabled or destroyed to prevent
unauthorized use; and
(c) comply with any security directives or circulars issued by the Authority.
49. Acts of unlawful interference against civil aviation
An operator or owner of remote piloted aircraft system shall—
(a) have response procedures for operations personnel for threats and incidents
involving remote piloted aircraft system operations; and

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(b) ensure that reports on acts of unlawful interference are promptly submitted to
the Authority in accordance with the Civil Aviation (Security) Regulations.
PART VIII — GENERAL PROVISIONS
50. Record-keeping
(1) A remote piloted aircraft system operator shall establish a system of record-keeping
that allows adequate storage and reliable traceability of all activities developed, covering
at a minimum—
(a) operator's organization;
(b) safety management systems;
(c) personnel training and competence verification;
(d) documentation of all management system key processes;
(e) maintenance records;
(f) security management records.
(2) Records shall be stored in a manner that ensures protection from damage, alteration
and theft.
(3) Records identified in this regulation shall be current and in sufficient detail to
determine whether the experience and qualification requirements are met for the purpose
of commercial operations.
51. Insurance
(1) A person shall not operate, or cause to be operated or commit any other person to
operate remote piloted aircraft system unless there is in force a minimum insurance policy
in respect of third party risks.
(2) The minimum sum of insurance in respect of any remote piloted aircraft system
insured in accordance with paragraph (1) above shall be notified by the Authority.
(3) An operator of remote piloted aircraft system shall make available third party liability
insurance certificate(s), in the authentic form, at the location of the remote piloted aircraft
system operator's operational management or other location specified by the Authority.
(4) Notwithstanding the provisions of paragraph (1) above, the Authority may dispense
with requirement depending on the class and category of the Remote Piloted Aircraft.
52. Establishment of Multi-Agency Committee
(1) There is established a standing committee to be known as the Remote Piloted Aircraft
System Regulations Multi-Agency Committee (hereinafter referred to as the "Committee")
appointed by the Cabinet Secretary responsible for matters relating to civil aviation in
consultation with the relevant security Ministries, Departments and Agencies (MDAs) on
remote piloted aircraft systems regulation.
(2) The Committee shall consist of nine members and shall review remote piloted aircraft
system policy, regulations and procedures on a regular basis as and when need arises.
(3) There shall be a secretariat established under the Committee which shall be
responsible for coordinating the day to day administrative requirements for the regulation of
remote piloted aircraft system regulations operations with the Authority.
53. Privacy of persons and property
(1) Any person conducting operations using remote piloted aircraft system fitted with
cameras shall operate them in a responsible way to respect the privacy of other persons
and their property.
(2) Without prejudice to the generality of paragraph (1) above, no person shall use a
remote piloted aircraft system to do any of the following—
(a) conduct surveillance of—
(i) a person without the person's consent;

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(ii) private real property without the consent of the owner;


(b) photograph or film an individual, without the individual's consent, for the
purpose of publishing or otherwise publicly disseminating the photograph or
film:
Provided that this requirement shall not apply to news gathering, or events or places to
which the general public is invited.
(3) Infrared or other similar thermal imaging technology equipment fitted on remote
piloted aircraft shall only be for the sole purpose of—
(a) scientific investigation;
(b) scientific research;
(c) mapping and evaluating the earth's surface, including terrain and surface
water bodies and other features;
(d) investigation or evaluation of crops, livestock, or farming operations;
(e) investigation of forests and forest management; and
(f) other similar investigations of vegetation or wildlife.
54. Discharging or dropping goods
A person shall not cause a thing to be dropped or discharged from a remote piloted
aircraft in a way that creates a hazard to another aircraft, a person, or property.
55. Reports of violation
(1) Any person who knows of a violation under these regulations, shall report it to the
Authority.
(2) The Authority shall determine the nature and type of any additional investigation or
enforcement action that requires to be taken.
PART IX — OFFENCES AND PENALTIES
56. Unlawful interference of Remote Piloted Aircraft System operations
Any person who unlawfully interferes with duly authorized operation of remote piloted
aircraft system commits an offence and shall be liable upon conviction to a fine not exceeding
two million shillings or to imprisonment for a term not exceeding six months, or to both.
[L.N. 289/2017]

57. Non-compliance
(1) Any remote piloted aircraft system operator who contravenes the provisions of these
Regulations and whose penalty has not been specified in these Regulations commits an
offence and shall be liable upon conviction, to a fine not exceeding one million shillings or
to imprisonment for a term not exceeding six months, or to both.
(2) Any person who fails to comply with any direction given pursuant to these
Regulations by the Authority or by any authorized person under any provision of these
Regulations commits an offence and shall be liable upon conviction, to a fine not exceeding
one million shillings or to imprisonment for a term not exceeding six months, or to both.
(3) Notwithstanding the foregoing provisions, the Authority may—
(a) revoke, cancel, and suspend, any license, certificate, approval, authorization
and or exemptions issued under these Regulations of any person who
contravenes any provisions of these Regulations; or
(b) confiscate any remote piloted aircraft system or a component thereof
belonging to a person who contravenes the provisions of these Regulations.
PART X — SAVING AND TRANSITIONAL PROVISIONS
58. Saving and transitional provisions

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An owner of remote piloted aircraft system already imported into Kenya at


commencement of these Regulations shall apply to the Authority for registration within six
months upon commencement date of these Regulations.

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FIRST SCHEDULE
(rr. 18,31 and 45)
CERTIFICATION OF RPAS PILOT

This Schedule sets forth the eligibility and training requirements for the certification of
RPAS pilots.
Required Certificate, Ratings and Qualifications for Remote Pilot Certificate
1. Knowledge and skill requirements.
An applicant for a remote pilot certificate shall have demonstrated a level of knowledge
appropriate to the privileges granted to the holder of the certificate, in the following subjects

(a) air law;
(b) RPAS general knowledge;
(c) flight performance, planning and loading;
(d) human performance;
(e) emeteorology;
(f) navigation;
(g) operational procedures;
(h) principles of flight related to RPAS; and
(i) radiotelephony;
An applicant for a remote pilot certificate shall pass a skill test to demonstrate the ability
to perform, as remote PlC of the appropriate RPA category and associated RPS, the relevant
procedures and manoeuvres with the competency appropriate to the privileges granted.

2. Credit.

A holder of a licence issued by the Authority may be credited towards the requirements
for theoretical knowledge instruction and examination requirements for the remote pilot
certificate.

3. Passing grade.
The Authority shall prescribe the minimum passing grade.
4. Retesting after failure.
An applicant for a knowledge or practical test who fails that test, may retest after
the applicant has received the necessary training from an authorized instructor who has
determined that the applicant is proficient to pass the test.

5. Special conditions.
(a) in the case of introduction of new RPA or RPS in an operator's fleet, when compliance
with the requirements established by the Authority is not possible, the Authority may
consider issuing a specific authorization giving privileges for RPAS instruction.
Such an authorization should be limited to the instruction flights necessary for the
introduction of the new type of RPA or RPS;
(b) the validity period for this authorization shall be for the instruction sought only.

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SECOND SCHEDULE
(r. 28)

Operational Guidelines for Remote Piloted Aircraft System (RPAS) clubs.

The following requirements shall apply to RPAS clubs intending to operate for sport and
recreation as required in Part V of these Regulations.

General Provisions
1. A Remote Piloted Aircraft System club shall be registered in accordance with the
provisions pertaining to the registration of clubs in Kenya for it to be recognized and
approved by the Authority.
2. No RPAS club shall operate without the approval by the Authority.
3. The club is required to develop an operational manual that provides for:
(a) membership requirements;
(b) administration of members;
(c) training requirements for its members;
(d) procedures and guidelines of operations;
(e) types of operation;
(f) class of equipment operated;
(g) security arrangement for operations; and
(h) reporting mechanisms of incidents and accidents of the RPAS operations.
Administration of the club
4. The club management shall ensure that members:

(a) have adequate training to facilitate operations;


(b) are informed on current regulations, policies and procedures;
(c) adhere to safe business practices in their activities;
(d) are knowledgeable of airspace restrictions that apply in the area of operation as
approved; and
(e) are conversant with and meet the training requirements of the club.
Responsibility of the club management
5. The administrator of the club shall:
(a) obtain consent of the property owner or person in charge of the area of operation;
(b) ensure that the club's recognition status is current with the Authority;
(c) develop and operationalize a training programme and plan for their membership;
(d) have a current list of members and particulars of their RPAS;
(e) maintain a record or database of all accidents and incidents that occur within their
area of jurisdiction;
(f) ensure that it has adequate personnel who are properly qualified and competent to
perform their allocated tasks and responsibilities;
(g) have procedures for responding to an incident, accident, medical emergency, or if
any RPAS becomes uncontrollable;
(h) immediately stop all operations if unable to meet the exemption requirements or if
the safety of a person, property or other aircraft is at risk;
(i) ensure that club activities does not interfere with civil aviation;

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(j) adhere to laws from all levels of government; and


(k) inspect their RPAS on site before conduct of any flight to ensure that they are safe.

THIRD SCHEDULE
(r.39)

Remote Piloted Aircraft System (RPAS) Operations Manual

An operations manual shall include each item set forth below which is applicable to the
specific operation, unless otherwise approved by the Authority.

Part A - General
1.0 INTRODUCTION

1.1 Purpose and scope of manuals

1.2 A statement that the manual complies with all applicable Authority Regulations,
requirements and with the terms and conditions of the applicable RPAS operator certificate.

1.3 A statement that the manual contains operational instructions that are to be complied
with by the relevant personnel in the performance of their duties.

1.4 List of manuals comprising operations manual.

1.5 A list and brief description of the various operations manual parts, their contents,
applicability and use.

1.6 Responsibility for manual content.

1.7 Responsibility for manual amendment.

1.8 List of effective pages.

1.9 Distribution of manuals and amendments

2.0 SAFETY MANAGEMENT SYSTEM

2.1 Safety Policy.

2.2 Description of safety management system.

2.3 Accident and Investigation policies.

3.0 QUALITY SYSTEM


Description of quality system adopted.

4.0 MANAGEMENT ORGANISATION

4.1 A description of the organizational structure including the general company


organization and operations department organization. The relationship between the
operations department and the other departments of the company. In particular, the

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subordination and reporting lines of all divisions, departments etc., which pertain to the
safety of the RPAS operations, shall be shown.

4.2 Accountable Manager - duties and responsibilities.

4.3 Nominated personnel - functions duties and responsibilities.

4.4 RPAS Pilot - duties and responsibilities

4.5 Support personnel in the operation of RPAS - duties and responsibilities

4.6 A description of the objectives, procedures and responsibilities necessary to exercise


operational control with respect to flight safety.

5.0 DOCUMENTATION

5.1 Documents required in RPAS operations.

5.2 Document storage and retention period.

Part B - RPAS Operating Information.

1.0 CREW INFORMATION


1.1 Flight team/crew composition.
1.2 Qualification requirements of RPAS Pilot and support crew.
1.3 Medical competencies.
1.4 Operations of different types of RPAS.
2.0 OPERATIONS OF RPAS
2.1 Operating Limitations and conditions.
2.2 Communications.
2.3 Weather.
2.4 On site procedures.
3.0 RPAS FLIGHT MANAGEMENT
3.1 Assembly and functional checks.
3.2 Pre-flight checks.
3.3 Normal flight procedures associated with relevant systems.
3.4 Inflight checks associated with relevant systems.
3.5 Abnormal procedures associated with relevant systems.
3.6 Emergency procedures associated with relevant systems.
4.0 RPAS USER MANUAL

Part C - Areas Routes and Aerodromes

1.0 Areas of operations


2.0 Operating site planning and assessment.
3.0 Authorizations including site permissions.

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Part D - Training

1.0 Training syllabi and checking programs for RPAS crew.


2.0 Training syllabi and checking programs for RPAS support crew.
3.0 Training syllabi and programs for personnel other than crew.
4.0 Recurrent training programs.
5.0 Additional training requirements that individual clients specify for the proposed
operations.

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THE CIVIL AVIATION (REGULATORY FEES AND


CHARGES FOR REMOTE PILOTED AIRCRAFT
SYSTEMS SERVICES) REGULATIONS, 2017
[L.N. 289/2017]

1. These Regulations may be cited as the Civil Aviation (Regulatory Fees and Charges for
Remote Piloted Aircraft Systems Services) Regulations, 2017.
2. The fees and charges for services rendered by the Kenya Civil Aviation Authority in
relation to Remote Piloted Aircraft Systems shall be as specified in the Schedule to these
Regulations.
SCHEDULE
Service Charges
Sports and Private Commercial
Recreational
Issue Import Permit USD. 200 USD. 200 USD. 200
Registration of RPAS USD. 200 USD. 300 USD. 500
Change of USD. 200 USD. 200 USD. 200
Registration of
Particulars
Issue of Temporary USD. 1500 USD. 1500 USD. 1500
Permit
Granting of USD. 200 USD. 200 USD. 200
Authorisations
Issue of RPAS USD. 1000
Operating Certificate
(ROC)
Renewal of RPAS USD. 600
Operating Certificate
(ROC)
Issue of RPAS Club USD. 700 .
Certificate
Renewal of RPAS USD. 400 .
Club Certificate
RPAS Pilot Licensing USD. 200 USD. 400 USD. 400
Fee
RPAS Pilot Licensing USD. 200 USD. 400 USD. 400
Fee Renewal
Search of RPAS USD. 200 USD. 200 USD. 200
Details
Inclusion of RPAS USD. 1000 USD. 1000 USD. 1000
Training in Training
Organisation
Capability of ATO
Approval of USD. 2000 USD. 2000 USD. 2000
Modifications
Validations of Foreign USD. 200 USD. 200 USD. 200
Licence

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CIVIL AVIATION (PERSONNEL LICENSING) REGULATIONS, 2018


ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY PROVISIONS
Regulation
1. Citation.
2. Interpretation.
3. Application.
PART II – LICENCES, CERTIFICATION, RATINGS AND AUTHORIZATIONS
4. Licenses and certificates issued.
5. Ratings issued.
6. Special authorization for non passenger carrying flights.
7. Authorizations issued.
8. English language proficiency.
9. Duration of licences, certificates, ratings and authorisations.
10. Competency & Recent experience requirements.
11. Validity of Licences.
12. Decrease in medical fitness.
13. Deferral of medical examination.
14. Extension of validity of medical certificate.
15. Curtailment of privileges of pilots.
PART III – VALIDATION AND CONVERSION OF FOREIGN FLIGHT
CREW LICENCES AND RECOGNITION OF MILITARY QUALIFICATIONS

LICENCES AND RECOGNITION OF MILITARY QUALIFICATIONS


16. General requirements for validation.
17. Validation certificate with PPL privileges.
18. Validation certificate with Private Pilot Licence/Instrument Rating, Commercial Pilot
Licence, Commercial Pilot Licence/Instrument Rating, Multi-crew Pilot Licence,
Airline Transport Pilot Licence or Flight Engineer privileges.
19. Recognition of military or former military flight crew qualifications.
20. Conversion of Kenyan Military Pilots Qualification.
21. Conversion of foreign pilot licences.
22. Conversion of flight engineer licence.
PART IV – VALIDATION, CONVERSION OF FOREIGN AIRCRAFT
MAINTENANCE ENGINEER LICENCES AND RATINGS AND
RECOGNITION OF ENGINEER MILITARY QUALIFICATIONS
23. Validation of Aircraft Maintenance Engineer Licence (AMEL).
24. Conversion of foreign Aircraft Maintenance Engineer Licence (AMEL).
25. Recognition of military aircraft maintenance personnel qualifications.
PART V – GENERAL REQUIREMENTS: TESTING AND TRAINING
FOR PILOT LICENCES, RATINGS AND AUTHORISATIONS
26. Knowledge test: prerequisites and passing grades.
27. Practical tests: prerequisites for flight crew.
28. Practical tests: general requirements for flight crew.
29. Practical tests: required aircraft and equipment.
30. Retesting after failure.
31. Records of training time.

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32. Recording of flight time of a holder of pilot licence.


33. Limitations on the use of synthetic flight trainer.
34. Use of a synthetic flight trainer for demonstration of skill.
35. General requirements for pilots licences, ratings and authorisations
PART VI – PILOT LICENCES
Student Pilot Licence
36. Eligibility requirements.
37. Solo flight requirements.
38. Privileges and Limitations.
39. Solo flight cross-country requirements.
40. Renewal requirements.
Private Pilot Licence
41. Eligibility requirements.
42. Aeronautical knowledge requirements PPL.
43. Flight instruction requirements.
44. Aeronautical experience and skill requirements for PPL.
45. Privileges and limitations.
46. Renewal requirements.
Commercial Pilot Licence
47. Eligibility requirements.
48. Aeronautical knowledge requirements for CPL.
49. Flight instruction requirements.
50. Aeronautical experience and skill requirements for commercial Pilot Licence.
51. Privileges and limitations.
52. Renewal requirements.
Airline Transport Pilot Licence
53. Eligibility requirements.
54. Aeronautical knowledge requirements for Airline Transport pilot licence.
55. Flight instruction requirements.
56. Aeronautical experience requirements.
57. Additional aircraft category, class and type ratings.
58. Privileges and limitations.
59. Renewal requirements.
Multi-crew pilot licence
60. Eligibility requirements.
61. Aeronautical knowledge requirement for multi-crew pilot licence.
62. Flight instruction requirements for multi-crew pilot licence.
63. Aeronautical experience requirement.
64. Privileges and limitations.
65. Renewal requirements.
PART VII – PILOT RATINGS AND AUTHORIZATION
66. Category rating.
67. Class ratings.
68. Type ratings.
69. Category II and III operations pilot authorisation requirements.
70. Balloon ratings.

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Night Rating
71. General eligibility requirements.
72. Flight instruction requirements.
73. Privileges and limitations.
74. Renewal requirements.
Instrument Rating
75. General eligibility requirements.
76. Aeronautical knowledge requirements.
77. Flight instruction requirements.
78. Aeronautical experience and skill requirements.
79. Privileges and limitations.
80. Renewal requirements.
Flight Instructor Rating
81. Eligibility requirements.
82. Aeronautical knowledge requirements.
83. Aeronautical experience.
84. Instruction requirements.
85. Trainees records.
86. Additional category.
87. Privileges.
88. Limitation and qualifications.
89. Renewal requirements.
90. Renewal of an expired flight instructor rating.
Flight Examiner Authorisation
91. Flight examiner requirements.
92. Flight examiner training requirements.
PART VIII – LICENCES FOR FLIGHT CREWMEMBERS OTHER THAN PILOTS
Flight Engineer Licence
93. Licences and ratings required.
94. General eligibility requirements.
95. Additional aircraft ratings.
96. Knowledge requirements.
97. Aeronautical experience requirements.
98. Skill requirements.
99. Privileges.
100. Renewal requirements.
PART IX – LICENCES, CERTIFICATES, RATINGS AND
AUTHORISATIONS FOR PERSONNEL OTHER THAN FLIGHT
CREWMEMBERS
Air Traffic Controller Licence
101. Required licences and ratings or qualifications.
102. General eligibility requirements.
103. Knowledge requirements for issue of an air traffic control licence.
104. Knowledge requirements for air traffic controller ratings and knowledge
requirements.
105. Aeronautical experience and skill requirements for air traffic controller ratings.
106. Privileges and limitations.

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107. Privileges of air traffic controller ratings.


108. Validity of air traffic controller ratings.
109. Maximum working hours.
110. Responsibilities over fatigue.
111. Prohibition of unlicensed air traffic controllers.
112. Renewal requirements.
Ground Instructor Licence
113. Eligibility requirements.
114. Privileges
115. Requirements for ratings.
116. Renewal requirements.
Flight Operations Officer Licence
117. General eligibility requirements.
118. Knowledge requirements.
119. Experience or training requirements.
120. Skill requirements.
121. Privileges.
122. Renewal requirements.
Aircraft Maintenance Engineer Licence
123. General eligibility requirements.
124. Aeronautical knowledge and skill requirements.
125. Experience requirements: licence with or without type rating.
126. Aircraft maintenance personnel ratings.
127. Privileges and limitations.
128. Exercise of privileges.
129. Recency and renewal requirement.
Aviation Repair Specialist Authorisation
130. Eligibility requirements.
131. Privileges and limitations.
132. General eligibility, knowledge and skills requirements for issuance of ATSEP Licence.
133. Eligibility, knowledge and skill requirements for issue of an ATSEP rating validity ans
requirement for renewal of licence..
Flight Radio Telephony Operator Licence
134. General eligibility requirements.
135. Skill and Knowledge requirements.
136. Privileges.
137. Renewal requirements.
Cabin Crewmember Certificate
138. Required certificate, ratings and qualifications.
139. Eligibility requirements.
140. Knowledge requirements.
141. Skill requirements.
142. Privileges.
143. Renewal requirements.
PART X – AVIATION MEDICAL STANDARDS AND CERTIFICATION
General

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144. General eligibility requirements.


145. Knowledge and skills requirement of issuance of an Air Traffic Safety Electronics
Personel Licence.
146. Eligibility, Knowledge and skill requirements of issuance of an Air Traffic Safety
Electronics Personel rating.
147. Validity.
148. Requirements for renewal of licence.
PART X — AVIATION MEDICAL STANDARDS AND CERTIFICATION
General
149. Medical Assessment — General.
150. Aviation medical examiner, designation and qualifications.
151. Evaluation of Medical Examiners’ Competence.
152. Delegation of authority.
Medical Certification Procedures
153. Medical Assessment — General
154. Aviation medical examiner submission of signed medical evaluation report.
155. Issue of medical certificate.
156. Denial of Medical Certificate.
157. Medical Confidentiality.
158. Issue of special Medical Certificate with a limitation.
159. Duration of Medical Certificate.
160. Renewal of Medical Certificate.
161. Prohibition of Medical certification.
162. Medical requirements.
163. Physical and Mental requirements.
164. Hearing test requirements.
165. Issue of medical certificate for persons under oral drugs.
166. Visual requirements: general.
167. Vision testing requirements.
168. Acceptability of correcting lenses.
169. Distance vision requirements.
170. Near vision requirements.
171. Colour perception requirements.
172. Ear and related structures.
173. Hearing requirements.
174. Cardiovascular: general.
175. Blood pressure and circulation.
176. Electro-cardiography examination.
177. Neurological requirements.
178. Respiratory capability.
179. Radiology (X-ray) evaluation.
180. Vestibular apparatus.
181. Bones, muscles and tendons.
182. Endocrine system.
183. Diabetic applicant.
184. Gastrointestinal and digestive tract.
185. Kidneys and urinary tract.
186. Lymphatic glands or disease of the blood.

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187. Gynaecological conditions.


188. Pregnancy.
189. Speech defects.
190. Acquired Immunodeficiency Syndrome.
PART XI— EXEMPTIONS
191. Requirements for application.
192. Substance of the request for exemption.
Review, Publication and Issue or Denial of the Exemption
193. Initial review by the Authority.
194. Evaluation of the request.
PART XII — GENERAL PROVISIONS
195. Possession of the licence.
196. Use of psychoactive substances.
197. Drug and alcohol testing and reporting.
198. Inspection of licences, certificates and authorisations.
199. Change of Name.
200. Change of address.
201. Replacement of documents.
202. Suspension and revocation of documents.
203. Use and retention of documents and records.
204. Reports of violation.
205. Enforcement of directions.
206. Aeronautical user fees.
207. Application of regulations to Government and visiting forces.
208. Extra -territorial application of Regulations.
PART XIII— OFFENCES AND PENALTIES
209. Contravention of Regulations.
210. Penalties.
211. Revocation of LN. No.
SCHEDULES
FIRST SCHEDULE — Specifications for Personnel Licences
SECOND SCHEDULE — Language Proficiency Requirements
THIRD SCHEDULE — Requirements for the Issue of the Multi-Crew
Pilot Licence - Aeroplane
FOURTH SCHEDULE — Knowledge and Skill Requirements for Aircraft
Maintenance Engineers' Licensing
FIFTH SCHEDULE — Offences and Penalties

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CIVIL AVIATION (PERSONNEL LICENSING) REGULATIONS, 2018


[L.N. 95/2018.]

PART I – PRELIMINARY PROVISIONS


1. Citation
These Regulations may be cited as the Civil Aviation (Personnel Licensing) Regulations,
2018.
2. Interpretation
In these Regulations, unless the context requires otherwise—
“accredited medical conclusion” means the conclusion reached by one or more
medical experts acceptable to the Authority for the purposes of the case concerned, in
consultation with flight operations or other experts as necessary;
“aeronautical experience” means pilot time obtained in an aircraft, approved
synthetic flight trainer for meeting the training and flight time requirements of these
Regulations;
“aeroplane” means a power-driven heavier-than-air aircraft deriving its lift in
flight chiefly from aerodynamic reactions on surfaces which remain fixed under given
conditions of flight;
“Air Traffic Control Service” means a service provided for the purpose of—
(a) preventing collisions—
(i) between aircraft; and
(ii) on the manoeuvring area, between aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of traffic;
“Air Traffic Control unit” means a generic term meaning variously, area control
centre, approach control unit or aerodrome control tower;
"ATSEP" means an abbreviation for Air Traffic Services Equipment Personnel;
“aircraft” means any machine that can derive support in the atmosphere from the
reactions of the air other than the reactions of the air against the earth's surface;
"aircraft avionics" means a term designating any electronic device including its
electrical part for use in an aircraft, including radio, automatic flight control and instrument
system;
“aircraft category” means classification of aircraft according to specified basic
characteristics such as aeroplane, rotorcraft, glider and lighter-than-air and powered-lift
aircraft;
“aircraft certificated for single-pilot operation” means a type of aircraft which
the State of Registry has determined, during the certification process, can be operated
safely with a minimum crew of one pilot;
“aircraft required to be with a co-pilot” means a type of aircraft that is required to
be operated with a co-pilot as specified in the flight manual or air operator certificate;
“aircraft – type of” means all aircraft of the same basic design including all
modifications thereto except those modifications which result in a change in handling or
flight characteristics;
“airframe” means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces
including rotors (but excluding propellers and rotating airfoils of a powerplant) and
landing gear of an aircraft and their accessories and controls;
“airmanship” means the consistent use of good judgment and well developed
knowledge, skills and attitudes to accomplish flight objectives;

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“airship” means a power-driven ligher —than-air aircraft;


“appliance” means any instrument, mechanism, equipment, part, apparatus,
appurtenance, or accessory, including communications equipment, that is used or
intended to be used in operating or controlling an aircraft in flight, is installed in or
attached to the aircraft, and is not part of an airframe, powerplant, or propeller;
“approved maintenance organisation” means an organisation approved to
perform specific aircraft maintenance activities by the Authority including the inspection,
overhaul, maintenance, repair or modification and release to service of aircraft or aircraft
component;
“approved training” means training conducted under special curricula and
supervision approved by the Authority;
“approved training organization” means an organization approved by and
operating under the supervision of a Contracting State in accordance with the
requirements of Annex 1 to perform approved training;
"Air Traffic Safetysurveillance service means a term used to indicate a service
provided directly by means of an Air Traffic Safety surveillance system;
"Air Traffic Safetysurveillance system is a generic term meaning variously, ADS-
B, PSR, SSR or any comparable groundbased system that enables the identification of
aircraft;
“authorised instructor” means a person who—
(a) holds a valid ground instructor licence issued under these Regulations for
conducting ground training;
(b) holds a current flight instructor rating issued under these Regulations for
conducting ground training or flight training; or
(c) is authorised by the Authority to provide ground training, flight training, or
other training under these Regulations and the Civil Aviation (Approved
Training Organisations) Regulations;
“Authority” means the Kenya Civil Aviation Authority;
“aviation repair specialist” means a person qualified to perform or supervise
the maintenance, preventive maintenance, or alteration of aircraft, airframes, aircraft
engines, propellers, appliances, components, and parts appropriate to the designated
speciality area for which the aviation repair specialist is authorised, but only in connection
with employment by an Approved Maintenance Organisation;
“balloon” means a non-power-driven lighter-than-air aircraft;
"basic training" means fundamental knowledge and skills appropriate to the
disciplines to be pursued in the Air Traffic Saftey surveillance system Environment;
"certify as (to) airworthy" means to certify that an aircraft or parts thereof comply
with current airworthiness requirements after maintenance has been performed on the
aircraft or parts thereof;
"CNS/ATM facilities" means Communication, Navigation, Surveillance/Air Traffic
Management facilities used in the provision of Air Navigation Services;
“commercial air transport operation” means an aircraft operation involving the
transport of passengers, cargo or mail for remuneration or hire;
“competency” means a combination of skills, knowledge and attitudes required to
perform a task to the prescribed standard;
“competency element” means an action that constitutes a task that has a triggering
event and a terminating event that clearly defines its limits, and an observable outcome;

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“competency unit” means a discrete function consisting of a number of competency


elements;
“credit” means recognition of alternative means or prior qualifications;
“cabin crewmember” means a crewmember who performs in the interest of safety
of passengers, duties assigned by the operator or the PIC of the aircraft, but who shall
not act as a flight crewmember;
“Category II (CAT II) operations” means, a precision instrument approach and
landing with a decision height lower than 60 metres(200 feet), but not lower than 30
metres (10 feet), and a Runway Visual Range not less than 350 metres;
“Category IIIA (CAT IIIA) operations” means, a precision instrument approach and
landing with —
(a) a decision height lower than 30 metres (100 feet) or no decision height;
and
(b) Runway Visual Range not less than 200 metres;
"Category IIIB (CAT IIIB) operations” means, a precision instrument approach and
landing with —
(a) a decision height lower than 15m (50 feet) or no decision height ; and
(b) a Runway Visual Range less than 200 metres but not less than 50 metres;
“Category IIIC (CAT IIIC) operations” means a precision instrument approach and
landing with no decision height and no Runway Visual Range limitations;
“check pilot” means a pilot approved by the Authority who has the appropriate
training, experience, and demonstrated ability to evaluate and certify to the knowledge
and skills of pilots;
“Contracting State” means a State that is signatory to the Convention on
International Civil Aviation (Chicago Convention);
“Co-pilot” means a licensed pilot serving in a piloting capacity other than as PIC,
but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight
instruction;
“course” means a programme of instruction to obtain a license, rating, qualification,
authorisation, or recurrency required under these Regulations;
“Crew Resource Management (CRM)” means a program designed to improve the
safety of flight operations by optimising the safe, efficient, and effective use of human
resources, hardware, and information through improved crew communication and co-
ordination;
“critical engine” means the engine whose failure would most adversely affect the
performance or handling qualities of an aircraft;
“cross country” means a flight between a point of departure and a point of arrival
following a pre-planned route using standard navigation procedures;
“designated medical examiner” means a person qualified and licensed in the
practice of medicine, designated by the Authority to conduct medical examinations
of fitness of applicants and issue reports for the issue or renewal of the licences or
certificates or ratings specified in these Regulations;
“dual instruction time” means flight time during which a person is receiving flight
instruction from a properly authorized pilot on board the aircraft;
"equipment" means portion of a system that performs a function that contributes to
a system's output(s);
“error” means an action or inaction by an operational person that leads to deviations
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“error management” means the process of detecting and responding to errors with
countermeasures that reduce or eliminate the consequences of errors and mitigates the
probability of further errors or undesired states;
“evaluator” means a person employed by a certified Approved Training
Organisation who performs tests for licensing, added ratings, authorisations, and
proficiency checks that are authorised by the certificate holder's training specification,
and who is authorised by the Authority to administer such checks and tests;
“examiner” means any person authorised by the Authority to conduct a pilot
proficiency test, a practical test for a licence or rating, or a knowledge test under these
Regulations;
“facility” means a physical plant, including land, buildings, and equipment, which
provides the means for the performance of maintenance, preventive maintenance, or
modifications of any article;
“flight crewmember” means a licensed crewmember charged with duties essential
to the operation of an aircraft during flight duty period;
“flight plan” means specified information provided to air traffic services units,
relative to an intended flight or portion of a flight of an aircraft;
“flight simulation training device” means any one of the following three types of
apparatus in which flight conditions are simulated on the ground;
(a) A flight simulator, which provides an accurate representation of the
flight deck of a particular aircraft type to the extent that the mechanical,
electrical, electronic, etc. aircraft systems control functions, the normal
environment of flight crew members, and the performance and flight
characteristics of that type of aircraft are realistically simulated;
(b) A flight procedures trainer, which provides a realistic flight deck
environment, and which simulates instrument responses, simple control
functions of mechanical, electrical, electronic, etc. aircraft systems, and
the performance and flight characteristics of aircraft of a particular class;
(c) A basic instrument flight trainer, which is equipped with appropriate
instruments, and which simulates the flight deck environment of an aircraft
in flight in instrument flight conditions;
“flight time” means—
(a) for aeroplanes and gliders, the total time from the moment an aeroplane
or a glider moves for the purpose of taking off until the moment it finally
comes to rest at the end of the flight and it is synonymous with the
term "block to block" or "chock to chock" time in general usage which is
measured from the time an aeroplane first moves for the purpose of taking
off until it finally stops at the end of the flight;
(b) for helicopter, the total time from the moment a helicopter rotor blades
start turning until the moment a helicopter comes to rest at the end of the
flight and the rotor blades are stopped;
(c) for airships or free balloon, the total time from the moment an airship or
free balloon first becomes detached from the surface until the moment
when it next becomes attached thereto or comes to rest thereon;
“glider” means a non-power-driven heavier-than-air aircraft, deriving its lift in
flight chiefly from aerodynamic reactions on surfaces, which remain fixed under given
conditions of flight; "heavier-than-air aircraft" means any aircraft deriving its lift in flight
chiefly from aerodynamic forces;
“heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from
aerodynamic forces;

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helicopter” means a heavier-than-air aircraft supported in flight chiefly by the


reactions of the air on one or more power-driven rotors on substantially vertical axis;
“heliport” means an aerodrome or defined area on a structure intended to be used
wholly or in part for the arrival, departure, and surface movement of helicopters;
“human performance” means human capabilities and limitations which have an
impact on the safety and efficiency of aeronautical operations;
“inspection” means the examination of an aircraft or aircraft component to establish
conformity with a standard approved by the Authority;
“instrument approach procedure” means a series of predetermined manoeuvres
by reference to flight instruments with specified protection from obstacles from the initial
approach fix, or where applicable from the beginning of a defined arrival route to a point
from which a landing can be completed and thereafter, if a landing is not completed, to
a position at which holding or enroute obstacle clearance criteria apply;
“instrument flight time” means the time during which a pilot is piloting an aircraft
solely by reference to instruments and without external reference points;
“instrument ground time” means the time during which a pilot is practising, on the
ground, simulated instrument flight in a flight simulation training device approved by the
Licensing Authority;
“instrument time” means time in which cockpit instruments are used as the sole
means for navigation and control;
“instrument training” means training which is received from an authorised
instructor under actual or simulated instrument meteorological conditions;
"kilograms" means kilogrammes;
“knowledge test” means a test on the aeronautical knowledge areas required for a
licence or rating that can be administered in written form or by a computer;
"Licensed Aircraft Maintenance Engineer course” means a training course for
maintenance licence ratings in airframe, powerplant and avionics;
“licensed aircraft maintenance engineer” means a person licenced by the
Authority to perform defined maintenance upon aircraft or aircraft components;
“licensing authority” means the Authority designated by a Contracting State as
responsible for the licensing of personnel;
“lighter-than-air aircraft” means any aircraft supported chiefly by its buoyancy in
the air;
“likely” in the context of the medical provisions in these regulations, means with a
probability of occurring that is unacceptable to the Medical Assessor;
“maintenance” means the performance of tasks required to ensure the continuing
airworthiness of an aircraft, including any one or combination of overhaul, inspection,
replacement, defect rectification, and the embodiment of a modification or repair;
“medical assessor” means a physician appointed by the Authority qualified and
experienced in the practice of aviation medicine, competent in evaluating and assessing
medical conditions of flight safety significance and who evaluates medical reports
submitted to the Authority by medical examiners;
“Medical Certificate (or Medical Assessment)” means the evidence issued by the
Authority that the licence holder meets specific requirements of medical fitness;
“medical examiner” means a physician with training in aviation medicine and
practical knowledge and experience of the aviation environment, who is designated by
the Authority to conduct medical examinations of fitness of applicants for licences or
ratings for which medical requirements are prescribed;

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“night” means the time between fifteen minutes after sunset and fifteen minutes
before sunrise, sunrise and sunset being determined at surface level, and includes any
time between sunset and sunrise when an unlighted aircraft or other unlighted prominent
object cannot clearly be seen at a distance of 4,572 metres;
“NOTAM” means Notice to Airmen;
“performance criteria” means simple, evaluative statements on the required
outcome of the competency element and a description of the criteria used to judge
whether the required level of performance has been achieved;
“pilot (to)” means to manipulate the flight controls of an aircraft during flight time;
“pilot-in-command (PIC)” means the pilot designated by the operator, or in the case
of general aviation, the owner, as being in command and charged with the safe conduct
of a flight;
“pilot-in-command under supervision” means a co-pilot performing, under the
supervision of the pilot-in-command, the duties and functions of a pilot-in-command, in
accordance with the method of supervision acceptable to the Authority;
“pilot time” means that time a person:
(a) serves as a required pilot;
(b) receives training from an authorised instructor in an aircraft, approved
synthetic flight trainer; or
(c) gives training as an authorised instructor in an aircraft, approved synthetic
flight trainer;
“powered-lift” means a heavier-than-air aircraft capable of vertical takeoff, vertical
landing, and low speed flight that depends principally on engine driven lift devices or
engine thrust for lift during these flight regimes and on non-rotating airfoil(s) for lift during
horizontal flight;
“powerplant” means an engine that is used or intended to be used for propelling
aircraft, and it includes turbo superchargers, appurtenances, and accessories necessary
for its functioning, but does not include propellers;
“practical test” means a competency test on the areas of operations for a licence,
certificate, rating, or authorisation that is conducted by having the applicant respond to
questions and demonstrate manoeuvres in flight, in an approved synthetic flight trainer,
or in a combination of these;
“pressurised aircraft” means an aircraft fitted with means of controlling out flow of
cabin air in order to maintain maximum cabin altitude of not more than 10,000 feet so as
to enhance breathing and comfort of passengers and crew;
“problematic use of substances” means the use of one or more psychoactive
substances by aviation personnel in a way that constitutes a direct hazard to the user or
endangers the lives, health or welfare of others, and causes or worsens an occupational,
social, mental or physical problem or disorder;
“proficiency check” means the process of the check pilot administering each
prescribed manoeuvre and procedure to a pilot as necessary until it is performed
successfully during the training period;
“propeller” means for a device for propelling an aircraft that has blades on a
powerplant driven shaft and that, when rotated, produces by its action on the air, a thrust
approximately perpendicular to its plane of rotation and it includes control components
normally supplied by its manufacturer, but does not include main and auxiliary rotors or
rotating airfoils of powerplants;
“psychoactive substance” means alcohol, opioids, cannabinoids, sedatives and
hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents,
whereas coffee and tobacco are excluded;

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“quality system” means documented organizational procedures and policies,


internal audits of those policies and procedures, management review and
recommendation for quality improvement;
"qualification training" means job category related knowledge, attitude and skills
appropriate to the discipline to be pursued;
“rated air traffic controller” means an air traffic controller holding a licence and
valid ratings appropriate to the privileges to be exercised;
“rating” means an authorisation entered on or associated with a license or certificate
and forming part thereof, stating special conditions, privileges or limitations pertaining
to such license or certificate;
"rated ATSEP" means an ATSEP holding valid rating(s) appropriate to the privileges
to be exercised;
“rendering (a licence) valid (Validation)” means the action taken by a Contracting
State, as an alternative to issuing its own licence, in accepting a licence issued by any
other Contracting State as the equivalent of its own licence;
“repair” mean the restoration of an aircraft or aircraft component to a serviceable
condition in conformity with an approved standard;
“rest period” means a period free of all restraint, duty or responsibility as specified
by the Authority;
“rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the
reactions of the air on one or more rotors;
“safety-sensitive personnel” means a person who might endanger aviation safety
if they perform their duties and functions improperly including, but not limited to,
crewmembers, aircraft maintenance personnel and air traffic controllers;
“sign a maintenance release (to)" means to certify that maintenance work
has been completed satisfactorily in accordance with the applicable Standards of
airworthiness, by issuing the maintenance release;
“significant” in the context of the medical provisions means to a degree or of a
nature that is likely to jeopardize flight safety;
“solo flight” means a flight on which a student pilot of the aircraft is the sole occupant
of the aircraft;
“solo flight time” means flight time during which a student pilot is the sole occupant
of the aircraft;
“specific operating provisions” means a document describing the ratings (class
or limited) in detail and containing reference material and process specifications used in
performing repair work, along with any limitations applied to an Approved Maintenance
Organization;
“State of Registry” means the State on whose register the aircraft is entered;
"State Safety Programme” means an integrated set of Regulations and activities
aimed at improving safety;
“substance” means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens,
opioids, cannabis, inhalants, central nervous system stimulants such as cocaine,
amphetamines, and similarly acting sympathomimetics, phencyclidine or similarly acting
arylcyclohexylamines and other psychoactive drugs and chemicals;
“substance abuse” means any of the following—
(a) the use of a substance in a situation in which that use was physically
hazardous, if there has been at any other time an instance of the use of a
substance also in a situation in which that use was physically hazardous;

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(b) a verified positive drug test result acquired under an antidrug program or
internal program of a State government; or
(c) misuse of a substance that the Authority, based on case history and
qualified medical judgment relating to the substance involved, finds that
it makes the applicant unable to safely perform the duties or exercise
the privileges of the license applied for or held or as may reasonably be
expected, for the maximum duration of the Medical Certificate applied for
or held, to make the applicant unable to perform those duties or exercise
those privileges;
“substance dependence” means a condition in which a person is dependent on a
substance, other than tobacco or ordinary xanthine containing beverages, as evidenced
by increased tolerance, manifestation of withdrawal symptoms, impaired control of use,
or continued use despite damage to physical health or impairment of social, personal,
or occupational functioning;
“synthetic flight trainer” means any one of the following three types of apparatus
in which flight conditions are simulated on the ground—
(a) a synthetic flight trainer, which provides an accurate representation of
the cockpit of a particular aircraft type to the extent that the mechanical,
electrical or electronic aircraft systems control functions, the normal
environment of flight crewmembers, and the performance and flight
characteristics of that type of aircraft are realistically simulated;
(b) a flight procedures trainer, which provides a realistic cockpit environment,
and which simulates instrument responses, simple control functions
of mechanical, electrical, electronic, etc. aircraft systems, and the
performance and flight characteristics of aircraft of a particular class;
(c) a basic instrument flight trainer, which is equipped with appropriate
instruments, and which simulates the cockpit environment of an aircraft
in flight in instrument flight conditions;
"system" means one or more types of electronic equipment and ancillary devices
functioning to provide a service;
"system or equipment rating training" means system or equipment knowledge,
attitude and skills leading to recognized competency;
“threat” means events or errors that occur beyond the influence of an operational
person, increase operational complexity and which must be managed to maintain the
margin of safety;
“threat management” means the process of detecting and responding to the threats
with countermeasures that reduce or eliminate the consequences of threats, and mitigate
the probability of errors or undesired aircraft states;
“training programme” means a program that consists of course(s), courseware,
facilities, flight training equipment, and personnel necessary to accomplish a specific
training objective and may include a core curriculum and a specialty curriculum;
“training time” means the time spent receiving from an authorised instructor flight
training, ground training, or simulated flight training in an approved synthetic flight trainer;
and
“Vmc” means minimum control speed with critical engine inoperative.
3. Application
Those Regulations addressing persons licensed under any Part of these Regulations
apply also to any person who engages in an operation governed by any Part of these
Regulations without the appropriate licence, operations specifications, or similar document
required as part of the certification.

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PART II – LICENCES, CERTIFICATION, RATINGS AND AUTHORIZATIONS


4. Licenses and certificates issued
(1) The Authority may issue the following licences and certificates under these
Regulations—
(a) Pilot Licences, including—
(i) Air Traffic Safety Electronics Personnel Licence;
(ii) Student Pilot Licence;
(iii) Private Pilot Licence;
(iv) Commercial Pilot Licence;
(v) Airline Transport Pilot Licence;
(vi) Multi-crew Pilot Licence;
(b) Ground Instructor Licence;
(c) Flight Engineer Licence;
(d) Air Traffic Controller Licence;
(e) Aircraft Maintenance Engineer Licence;
(f) Flight Operations Officer Licence;
(g) Flight Radio Telephony Operator Licence; and
(h) Cabin Crewmember Certificate.
(2) Where the applicant does not meet the specific requirements for the issue of a
particular licence, he shall obtain a student pilot licence to enable him or her fulfil the eligibility
requirements for pilot licence issued under these Regulations.
(3) Personnel licences issued by the Authority shall conform to the specifications
prescribed in the First Schedule.
5. Ratings issuance
(1) The Authority may issue the following ratings for pilots—
(a) Category ratings in the following aircraft—
(i) aeroplane;
(ii) rotorcraft;
(iii) glider;
(iv) free balloon;
(v) powered-lift; and
(vi) airship of a volume of more than 4, 600 cubic metres;
(b) Class ratings in the following aeroplanes:
(i) single-engine, land;
(ii) single-engine, sea;
(iii) multi-engine, land; and
(iv) multi-engine, sea;
(c) Class ratings in the following rotorcraft—
(i) helicopters; and
(ii) gyroplane;
(d) Class ratings in the following lighter-than-air aircraft—
(i) airship; and
(ii) free balloon;
(e) Type ratings in the following aircraft—
(i) aircraft certificated for at least two pilots;
(ii) any aircraft considered necessary by the Authority;

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(iii) helicopters certificated for single-pilot operations and which have


comparable handling, performance and other characteristics;
(iv) powered-lift category;
(f) Instrument ratings in the following aircraft—
(i) instrument-aeroplane;
(ii) instrument-helicopter.
(g) Night rating;
(h) Flight instructor rating;
(i) Ground instructor ratings—
(i) basic;
(ii) advanced;
(iii) instrument.
(2) When the holder of a pilot licence seeks a licence for an additional category
of aircraft, the Authority may endorse the original licence with the new category rating
in accordance with sub regulation (1) and any other requirements prescribed in these
Regulations appropriate to the privileges for which the category rating is sought.
(3) Category ratings shall not be endorsed on a licence when the category is included
in the title of the licence itself.
(4) Any additional category rating endorsed on a pilot licence shall indicate the level of
licensing privileges at which the category rating is granted.
(5) The Authority may place the category, class or type rating on a pilot licence when
issuing that licence, provided the rating reflects the appropriate category, class, or type
of aircraft used to demonstrate skill and knowledge for its issue and the aircraft type is
registered in Kenya.
(6) The Authority may issue the following ratings for flight engineers—
(a) reciprocating engine powered including type rating;
(b) turbo propeller powered including type rating; and
(c) turbojet powered including type rating.
(7) The Authority may issue the following ratings for air traffic controllers—
(a) aerodrome control;
(b) approach control;
(c) approach radar control;
(d) approach precision radar control;
(e) area control; and
(f) area radar control.
(8) The Authority may issue the following categories without type ratings for Aircraft
Maintenance Engineer Licence—
(a) Category A;
(b) Category B1;
(c) Category B2;
(d) Category BC;
(9) The Authority may issue the specific or group type rating for Aircraft Maintenance
Engineer Licence which may be granted for the following specific aircraft or engines—
(a) A1 and B 1.1 - Fixed Wing -Aeroplane Turbine;
(b) A2 and B1.2-Fixed wing - Aeroplane Piston;
(c) A3 and B1.3-Helicopters Turbine;
(d) A4 and B1.4-Helicopters Piston;

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(e) B2 Electronic systems fitted to all aircraft.


(2) The aircraft of which type or group rating is sought shall be of a type enlisted on the
Kenya civil aircraft register.
(3) For an applicant to qualify for a group rating he or she shall have more than two
categories endorsed on the licence.
(4) ATSEP rating classes shall be applicable as set out below—
(a) Class A: Auxilliary Systems;
(b) Class C: Communications;
(c) Class N: Navigation; and
(d) Class S: Surveillance.
(5) The classes in sub-regulation (4) shall consist of the systems, facilities and
equipment as contained in these Regulations.
(6) When the holder of an ATSEP Licence seeks a rating for an additional unit or
equipment in any of the classes in sub regulation (4), the Authority may endorse the original
Licence with the new rating in accordance with regulation 4(1)(i) and other requirements
prescribed in these Regulations appropriate to the privileges for which the rating is sought.
6. Special authorization for non passenger carrying flights
(1) A Contracting State having issued a pilot licence shall not permit the holder of
such licence to act either as pilot-in-command or as co-pilot of an aeroplane, an airship, a
helicopter or a powered-lift unless the holder has received authorization as follows—
(a) the appropriate class rating specified in regulation 5(1)(b); or
(b) a type rating when required in accordance with the provisions of regulation
5(1)(e).
(2) When a type rating is issued limiting the privileges to act as co-pilot, or limiting the
privileges to act as pilot only during the cruise phase of the flight, such limitation shall be
endorsed on the rating.
(3) For the purpose of training, testing, or specific special purpose non-revenue or non-
passenger carrying flights, special authorization may be provided in writing to the licence
holder by the Licensing Authority in place of issuing the class or type rating in accordance
to regulation 22(5).
(4) Subject to sub-regulation (3) authorization shall be limited in validity to the time
needed to complete the specific flight.
7. Authorisations issued
(1) The Authority may issue the following authorisations under these Regulations—
(a) Category II operations;
(b) Category III operations;
(c) flight examiner;
(d) flight engineer instructor;
(e) type rating instructor;
(f) cabin crewmember instructor;
(g) medical examiner; and
(h) aviation repair specialist (ARS).
(2) The Authority may issue the following classes for aviation repair specialists
authorisation—
(a) propellers;
(b) computer;
(c) instrument;
(d) accessory;

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(e) component;
(f) welding;
(g) non-destructive testing; and
(h) any other authorization as determined by the Authority.
8. English language proficiency
(1) holder of a pilot licence, air traffic controller licence, flight engineer licence, flight
radiotelephone operator licence shall demonstrate the ability to speak and understand
English language to the level specified in the language proficiency requirements in the
Second Schedule to these Regulations.
(2) The licensed personnel specified in sub-regulation (1) who demonstrate proficiency
below the Expert Level (Level 6) shall be formally evaluated at intervals in accordance with
an individual's demonstrated proficiency level as follows—
(a) those demonstrating language proficiency at the Operational Level (Level 4)
shall be evaluated once every three years; and
(b) those demonstrating language proficiency at the Extended Level (Level 5)
shall be evaluated once every six years.
9. Duration of licences, certificates, ratings, and authorisations
(1) The Authority shall issue licences with a specific expiry date except as specifically
provided by these Regulations.
(2) Except for an aviation repair specialist authorisation, all authorisations and ratings
issued under these Regulations shall be valid for the term issued by the Authority but in any
case not more than twelve months.
(3) An aviation repair specialist authorisation issued on the basis of employment with a
specified employer, shall be valid for the term of employment of the aviation repair specialist
with that employer.
(4) A Student Pilot Licence shall be valid—
(a) for a holder who is less than forty years of age, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the twenty
four months validity of the holder's Medical Certificate; or
(b) for a holder who is forty years of age or more, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the twelve
months validity of the holder's Medical Certificate.
(5) A Private Pilot Licence with an aeroplane or rotorcraft or glider category rating shall
be valid—
(a) for a holder who is less than forty years of age, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the twenty
four months validity of the holder's Medical Certificate; or
(b) for a holder who is forty years of age or more, from the date the licence is
issued or renewed by the authority for a period of the remainder of the twelve
months validity of the holder's Medical Certificate.
(6) A Commercial Pilot Licence with an aeroplane or rotorcraft category rating shall be
valid—
(a) for a holder who is less than forty years of age, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the twelve
months validity of the holder's Medical Certificate; or
(b) for a holder who is forty years of age or more, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the six
month validity of the holder's Medical Certificate.
(7) An Airline Transport Pilot Licence with an aeroplane or rotorcraft category rating
shall be valid—

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(a) for a holder who is less than forty years of age, from the date the licence is
issued or renewed by the Authority, for a period of the remainder of the twelve
month validity of the holder's Medical Certificate; or
(b) for a holder who is forty years of age or more, from the date the licence is
issued or renewed by the Authority for a period of the remainder of the six
months validity of the holder's Medical Certificate.
(8) An instrument rating is valid for a period of twelve months from the date of the initial
or renewal flight test.
(9) A night rating is valid for a period of twelve months from the date of the initial issue
or renewal of the rating.
(10) Flight Engineer Licence is valid from the date the licence is issued or renewed
by the Authority for a period of the remainder of the twelve month validity of the holder's
Medical Certificate.
(11) Flight Radio Telephony Operator Licence is valid for a period of twenty four months
from the date of issue or renewal.
(12) Flight Operation Officer Licence is valid for a period of twenty four months from the
date of issue or renewal.
(13) A Cabin Crewmember Certificate is valid for twelve months from the date of issue
or renewal.
(14) An Aircraft Maintenance Engineer Licence is valid for a period of twenty four (24)
months from the date of issue or renewal.
(15) A Flight Instructor Rating is valid for a period of twelve months from the date of the
instructor flight test or renewal.
(16) A Ground Instructor Licence is valid for a period of twenty four months from the
date of issue or renewal.
(17) An Air Traffic Controller Licence shall, in the case of a holder who is—
(a) less than forty years of age, be valid from the date the licence is issued or
renewed for a period of the remainder of twenty tour months validity of the
holder's Medical Certificate; or
(b) forty years of age or more, be valid from the date the licence is issued or
renewed for a period of the remainder of twelve months validity of the holder's
Medical Certificate.
(18) The validity of an ATSEP rating shall be thirty six (36) months from the date of
issue or renewal.
10. Competency & recent experience requirements
The Authority shall establish maintenance of competency and recent experience
requirements for pilot licences and ratings based on a systematic approach to accident
prevention and should include a risk assessment process and analysis of current operations,
including accident and incident data appropriate to that State.
11. Validity of licences
(1) A holder of a licence shall not exercise the privileges granted by that licence, or by
related ratings, unless the holder maintains competency and meets the requirements for
recent experience established by the Authority.
(2) The Authority shall ensure that other Contracting States are able to confirm the
validity of the licence.
(3) The maintenance of competency of flight crewmembers engaged in commercial
air transport operations may be satisfactorily established by demonstration of skill during
proficiency flight checks completed in accordance with these Regulations.
(4) Maintenance of competency may be satisfactorily recorded in the operator's records
and in the flight crewmember's personal logbook.

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(5) A flight crewmember may, in lieu of maintaining competency in an aircraft,


demonstrate continuing competency in synthetic flight training devices approved by the
Authority.
(6) A report of medical fitness obtained in accordance with these Regulations shall be
submitted to the Authority at intervals of not more than—
(a) twenty four months for the Private Pilot Licence for aeroplane;
(b) twenty four months for the Private Pilot Licence for helicopter or gyroplane;
(c) twenty four months for the Private Pilot Licence for airship or balloon;
(d) twenty four months for the Private Pilot Licence for glider;
(e) twelve months for the Commercial Pilot Licence for aeroplane;
(f) twelve months for the Commercial Pilot Licence for helicopter or gyroplane;
(g) twelve months for the Commercial Pilot Licence for airship or balloon;
(h) twelve months for the Airline Transport Pilot Licence for aeroplane;
(i) twelve months for the Multi-crew Pilot Licence for aeroplane;
(j) twelve months for the Airline Transport Pilot Licence for helicopter;
(k) twelve months for the flight engineer licence;
(l) twenty four months for the air traffic controller licence; and
(m) twelve months for the cabin crew certificate.
(7) When a holder of an Airline Transport Pilot Licence for aeroplane and helicopter has
passed his fortieth birthday, the twelvemonth interval period specified in sub-regulation (6)
shall be reduced to six months.
(8) When the holders have passed their fortieth birthday, the twenty four month interval
specified in sub-regulation (6) for the PPLaeroplane, helicopter, gyroplane, glider, airship,
balloon and air traffic controller licence shall be reduced to twelve months and the twelve
month interval specified in sub-regulation (6) for the CPL: aeroplane, helicopter, gyroplane,
airship and balloon shall be reduced to six months.
(9) A licence or certificate issued by the Authority shall not be valid unless the holder
of the licence or certificate has signed his name on the licence or certificate in ink with the
holder's ordinary signature.
12. Decrease in medical fitness
(1) A holder of a licence provided for in these Regulations shall not exercise the
privileges of his licence and related ratings at any time when the holder is aware of any
decrease in his medical fitness which might render the holder unable to safely and properly
exercise these privileges.
(2) A licence holder shall inform the Authority of confirmed pregnancy or any decrease
in medical fitness of a duration of more than 20 (twenty) days or which requires continued
treatment with prescribed medication or which requires hospital treatment.
(3) The Authority shall suspend the medical certificate of a licence holder during any
period in which the Authority becomes aware that the licence holder's medical fitness has,
from any cause, decreased to an extent that would have prevented the issue or renewal of
the licence holder's Medical Certificate.
(4) The suspension referenced in sub-regulation (3) shall continue until the end of the
period of the decrease in medical fitness, or until the expiration of the medical certificate,
whichever comes first.
(5) A licence holder shall not exercise the privileges of his licence and related ratings
during any period in which the holder's medical fitness has, from any cause, decreased to
an extent that would have prevented the issue or renewal of the licence holder's Medical
Certificate.
13. Deferral of medical examination

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(1) The prescribed re-examination of a licence holder operating in an area distant from
designated medical examination facilities may be deferred at the discretion of the Authority,
provided that such deferment shall only be made as an exception and shall not exceed—
(a) a single period of six months in the case of a flight crewmember of an aircraft
engaged in non-commercial operations;
(b) two consecutive periods each of three months in the case of a flight
crewmember of an aircraft engaged in commercial operations, provided that
in each case, a favourable medical report is obtained after examination by a
medical examiner designated by the contracting state in which the applicant
is situated; or
(c) in the case of a private pilot, a single period not exceeding twelve months
where the medical examination is carried out by an examiner designated by
the Contracting State in which the applicant is situated.
(2) For a deferral granted under sub-regulation (1) (b) and (c), a report of the medical
examination shall be sent to the Authority for the licence to be renewed.
14. Extension of validity of medical certificate.
The period of validity of a medical certificate may be extended at the discretion of the
Authority, for up to 45 days.
15. Curtailment of privileges of pilots
(1) Subject to sub-regulation (2) and (3) a person shall not act as a pilot in command of
an aircraft engaged in international commercial air transport operations if that person has
attained his 60th birthday.
(2) A person shall not act as a pilot in command or co-pilot of a multi-crew aircraft
engaged in international commercial air transport operations when he has attained his 65th
birthday and the other pilot has attained his 60th birthday.
(3) A person shall not act as a pilot in command or co-pilot of an aircraft of maximum
certificated take-off mass of over 5,700 kilograms, engaged in commercial air transport
operations within Kenya if that person has attained his 65th birthday.
(4) A holder of a pilot licence who has attained the age of 65 years shall not act as a
pilot of an aircraft engaged in commercial air transport operations.
(5) A holder of a Commercial Pilot Licences or ATPL with flight instructor rating may
continue exercising the privileges of the flight instructor rating after attaining the age of 65
years provided that person holds a valid class one medical certificate.
PART III—VALIDATION AND CONVERSION OF FOREIGN FLIGHT
CREW LICENCES AND RECOGNITION OF MILITARY QUALIFICATIONS
16. General requirements for validation
(1) A person who holds a current and valid pilot licence issued by another Contracting
State in accordance with International Civil Aviation Organization Annex 1 may apply for a
validation of such licence for use on an aircraft registered in Kenya.
(2) The applicant for the validation certificate shall present to the Authority—
(a) the foreign licence and evidence of the experience required by presenting the
record in the personal flying logbook;
(b) evidence that he holds a current medical certificate issued by the Contracting
State; and
(c) evidence of language proficiency in English as specified in the Second
Schedule to these Regulations or shall demonstrate to the Authority the
English language proficiency skills.
(3) The Authority may allow the applicant to use his foreign medical certificate with
the validation certificate provided that the medical certification requirements on which the

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foreign medical certificate was issued meet the requirements of these Regulations, relevant
to the licence held.
(4) The Authority shall verify the authenticity of the licence, ratings and the medical
certificate by contacting the State that issued the licence prior to the issuance of the
validation certificate.
(5) The Authority may issue a validation certificate which shall be valid for one year,
provided the foreign licence, ratings and the medical certificate remain valid.
17. Validation certificate with PPL privileges
Subject to the requirements under regulation 16 above, the applicant for the validation
certificate with Private Pilot Licence privileges shall have a foreign licence with at least
Private Pilot Licence privileges.
18. Validation certificate with PPL/IR, CPL, CPL IR, MPL, ATPL or FF
privileges
(1) Subject to the requirements in regulation 17, the applicant for a validation certificate
for either a Private Pilot Licence/Instrument Rating, Commercial Pilot Licence, Commercial
Pilot Licence/ Instrument Rating, Multi-crew Pilot Licence, Airline Transport Pilot Licence or
Flight Engineer privileges, shall have the relevant foreign licence and meet the following
requirements—
(a) except for ferry flight or test flight or as the Authority may decide or
demonstrate, to the satisfaction of the Authority and relevant to the licence
to be validated, knowledge of—
(i) Air Law;
(ii) Meteorology;
(iii) Operational procedures; and
(iv) Radiotelephony;
(b) complete a skill test for the relevant licence and ratings that he or she wants
to be validated, relevant to the privileges of the licence held.
(2) The Authority shall not place upon a certificate of validation privileges beyond those
granted by a foreign licence.
(3) An applicant for a certificate of validation shall use only one foreign licence as a
basis for obtaining a certificate of validation.
(4) A person who receives a certificate of validation under this regulation shall—
(a) be limited to the privileges placed on the certificate;
(b) be subject to the limitations and restrictions on the certificate and foreign
licence when exercising the privileges of that certificate in an aircraft
registered in the state; and
(c) not exercise the privileges of the certificate when the person's foreign licence
has been revoked and suspended.
19. Recognition of military or former military flight crew qualifications.
(1) Except for a rated military or former military pilot or flight engineer who has been
removed from flying status for lack of proficiency, or because of disciplinary action involving
aircraft operations, a rated military or former military pilot or flight engineer who meets the
requirements of this regulation may apply, on the basis of the pilot's or flight engineer's
military training, for—
(a) Private Pilot licence, Commercial Pilot Licence or Flight Engineer Licence;
(b) an aircraft rating in the category and class of aircraft for which that military
pilot or flight engineer is qualified;
(c) an instrument rating with the appropriate aircraft rating for which that military
pilot is qualified; and

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(d) a type rating, if appropriate.


(2) Subject to Regulations 21 and 23 of these Regulations, the Authority may issue
to a rated military or former military pilot or flight engineer, an aircraft category, class, or
type rating to a flight crew if that flight crew presents documentary evidence that shows
satisfactory accomplishment of—
(a) a military pilot and instrument proficiency check of Kenya in the aircraft type
he is rated within twelve months preceding the date of application;
(b) at least ten hours of pilot in command time in that aircraft category, class, or
type, if applicable, within the twelve months preceding the date of application;
(c) a military flight engineer proficiency check in the aircraft type the flight
engineer is rated within twelve months preceding the date of application; and
(d) at least ten hours of flight time in the aircraft type the flight engineer is rated
within twelve months preceding the date of application.
(3) A rated military pilot or former rated military pilot may apply for an aeroplane or
helicopter instrument rating to be added to the pilot's Commercial Pilot Licence if the pilot
has, within the twelve month preceding the date of application—
(a) passed an instrument proficiency check by the military in the aircraft category
and class for the instrument rating sought; and
(b) received authorisation from the military to conduct instrument flight rules
flights on airways in that aircraft category and class for the instrument rating
sought.
(4) The Authority shall issue an aircraft type rating only for aircraft types that the Authority
has certified for civil operations and are registered in Kenya.
(5) The Authority may accept the following documents as satisfactory evidence of
military pilot or flight engineer status—
(a) an official identification card issued to the pilot or flight engineer by a military
force to demonstrate service in the military;
(b) an original or a copy of a certificate of discharge or release from the military;
(c) at least one of the following—
(i) an order of military flight status as a military pilot or flight engineer; or
(ii) an order showing that the applicant graduated from a pilot or flight
engineer school and received a rating as a military pilot or flight
engineer.
(d) a certified military logbook or form showing military pilot and flight engineer
status and a summary to demonstrate flight time in military aircraft;
(e) an official record of a military designation as pilot in command; or
(f) an official record of satisfactory accomplishment of an instrument proficiency
check within the twelve months before the date of the application.
20. Conversion of Kenyan Military Pilots Qualification
(1) A person who holds a current Kenyan Military pilot Category A, B, C and D
qualification may apply and be issued with a Kenyan Private Pilot Licence or Commercial
Pilot Licence with the appropriate ratings, if that person—
(a) has a licence which is not under an order of revocation or suspension;
(b) meets the minimum flying experience under these Regulations;
(c) holds a valid Medical Certificate issued by Kenya Military; and
(d) demonstrates the ability to read, speak, write, and understand the
English language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations.

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(2) An applicant for a pilot licence under this regulation shall submit to the Authority his
personal military flying log book or any other equivalent document that has been certified
by the base commander.
(3) The applicant shall be required to have met the applicable aeronautical experience
requirements for the licence or rating sought.
(4) In addition to the requirements of sub-regulations (1), (2) and (3) the applicant shall
be required to pass—
(a) for Commercial Pilot Licence—
(i) an examination for the Class I Medical Certificate;
(ii) the composite paper comprising of air law, meteorology, aircraft
general knowledge, flight planning, radio aids, navigation, flight
performance and planning, human performance, operational
procedures, principles of flight; and
(iii) the initial instrument rating flight test if the rating is to be included in
the licence;
(b) for Private Pilot Licence—
(i) an examination for the Class 2 Medical Certificate;
(ii) the composite paper comprising of air law, Meteorology, Aircraft
General Knowledge, Flight Planning, Radio Aids, Navigation,
Flight Performance and Planning, Human Performance, Operational
Procedures, Principles of flight and radiotelephony knowledge and
Meteorology;
(5) An applicant for a Commercial Pilot Licence shall not be eligible for grant of a
licence unless there is, included in the aircraft rating , either pilot-in-command or co-pilot
respectively.
(6) The Authority may consider a military type rating qualification for the purpose of
conversion of Commercial Pilot Licence if—
(a) the aircraft type is endorsed and certified in the applicants military personal
logbook;
(b) the pilot is currently on the aircraft type; and
(c) the type of aircraft is registered in Kenya.
(7) An applicant for conversion who fails the knowledge test in three consecutive
attempts shall be disqualified from further testing until a period of one month has elapsed
from the date on which the last test was made.
(8) The Authority shall prescribe the minimum passing grade for the knowledge test.
(9) The applicant shall be required to have passed the composite paper for conversion
of a Kenyan military pilot qualification within a period of six months preceding the date of
the application for the licence.
21. Conversion of foreign pilot licences
(1) A person who holds a current pilot licence issued by another Contracting State may
apply and be issued an equivalent licence with the appropriate ratings, if the applicant—
(a) has a licence which is not under an order of revocation or suspension by the
country that issued the licence;
(b) meets all the Authority's standards for that licence;
(c) holds a valid Medical Certificate issued by the contracting State that issued
the licence; and
(d) demonstrates the ability to read, speak, write, and understand the
English language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations.

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(2) An applicant for a pilot licence under this regulation shall submit his licence
and Medical Certificate in the English language or accompanied by an English language
translation certified by a sworn translator and both must be signed by an official or
representative of the foreign authority that issued the licence and all documents submitted
under this sub-regulation must be notarized by a notary public or his equivalent in the state
of origin.
(3) The applicant shall meet the applicable aeronautical experience requirements.
(4) In addition to the requirements of sub-regulations(1), (2) and (3), the applicant is
required to pass—
(a) for Airline Transport Pilot Licence or Multi-crew Pilot Licence—
(i) the Class I Medical Certificate;
(ii) the composite paper comprising of air law, Meteorology, Aircraft
General Knowledge, Flight Planning, Radio Aids, Navigation,
Flight Performance and Planning, Human Performance, Operational
Procedures, Principles of flight and radiotelephony knowledge; and
(iii) an initial instrument rating flight test;
(b) for Commercial Pilot Licence—
(i) an examination for the Class 1 Medical Certificate;
(ii) the composite paper comprising of air law, Meteorology, Aircraft
General Knowledge, Flight Planning, Radio Aids, Navigation,
Flight Performance and Planning, Human Performance, Operational
Procedures, Principles of Flight and Radiotelephony knowledge; and
(iii) the initial instrument rating flight test if the rating is to be included in
the licence;
(c) for Private Pilot Licence—
(i) an examination for the Class 2 Medical Certificate;
(ii) the composite paper comprising of air law, Meteorology, Aircraft
General Knowledge, Flight Planning, Radio Aids, Navigation,
Flight Performance and Planning, Human Performance, Operational
Procedures, Principles of Flight and Radiotelephony knowledge and
Meteorology;
(d) for lighter-than-air: as in (b) or (c) as appropriate except for Medical Certificate
where in this case it is Class 2.
(5) An applicant for a Commercial Pilot Licence or Airline Transport Pilot Licence or
Multi-crew Pilot Licence shall not be eligible for grant of a licence unless there is included
in the licence an aircraft type rating for either pilot-in-command or co-pilot respectively.
(6) The Authority may transfer a type rating from a foreign licence for the purpose of
conversion of Commercial Pilot Licence or Airline Transport Pilot Licence or Multi-crew Pilot
Licence provided—
(a) the aircraft type is endorsed on a foreign licence;
(b) the pilot is current on the aircraft type; and
(c) the type of aircraft is registered in Kenya.
(7) An applicant for conversion who fails the knowledge test in three consecutive
attempts shall be disqualified for further testing until a period of one month has elapsed from
the date on which the last test was made.
(8) The Authority shall prescribe the minimum passing grade for the knowledge test.
(9) The applicant shall be required to have passed the composite paper for conversion
of a foreign licence within a period of six months preceding the date of the application for
the licence.
(10) The Authority shall verify the authenticity of the foreign licence, ratings and
authorisations presented for conversion with the State of issuance.

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22. Conversion of flight engineer licence


(1) person who holds a current flight engineer licence issued by another Contracting
State may apply and be issued with an equivalent licence with the appropriate ratings, if
that person—
(a) has a licence which is not under an order of revocation or suspension by the
country that issued the licence;
(b) holds a licence which meets all the Authority's standards for that licence;
(c) holds a valid Medical Certificate Class 1 issued by the Contracting State that
issued the licence; and
(d) demonstrates the ability to read, speak, write, and understand the
English language in accordance with the language proficiency requirements
contained in the First Schedule to these Regulations.
(2) An applicant for a flight engineer licence pursuant to this regulation shall submit
the licence and Medical Certificate in the English language or accompanied by an English
language translation certified by a sworn translator and both must be signed by an official
or representative of the foreign authority that issued the licence. All documents submitted
under this sub-regulation must be notarized by a notary public or his equivalent in the state
of origin.
(3) The applicant shall meet the applicable aeronautical experience requirements.
(4) In addition to the requirements of sub-regulations(1), (2) and (3) the applicant shall
be required to pass—
(a) an examination for the Medical Certificate Class 1; and
(b) the composite paper comprising of Kenya air law, Meteorology, Aircraft
General Knowledge, Flight Performance and Planning, Human Performance,
Operational Procedures, Principles of Flight and Radiotelephony.
(5) The Authority may transfer a type rating from a foreign licence for the purpose of
conversion of flight engineer licence if—
(a) the aircraft type is endorsed on a foreign licence;
(b) the flight engineer is currently on the aircraft type; and
(c) the type of aircraft is registered in Kenya.
(6) The applicant for conversion who fails the knowledge test in three consecutive
attempts shall be disqualified from further testing until a period of one month has elapsed
from the date on which the last test was made.
(7) The Authority shall prescribe the minimum passing grade for the knowledge test.
(8) The applicant shall be required to have passed the composite paper for conversion
of a foreign licence within a period of six months preceding the date of the application for
the licence.
(9) The Authority shall verify the authenticity of the foreign licence, ratings and
authorisations presented for conversion with the State of issuance.
PART IV — VALIDATION, CONVERSION OF FOREIGN AIRCRAFT
MAINTENANCE ENGINEER LICENCES AND RATINGS AND
RECOGNITION OF ENGINEER MILITARY QUALIFICATIONS.
23. Validation of Aircraft Maintenance Engineer Licence (AMEL)
(1) person who holds a current and valid Aircraft Maintenance Engineer Licence issued
by another Contracting State may apply for and may be issued a certificate of validation with
the appropriate rating, if the applicant—
(a) holds a licence which is not under an order of revocation or suspension by
the country that issued the licence;
(b) holds a licence that does not contain an endorsement stating that the
applicant has not met all of the standards of the Authority for that licence; and

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(c) does not currently hold a licence issued by the Authority.


(2) The Authority may place upon a certificate of validation privileges not beyond those
granted by a foreign licence.
(3) A person who receives a certificate of validation under this Regulation shall—
(a) be limited to the privileges placed on the certificate;
(b) be subject to the limitations and restrictions on the certificate and the foreign
Aircraft Maintenance Engineer Licence when exercising the privileges of that
certificate on an aircraft registered in Kenya; and
(c) not exercise the privileges of the certificate when the person's foreign licence
has been revoked or suspended.
(4) An applicant for a certificate of validation shall present to the Authority the foreign
licence and evidence of the experience required by presenting a valid record.
(5) The certificate of validation shall be valid for a maximum of six months, provided the
foreign licence or in the case of a continuing licence, the rating remains valid.
(6) An applicant for a certificate of validation shall pass a knowledge test in air law
relevant to the licence to be validated.
(7) The Authority shall verify the authenticity of the foreign licence, ratings and
authorisations presented for validation with the State of issuance.
24. Conversion of foreign Aircraft Maintenance Engineer Licence (AMEL)
(1) A person who holds a current Aircraft Maintenance Engineer Licence issued
by another Contracting State may apply and be issued an equivalent licence with the
appropriate ratings if the following requirements are met—
(a) the applicant has a licence which is not under an order of revocation or
suspension by the country that issued the licence;
(b) an applicant for an Aircraft Maintenance Engineer Licence under this
regulation shall submit the licence in the English language or accompanied
by an English language translation;
(c) the applicant shall present a minimum of four years Aircraft Maintenance
Engineer experience.
(2) In addition to the requirements of sub-regulations (1) the applicant shall pass a skill
test and knowledge test in—
(a) air law;
(b) applicable Airworthiness requirements governing certification and continuing
airworthiness;
(c) approved maintenance organizations and procedures;
(d) composite exam containing; Human performance, Natural Science, Aircraft
general knowledge, Aircraft Engineering, Aircraft Maintenance.
(3) The Authority may transfer a type rating from a foreign licence for the purpose of
conversion of Aircraft Maintenance Engineer Licence if—
(a) the aircraft type is endorsed on a foreign licence;
(b) that applicant is currently on the aircraft type; and
(c) the type of aircraft is registered in Kenya.
(4) The Authority may transfer a type rating from a foreign licence for the purpose of
conversion of Aircraft Maintenance Engineer Licence if—
(a) the aircraft type is endorsed on a foreign licence;
(b) that applicant is current on the aircraft type; and
(c) the type of aircraft is registered in Kenya.
(5) An applicant for conversion who fails the knowledge test shall be disqualified from
further testing until after a proven practical experience of one month is gained.

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(6) The Authority shall prescribe the minimum passing grade for the knowledge test.
(7) The Authority shall verify the authenticity of the foreign licence, ratings and
authorisations presented for conversion with the state of issue.
(8) The Authority shall only convert ratings on the foreign licence together with the
conversion of a licence.
25. Recognition of Kenyan military aircraft maintenance personnel
qualifications
(1) A Kenyan military aircraft maintenance personnel may apply to the Authority for
issue of Aircraft Maintenance Engineer Licence without type rating on the basis of his or
her military qualifications.
(2) An applicant for an Aircraft Maintenance Engineer Licence under these Regulations
shall submit to the Authority—
(a) personal military aircraft maintenance records that have been certified by the
base commander;
(b) evidence of not less than six (6) years experience in aircraft maintenance
of which at least six months experience must have been acquired within the
twelve months preceding the application; and
(c) a certificate, diploma or such other document showing proof of training in
aircraft maintenance.
(3) the Authority is satisfied that the applicant meets the conditions in sub-regulations (2),
the Authority shall require the applicant to demonstrate the knowledge and skill requirements
for Aircraft Maintenance Engineer Licence stipulated in these Regulations.
PART V —GENERAL REQUIREMENTS: TESTING AND TRAINING
FOR PILOT LICENCES, RATINGS AND AUTHORISATIONS
26. Knowledge test: prerequisites and passing grades
(1) An applicant for a knowledge test shall have—
(a) received an endorsement from an authorised instructor certifying that the
applicant has accomplished a ground training required by these Regulations
for the licence or rating sought and is prepared for the knowledge test; and
(b) proper identification at the time of taking the test that includes the applicant's

(i) photograph;
(ii) name;
(iii) signature;
(iv) date of birth, which shows that the applicant meets or will meet the
age requirements of these Regulations for the licence sought before
the expiry date of the applicant's knowledge test report; and
(v) mailing address.
(2) The Authority shall specify the minimum passing grade for the knowledge test.
(3) The validity of the knowledge test results for an applicant for a pilot licence shall
be as follows—
(a) for Private Pilot Licence - six months after passing the test;
(b) for Commercial Pilot Licence - eighteen months after passing the test; and
(c) for Airline Transport Pilot Licence - five years after passing the test; and
(d) for Multi-crew Pilot Licence — five years after passing the test.
27. Practical tests: prerequisites for flight crew
(1) To be eligible for a practical test, an applicant shall meet all applicable requirements
for the licence or rating sought.

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(2) If an applicant for a practical test does not—


(a) complete all increments of a practical test for a licence or rating in one day,
that applicant shall complete all remaining increments of the test not more
than sixty days after that date; and
(b) satisfactorily complete all increments of the practical test for a licence or a
rating within sixty days after beginning the test, that applicant shall retake the
entire practical test, including those increments satisfactorily completed.
(3) Except as provided in sub-regulation (4), to be eligible for a practical test for a licence
or rating issued under these Regulations, an applicant for a practical test shall—
(a) pass the required knowledge test for the type rating within six months
preceding the month the applicant completes the practical test;
(b) present the knowledge test report at the time of application for the practical
test, if a knowledge test is required;
(c) have satisfactorily accomplished the required training and obtained the
aeronautical experience prescribed by these Regulations for the licence or
rating sought;
(d) meet the prescribed age requirement of these Regulations for the issue of the
licence or rating sought; and
(e) have an endorsement in the applicant's logbook or training record that has
been signed by an authorised instructor who certifies that the applicant:
(i) has received and logged training time within sixty days preceding the
date of application in preparation for the practical test;
(ii) is prepared for the required practical test; and
(iii) has demonstrated satisfactory knowledge of the subject areas in which
the applicant was deficient on the knowledge test.
(4) An applicant for an Airline Transport Pilot Licence may take the practical test for that
licence within two years of the expiration of a knowledge test, provided the applicant—
(a) has been continuously employed as a flight crewmember by an Air Operator
Certificate holder from the time the knowledge test expired; and
(b) has satisfactorily accomplished that the Air Operator Certificate holder's
approved—
(i) pilot-in-command aircraft qualification training programme that is
appropriate to the licence; and
(ii) qualification training requirements appropriate to the licence and rating
sought.
28. Practical tests: general requirements for flight crew
(1) The ability of an applicant for a practical test to hold a pilot licence or rating shall be
determined based upon the applicant's ability to safely, during a practical test—
(a) perform the tasks specified in the areas of operation for the licence or rating
sought within the prescribed standards;
(b) demonstrate mastery of the aircraft with the successful outcome of each task
regarding—
(i) Private Pilot Licence and Commercial Pilot Licence licence tests; and
(ii) Airline Transport Pilot Licence and aircraft type rating tests;
(c) demonstrate sound judgement; and
(d) demonstrate single-pilot competence if the aircraft is type certified for single-
pilot operations.
(2) An applicant who fails any area of operation shall have failed the practical test and
is not eligible for a licence or rating sought.
(3) The examiner or the applicant may discontinue a practical test at any time—

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(a) when the applicant fails one or more of the areas of operation; or
(b) due to inclement weather conditions, aircraft airworthiness concerns or any
other safety-of-flight concern.
(4) If a practical test is discontinued, the Authority may give the applicant credit for those
areas of operation already passed, but only if the applicant—
(a) passes the remainder of the practical test within the sixty-day period after the
date the practical test was begun;
(b) presents to the examiner for the retest the original test report or the
discontinuance form prescribed by the Authority as appropriate; and
(c) satisfactorily accomplishes any additional training needed and obtains the
appropriate instructor endorsements, if additional training is required
(5) The validity of the practical test results for applicants for a pilot licence and type
rating shall be six months after passing the test.
29. Practical tests: required aircraft and equipment
(1) Except when permitted to accomplish the entire flight increment of the practical test
in an approved synthetic flight trainer, an applicant for a licence or rating issued under these
Regulations shall provide an aircraft registered in Kenya for each required test that—
(a) is of the category, class, and type, if applicable, applicable to the licence or
rating sought; and
(b) has a certificate of airworthiness.
(2) An applicant for a practical test shall use an aircraft that has—
(a) the equipment for each area of operation required for the practical test;
(b) no prescribed operating limitations that prohibit the aircraft's use in any of the
areas of operation required for the practical test;
(c) except as provided in sub-regulation (5), at least two pilot stations with
adequate visibility for each person to operate the aircraft safely; and
(d) cockpit and outside visibility adequate to evaluate the performance of the
applicant when an additional jump seat is provided for the examiner.
(3) An applicant for a practical test shall use an aircraft, other than a lighter-than-
air aircraft, that has engine power controls and flight controls that arc easily reached and
operable in a conventional manner by both pilots, unless the examiner determines that
the practical test can be conducted safely in the aircraft without the controls being easily
reached.
(4) An applicant for a practical test that involves manoeuvering an aircraft solely by
reference to instruments shall provide an aircraft with—
(a) an equipment that permits the applicant to pass the areas of operation that
apply to the rating sought; and
(b) a device that prevents the applicant from having visual reference outside
the aircraft, but does not prevent the examiner from having visual reference
outside the aircraft, and is otherwise acceptable to the Authority.
(5) An applicant may complete a practical test in an aircraft having a single set of
controls, if—
(a) the examiner agrees to conduct the test;
(b) the test does not involve a demonstration of instrument skills; and
(c) the proficiency of the applicant can be observed by an examiner who is in a
position to observe the applicant.
30. Retesting after failure
(1) An applicant for a knowledge or practical test who fails that test may reapply for the
test only after the applicant has received—

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(a) the necessary training from an authorised instructor who has determined that
the applicant is proficient to pass the test; and
(b) an endorsement from an authorised instructor who gave the applicant the
additional training.
(2) An applicant for a flight instructor licence with an aeroplane category rating or, for a
flight instructor licence with a glider category rating, who has failed the practical test due to
deficiencies in instructional proficiency on stall awareness, spin entry, spins, or spin recovery
shall—
(a) comply with the requirements of sub-regulation (1) before being retested;
(b) bring to the retest an aircraft that is of the appropriate aircraft category for the
rating sought and is certified for spins; and
(c) demonstrate satisfactory instructional proficiency on stall awareness, spin
entry, spins, and spin recovery to an examiner during the retest.
31. Records of training time
(1) A person shall document and record the following time in a manner acceptable to
the Authority—
(a) training and aeronautical experience used to meet the requirements for a
licence, rating, qualification, or authorisation of these Regulations; and
(b) the aeronautical experience required to show recent flight experience
requirements of these Regulations.
(2) For the purposes of meeting the requirements of these Regulations, a person shall
enter the following information for each flight or lesson logged—
(a) general—
(i) date;
(ii) total flight time;
(iii) location where the aircraft departed and arrived, or for lessons in
an approved synthetic flight trainer, the location where the lesson
occurred;
(iv) type and identification of aircraft or approved synthetic flight trainer,
as appropriate;
(v) the name of a safety pilot, if required by the Civil Aviation (Operation
of Aircraft) Regulations; and
(vi) the name of the authorised instructor if required;
(b) type of pilot experience or training—
(i) solo;
(ii) pilot-in-command;
(iii) pilot-in-command under supervision;
(iv) co-pilot;
(v) flight and ground training received from an authorised instructor; and
(vi) training received in an approved synthetic flight trainer from an
authorised instructor;
(c) Conditions of flight—
(i) day or night;
(ii) actual instrument; and
(iii) simulated instrument conditions in flight or in an approved synthetic
flight trainer.
(3) The pilot time described in this regulation may be used to—
(a) apply for a licence or rating issued under these Regulations; or

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(b) satisfy the recent flight experience requirements of the Civil Aviation
(Operation of Aircraft) Regulations.
(4) Except for a student pilot acting as pilot-in-command of an airship requiring more
than one flight crewmember, a pilot may log as solo flight time only that flight time when the
pilot is the sole occupant of the aircraft.
(5) A private or commercial pilot may log pilot-in-command time only for that flight time
during which that person is—
(a) the sole manipulator of the controls of an aircraft for which the pilot is rated;
(b) acting as pilot-in-command of an aircraft on which more than one pilot is
required; or
(c) a sole occupant.
(6) An airline transport pilot may log as pilot-in-command time all of the flight time while
acting as pilot-in-command of an operation requiring an Airline Transport Pilot or Multi Crew
Pilot Licences.
(7) An authorised instructor may log as pilot-in-command time all flight time while acting
as an authorised instructor.
(8) A student pilot may log pilot-in-command time when that student pilot—
(a) is the sole occupant of the aircraft; and
(b) is undergoing training for a pilot licence or rating.
(9) A person may log co-pilot flight time only for that flight time during which that person—
(a) is qualified in accordance with the co-pilot requirements of the Civil Aviation
(Operation of Aircraft) Regulations, and occupies a crewmember station in an
aircraft that requires more than one pilot by the aircraft's type certificate; or
(b) holds the appropriate category, class, and instrument rating if an instrument
rating is required for the flight, for the aircraft being flown, and more than one
pilot is required under the type certification of aircraft.
(10) A person may log instrument flight time only for that flight time when that person
operates the aircraft solely by reference to instruments under actual or simulated instrument
flight conditions.
(11) An authorised instructor may log instrument flight time when conducting instrument
flight instruction in actual instrument flight conditions.
(12) For the purposes of logging instrument flight time to meet the recent instrument
experience requirements of the Civil Aviation (Operation of Aircraft) Regulations, the
following information shall be recorded in a person's logbook—
(a) the location and type of each instrument approach accomplished; and
(b) the name of the safety pilot, if required
(13) An approved synthetic flight trainer may be used by a person to log instrument flight
time, provided an authorised instructor is present during the simulated flight.
(14) A person may log training time when that person receives training from an
authorised instructor in an aircraft or in an approved synthetic flight trainer.
(15) The training time shall be logged in a logbook and shall—
(a) be endorsed in a legible manner by the authorised instructor; and
(b) include a description of the training given, the length of the training lesson,
and the instructor's signature, licence number and licence expiry date.
32. Recording of flight time of a holder of pilot licence
(1) A student pilot or the holder of a pilot licence shall be entitled to be credited in full
with all solo, dual instruction and pilot-in-command flight time towards the total flight time
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(2) The holder of a pilot licence, when acting as co-pilot at a pilot station of an aircraft
certificated to be operated with a co-pilot, shall be entitled to be credited in full with this flight
time towards the total flight time required for a higher grade of pilot licence.
(3) The holder of a pilot licence, when acting as pilot-in-command under supervision,
shall be entitled to be credited in full with this flight time towards the total flight time required
for a higher grade of pilot licence.
33. Limitations on the use of synthetic flight trainer
A person shall not receive credit for use of any synthetic flight trainer for satisfying any
training testing, or checking requirement of this regulation unless the synthetic flight trainer
is approved by the Authority for—
(a) training, testing, and checking for which it is used;
(b) each particular manoeuvre, procedure or crewmember function performed;
and
(c) the representation of the specific category and class of aircraft, type of aircraft,
particular variation within the type of aircraft or set of aircraft for certain flight
training devices.
34. Use of synthetic flight trainers for demonstrations of skill
(1) A use of a synthetic flight trainer used for performing any manoeuvre required during
the demonstration of skill for the issue of a flight crew licence or rating shall be approved by
Authority to ensure that the synthetic flight trainer used is appropriate to the task.
(2) To maintain the competence required by these Regulations, a flight crewmember,
may demonstrate his skills during proficiency flight checks in a synthetic flight trainer
approved under sub regulation (1).
35. General requirements for pilot licences , ratings and authorizations
(1) The Authority may issue to an applicant who cannot comply with certain eligibility
requirements or areas of operations required for the issue of a licence because of physical
limitations, or for other reasons, a licence, rating, or authorisation with appropriate limitations
for operations only within Kenya if—
(a) the applicant is able to meet all other certification requirements for the licence,
rating, or authorisation sought;
(b) physical limitation, if any, has been recorded with the Authority on the
applicant's medical records; and
(c) the Authority determines that the applicant's inability to perform the particular
area of operation shall not adversely affect safety.
(2) The Authority may remove a limitation placed on a person's licence if that person
demonstrates to an examiner or inspector satisfactory proficiency in the area of operation
to which the limitation applies, or otherwise shows compliance with conditions to remove
the limitation, as applicable.
(3) A person shall not act as the pilot in command of an aircraft unless that person holds
the appropriate category, class, and type rating if a class rating, and type rating is required
for the aircraft to be flown, except where the pilot is receiving training for the purpose of
obtaining an additional pilot licence or rating while under the supervision of an authorised
instructor.
(4) Subject to sub regulation (5), a person shall not act as a pilot of an aircraft that is
carrying another person, or is operated for compensation or hire, unless that pilot holds a
category, class, and type rating that applies to the aircraft.
(5) Sub-regulation (4) does not require a category and class rating for an aircraft not
type certified as an aeroplane, rotorcraft, glider, or lighter-than-air aircraft.
(6) A person shall not act as pilot-in-command of a complex aircraft, high-performance
aircraft, or a pressurised aircraft capable of flying 25,000 feet above mean sea level, or an

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aircraft that the Authority has determined requires aircraft type specific training unless the
person has—
(a) received and logged ground and flight training from an authorised instructor in
the applicable aircraft type, or in an approved synthetic flight trainer that is a
representative of that aircraft, and has been found proficient in the operation
and systems of that aircraft; and
(b) received an endorsement in the pilot's logbook from an authorised instructor
who certifies the person is proficient to operate that aircraft.
(7) A person shall not act as pilot-in-command of a tailwheel aeroplane unless that
person has—
(a) received and logged flight training from an authorised instructor in a tailwheel
aeroplane on the manoeuvres and procedures listed in paragraph (b); and
(b) received an endorsement in the person's logbook from an authorised
instructor who is satisfied that the person is proficient in the operation of a
tailwheel aeroplane, to include at least normal and crosswind takeoffs and
landings, wheel landings (unless the manufacturer has recommended against
such landings), and go around procedures .
(8) Approved training for flight crew and air traffic controllers shall be conducted within
an approved training organization;
(9) The requirement of powered-lift category will come into effect from the 15th March,
2022.
PART VI—PILOT LICENCES
Student Pilot Licence

36. Eligibility requirements


(1) To be eligible to receive and log flight instructions, a person must be in possession
of a valid Student Pilot Licence.
(2) To be eligible for issue of Student Pilot Licence, an applicant shall—
(a) be at least sixteen years of age;
(b) able to demonstrate the ability to read, speak, write, and understand the
English language; and
(c) be in possession of a valid Class 2 Medical Certificate issued under these
Regulations.
37. Solo flight requirements
(1) A holder of a Student Pilot Licence shall not operate an aircraft in first solo flight
unless that student has met the requirements of this regulation.
(2) A student pilot shall pass an aeronautical knowledge test on the following subjects —
(a) applicable sections of these Regulations and the Civil Aviation (Operation of
Aircraft) Regulations;
(b) airspace structure and procedures for the airport where the student will
perform solo flight; and
(c) flight characteristics and operational limitations for the make and model of
aircraft to be flown.
(3) The student's authorised instructor shall—
(a) administer the test;
(b) at the conclusion of the test, review all incorrect answers with the student
before authorising that student to conduct a solo flight; and
(c) notify the air traffic services before the student commences such solo flight.
(4) Prior to conducting a solo flight, a student pilot shall have—

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(a) received and logged flight training for the manoeuvres and procedures of this
regulation that are appropriate to the make and model of aircraft to be flown;
(b) demonstrated satisfactory proficiency and safety, as judged by an authorised
instructor, on the manoeuvres and procedures required by this regulation in
the make and model of aircraft or similar make and model of aircraft to be
flown; and
(c) has been judged by an authorized instructor as being able to speak and
understand the English language used for radiotelephony communications,
but shall not be required to comply with the Holistic Descriptors of the Rating
Scale.
(5) A student pilot who is preparing for solo flight shall have received training in English
Language Proficiency and log flight training for the required manoeuvres and procedures,
including the following as applicable, for each category and class rating—
(a) proper flight preparation procedures, including pre-flight planning and
preparation, engine operation, and aircraft systems;
(b) taxing or surface operations, including run-up;
(c) takeoffs and landings, including normal and crosswind;
(d) straight and level flight, and turns in both directions;
(e) climbs and climbing turns;
(f) airport traffic patterns;
(g) radio telephony, airport entry and departure procedures;
(h) collision avoidance, windshear avoidance, and wake turbulence avoidance;
(i) descents, with and without turns, using high and low drag configurations;
(j) flight at various airspeeds from cruise to slow flight;
(k) stall entries from various flight attitudes and power combinations with
recovery initiated at the first indication of a stall, and recovery from a full stall;
(l) emergency procedures and equipment malfunctions;
(m) ground reference manoeuvres;
(n) approaches to a landing area with simulated engine malfunctions;
(o) slips to a landing; and
(p) go-arounds.
(6) holder of student pilot licence who is receiving training for solo flight shall receive and
log flight training for the following additional manoeuvres and procedures, as applicable, as
indicated for each category and class rating—
(a) in a multiengine aeroplane—
(i) proper flight preparation procedures, including pre-flight planning and
preparation, powerplant operation, and aircraft systems;
(ii) taxiing or surface operations, including runups;
(iii) takeoffs and landings, including normal and crosswind;
(iv) straight and level flight, and turns in both directions;
(v) climbs and climbing turns;
(vi) airport traffic patterns, including entry and departure procedures;
(vii) collision avoidance, windshear avoidance, and wake turbulence
avoidance;
(viii) descents, with and without turns, using high and low drag
configurations;
(ix) flight at various airspeeds from cruise to slow flight;

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(x) stall entries from various flight attitudes and power combinations with
recover initiated at the first indication of a stall, and recovery from a
full stall;
(xi) emergency procedures and equipment malfunctions;
(xii) ground reference manoeuvres;
(xiii) approaches to a landing area with simulated engine malfunctions; and
(xiv) go-arounds;
(b) in a helicopter—
(i) approaches to the landing area;
(ii) hovering and hovering turns;
(iii) simulated emergency procedures, including autorotational descents
with a power recovery and power recovery to a hover;
(iv) rapid decelerations; and
(v) simulated one-engine-inoperative approaches and landings for multi-
engine helicopter;
(c) in a gyroplane—
(i) approaches to the landing area;
(ii) high rates of descent with power on and with simulated power-off, and
recovery from those flight configurations; and
(iii) simulated emergency procedures, including simulated power-off
landings and simulated power failure during departures;
(d) in a glider—
(i) the applicable manoeuvres and procedures shown in paragraph (a);
(ii) launches, including normal and crosswind;
(iii) inspection of towline rigging and review of signals and release
procedures;
(iv) aero tow, ground tow, or self-launch procedures;
(v) procedures for disassembly and assembly of the glider;
(vi) slips to a landing;
(vii) procedures and techniques for thermalling; and
(viii) emergency operations, including towline break procedures;
(e) in an airship—
(i) rigging, ballasting, and controlling pressure in the ballonets, and
superheating; and
(ii) landings with positive and with negative static trim;
(f) in a balloon—
(i) layout and assembly procedures;
(ii) ascents and descents;
(iii) landing and recovery procedures;
(iv) operation of hot air or gas source, ballast, valves, vents, and rip panels,
as appropriate;
(v) use of deflation valves or rip panels for simulating an emergency;
(vi) the effects of wind on climb and approach angles; and
(vii) obstruction detection and avoidance techniques.
38. Privileges and Limitations
(1) holder of a Student Pilot Licence shall be entitled to fly as a pilot-in-command of an
aircraft for the purpose of becoming qualified for a grant or renewal of a Pilot's Licence.

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(2) A holder of an Student Pilot Licence shall not act as pilot in command of an aircraft—
(a) that is carrying a passenger;
(b) that is carrying property for compensation or hire;
(c) that is operated for compensation or hire;
(d) in furtherance of a business;
(e) on an international flight;
(f) when the flight cannot be made under visual meteorological conditions as
specified under the Civil Aviation (Rules of the Air and Air Traffic Control)
Regulations; or
(g) in a manner contrary to any limitations placed in the pilot's logbook by an
authorised instructor.
(3) A holder of a Student Pilot Licence shall not act as a required flight crewmember
on any aircraft for which more than one pilot is required by the aircraft type certificate or by
these Regulations under which the flight is conducted, except when receiving flight training
from an authorised instructor on board an airship, and no person other than a required flight
crewmember is carried on the airship.
(4) A holder of a Student Pilot Licence shall not operate an aircraft in solo flight unless
that student pilot has received within the ninety days preceding the date of the flight an
endorsement made in the student's logbook from an authorised instructor for the specific
make and model of aircraft to be flown.
(5) A holder of a Student Pilot Licence shall not act as a pilot-in-command of an aircraft
unless his logbook has been endorsed by an authorised instructor that he is capable of
communicating with air traffic control on radiotelephony.
39. Solo flight cross-country requirements
(1) Except as provided in sub-regulation (4), a holder of a Student Pilot Licence shall
meet the requirements of this regulation before—
(a) conducting a solo cross-country flight, or any flight greater than twenty five
nautical miles from the airport from where the flight originated; or
(b) making a solo flight and landing at any location other than the airport of origin.
(2) Except as provided in subregulation (4), a student pilot who seeks solo cross-country
flight privileges shall—
(a) have received flight training from an authorised instructor on the manoeuvres
and procedures required by this regulation that are appropriate to the make
and model of aircraft for which solo cross-country privileges are sought;
(b) have demonstrated cross-country proficiency on the appropriate manoeuvres
and procedures required by this regulation to an authorised instructor;
(c) have satisfactorily accomplished the pre-solo flight manoeuvres and
procedures required by this regulation in the make and model of aircraft or
similar make and model of aircraft for which solo cross-country privileges are
sought; and
(d) comply with any limitations included in the instructor's endorsement that are
required by sub-regulation (5).
(3) A holder of a Student Pilot Licence who seeks solo cross-country flight privileges
must have received ground and flight training from an authorised instructor on the cross-
country manoeuvres and procedures listed in this regulation that are appropriate to the
aircraft to be flown.
(4) A student pilot shall obtain an endorsement from an authorised instructor to make
solo flights, subject to the following conditions—
(a) student pilot may make solo flights to another airport that is within twenty-
five nautical miles from the airport where the student pilot normally receives
training if—

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(i) the authorised instructor who makes the endorsement gave the
student pilot flight training at the other airport, and that training included
flight in both directions over the route, entering and exiting the traffic
pattern, and takeoffs and landings at the other airport;
(ii) the student pilot has a current solo flight endorsement in accordance
with these regulations;
(iii) the instructor has determined that the student pilot is proficient to make
the flight; and
(iv) the purpose of the flight is to practice takeoffs and landings at that
other airpot.
(b) a student pilot may make repeated specific solo cross-country flights to
another airport that is within fifty nautical miles of the airport from which flight
originated, if—
(i) the authorised instructor who makes the endorsement gave the
student pilot flight training at the other airport, and that training included
flight in both directions over the route, entering and exiting the traffic
pattern, and takeoffs and landings at the other airport;
(ii) the student pilot has a current solo flight endorsement in accordance
with these regulations;
(iii) the instructor has determined that the student pilot is proficient to make
the flight; and
(iv) the purpose of the flight is to practice takeoffs and landings at that
other airport.
(5) Except as specified in sub-regulation (4)(b), a student pilot shall have a solo cross-
country endorsement placed in the student pilot's log book by the authorised instructor who
conducted the training for each make and model aircraft the student will fly on each cross-
country flight.
(6) A student pilot who is receiving training for cross-country flight shall receive and log
flight training in the following manoeuvres and procedures—
(a) in an aeroplane or rotorcraft—
(i) use of aeronautical charts for visual flight rules navigation using
pilotage and dead reckoning with the aid of a magnetic compass;
(ii) use of aircraft performance charts pertaining to cross-country flight;
(iii) procurement and analysis of aeronautical weather reports and
forecasts, including recognition of critical weather situations and
estimating visibility while in flight;
(iv) recognition, avoidance, and operational restrictions of hazardous
terrain features in the geographical area where the student pilot will
conduct cross-country flight;
(v) use of radios for visual flight rules navigation and two-way
communications;
(vi) climbs at best angle and best rate; and
(vii) control and manoeuvring solely by reference to flight instruments,
including straight and level flight, turns, descents, climbs, use of radio
aids, and air traffic control clearances;
(b) in a glider—
(i) the manouvres and procedure specified in subregulation (6)(a), as
applicable;
(ii) landings accomplished without the use of the altimeter from at least
two thousand feet above the surface; and

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(iii) recognition of weather and upper air conditions favourable for cross-
country soaring, ascending flight, descending flight, and altitude
control;
(c) in an airship—
(i) the manoeuvres and procedures specified in subregulation (6)(a), as
applicable;
(iii) control of air pressure with regard to ascending and descending flight
and altitude control;
(iii) control of the airship solely by reference to flight instruments; and
(iv) recognition of weather and upper air conditions conducive for the
direction of cross-country flight.
40. Renewal requirements
A holder of a Student Pilot Licence may apply for renewal of the Licence if the holder
has passed a Class II medical examination.
Private Pilot Licence
41. Eligibility requirements
An applicant for a Private Pilot Licence, shall—
(a) be at least seventeen years of age for a licence other than the operation of
glider or balloon;
(b) be at least sixteen years of age for a licence in a glider or balloon;
(c) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(d) receive an endorsement for the knowledge test from an authorised instructor
who—
(i) conducted the training on the aeronautical knowledge areas listed in
regulation 37, that apply to the aircraft category sought; and
(ii) certified that the person is prepared for the required knowledge test;
(e) be in possession of a valid Class 2 Medical Certificate issued under these
Regulations;
(f) pass the required knowledge test on the aeronautical knowledge areas listed
in regulation 37;
(g) receive flight training and a logbook endorsement from an authorised
instructor who—
(i) conducted the training in the areas of operation listed in regulation 38,
that apply to the aircraft category and class rating sought; and
(ii) certified that the person is prepared for the required practical test;
(h) meet the aeronautical experience requirements of this subpart that apply to
the aircraft category and class rating sought before applying for the practical
test;
(i) pass a practical test on the areas of operation listed in regulation 38 that apply
to the aircraft category and class rating sought; and
(j) comply with the appropriate provisions of these Regulations that apply to the
aircraft category and class rating sought.
42. Aeronautical knowledge requirements PPL
(1) An applicant for a private pilot licence shall have demonstrated a level of knowledge
appropriate to the privileges granted to the holder of such licence and appropriate to the
category of aircraft intended to be included in the licence in at least the following subjects:

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(a) air law—


rules and regulations relevant to the holder of a Private Pilot Licence; rules of
the air; altimeter setting procedures, appropriate air traffic services practices
and procedures for aeroplane, helicopter, powered-lift and airship;
(b) aircraft general knowledge—
(i) principles of operation and functioning of powerplants, systems and
instruments;
(ii) operating limitations of the relevant category of aircraft and
powerplants; relevant operational information from the flight manual
or other appropriate document;
(iii) for helicopter and powered — lift ,transmission (powertrains) where
applicable; and
(iv) for airship, physical properties and application of gases;
(c) flight performance, planning and loading—
(i) effects of loading and mass distribution on flight characteristics; mass
and balance calculations;
(ii) use and practical application of take-off, landing and other
performance data;
(iii) pre-flight and en-route flight planning appropriate to private operations
under visual flight rules; preparation and filing of air traffic services
flight plans; appropriate air traffic services procedures; position
reporting procedures; altimeter setting procedures; operations in
areas of high-density traffic;
(d) human performance human performance including threats and error
management;
(e) meteorology—
application of elementary aeronautical meteorology, use of, and procedures
for obtaining, meteorological information, altimetry; hazardous weather
conditions;
(f) navigation—
practical aspects of air navigation and dead-reckoning techniques; use of
aeronautical charts;
(g) operational procedures—
(i) use of aeronautical documentation such as Aeronautical Information
Publication, NOTAM, aeronautical codes and abbreviations;
(ii) appropriate precautionary and emergency procedures, including
action to be taken to avoid hazardous weather, wake turbulence and
other operating hazards;
(iii) application of threats and error management principles to operational
performance;
(iv) altimeter setting procedures;
(v) in case of the helicopter, and if applicable, powered-lift, settling with
power, ground resonance; retreating blade stall; dynamic roll-over and
other operational hazards; safety procedures, associated with flight in
visual meteorological conditions;
(vi) principles of flight;
(h) radiotelephony—
communication procedures and phraseology as applied to visual flight rules
operations and action to be taken in case of communication failure.

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(3) The aeronautical knowledge areas applicable to any relevant rotorcraft category and
class rating shall include all areas covered under sub-regulation (2) and settling with power,
ground resonance, roll over and other operating hazards.
(4) The aeronautical knowledge areas applicable to any relevant lighter than air category
and class rating shall be as follows—
(a) air law rules and regulations relevant to the holder of a lighter than air
category; rules of the air; appropriate air traffic services practices and
procedures;
(b) aircraft general knowledge—
(i) principles of operation of lighter than aircraft category systems and
instruments;
(ii) operating limitations of lighter than aircraft category relevant
operational information from the flight manual or other appropriate
document;
(iii) physical properties and practical application of gases used in lighter
than aircraft category;
(c) flight performance and planning—
(i) effects of loading on flight characteristics; mass and balance
calculations;
(ii) use and practical application of launching, landing and other
performance data, including the effect of temperature;
(iii) pre-flight and en-route flight planning appropriate to operations under
visual flight rules, appropriate air traffic services procedures; altimeter
setting procedures and operations in areas of high-density traffic;
(d) human performance—human performance relevant to the private pilot
including principles of threat and error management;
(e) meteorology—
application of elementary aeronautical meteorology, use of, and procedures
for obtaining meteorological information and altimetry; hazardous weather
conditions;
(f) navigation—
practical aspects of air navigation and dead- reckoning techniques and use
of aeronautical charts;
(g) operational procedures—
(i) use of aeronautical documentation such as aeronautical information
publication, NOTAM, aeronautical codes and abbreviations;
(ii) appropriate precautionary and emergency procedures, including
action to be taken to avoid hazardous weather, wake turbulence and
other operating hazards;
(iii) application of threat and error management to operational
performance;
(iv) altimeter setting procedures;
(v) safety procedures, associated with flight in VMC;
(h) principles of flight relating to lighter than aircraft category.
43. Flight instruction requirements
(1) An applicant for a Private Pilot Licence shall receive and log ground and flight training
from an authorised instructor on the following areas of operation—
(a) for all categories and class ratings, as applicable—

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(i) pre-flight operations, including mass and balance determination,


aeroplane inspection and servicing;
(ii) aerodrome and traffic pattern operations, collision avoidance
precautions and procedures;
(iii) control of the aeroplane by external visual reference;
(iv) flight at critically slow airspeeds, recognition of, and recovery from,
incipient and full stalls;
(v) flight at critically high airspeeds, recognition of, and recovery from,
spiral dives;
(vi) normal and cross-wind take-offs and landings;
(vii) maximum performance (short field and obstacle clearance) take-offs and
short-field landings;
(viii) flight by reference solely to instruments, including the completion of a level
180° turn;
(ix) cross-country flying using visual reference, dead reckoning and, where
available, radio navigation aids;
(x) emergency operations, including simulated aeroplane equipment
malfunctions; and
(xi) operations to, from and transiting controlled aerodromes, compliance with air
traffic services procedures;
(xii) recognize and manage threats and errors;
(xiii) communication procedures and phraseology;
(b) for aeroplane category rating, with a multi engine class rating the areas
covered in paragraph (a) and in addition the following requirements—
(i) emergency operations; including the applicant's knowledge and
performance of the following tasks—
(aa) emergency descent;
(bb) engine failure during take-off before visual meteorological
conditions;
(cc) engine failure after lift-off (simulated);
(dd) approach and landing with an inoperative engine (simulated);
and
(ii) multi-engine operations; including the applicant's knowledge and
performance of the following tasks—
(aa) manoeuvring with one engine inoperative;
(bb) visual meteorological conditions demonstration; and
(cc) engine failure during flight (by reference to instruments);
(c) for rotorcraft category rating with a helicopter class rating the areas covered
in paragraph (a) and in addition the following—
(i) control of the helicopter by external visual reference;
(ii) recovery at the incipient stage from settling with power; recovery
techniques from low-rotor rpm within the normal range of engine
revolutions per minute;
(iii) ground manoeuvring and run-ups; hovering; take-offs and landings —
normal, out of wind and sloping ground;
(iv) take-offs and landings with minimum necessary power; maximum
performance take-off and landing techniques; restricted site
operations; quick stops;
(v) cross-country flying using visual reference, dead reckoning and, where
available, radio navigation aids, including a flight of at least one hour;

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(vii) emergency operations, including simulated helicopter equipment


malfunctions; autorotative approach and landing;
(d) for rotorcraft category rating with a gyroplane class rating the areas covered
in paragraph (a) and in addition flight at slow airspeeds;
(e) for rotocraft category, the applicant should have received dual instrument
flight instruction from an authorized flight instructor and the instructor shall
ensure that the applicant has operational experience in flight by reference
solely to instruments, including the completion of a level 180° turn, in a
suitably instrumented helicopter;
(f) for glider category rating the following areas—
(i) pre-flight operations, including glider assembly and inspection;
(ii) techniques and procedures for the launching method used, including
appropriate airspeed limitations, emergency procedures and signals
used;
(iii) traffic pattern operations, collision avoidance precautions and
procedures;
(iv) control of the glider by external visual reference;
(v) flight throughout the flight envelope;
(vi) recognition of, and recovery from, incipient and full stalls and spiral
dives;
(vii) normal and cross-wind launches, approaches and landings;
(viii) cross-country flying using visual reference and dead reckoning; and
(ix) emergency procedures;
(f) for lighter-than-air category and class rating the following areas—
(i) pre-flight operations, including glider assembly and inspection;
(ii) techniques and procedures for the launching method used, including
appropriate airspeed limitations, emergency procedures and signals
used;
(iii) traffic pattern operations, collision avoidance precautions and
procedures;
(iv) control of the glider by external visual reference;
(v) flight throughout the flight envelope;
(vi) recognition of, and recovery from, incipient and full stalls and spiral
dives;
(vii) normal and cross-wind launches, approaches and landings;
(viii) cross-country flying using visual reference and dead reckoning; and
(ix) emergency procedures;
(g) for lighter-than-air category and class rating the following areas—
(i) pre-flight operations, including balloon assembly, rigging, inflation,
mooring and inspection;
(ii) techniques and procedures for the launching and ascent, including
appropriate limitations, emergency procedures and signals used;
(iii) collision avoidance precautions;
(iv) control of a free balloon by external visual reference;
(v) recognition of, and recovery from, rapid descents;
(vi) cross-country flying using visual reference and dead reckoning;
(vii) approaches and landings, including ground handling; and
(viii) emergency procedures.

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(h) for powered-lifts category rating, operational experience in the following areas

(i) recognize and manage threats and errors;
(ii) pre-flight operations, including mass and balance determination,
powered-lift inspection and servicing;
(iii) aerodrome and traffic pattern operations, collision avoidance
precautions and procedures;
(iv) control of the powered-lift by external visual reference;
(v) ground manoeuvring and run-ups; hover and rolling take-offs and
climb-out; hover and rolling approach and landings — normal, out of
wind and sloping ground;
(vi) take-offs and landings with minimum necessary power;
(vii) maximum performance take-off and landing techniques;
(viii) restricted site operations; quick stops;
(ix) flight by reference solely to instruments, including the completion of a
level 180° turn;
(x) recovery at the incipient stage from settling with power; recovery
techniques from low-rotor rpm within the normal range of engine
revolutions per minute;
(xi) cross-country flying using visual reference, dead reckoning and, where
available, radio navigation aids, including a flight of at least one hour;
(xii) emergency operations, including simulated powered lift equipment
malfunctions; power of reconversion to autorotation and autorotative
approach, where applicable;
(xiii) transmission and interconnect driveshaft failure, where applicable;
(xiv) operations to from and transiting controlled aerodromes, compliance
with air traffic services procedures; and
(xv) communication procedures and phraseology.
(2) Subject to sub-regulation ( I )(c), the applicant shall be required to receive not less
than 20 hours of dual instruction time in helicopters from an authorized flight instructor.
(3) The instructor shall ensure that the applicant has operational experience in at least
the following areas to the level of performance required for the private pilot—
(a) recognize and manage threats and errors;
(b) pre-flight operations, including mass and balance determination, helicopter
inspection and servicing;
(c) aerodrome and traffic pattern operations, collision avoidance precautions and
procedures;
(d) control of the helicopter by external visual reference;
(e) recovery at the incipient stage from settling with power; recovery techniques
from low-rotor rpm within the normal range of engine revolutions per minute;
(f) ground manoeuvring and run-ups; hovering; take-offs and landings — normal,
out of wind and sloping ground;
(g) take-offs and landings with minimum necessary power; maximum
performance take-off and landing techniques; restricted site operations; quick
stops;
(h) cross-country flying using visual reference, dead reckoning and, where
available, radio navigation aids, including a flight of at least one hour;
(i) emergency operations, including simulated helicopter equipment
malfunctions; autorotative approach;

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(j) operations to, from and transiting controlled aerodromes, compliance with air
traffic services procedures; and
(k) communication procedures and phraseology.
44. Aeronautical experience and skill requirements for PPL
(1) An applicant for a Private Pilot Licence with an aeroplane category rating shall have
completed—
(a) for a single engine class rating for each category rating sought—
(i) not less than 40 hours of flight time as pilot of aeroplanes, a total of 5
hours may have been completed in a synthetic flight trainer; and
(ii) not less than 10 hours of solo flight time under the supervision of
an authorized flight instructor, including 5 hours of solo cross-country
flight time with at least one cross-country flight totalling not less than
270 kilometers (150 nautical miles) in the course of which full-stop
landings at two different aerodromes shall be made;
(b) for a multi engine class rating for each category sought, in addition to the
requirements of paragraph (a)—
(i) not less than 10 hours under the supervision of an authorised flight
instructor in the category sought; and
(ii) pass a practical skill test on multi-engine aircraft as specified in
regulation 29.
(2) An applicant for a Private Pilot Licence with a rotorcraft category rating shall have
completed, for a single engine rotorcraft type rating—
(a) not less than 40 hours of flight time or 35 hours if completed during a course
of approved training as pilot of rotorcraft, a total of 5 hours may have been
completed in a synthetic flight trainer; and
(b) not less than 10 hours of solo flight time under the supervision of an authorized
flight instructor, including 5 hours of solo cross-country flight time with at least
one cross-country flight totalling not less than 180 kilometers (100 nautical
miles) in the course of which landings at two different points shall be made.
(3) An applicant for a Private Pilot Licence with glider category shall have completed—
(a) not less than 6 hours of flight time as pilot of gliders including 2 hours solo
flight time during which not less than 20 launches and landings have been
performed; and
(b) if the applicant has logged forty hours of flight time in aeroplanes the applicant
shall complete 3 hours of flight time in a glider, including 2 hours of solo
flight time during which not less than ten launches and landings have been
performed;
(c) an applicant shall have demonstrated the ability to perform as pilot-in
command of a glider, the procedures and manoeuvres described in regulation
38 with a degree of competency appropriate to the privileges granted to the
holder of a glider pilot licence, and to—
(i) recognize and manage threats and errors;
(ii) operate the glider within its limitations;
(iii) complete all manoeuvres with smoothness and accuracy;
(iv) exercise good judgement and airmanship;
(v) apply aeronautical knowledge; and
(vi) maintain control of the glider at all times in a manner such that the
successful outcome of a procedure or manoeuvre is assured.
(4) An applicant for a Private Pilot Licence with a balloon class rating shall have
completed 16 hours which consists of not less than 8 training flights in the areas of operation
that includes—

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(a) where the training is being performed in a gas balloon—


(i) two flights of two hours each that consists of one training flight within
sixty days prior to application for the rating on the areas of operation
for a gas balloon;
(ii) five hours of solo flight in a gas balloon under an authorised instructor;
and
(iii) one flight involving a controlled ascent to three thousand feet above
the launch site;
(b) where the training is being performed in a balloon with an airborne heater—
(i) two flights of one hour each within sixty days prior to application for the
rating on areas of operation appropriate to a balloon with an airborne
heater;
(ii) five hours solo flight in a balloon with an airborne heater under an
authorised instructor; and
(iii) one flight involving a controlled ascent to three thousand feet above
the launch site.
(5) An applicant for a Private Pilot Licence with an airship class rating shall have
completed twenty five hours of flight training in airships on the areas of operation which
consists of at least—
(a) if the privileges of the licence are to be exercised at night, three hours of night
flight training in an airship that includes—
(i) a cross-country flight of over twenty-five nautical miles total distance;
and
(ii) five takeoffs and five landings to a full stop, with each landing involving
a flight in the traffic pattern, at an airport; and
(b) five hours of solo flight in an airship with an authorised instructor.
(6) An applicant for a Private Pilot Licence with a powered-lift category rating shall have
completed—
(a) not less than 40 hours of flight time as a pilot of poweredlift; and
(b) not less than 10 hours of solo flight time under the supervision of an authorized
flight instructor, including 5 hours of solo cross-country flight time with at least
one cross-country flight totalling not less than 270 kilometers (150 nautical
miles) in the course of which full stop landing at two different aerodromes
shall be made.
(7) Except for balloons and gliders, an applicant for Private Pilot Licence who has flight
time as a pilot in other categories may be credited with 10 hours of the total flight time.
45. Privileges and limitations
(1) Except as provided in sub-regulations (2) to (7) , a holder of a Private Pilot Licence
shall not act as a crewmember of an aircraft—
(a) carrying passengers or property for compensation or hire; or
(b) operated for compensation or hire.
(2) A holder of a Private Pilot Licence may exercise the privileges of a holder of a flight
radiotelephone operator licence as prescribed in regulation 136.
(3) A holder of a Private Pilot Licence may, for compensation or hire, act as a
crewmember of an aircraft in connection with any business or employment if—
(a) the flight is only incidental to that business or employment; and
(b) the aircraft does not carry passengers or property for compensation or hire.
(4) A holder of a Private Pilot Licence may act as a crewmember of an aircraft used in
a passenger-carrying flight sponsored by a charitable organisation described in paragraph

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(g), and for which the passengers make a donation to the organisation, when the following
requirements are met—
(a) the sponsor of the flight notifies the Authority at least seven days before the
event and submits—
(i) signed letter from the sponsor that shows the name of the sponsor, the
purpose of the charitable event, the date and time of the event, and
the location of the event; and
(ii) a photocopy of each crewmember's pilot licence, Medical Certificate,
and logbook entries that show the pilot has a valid licence and has
logged at least two hundred hours of flight time;
(b) the flight is conducted from a public airport that is adequate for the aircraft
to be used, or from another airport that has been approved by the Authority
for the operation;
(c) no acrobatic or formation flights are conducted;
(d) each aircraft used for the charitable event holds a valid standard certificate
of airworthiness;
(e) each aircraft used for the charitable event is airworthy and complies with
the applicable requirements of the Civil Aviation (Operation of Aircraft)
Regulations;
(f) each flight for the charitable event is made during day visual flight rules
conditions; and
(g) the charitable organisation is an organisation identified as such by the
appropriate authority of the government.
(5) A holder of a Private Pilot Licence may be reimbursed for aircraft operating expenses
that are directly related to search and rescue operations, if the expenses involve only fuel, oil,
airport expenditures, or rental fees, and the operation is sanctioned and under the direction
and control of—
(a) a government agency; or
(b) an organisation that conducts search and rescue operations.
(6) A holder of a Private Pilot Licence who is an aircraft salesman and who has logged
at least two hundred hours of logged flight time may demonstrate an aircraft in flight to a
prospective buyer.
(7) holder of a Private Pilot Licence shall not pay less than the pro rata share of the
operating expenses of a flight with passengers, if the expenses involve only fuel, oil, airport
expenditures, or rental fees.
(8) Except as provided in sub-regulations (2) through (7), a holder of a Private Pilot
Licence shall, not for compensation or hire, act as a co-pilot of an aircraft that is type certified
for more than one pilot.
(9) A holder of a Private Pilot Licence in the glider category may act as a pilot-
in command of any glider provided the licence holder has operational experience in the
launching method used.
46. Renewal requirements
A Private Pilot Licence may be renewed if the holder of the licence has logged the
following hours as PIC on either category, class or type rating sought within the twelve
months preceding the date of application for renewal—
(a) for aeroplane and rotorcraft not less than 5 hours; and
(b) for glider or lighter than air not less than 3 hours.
Commercial Pilot Licence
47. Eligibility requirements
(1) An applicant for a Commercial Pilot Licence shall—

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(a) be at least eighteen years of age;


(b) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(c) receive a logbook endorsement from an authorised instructor who—
(i) conducted the required ground training on the aeronautical knowledge
areas listed in regulation 49, that apply to the aircraft category and
class rating sought; and
(ii) certified that the person is prepared for the required knowledge test
that applies to the aircraft category and class rating sought.
(d) pass the required knowledge test on the aeronautical knowledge areas listed
in regulation 53;
(e) receive the required training and a logbook endorsement from an authorised
instructor who:
(i) conducted the training on the areas of operation listed in regulation 50
that apply to the aircraft category and class rating sought; and
(ii) certified that the person is prepared for the required practical test.
(f) be in possession of a Class 1 Medical Certificate issued under these
Regulations;
(g) meet the aeronautical experience requirements of the applicable provisions
of these Regulations that apply to the aircraft category and class rating sought
before applying for the practical test;
(h) pass the required practical test on the areas of operation listed in regulation
50 that apply to the aircraft category and class rating sought;
(i) hold a Private Pilot Licence issued under these Regulations or meet the
requirements of regulation 20, pertaining to military licences; and
(j) comply with all sections of these Regulations which apply to the aircraft
category and the class rating sought.
48. Aeronautical knowledge requirements for CPL
(1) An applicant for a Commercial Pilot Licence shall have demonstrated a level of
knowledge appropriate to the privileges granted to the holder of such licence and appropriate
to the category of aircraft intended to be included in the licence in at least the following
subjects.
(2) The aeronautical knowledge areas applicable to any relevant aircraft category and
class rating shall be as follows—
(a) air law—
rules and regulations relevant to the holder of a CPL; rules of the air;
appropriate air traffic services practices and procedures;
(b) aircraft general knowledge—
(i) principles of operation and functioning of powerplants, systems and
instruments;
(ii) operating limitations of relevant aircraft category and powerplants,
relevant operational information from the flight manual or other
appropriate document;
(iii) use and serviceability checks of equipment and systems of
appropriate aircraft category;
(iv) maintenance procedures for airframes, systems and powerplants of
appropriate aircraft category;
(v) for helicopter and powered-lift, transmission(powertrains) where
applicable.

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(vi) for airship, physical properties and practical application of gases.


(c) flight performance, planning and loading—
(i) effects of loading and mass distribution on aircraft handling, flight
characteristics and performance, mass and balance calculations;
(ii) use and practical application of take-off, landing and other
performance data;
(iii) pre-flight and en-route flight planning appropriate to commercial
operations under visual flight rules;
(iv) preparation and filing of air traffic services flight plans and appropriate
air traffic services procedures.
(v) in the case of airship, helicopter and powered-lift effects of external
loading.
(d) human performance—
human performance relevant to the Commercial Pilot Licence; including
principles of threat and error management.
(e) meteorology—
(i) interpretation and application of aeronautical meteorological reports,
charts and forecasts; use of, and procedures for obtaining,
meteorological information, pre-flight and in-flight and altimetry;
(ii) aeronautical meteorology; climatology of relevant areas in respect of
the elements having an effect upon aviation; the moment of pressure
systems, the structure of fronts, and the origin and characteristics
of significant weather phenomena which affect take-off, en-route and
landing conditions and hazardous weather avoidance;
(iii) causes, recognition and effects of icing; frontal zone penetration
procedures;hazardous weather avoidance;
(f) navigation—
air navigation, including the use of aeronautical charts, instruments and
navigation aids, understanding of the principles and characteristics of
appropriate navigation systems and operation of air borne equipment;
(g) operation procedures—
(i) use of aeronautical documentation such as AIP, NOTAM, aeronautical
codes and abbreviations;
(ii) appropriate precautionary and emergency procedures;
(iii) operational procedures for carriage of freight; potential hazards
associated with dangerous goods;
(iv) requirements and practices for safety briefing to passengers, including
precautions to be observed when embarking and disembarking from
aircraft; and
(v) night and high altitude;
(vi) application of threats and error management principles to operational
performance.
(vii) altimeter setting procedures;
(viii) in the case of the helicopter, and if applicable, powered-lift settling with
power; ground resonance; retreating blade stall;; roll-over and other
operation hazards; safety procedures, associated with flight in VMC.
(h) principles of flight;
principles of flight relating to aircraft;
(i) radiotelephony;

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communication procedures and phraseology as applied to visual flight rules


operations, action to be taken in case of communication failure.
(3) The aeronautical knowledge areas applicable to any relevant rotorcraft category and
class rating shall include all areas covered under in sub-regulation (2) in addition to the
following areas—
(i) powerplants; transmissions (power trains);
(ii) external loads on helicopter handling;
(iii) settling with power, ground resonance, roll-over and other operating hazards;
and
(iv) operational procedures for carriage of freight including external loads;
(4) The aeronautical knowledge areas applicable to any relevant lighter than air category
and class rating shall be as follows—
(a) air law;
rules and regulations relevant to the holder of a free balloon pilot licence; rules
of the air; appropriate air traffic services practices and procedures;
(b) aircraft general knowledge;
(i) principles of operation of free balloon systems and instruments;
(ii) operating limitations of free balloons; relevant operational information
from the flight manual or other appropriate document;
(iii) physical properties and practical application of gases used in free
balloons;
(c) flight performance and planning;
(i) physical properties and practical application of gases used in free
balloons;
(ii) use and practical application of launching, landing and other
performance data, including the effect of temperature;
(iii) pre-flight and en-route flight planning appropriate to operations under
visual flight rules; appropriate air traffic services procedures and
altimeter setting procedures; operations in areas of high-density traffic;
(d) human performance;
(e) human performance relevant to the free balloon pilot;
(f) meteorology;
(g) application of elementary aeronautical meteorology; use of, and procedures
for obtaining, meteorological information and altimetry;
(h) navigation—
practical aspects of air navigation and dead-reckoning techniques; use of
aeronautical charts;
(h) operational procedures—
(i) use of aeronautical documentation such as aeronautical information
publication, NOTAM, aeronautical codes and abbreviations;
(ii) appropriate precautionary and emergency procedures, including
action to be taken to avoid hazardous weather, wake turbulence and
other operating hazards;
(iii) application of threats and error management principles to operational
performance;
(j) principles of flight;
(k) principles of flight relating to free balloons.
(l) in case of airship—
(i) use, limitation and serviceability of avionics and instruments
necessary for the control and navigation;

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(ii) use accuracy and reliability of navigation systems used in departure


(iii) principles and characteristics of self-contained and external referenced
navigation systems, operation of airborne equipment;
49. Hight instruction requirements
An applicant for a Commercial Pilot Licence, shall receive and record ground and flight
training from an authorised instructor on the following areas of operation of this regulation
that apply to the aircraft category and class rating sought—
(a) for all categories and class ratings, as applicable—
(i) pre-flight operations, including mass and balance determination,
aircraft inspection and servicing;
(ii) aerodrome and traffic pattern operations, collision avoidance
precautions and procedures;
(iii) control of the aircraft by external visual reference;
(iv) flight at critically slow airspeeds; spin avoidance; recognition of, and
recovery from, incipient and full stalls;
(v) flight at critically high airspeeds; recognition of, and recovery from,
spiral dives;
(vi) normal and cross-wind take-offs and landings;
(vii) maximum performance (short field and obstacle clearance) take-offs;
short-field landings;
(viii) basic flight manoeuvres and recovery from unusual attitudes by
reference solely to basic flight instruments;
(ix) cross-country flying using visual reference, dead reckoning and radio
navigation aids; diversion procedures;
(x) abnormal and emergency procedures and manoeuvres; and
(xi) operations to, from and transitting controlled aerodromes, compliance
with air traffic services procedures, radiotelephony procedures and
phraseology;
(xii) in actual flight, upset prevention and recovery training approved by the
Authority.
(b) in addition to the areas of operation specified in paragraph (a), the applicable
areas of operation for a multiengine class ratin as folows—
(i) emergency operations; including the applicant's knowledge and
performance of the following tasks—
(aa) emergency descent;
(bb) engine failure during take-off before Vmc (simulated);
(cc) engine failure after lift-off (simulated);
(dd) approach and landing with one inoperative engine (simulated);
(ee) systems and equipment malfunctions; and
(ff) emergency equipment and survival gear;
(ii) high altitude operations; including the applicant's knowledge and
performance of the following tasks—
(aa) supplemental oxygen; and
(bb) pressurization.
(iii) multi-engine operations: including the applicant's knowledge and
performance of the following tasks—
(aa) manoeuvering with one engine inoperative;
(bb) Vmc demonstration;

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(cc) engine failure during flight (by reference to instruments); and


(dd) instrument approach with one engine inoperative (by reference
to instruments).
(c) for a rotorcraft category rating with a helicopter type rating—
(aa) recovery at the incipient stage from settling with power; recovery techniques from
low-rotor rpm within the normal range of engine revolutions per minute;
(bb) ground manoeuvering and run-ups; hovering; take-offs and landings - normal, out of
wind and sloping ground; steep approaches;
(cc) take-offs and landings with minimum necessary power; maximum performance take-
off and landing techniques; restricted site operations; quick stops;
(dd) hovering out of ground effect; operations with external load, if applicable; flight at
high altitude;
(ee) basic flight manoeuvres and recovery from unusual attitudes by reference solely to
basic flight instruments;
(ff) abnormal and emergency procedures, including simulated helicopter equipment
malfunctions, autorotative approach and landing;
(d) for a rotorcraft category rating with a gyroplane class rating: flight at slow
airspeeds;
(e) for a lighter-than-air category rating with a balloon or airship class rating—
(i) fundamentals of instructing;
(ii) pre-flight operations, assembly, rigging, inflation, mooring and
inspection;
(iii) techniques and procedures for the launching and ascent, including
appropriate limitations, emergency procedures and signals used;
(iv) collision avoidance precautions;
(v) control by external visual reference;
(vi) recognition of, and recovery from, rapid descents;
(vii) cross-country flying using visual reference and dead reckoning;
(viii) approaches and landings, including ground handling; and
(ix) emergency procedures;
(x) recognize and manage threats and errors;
(xi) recognition of leaks;
(xii) flight under instrument flight rules; and
(xiii) communication procedures and phraseology.
50. Aeronautical experience and skill requirements for commercial pilot
licence
(1) An applicant for a Commercial Pilot Licence, aeroplanes shall obtain the following
hours of aeronautical experience—
(a) not less than 200 hours of flight time, or 150 hours if completed during an
integrated course of approved training provided for in an Approved Training
Organisation under the Civil Aviation (Approved Training Organisations)
Regulations, 2013 as a pilot of aeroplanes, of which 10 hours may have been
completed in a synthetic flight trainer;
(b) in aeroplanes, not less than—
(i) 100 hours as pilot-in-command or, in the case of a course of approved
training, 70 hours as pilot-in-command;
(ii) 20 hours of cross-country flight time as pilot-in-command including
a cross-country flight totalling not less than 540 kilometers (300
nautical miles) in the course of which full-stop landings at two different
aerodromes shall be made;

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(iii) 10 hours of instrument instruction time of which not more than 5 hours
may be instrument time in the synthetic flight trainer;
(iv) hours of night flying, including 5 take-offs and 51 landings as pilot-in-
command;
(c) A holder of a pilot licence in another category may be credited towards the
200 hours of flight time as follows—
(i) 10 hours as pilot-in-command in a category other than helicopters;
(ii) 30 hours as pilot-in-command holding a Private Pilot Licence on
helicopters; or
(iii) 100 hours as pilot-in-command holding a Commercial Pilot Licence on
helicopters.
(2) An applicant for a Commercial Pilot Licence helicopter licence shall have completed

(a) not less than 150 hours of flight time, or 100 hours if completed during an
integrated course of approved training provided for in an Approved Training
Organisation under the Civil Aviation (Approved Training Organisation)
Regulations, as a pilot of helicopters, of which 10 hours may have been
completed in a synthetic flight trainer;
(b) not less than;
(i) 35 hours as pilot-in-command;
(ii) 10 hours of cross-country flight time as pilot-in-command including a
cross-country flight in the course of which full-stop landings at two
different points shall be made;
(iii) 10 hours of instrument instruction time of which not more than 5 hours
may be instrument ground time; and
(iv) if the privileges of the licence are to be exercised at night, 5 hours of
night flight time including 5 take-offs and 5 landing patterns as pilot-
in-command;
(c) the holder of a pilot licence in the helicopter category may be credited towards
the 150 hours of flight time as follows—
(i) 20 hours as pilot-in-command holding a Private Pilot Licence in
aeroplanes; or
(ii) 50 hours as pilot-in-command holding a Commercial Pilot Licence in
aeroplanes.
(d) an applicant for a Commercial Pilot Licence (gyroplane) shall have completed

(i) one hundred and fifty hours of flight time as a pilot, including at least
one hundred hours in powered aircraft, of which twenty-five hours shall
be in gyroplanes;
(ii) one hundred hours of pilot-in-command flight time, including at least—
(aa) ten hours in gyroplanes; and
(bb) three hours in cross-country flight in gyroplanes; and
(iii) twenty hours of training on the areas of operation listed in regulation
50, including at least—
(aa) five hours of instrument training in an aircraft;
(bb) one cross-country flight of at least two hours in a gyroplanc in
day visual flight rules conditions, consisting of a total straight-
line distance of more than fifty nautical miles from the original
point of departure; and
(iv) ten hours of solo flight in a gyroplane on the areas of operation listed
in regulation 50, including at least—

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(3) An applicant for a commercial pilot licence lighter than air (airship category) shall
have completed not less than 200 hours of flight time as a pilot, including not less than—
(a) 50 hours as a pilot of airships;
(b) 30 hours in airships as pilot-in-command or pilot-in-command under
supervision, to include not less than—
(i) 10 hours of cross-country flight time; and
(ii) 10 hours of night flight;
(c) 40 hours of instrument time, of which 20 hours shall be in flight and 10 hours
in flight in airships; and
(d) 20 hours of flight training in airships in the areas of operation listed in
regulation 50.
(4) An applicant for a Commercial Pilot Licence lighter than air (balloon category) shall
have completed 35 hours which consists of not less than 20 hours training flights in the
areas of operation, that includes—
(a) for a gas balloon—
(i) two training flights of not less than two hours each in the appropriate
areas of operation within sixty days prior to application for the rating;
(ii) 10 hours as pilot-in-command; and
(iii) two flights involving a controlled ascent to five thousand feet above
the launch site.
(b) for a balloon with an airborne heater—
(i) two training flights of two hours each in the appropriate areas of
operation within sixty days prior to application for the rating;
(ii) 10 hours as pilot-in-command; and
(iii) two flights involving a controlled ascent to five thousand feet above
the launch site;
(c) for a free balloon—
(i) the procedures and manoeuvres described in regulation 38(f) with a
degree of competency appropriate to the privileges granted to the
holder of a free balloon pilot licence;
(ii) recognize and manage threats and errors;
(iii) operate the free balloon within its limitations;
(iv) complete all manoeuvres with smoothness and accuracy;
(v) exercise good judgement and airmanship;
(vi) apply aeronautical knowledge; and
(vii) maintain control of the free balloon at all times in a manner such that
the successful outcome of a procedure or manoeuvre is assured.
51. Privileges and limitations
(1) A holder of a Commercial Pilot Licence may—
(a) exercise all the privileges of the holder of a private pilot licence as stipulated
in regulation 40;
(b) act as a pilot-in-command and co-pilot in an aircraft engaged in operations
other than commercial air transportation;
(c) act as a pilot-in-command in commercial air transportation in an aircraft
certificated for single pilot operation;
(d) act as a co-pilot in commercial air transportation in an aircraft required to be
operated with a co-pilot;
(e) exercise all the privileges of the holder of a flight radiotelephone operator
licence as stipulated in regulation 135;

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(f) fly at night; and


(g) for the airship category, to pilot an airship under instrument flight rules.
(2) A holder of a Commercial Pilot Licence may act as pilot-in-command of an aircraft
for compensation or hire, including the carriage of persons or property for compensation or
hire, provided the pilot is qualified in accordance with the applicable Regulations.
(3) A holder of a Commercial Pilot Licence shall not act as a pilot-in-command of an
aircraft certificated take-off mass of over 5,700 kilograms.
52. Renewal requirements
A holder of a Commercial Pilot Licence may apply for renewal of the licence if the holder
of the licence has logged as PIC or co-pilot within the six months preceding the date of
application for renewal, the following hours—
(a) for aeroplanes and rotorcraft; not less than 6 hours and 6 take-offs and
landings; and
(b) for lighter than air; 3 hours and 3 launches and landings.
Airline Transport Pilot Licence
53. Eligibility requirements
An applicant for an Airline Transport Pilot Licence shall—
(a) be at least twenty one years of age;
(b) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(c) meet at least one of the following requirements—
(i) hold a valid and current Commercial Pilot Licence and an instrument
rating;
(ii) meet the military experience requirements under regulation 20, to
qualify for a Commercial Pilot Licence, and an instrument rating if the
person is a rated military pilot or former rated military pilot; or
(iii) hold either a foreign Airline Transport Pilot Licence or a foreign
Commercial Pilot Licence and an instrument rating issued by another
Contracting State.
(d) meet the applicable aeronautical experience requirements of this sub-part
before applying for the practical test;
(e) pass a knowledge test on the applicable aeronautical knowledge areas of
regulation 55 that apply to the aircraft category and class rating sought; and
(f) pass the practical test on the applicable areas of operation specified in
regulation 55, that apply to the aircraft category and class rating sought; and
(g) have a valid Class I Medical Certificate issued under these Regulations.
54. Aeronautical knowledge requirements for Airline Transport pilot licence
(1) Subject to sub-regulation (2) an applicant for a Airline Transport Pilot Licence,
shall receive and record ground training in a manner prescribed by the Authority, on the
aeronautical knowledge areas that apply to aeroplane and helicopter aircraft categories.
(2) The aeronautical knowledge areas applicable to aeroplane aircraft category shall
be as follows—
(a) air law—
rules and regulations relevant to the holder of an airline transport pilot licence
— aircraft; rules of the air; appropriate air traffic services practices and
procedures;
(b) aircraft general knowledge—

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(i) general characteristics and limitations of electrical, hydraulic,


pressurization and other aircraft systems; flight control systems,
including autopilot and stability augmentation;
(ii) principles of operation, handling procedures and operating limitations
of aircraft powerplants; effects of atmospheric conditions on engine
performance; relevant operational information from the flight manual
or other appropriate document;
(iii) operating procedures and limitations of appropriate aircraft; effects of
atmospheric conditions on aircraft performance;
(iv) use and serviceability checks of equipment and systems of
appropriate aircraft;
(v) flight instruments; compasses, turning and acceleration errors;
gyroscopic instruments, operational limits and precession effects;
practices and procedures in the event of malfunctions of various flight
instruments;
(vi) maintenance procedures for airframes, systems and powerplants of
appropriate aircraft;
(c) flight performance, planning and loading—
(i) effects of loading and mass distribution on aircraft handling, flight
characteristics and performance; mass and balance calculations;
(ii) use and practical application of take-off, landing and other
performance data, including procedures for cruise control;
(iii) pre-flight and en-route operational flight planning; preparation and
filing of air traffic services flight plans; appropriate air traffic services
procedures; altimeter setting procedures;
(c) human performance—
human performance including principles of threat and error management
relevant to the airline transport pilot;
(d) meteorology—
(i) interpretation and application of aeronautical meteorological reports,
charts and forecasts; codes and abbreviations; use of, and procedures
for obtaining, meteorological information, pre-flight and in-flight;
altimetry;
(ii) aeronautical meteorology; climatology of relevant areas in respect
of the elements having an effect upon aviation; the movement
of pressure systems; the structure of fronts, and the origin and
characteristics of significant weather phenomena which affect take-off,
en-route and landing conditions;
(iii) causes, recognition and effects of engine and airframe icing; frontal
zone penetration procedures; hazardous weather avoidance;
(iv) practical high altitude meteorology, including interpretation and use of
weather reports, charts and forecasts; jetstreams;
(e) navigation—
(i) air navigation, including the use of aeronautical charts, radio
navigation aids and area navigation systems; specific navigation
requirements for long-range flights;
(ii) use, limitation and serviceability of avionics and instruments
necessary for the control and navigation of aircraft;
(iii) use, accuracy and reliability of navigation systems used in departure,
en-route, approach and landing phases of flight; identification of radio
navigation aids;

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(iv) principles and characteristics of self-contained and external-


referenced navigation systems; operation of airborne equipment;
(f) operational procedures—
(i) application of threat and error management to operational
performance;
(ii) interpretation and use of aeronautical documentation such as
Aeronautical Information Publishing, NOTAM, aeronautical codes and
abbreviations, and instrument procedure charts for departure, en-
route, descent and approach;
(iii) precautionary and emergency procedures; safety practices
associated with flight under Instrument Flight Rules;
(iv) operational procedures for carriage of freight and dangerous goods;
(v) requirements and practices for safety briefing to passengers, including
precautions to be observed when embarking and disembarking from
aircraft;
(vi) night and high altitude;
(vii) in the case of helicopters, and if applicable, poweredlifts, settling with
power; ground resonance; retreating blade stall; dynamic rollover and
other operating hazards; safety procedures, associated with flight in
VMC;
(h) principles of flight—
principles of flight relating to aircraft; subsonic aerodynamics; compressibility
effects, manoeuvre boundary limits, wing design characteristics, effects of
supplementary lift and drag devices; relationships between lift, drag and thrust
at various airspeeds and in different flight configurations;
(i) radiotelephony—
radiotelephony procedures and phraseology; action to be taken in case of
communication failure.
(3) The aeronautical knowledge areas applicable to helicopter category rating shall
include all areas covered under sub-regulation (2) and in addition the following areas—
(a) helicopter general knowledge—
(i) general characteristics and limitations of electrical, hydraulic, and
other helicopter systems; flight control systems, including autopilot and
stability augmentation;
(ii) principles of operation, handling procedures and operating limitations
of helicopter powerplants; transmission (power-trains); effects of
atmospheric conditions on engine performance; relevant operational
information from the flight manual;
(iii) operating procedures and limitations of appropriate helicopters;
effects of atmospheric conditions on helicopter performance; relevant
operational information from the flight manual;
(b) flight performance and planning—
(i) effects of loading and mass distribution, including external loads, on
helicopter handling, flight characteristics and performance; mass and
balance calculations;
(ii) causes, recognition and effects of engine, airframe and rotor, icing;
hazardous weather avoidance;
(c) navigation—
use, accuracy and reliability of navigation systems; identification of radio
navigation aids;

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(d) operational procedures—


(i) interpretation and use of aeronautical documentation such as
Aeronautical Information Publishing, NOTAM, aeronautical codes and
abbreviations;
(ii) precautionary and emergency procedures; settling with power,
ground resonance, retreating blade stall, dynamic roll-over and other
operating hazards; safety practices associated with flight under visual
flight rules;
(iii) operational procedures for carriage of freight, including external loads,
and dangerous goods;
(iv) requirements and practices for safety briefing to passengers, including
precautions to be observed when embarking and disembarking from
helicopters;
(e) principles of flight—
Principles of flight relating to helicopters;
(f) radiotelephony—
radiotelephony procedures and phraseology as applied to visual flight rules
operations; action to be taken in case of communication failure.
55. Flight instruction requirements
(1) An applicant for Airline Transport Pilot Licence, aeroplanes or helicopters shall have
received the flight instruction required for the issue of commercial pilot licence as prescribed
in regulation 50, and—
(a) for Airline Transport Pilot Licence aeroplanes shall receive the flight
instructions required for the issue of the instrument rating prescribed in
regulation 76; or
(b) for Airline Transport Pilot Licence helicopters if the privileges of instrument
rating are to be exercised shall receive the flight instructions required for the
issue of the instrument rating prescribed in regulation 76.
(2) An applicant shall have demonstrated the ability to perform, as pilot-in-command
of an aircraft within the appropriate category required to be operated with a co-pilot, the
following procedures and manoeuvres—
(a) pre-flight procedures, including the preparation of the operational flight plan
and filing of the air traffic services flight plan;
(b) normal flight procedures and manoeuvres during all phases of flight;
(c) abnormal and emergency procedures and manoeuvres related to failures and
malfunctions of equipment, such as powerplant, systems and airframe;
(d) procedures for crew incapacitation and crew coordination, including allocation
of pilot tasks, crew cooperation and use of checklists; and
(e) in the case of aeroplanes and powered-lifts, procedures and manoeuvres for
instrument flight including simulated engine failure.
(3) In the case of an aeroplane, the applicant shall have demonstrated the ability
to perform the procedures and manoeuvres described in (2) as pilot-in-command of a
multiengined aeroplane.
56. Aeronautical experience requirements
(1) An applicant for an airline transport pilot licence, shall have completed, in the case
of—
(a) an aeroplane or powered-lifts, not less than one thousand five hundred hours
of flight time as a pilot of aeroplanes; or
(b) helicopter not less than one thousand hours of flight time as a pilot of
helicopter, and credit for such experience shall be limited to a maximum of

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100 hours, of which not more than 25 hours shall have been acquired in a
flight procedure trainer or a basic instrument flight trainer.
(2) The applicant shall have completed in aircraft not less than—
(a) in aeroplanes: 500 hours as pilot-in-command under supervision or 250
hours, either as pilot-in-command, or made up by not less than 70 hours
as pilot-in-command and the necessary additional flight time as pilot-in-
command under supervision;
(b) 200 hours of cross-country flight time, of which not less than 100 hours
shall be as PIC or as co-pilot performing, under the supervision of the PIC,
the duties and functions of a PIC, provided that the method of supervision
employed is acceptable to the Authority;
(c) in helicopters: 250 hours, either as pilot-in-command, or made up of not less
than 70 hours as pilot-in-command and the necessary additional flight time
as pilot-in command under supervision;
(d) for aeroplanes 75 hours of instrument time, of which not more than 30 hours
may be obtained in the synthetic flight trainer and for helicopter 30 hours of
instrument time, of which not more than 10 hours may be obtained in the
synthetic flight trainer; and
(e) for aeroplanes 100 hours and for helicopter 50 hours of night flight as PIC
or as co-pilot.
(3) The applicant should have completed in powered-lifts not less than—
(a) 250 hours either as pilot-in-command, or made up of not less than 70 hours
as pilot-in-command and the necessary additional flight time as pilot-in-
command under supervision;
(b) 100 hours of cross-country flight time, of which not less than 50 hours should
be as pilot-in-command or as pilot-in-command under supervision;
(c) 75 hours of instrument time, of which not more than30 hours may be
instrument ground time; and
(d) 25 hours of night flight as pilot-in-command or as co-pilot.
(4) Where the applicant for Airline Transport Pilot Licence aeroplanes or rotorcraft has
flight time as a pilot of either category, the applicant shall be credited with 50% of the flight
time as pilot-incommand towards the flight time of the category sought as required in sub-
regulation (1).
(5) An applicant shall have demonstrated the ability to perform the procedures and
manoeuvres described in regulation 56(2) with a degree of competency appropriate to the
privileges granted to the holder of an airline transport pilot licence, and to—
(a) recognize and manage threats and errors;
(b) smoothly and accurately, manually control the aircraft within its limitations at
all times, such that the successful outcome of a procedure or manoeuvre is
assured;
(c) operate the aircraft in the mode of automation appropriate to the phase of
flight and to maintain awareness of the active mode of automation;
(d) perform, in an accurate manner, normal, abnormal and emergency
procedures in all phases of flight;
(e) exercise good judgement and airmanship, to include structured decision
making and the maintenance of situational awareness; and
(f) communicate effectively with other flight crewmembers and demonstrate
the ability to effectively perform procedures for crew incapacitation, crew
coordination, including allocation of pilot tasks, crew cooperation, adherence
to standard operating procedures and use of checklists.
(6) When the holder of an airline transport pilot licence in the aeroplane category
has previously held only a multi-crew pilot licence, the privileges of the licence shall be

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limited to multi-crew operations unless the holder has met the requirements, as appropriate,
established for—
(a) private pilot licence: to exercise all the privileges of the holder of a private pilot
licence in the aeroplane category provided the requirements of regulation 44
and 45 have been met;
(b) before exercising the privileges of the instrument rating in a single-pilot
operation in aeroplanes, the licence holder shall have demonstrated an ability
to act as pilot-in command in a single-pilot operation exercised by reference
solely to instruments and shall have met the skill requirement specified in
regulation 73 appropriate to the aeroplane category.
(c) before exercising the privileges of a commercial pilot licence in a single-pilot
operation in aeroplanes, the licence holder shall have—
(i) completed in aeroplanes 70 hours, either as pilot-in-command,
or made up of not less than 10 hours as pilot-in-command and
the necessary additional flight time as pilot-in-command under
supervision;
(ii) completed 20 hours of cross-country flight time as pilotin- command, or
made up of not less than 10 hours as pilot-in-command and 10 hours
as pilot-in command under supervision, including a cross-country flight
totaling not less than 540 kilometers (300 nautical miles) in the course
of which full-stop landings at two different aerodromes shall be made;
and
(iii) met the requirements for the commercial pilot licence specified in
Regulations 49, 50 and 51 with the exception of regulation 50(a) and
51(b)(i), appropriate to the aeroplane category.
(7) Any limitation of privileges specified in sub regulation (5) shall be endorsed on the
licence.
(8) The Licensing Authority shall determine whether experience as a pilot under
instruction in a flight simulation training device is acceptable as part of the total flight time
of 1 500 hours.
57. Additional aircraft category, class and type ratings
An applicant who holds a valid Airline Transport Pilot Licence and seeks additional
aircraft category, class and type rating shall—
(a) meet the applicable eligibility requirements;
(b) pass a knowledge test on the applicable aeronautical knowledge areas;
(c) meet the applicable aeronautical experience requirements; and:
(d) pass the practical test on the areas of operation.
58. Privileges and limitations
(1) A holder of an Airline Transport Pilot Licence may—
(a) exercise all the privileges of a holder of a Private Pilot Licence and
Commercial Pilot Licence and Instrument Rating for aeroplane as stipulated
in Regulations 46, 52 and 80;
(b) act as pilot-in-command and co-pilot in commercial air transport; and
(c) exercise all the privileges of the holder of a flight radiotelephone operator
licence as stipulated in regulation 137.
(2) holder of an Airline Transport Pilot Licence may be authorised to act as a flight
instructor, not being a holder of a flight instructor rating, when instructing pilots within an Air
Operator Certificate holder's approved training programme in aircraft of the category, class,
and type, as applicable, for which the airline transport pilot is rated, and in synthetic flight
trainers of those aircraft, and endorse the logbook or other training record of the person to
whom training has been given.

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(3) A holder of an Airline Transport Pilot Licence shall not instruct in an aircraft or in an
approved synthetic flight trainer except for the briefing and debriefing sessions—
(a) for more than eight hours in any twenty four-consecutive hour period; or
(b) for more than thirty six hours in any seven-consecutive-day period.
(4) A holder of an Airline Transport Pilot Licence shall not instruct in Category II or
Category III operations unless he has been trained and successfully tested under Category
II or Category III operations, as applicable.
59. Renewal requirements
A holder of an Airline Transport Pilot Licence may apply for renewal of the licence if the
holder of the licence has logged not less than six hours as pilot in command or co-pilot and
has done six takeoffs and landings within the six months preceding the date of application
for renewal.
Multi-crew Pilot Licence
60. Eligibility requirements
An applicant for Multi-crew Pilot Licence, shall—
(a) be not less than eighteen years of age;
(b) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(c) meet at least one of the following requirements—
(i) demonstrate a level of knowledge appropriate to the privileges granted
to the holder of an airline transport pilot licence and appropriate to the
aeroplane category in an approved training course;
(ii) hold either a foreign Multi-crew Pilot Licence or a foreign Airline
Transport Pilot Licence and an instrument rating issued by another
Contracting State.
(d) meet the applicable aeronautical experience requirements of this sub-part
before applying for the practical test;
(e) pass a knowledge test on the applicable aeronautical knowledge areas of
regulation 55 and 56 that apply to the aircraft category rating sought;
(f) pass the practical test on the applicable areas of operation specified in
regulation 55 and 56 that apply to the aircraft category sought; and
(g) have a valid Class 1 Medical Certificate issued under these Regulations.
61. Aeronautical Knowledge requirements for Multi-crew pilot licence
The applicant for a Multi-Crew Pilot Licence, shall have met the requirements specified
in the Airline transport pilot licence appropriate to the aeroplane category in an approved
training course and in the Third Schedule.
62. Flight instruction requirements
(1) The applicant shall have completed a course of approved training covering the
experience requirements under these Regulations.
(2) The applicant shall have received dual flight instruction in all the competency units
specified in the Third Schedule, to the level required for the issue of the multi-crew pilot
licence, to include the competency units required to pilot under instrument flight rules.
63. Aeronautical experience and skill requirements for Multi-crew pilot
Licence
(1) An applicant for Multi-crew pilot licence shall have completed in an approved training
course of not less than 240 hours as pilot flying and pilot not flying of actual and simulated
flight.

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(2) Flight experience in actual flight shall include at least the experience requirements
stipulated under regulation 44 upset recovery training, night flying and flight by reference
solely to instruments.
(3) In addition to meeting the requirements in sub regulation (2), the applicant shall have
gained, in a turbine-powered aeroplane certificated for operation with a minimum crew of
at least two pilots, or in a flight simulation training device approved for that purpose by the
Authority in accordance with the Third Schedule, paragraph 4, the experience necessary to
achieve the advanced level of competency defined in the Third Schedule.
(4) The applicant shall have demonstrated the ability to perform, as pilot-in-command
of an aircraft within the appropriate category required to be operated with a copilot, the
following procedures and manoeuvres—
(a) pre-flight procedures, including the preparation of the operational flight plan
and filing of the air traffic services flight plan;
(b) normal flight procedures and manoeuvres during all phases of flight;
(c) abnormal and emergency procedures and manoeuvres related to failures and
malfunctions of equipment, such as powerplant, systems and airframe;
(d) procedures for crew incapacitation and crew coordination, including allocation
of pilot tasks, crew cooperation and use of checklists; and
(e) in the case of aeroplanes and powered-lifts, procedures and manoeuvres for
instrument flight described in regulation 78, including simulated engine failure.
(5) In the case of an aeroplane, the applicant shall have demonstrated the ability
to perform the procedures and manoeuvres described in sub regulation (4) as pilot-in-
command of a multi-engined aeroplane.
(6) The applicant shall have demonstrated the ability to perform the procedures and
manoeuvres described in subregulation (4) with a degree of competency appropriate to the
privileges granted to the holder of an airline transport pilot licence, and to—
(a) recognize and manage threats and errors;
(b) smoothly and accurately, manually control the aircraft within its limitations at
all times, such that the successful outcome of a procedure or manoeuvre is
assured;
(c) operate the aircraft in the mode of automation appropriate to the phase of
flight and to maintain awareness of the active mode of automation;
(d) perform, in an accurate manner, normal, abnormal and emergency
procedures in all phases of flight;
(e) exercise good judgement and airmanship, to include structured decision
making and the maintenance of situational awareness; and
(f) communicate effectively with other flight crewmembers and demonstrate
the ability to effectively perform procedures for crew incapacitation, crew
coordination, including allocation of pilot tasks, crew cooperation, adherence
to standard operating procedures and use of checklists.
64. Privileges and limitations
(1) A holder of Multi-Crew Pilot Licence shall—
(a) exercise all the privileges of the holder of a private pilot licence in the
aeroplane category provided the requirements of regulation 40 have been
met;
(b) to exercise the privileges of the instrument rating in a multicrew operation; and
(c) to act as co-pilot of an aeroplane required to be operated with a co-pilot.
(2) A holder of Multi-Crew Pilot Licence shall, before exercising the privileges of the
instrument rating in a single-pilot operation in aeroplanes, have demonstrated an ability
to act as pilot-in command in a single-pilot operation exercised by reference solely to

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instruments and shall have met the skill requirement of regulation 76 appropriate to the
aeroplane category.
(3) A holder of Multi-Crew Pilot Licence shall before exercising the privileges of a
commercial pilot licence in a single-pilot operation in aeroplanes, have—
(a) completed in aeroplanes 70 hours, either as pilot-in command, or made up
of not less than 10 hours as pilot-in-command and the necessary additional
flight time as pilot-in-command under supervision;
(b) completed 20 hours of cross-country flight time as pilot-in-command, or made
up of not less than 10 hours as pilot-in-command and 10 hours as pilot-
in command under supervision, including a cross-country flight totalling not
less than 540 kilometers (300 nautical miles) in the course of which full-stop
landings at two different aerodromes shall be made; and
(c) met the requirements for the commercial pilot licence with the exception of
regulation 51 (b).
65. Renewal requirements
A holder of Multi-Crew Pilot Licence may apply for renewal of the licence if the holder of
the licence has logged not less than six hours as pilot in command or co-pilot and has done
six take-offs and landings within the six months preceding the date of application for renewal.
PART VII – PILOT RATINGS AND AUTHORIZATION
66. Category rating
A pilot seeking a category rating shall—
(a) have received the required training and possess the aeronautical experience
prescribed by these regulations for the aircraft category and, if applicable,
class and type rating sought;
(b) have an endorsement in that pilot's logbook or training record from an
authorised instructor that the applicant has been found competent in the
following areas, as appropriate to the pilot licence for the aircraft category
and, if applicable, class and type rating sought—
(i) aeronautical knowledge areas; and
(ii) areas of operation; and
(c) pass the knowledge and practical test that is appropriate to the pilot licence
for the aircraft category and, if applicable, the class rating sought.
67. Class ratings
A pilot seeking an additional class rating—
(a) shall have an endorsement in that pilot's logbook or training record from
an authorised instructor that the applicant has been found competent in the
following areas, as appropriate to the pilot licence and for the aircraft class
rating sought—
(i) aeronautical knowledge area; and
(ii) areas of operation;
(b) shall pass the practical test applicable to the pilot licence for the aircraft class
rating sought
(c) need not meet the training time requirements prescribed under these
Regulations for the aircraft class rating sought; and
(d) need not take an additional knowledge test, if the applicant holds an
aeroplane, rotorcraft or airship category at that pilot licence level.
68. Type ratings
(1) To act as a pilot in command of—

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(a) an aircraft certificated for at least two pilots;


(b) any aircraft considered necessary by the Authority; or
(c) each type of helicopter, a pilot shall hold a type rating for that aircraft.
(2) A person shall not act as a commercial pilot in an aeroplane of which the maximum
certificated take-off mass of over 2,300 kilograms unless that person's licence includes an
Instrument Rating.
(3) A pilot seeking an aircraft type rating to be added on a pilot licence, or the addition of
an aircraft type rating that is accomplished concurrently with an additional aircraft category
or class rating shall—
(a) have demonstrated the skill and knowledge required for the safe operation
of the applicable type of aircraft, relevant to the licensing requirements and
piloting functions of the applicant;
(b) pass the flight check-out for the aircraft type rating sought; and
(c) pass a knowledge test on the aircraft type on which the rating is sought;
(d) for aeroplanes of maximum certificated take-off mass of 5,700 kilograms or
below not less than five hours of dual flight time in the aircraft type sought;
(e) for aeroplanes of maximum certificated take-off mass of over 5,700 kilograms
where training is conducted in—
(i) a synthetic flight trainer, not less than 30 hours of synthetic flight trainer
time and 3 hours of actual flying time in the aircraft type sought; or
(ii) Level D synthetic flight trainer of the aircraft type sought approved by
the Authority, not less than 36 hours.
(4) The applicant shall have gained, under appropriate supervision, experience in the
applicable type of aircraft or flight simulator in the following—
(a) normal flight procedures and manoeuvres during all phases of flight;
(b) abnormal and emergency procedures and manoeuvres in the event of failures
and malfunctions of equipment, such as engine, systems and airframe;
(c) where applicable, instrument procedures, including instrument approach,
missed approach and landing procedures under normal, abnormal and
emergency conditions, including simulated engine failure;
(d) for the issue of an aeroplane category type rating, loss of control in flight and
upset prevention and recovery training; and
(e) procedures for crew incapacitation and crew coordination including allocation
of pilot tasks; crew cooperation and use of checklists.
(5) For the purpose of training, testing, or specific special purpose non-revenue and non-
passenger carrying flights, special authorization may be provided in writing to the licence
holder by the Licensing Authority in place of issuing the class or type rating in accordance
with this regulation and shall be limited in validity to the time needed to complete the specific
flight.
69. Category II and III operations pilot authorisation requirements
(1) An applicant for a Category II or Category III operations pilot authorisation shall—
(a) hold a pilot licence with an instrument rating or an airline transport pilot
licence;
(b) hold a category and class rating, and type rating, for the aircraft for which the
authorisation is sought; and
(c) complete the practical test requirements.
(2) An applicant for a Category II or Category III operations pilot authorisation shall have
at least—
(a) fifty hours of night flight time as pilot-in-control;

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(b) seventy-five hours of instrument time under actual or simulated instrument


conditions that may include not more than—
(i) a combination of twenty-five hours of simulated instrument flight time
in an approved synthetic flight trainer; or
(ii) forty hours of simulated instrument flight time if accomplished in
an approved course conducted by an appropriately rated approved
training organisation certified under the Civil Aviation (Approved
Training Organisations) Regulations; and
(c) two hundred fifty hours of cross-country flight time as pilot-in-control.
(3) Upon passing a practical test for a Category II or III operations pilot authorisation,
a pilot may renew that authorisation for each type of aircraft for which the pilot holds the
authorisation.
(4) The Authority may not renew a Category II or Category III operations pilot
authorisation for a specific type aircraft for which an authorisation is held beyond twelve
months from the date the applicant passed a practical test in that type of aircraft.
(5) Where the holder of a Category II or Category III operations pilot authorisation passes
the practical test for a renewal in the month before the authorisation expires, the Authority
will consider that the holder passed it on the date the authorisation expired.
(6) The Authority may issue a Category II or Category III pilot authorisation by way of a
letter, as a part of an applicant's instrument rating or pilot licence.
(7) Upon original issue the authorisation shall contain the following limitations—
(a) for Category 11 operations, five hundred metres runway visual range and a
one hundred and fifty feet decision height; and
(b) for Category III operations, as specified in the authorisation document.
(8) To remove the limitations on a Category II or Category III pilot authorisation—
(a) a Category II operations limitation holder may remove the limitation by
showing that, since the beginning of the sixth preceding month, the holder
has made three Category II operations ILS approaches with a one hundred
and fifty foot decision height to a landing under actual or simulated instrument
conditions; or
(b) a Category III operations limitation holder may remove the limitation by
showing experience as specified in the authorisation.
(9) An authorisation holder or an applicant for an authorisation may use a synthetic
flight trainer if that synthetic flight trainer is approved by the Authority for such use, to meet
the experience requirement of sub-regulation (11), or for the practical test required by these
Regulations for a Category II or a Category Ill operations pilot authorisation, as applicable.
(10) An applicant for the
(a) issue or renewal of a Category 11 operations pilot authorisation; and
(b) the addition of another type of aircraft to a Category II operations pilot
authorisation, shall pass a practical test.
(11) To be eligible for the practical test for an authorisation under this regulation, an
applicant shall—
(a) meet the requirements of this regulation; and
(b) if the applicant has not passed a practical test for this authorisation within the
twelve months preceding the date of the test—
(i) meet the requirements of the Civil Aviation (Operation of Aircraft)
Regulations, 2013; and
(ii) have performed at least six ILS approaches within the six calendar
months preceding the date of the test, of which at least three of the
approaches shall have been conducted without the use of an approach
coupler.

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(12) An applicant shall accomplish the approaches specified in subregulation (11)(b)


(ii)—
(a) under actual or simulated instrument flight conditions;
(b) to the minimum decision height for the ILS approach in the type aircraft in
which the practical test is to be conducted, except that the approaches need
not be conducted to the decision height authorised for Category II operations;
(c) to the decision height authorised for Category II operations only if conducted
in an approved synthetic flight trainer qualified for Category II operations; and
(d) in an aircraft of the same category and class and type, as applicable, as
the aircraft in which the practical test is to be conducted or in an approved
synthetic flight trainer that—
(i) represents an aircraft of the same category and class and type, as
applicable, as the aircraft in which the authorisation is sought; and
(ii) is used in accordance with an approved course conducted by
an approved training organisation certified under the Civil Aviation
(Approved Training Organisations) Regulations, 2013.
(13) The flight time acquired in meeting the requirements of subregulation (11)(b)(ii) may
be used to meet the requirements of subregulation (11)(b)(i).
(14) A category II operations practical test consists of an oral and flight increment —
(a) in case of an oral increment test the applicant shall demonstrate knowledge
of the following—
(i) required landing distance;
(ii) recognition of the decision height;
(iii) missed approach procedures and techniques using computed or fixed
altitude guidance displays;
(iv) use and limitations of runway visual range;
(v) use of visual clues, their availability or limitations, and altitude at which
they are normally discernible at reduced runway visual range;
(vi) procedures and techniques related to transition from nonvisual to
visual flight during a final approach under reduced runway visual
range;
(vii) effects of vertical and horizontal winds hear;
(viii) characteristics and limitations of the Instrument Landing System and
runway lighting system;
(ix) characteristics and limitations of the flight director system, auto
approach coupler, including split axis type if equipped, auto throttle
system if equipped, and other required Category II operations
equipment;
(x) assigned duties of the co-pilot during Category II approaches, unless
the aircraft for which authorisation is sought does not require an co-
pilot; and
(xi) instrument and equipment failure warning systems.
(b) the case of a flight increment test it shall be conducted in an aircraft of the
same category, class, and type, as applicable, as the aircraft in which the
authorisation is sought or in an approved synthetic flight trainer that—
(i) represents an aircraft of the same category and class, and type, as
applicable, as the aircraft in which the authorisation is sought; and
(ii) is used in accordance with an approved course conducted by an
Approved Training Organisation certificated under the Civil Aviation
(Approved Training Organisations) Regulations.

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(15) The flight increment shall consist of at least two Instrument Landing System
approaches to one hundred feet above including at least one landing and one missed
approach.
(16) All approaches performed during the flight increment shall be made with the use of
an approved flight control guidance system, except if an approved auto approach coupler is
installed, at least one approach shall be hand flown using flight director commands.
(17) If a multiengine aeroplane with the performance capability to execute a missed
approach with one engine inoperative is used for the practical test, the flight increment shall
include the performance of one missed approach with an engine, which shall be the most
critical engine, if applicable, set at idle or zero thrust before reaching the middle marker.
(18) If an approved multi-engine synthetic flight trainer is used for the practical test, the
applicant shall execute a missed approach with the most critical engine, if applicable, failed.
(19) For an authorisation for an aircraft that requires a type rating, the applicant shall
pass a practical test in co-ordination with a co-pilot who holds a type rating in the aircraft
in which the authorisation is sought;
(20) The Authority's inspector or evaluator may conduct oral questioning at any time
during a practical test.
(21) The Authority shall require that an applicant pass a practical test for—
(a) issue or renewal of a Category III operations pilot authorisation; or
(b) the addition of another type of aircraft to a Category III operations pilot
authorisation.
(22) To be eligible for the practical test an applicant shall—
(a) meet the requirements of this regulation; and
(b) if the applicant has not passed a practical test for this authorisation during the
twelve calendar months preceding the month of the test shall—
(i) meet the requirements of the Civil Aviation (Operation of Aircraft)
Regulations; and
(ii) have performed at least six Instrument Landing System approaches
during the six calendar months preceding the month of the test, of
which at least three of the approaches shall have been conducted
without the use of an approach coupler.
(23) An applicant shall conduct the approaches specified in subregulation (22)(b)(ii)—
(a) under actual or simulated instrument flight conditions;
(b) to the alert height or decision height for the Instrument Landing System
approach in the type of aircraft in which the practical test is to be conducted;
(c) not necessarily to the decision height authorised for Category 111 operations;
(d) to the alert height or decision height, as applicable, authorised for Category
III operations only if conducted in an approved synthetic flight trainer; and
(e) in an aircraft of the same category and class, and type, as applicable, as
the aircraft in which the practical test is to be conducted or in an approved
synthetic flight trainer that—
(i) represents an aircraft of the same category and class, and type, as
applicable, as the aircraft for which the authorisation is sought; and
(ii) is used in accordance with an approved course conducted by an
approved training organisation certificated under the Civil Aviation
(Approved Training Organisations) Regulations.
(24) An applicant for a Category III operations pilot authorisation shall demonstrate
knowledge of the following—
(a) required landing distance;

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(b) determination and recognition of the alert height or decision height, as


applicable, including use of a radio altimeter;
(c) recognition of and proper reaction to significant failures encountered prior to
and after reaching the alert height or decision height, as applicable;
(d) missed approach procedures and techniques using computed or fixed attitude
guidance displays and expected height loss as they relate to manual go-
around or automatic go-around, and initiation altitude, as applicable;
(e) use and limitations of runway visual range, including determination of
controlling runway visual range and required transmissometers;
(f) use, availability, or limitations of visual cues and the altitude at which they are
normally discernible at reduced runway visual range readings including—
(i) unexpected deterioration of conditions to less than minimum runway
visual range during approach, flare, and rollout;
(ii) demonstration of expected visual references with weather at minimum
conditions;
(iii) the expected sequence of visual cues during an approach in which
visibility is at or above landing minima; and
(iv) procedures and techniques for making a transition from instrument
reference flight to visual flight during a final approach under reduced
runway visual range;
(f) effects of vertical and horizontal windshear;
(h) characteristics and limitations of the ILS and runway lighting system;
(i) characteristics and limitations of the flight director system auto approach
coupler, including split axis type if equipped, auto throttle system, if equipped,
and other Category III operations equipment;
(j) assigned duties of the co-pilot during Category III operations, unless the
aircraft for which authorisation is sought does not require a co-pilot;
(k) recognition of the limits of acceptable aircraft position and flight path tracking
during approach, flare, and if applicable, rollout; and
(l) recognition of, and reaction to, airborne or ground system faults or
abnormalities, particularly after passing alert height or decision height, as
applicable.
(25) An applicant for Category III operations pilot authorisation may conduct the practical
test in an aircraft of the same category and class, and type, as applicable, as the aircraft for
which the authorisation is sought, or in an approved synthetic flight trainer that—
(a) represents an aircraft of the same category and class, and type, as applicable,
as the aircraft in which the authorisation is sought; and
(b) is used in accordance with an approved course conducted by an approved
training organisation certificated under the Civil Aviation (Approved Training
Organisations) Regulations.
(26) A Category III operations practical test shall consist of at least two ILS approaches
to one hundred feet above ground level, including one landing and one missed approach
initiated from a very low altitude that may result in a touchdown during the go-around
manoeuvre.
(27) An applicant for Category III operations pilot authorization shall perform all
approaches during the practical test with the approved automatic landing system or an
equivalent landing system approved by the Authority.
(28) If a multiengine aircraft with the performance capability to execute a missed
approach with one engine inoperative is used for Category III operations pilot authorisation
practical test, the practical test shall include the performance of one missed approach with
the most critical engine, if applicable, set at an idle or zero thrust before reaching the middle
or outer marker.

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(29) If an approved multiengine synthetic flight trainer is used for the Category III
operations pilot authorisation practical test, the applicant shall execute a missed approach
with an engine, which shall be the most critical engine, if applicable, failed.
(30) For a Category III operations pilot authorisation for an aircraft that requires a type
rating the applicant shall pass a practical test in co-ordination with a co-pilot who holds a
type rating in the aircraft in which the authorisation is sought.
(31) Subject to the limitations of this sub-regulation, for Category IIIB operations
predicated on the use of a fail-passive rollout control system, the applicant shall execute at
least one manual rollout using visual reference or a combination of visual and instrument
references, and shall initiate the manoeuvre by a fail-passive disconnect of the rollout control
system—
(a) after main gear touchdown;
(b) prior to nose gear touchdown;
(c) in conditions representative of the most adverse lateral touchdown
displacement allowing a safe landing on the runway; and
(d) in weather conditions anticipated in Category III B operations.
(32) A person authorised by the Authority may conduct an oral test at any time during
the Category III operations pilot authorisation practical test.
70. Balloon ratings
Where an applicant for a Private Pilot Licence or Commercial Pilot Licence balloon
successful takes a practical test in—
(a) a balloon with an airborne heater, the Authority shall place upon the pilot
licence a limitation restricting the exercise of the privileges of that licence to
a balloon with an airborne heater; or
(b) a gas balloon, the Authority shall place upon the pilot licence a limitation
restricting the exercise of the privilege of that licence to a gas balloon.
Night Rating
71. General eligibility requirements
A Private Pilot Licence holder shall not act as a pilot in command by night in the aircraft
unless a night rating or an instrument rating is included in his or her licence.
72. Flight instruction requirements
An applicant for a night rating shall have received five hours dual instruction under a
qualified instructor in night flying, five flights as pilot in command including five take offs and
landings in an aircraft.
73. Privileges and limitations
A night rating shall entitle a Private Pilot Licence holder to act as a pilot in command of
an aircraft at night but does not entitle the holder to pilot an aircraft under Instrument Flight
Rules conditions.
74. Renewal requirements
An applicant for a night rating renewal shall have within the immediately preceding six
months carried out as pilot in command not less than five takeoffs and five landings at night.
Instrument Rating
75. General eligibility requirements
(1) A holder of a pilot licence shall not act either as pilot in command or as co-pilot of an
aircraft under instrument flight rules unless such holder has received an instrument rating
appropriate to the aircraft category.
(2) An applicant for an instrument rating shall—

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(a) hold a Private Pilot Licence or Commercial Pilot Licence with an aircraft
category and type rating for the instrument rating sought;
(b) receive a logbook or training record endorsement from an authorised
instructor certifying that the person is prepared to take the required practical
test;
(c) pass the required knowledge test on the aeronautical knowledge areas,
unless the applicant already holds an instrument rating in another category;
(d) pass the required practical test on the areas of operation in—
(i) the aircraft category, and type appropriate to the rating sought; or
(ii) a synthetic flight trainer or a flight training device appropriate to the
rating sought and approved for the specific manoeuvre or procedure
performed;
(e) be in possession of a valid Class I medical certificate issued under these
regulations.
76. Aeronautical knowledge requirements
An applicant for an instrument rating (aeroplanes and helicopters) shall receive and
record ground training from an authorised instructor on the following subjects—
(a) air law—
rules and regulations relevant to flight under Instrument Flight Rules (IFR);
related air traffic services practices and procedures;
(b) aircraft general knowledge—
(i) use, limitation and serviceability of avionics and instruments
necessary for the control and navigation of aircraft under Instrument
Flight Rules and in instrument meteorological conditions; use and
limitations of autopilot;
(ii) compasses, turning and acceleration errors; gyroscopic instruments,
operational limits and precession effects; practices and procedures in
the event of malfunctions of various flight instruments;
(c) flight performance and planning—
(i) pre-flight preparations and checks appropriate to flight under
Instrument Flight Rules;
(ii) operational flight planning; preparation and filing of air traffic
services flight plans under Instrument Flight Rules; altimeter setting
procedures;
(d) human performance—
human performance relevant to instrument flight in aircraft including principles
of threat and error management;
(e) meteorology—
(i) application of aeronautical meteorology; interpretation and use of
reports, charts and forecasts; codes and abbreviations; use of, and
procedures for obtaining, meteorological information; altimetry;
(ii) causes, recognition and effects of engine and airframe icing; frontal
zone penetration procedures; hazardous weather avoidance;
(f) navigation—
(i) practical air navigation using radio navigation aids;
(ii) use, accuracy and reliability of navigation systems used in departure,
en-route, approach and landing phases of flight; identification of radio
navigation aids;
(g) operational procedures—

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(i) interpretation and use of aeronautical documentation such as


Aeronautical Information Publishing, NOTAM, aeronautical codes and
abbreviations, and instrument procedure charts for departure, en-
route, descent and approach;
(ii) precautionary and emergency procedures; safety practices
associated with flight under Instrument Flight Rules;
(iii) application of threat and error management to operational
performance.
(h) radiotelephony—
radiotelephony procedures and phraseology as applied to aircraft operations
under Instrument Flight Rules; action to be taken in case of communication
failure.
77. Flight instruction requirements
(1) An applicant for an Instrument Rating shall have 20 hours or more of the instrument
flight time required in regulation 79 (2) (b) while receiving and logging dual instruction in
aircraft from an authorised flight instructor in an aircraft or approved synthetic flight trainer,
on the subjects listed in the regulation 75.
(2) The applicant shall have gained not less than 10 hours of the instrument flight time
required in regulation 73(2)(b) while receiving dual instrument flight instruction in the aircraft
category being sought, from an authorized flight instructor.
(3) The instructor shall ensure that the applicant has operational experience in at least
the following areas to the level of performance required for the holder of an instrument rating

(a) pre-flight procedures, including the use of the flight manual or equivalent
document; and appropriate air traffic services documents in the preparation
of an Instrument Flight Rules flight plan;
(b) pre-flight inspection, use of checklists, taxiing and pre-takeoff checks;
(c) procedures and manoeuvres for Instrument Flight Rules operation under
normal, abnormal and emergency conditions covering at least—
(i) transition to instrument flight on take-off;
(ii) standard instrument departures and arrivals;
(iii) en-route Instrument Flight Rules procedures;
(iv) holding procedures;
(v) instrument approaches to specified minima;
(vi) missed approach procedures; and
(vii) landings from instrument approaches;
(d) in-flight manoeuvres and particular flight characteristics; or
(e) demonstrate the ability to operate multi-engined aircraft within the appropriate
category by reference solely to instrument with one engine inoperative, or
simulated inoperative, if the privileges of the instrument rating arc to be
exercised on such aircraft.
78. Aeronautical experience and skill requirements
(1) An applicant for an Instrument Rating shall hold a Private Pilot Licence or a
Commercial Pilot Licence or Airline Transport Pilot Licence for the aircraft category being
sought.
(2) An applicant for instrument rating shall have completed not less than—
(a) 50 hours of cross-country flight time as pilot-in-command of aircraft in
categories acceptable to the Authority, of which not less than 10 hours shall
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(b) 40 hours of instrument time in Helicopters or Aeroplanes of which not more


than 20 hours, or 30 hours where a Flight Simulator is used, may be
instrument ground time under the supervision of an authorised instructor.
(3) the privileges of the instrument rating are to be exercised on a multi- engine
aeroplane out of the 20 hours specified in regulation 79(2)(b) the applicant must have
received 15 hours of dual instruction in such an aeroplane from an authorised flight instructor.
(4) An applicant shall have demonstrated the ability to perform as pilot-in command
of an aircraft, the procedures and manoeuvres described in regulation 76 with a degree of
competency appropriate to the privileges granted to the holder of an Instrument rating and
to—
(a) operate the aircraft within its limitations;
(b) complete all manoeuvres with smoothness and accuracy;
(c) exercise good judgement and airmanship;
(d) apply aeronautical knowledge;
(e) maintain control of the aircraft at all times in a manner such that the successful
outcome of the procedures or manoeuvre is never seriously in doubt; and
(f) recognize and manage threats and errors.
(5) An applicant shall have demonstrated the ability to operate a multi-engine aeroplane
solely by reference to instruments with one engine inoperative, or simulated inoperative, if
the privileges of the Instrument rating are to be exercised on such aeroplane.
79. Privileges and limitations
(1) A holder of an instrument rating may act as pilot of an aircraft flying in accordance
with instrument flight rules.
(2) To exercise the privileges on a multi- engine aircraft, the holder shall have complied
with the requirements of Regulations 72,75 and 77
80. Renewal requirements
An applicant for renewal of instrument rating shall pass a flight test either on an aircraft
or an approved synthetic flight trainer of an aircraft type rating included in the pilot licence.
Flight Instructor Rating
Flight Instructor Rating
81. Eligibility Requirements
(1) To be eligible for a flight instructor rating an applicant shall—
(a) be at least eighteen years of age;
(b) hold either a Commercial Pilot Licence or Airline Transport Pilot Licence with

(i) an aircraft category and class rating that is appropriate to the flight
instructor rating sought; and
(ii) an instrument rating, if the person holds a Commercial Pilot Licence
and is applying for a flight instructor rating with—
(aa) an aeroplane category and multiengine class rating; and
(bb) an instrument rating;
(c) have received a logbook endorsement from an authorised instructor on the
fundamentals of instructing listed in regulation 82 appropriate to the required
knowledge test;
(d) have passed a knowledge test on the areas listed in regulation 82;
(e) have received a logbook endorsement from an authorised instructor on the
areas of operation listed in regulation 85, appropriate to the flight instructor
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(f) have passed the required practical test on the areas of operations listed in
regulation 85, that is appropriate to the flight instructor rating sought in:
(i) an aircraft that is representative of the category and class of aircraft
for the aircraft rating sought; or
(ii) an approved synthetic flight trainer that is representative of the
category and class of aircraft for the rating sought, and used
in accordance with an approved course at an approved training
organisation certificated under the Civil Aviation (Approved Training
Organisations) Regulations, 2013;
(g) have accomplished the following for a flight instructor rating with an aircraft
rating—
(i) receive a logbook endorsement from an authorised instructor
indicating that the applicant is competent and possesses instructional
proficiency in stall awareness, spin entry, spins, and spin recovery
procedures after receiving flight training in those training areas in an
aircraft, as appropriate, that is certificated for spins; and
(ii) demonstrate instructional proficiency in stall awareness, spin entry,
spins, and spin recovery procedures;
(h) have logged at least fifteen hours as pilot-in-command in the category, class
and type of aircraft that is appropriate to the flight instructor rating sought; and
(i) have complied with the appropriate regulations that apply to the flight
instructor rating sought.
(2) For the purpose of the requirement of sub regulation (1 )(g)(ii), the Authority may
accept the endorsement specified in paragraph (g)(i) as satisfactory evidence of instructional
proficiency in stall awareness, spin entry, spins, and spin recovery procedures for the
practical test, provided that the practical test is not a retest as a result of the applicant failing
the previous test for deficiencies in those knowledge or skill areas.
(3) If the retest referred in sub-regulation (2) is the result of deficiencies in the ability of
an applicant to demonstrate the requisite knowledge or skill, the applicant shall demonstrate
the knowledge and skill to an examiner in an aircraft, as appropriate, that is certificated for
spins.
82. Aeronautical knowledge requirements
(1) The applicant shall have met the knowledge requirements for the issue of a
commercial pilot licence as prescribed in regulation 49 as appropriate.
(2) addition, to the requirements of sub-regulation (1) the applicant shall demonstrate
a level of knowledge appropriate to the privileges granted to the holder of a flight instructor
rating, in the following areas—
(a) techniques of applied instruction;
(b) assessment of student performance in those subjects in which ground
instruction is given;
(c) the learning process;
(d) elements of effective teaching;
(e) student evaluation and testing, training philosophies;
(f) training programme development;
(g) lesson planning;
(h) classroom instructional techniques;
(i) use of training aids;
(j) analysis and correction of student errors;
(k) human performance relevant to flight instruction; and
(l) hazards involved in simulating system failures and malfunctions in the air

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83. Aeronautical experience


(1) An applicant for a flight instructor rating shall have met the experience requirements
for the issue of a commercial pilot licence as prescribed in regulation 51.
(2) An applicant for a flight instructor rating shall demonstrate, in the category of aircraft
for which flight instructor privileges are sought, the ability to instruct in those areas in which
flight instruction is to be given, including pre-flight, post-flight and ground instruction as
appropriate.
84. Instruction requirements
An applicant for a flight instructor rating shall, under the supervision of an authorised
flight instructor—
(a) have received instruction of not less than twenty hours in flight instructional
techniques including demonstration, student practices, recognition and
correction of common student errors; and
(b) have practised instructional techniques in those flight manoeuvres and
procedures in which it is intended to provide flight instruction.
85. Trainees records
A holder of a flight instructor rating shall—
(a) sign the logbook or any other approved record keeping document of each
person to whom that instructor has given flight training or ground training;
(b) maintain a record in a logbook or a separate document that contains the
following—
(i) the name of each person whose logbook that instructor has endorsed
for solo flight privileges, and the date of the endorsement; and
(ii) the name of each person that instructor has endorsed for a knowledge
test or practical test and a record of the kind of test, the date, and the
results; and
(c) retain the records required by this regulation for three years from the date of
giving the flight training or ground training.
86. Additional category
An applicant for an additional category flight instructor rating shall meet the eligibility
requirements listed in regulation 82 that apply to the flight instructor rating sought.
87. Privileges
(1) A flight instructor shall have the following privileges—
(a) to supervise student pilots on solo flights;
(b) to carry out flight and ground instructions for the issue or renewal of—
(i) a private pilot licence;
(ii) a commercial Pilot licence:
(iii) an instrument rating; and
(iv) a flight instructor rating.
(2) To exercise the privileges in sub-regulation (1) a flight Instructor shall—
(a) hold a licence and rating for which instruction is to be given in the appropriate
aircraft category;
(b) holds a licence and rating necessary to act as the pilot-in-command of the
aircraft on which the instruction is to be given; and
(c) have the flight instructor privileges entered on the licence.
(3) A flight instructor shall not carry out instruction on a flight simulation training device
required for the issue of a pilot licence or rating unless such person—

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(a) holds or has held an appropriate licence;


(b) has appropriate flight training and flight experience; and
(c) has received proper authorization from Authority.
(4) The applicant, in order to carry out instruction for the multicrew pilot licence, shall
have also met all the instructor qualification requirements.
(5) A flight instructor shall not supervise a student on a solo flight (day or night), or
release a student on a solo cross-country unless such person—
(a) has completed six months of instructional duties;
(b) has at least 200 hours experience as an instructor;
(c) has a minimum of 400 hours experience as pilot in command of aircraft; and
(d) has passed a flight instructor rating practical test for removal of limitations
appropriate to the flight instructor rating sought in—
(i) an aircraft that is representative of the category and class of aircraft
for the aircraft rating sought; or
(ii) an approved flight simulation training device that is representative
of the category and class of aircraft for the rating south, and used
in accordance with an approved course at an approved training
organisation certificated under the Civil Aviation (Approved Training
Organisations) Regulations and the practical test described in (d)
above shall be conducted by a person duly authorized by the Authority.
88. Limitations and qualifications
(1) A holder of a flight instructor rating shall observe the limitations and qualifications
specified in this regulation.
(2) In any twenty four consecutive-hour period, a flight instructor may not conduct more
than eight hours of flight training.
(3) flight instructor shall not conduct flight training in any aircraft for which the flight
instructor does not hold—
(a) a valid pilot licence with the applicable category and class rating and flight
instructor rating;
(b) if appropriate, a type-rating;
(c) for instrument flight training or for training for a type rating not limited to visual
flight rules, an appropriate instrument rating on his pilot licence and flight
instructor rating.
(4) A flight instructor shall not endorse—
(a) a student pilot's logbook for solo flight privileges, unless that flight instructor
has—
(i) given that student the flight training required for solo flight privileges
required under these Regulations;
(ii) determined that the student is prepared to conduct the flight safely
under known circumstances, subject to any limitations listed in the
student's logbook that the instructor considers necessary for the safety
of the flight;
(iii) given the student pilot training in the make and model of aircraft or
a similar make and model of aircraft in which the solo flight is to be
flown; and
(iv) endorsed the student pilot's logbook for the specific make and model
aircraft to be flown
(b) a student pilot's logbook for a solo cross-country flight, unless the flight
instructor has determined that—

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(i) the student's flight preparation, planning, equipment, and proposed


procedures are adequate for the proposed flight under the existing
conditions and within any limitations listed in the logbook that the
instructor considers necessary for the safety of the flight; and
(ii) the student has the appropriate solo cross-country endorsement for
the make and model of aircraft to be flown;
(c) a logbook of a pilot for a flight check-out, unless that instructor has conducted
a review of that pilot in accordance with the requirements of regulation 29; and
(d) a logbook of a pilot for an instrument proficiency check, unless that instructor
has tested that pilot in accordance with the requirements of Civil Aviation
(Operation of Aircraft) Regulations.
(5) A flight instructor shall not give training required for the issue of a licence or rating
in a multiengine aeroplane or helicopter unless that flight instructor has at least five flight
hours of PIC time in the specific make and model of multiengine aeroplane or helicopter,
as appropriate.
(6) A flight instructor shall not provide instruction to a pilot to qualify for a flight instructor
rating unless that flight instructor—
(a) holds an appropriate valid flight instructor rating and has exercised the
privileges of that rating within the last twenty four months
(b) has given two hundred hours of flight training as a flight instructor in the
relevant aircraft category; and
(c) in the case of glider rating, has given at least eighty hours of flight training as
a flight instructor in gliders.
89. Renewal requirements
A flight instructor rating may be renewed if the applicant—
(a) passes a practical test for—
(i) renewal of the flight instructor rating; or
(ii) an additional flight instructor privileges; or
(b) presents to the Authority—
(i) a record of training students that shows that within twelve months
preceding the date of application for renewal of the rating, the flight
instructor has endorsed at least five students for a practical test for a
licence or rating, and at least eighty percent of those students passed
that test on the first attempt; or
(ii) a record that shows that within the preceding twelve months, the flight
instructor has performed as a flight instructor or company check pilot
and has logged not less than 20 instructional hours.
(iii) a certificate showing that the applicant has successfully completed
an approved flight instructor refresher course consisting of ground
training or flight training, or both, within the ninety days preceding the
date of the expiry of the flight instructor rating
90. Renewal of an expired flight instructor rating
A holder of an expired flight instructor rating shall pass a flight instructor's practical test
in order to renew the expired flight instructor rating.
Flight Examiner Authorisation
91. Flight examiner requirements
(1) A flight examiner shall hold—
(a) a licence and rating for which he is authorized to conduct skill tests or
proficiency checks; and

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(b) appropriate flight instructor ratings for skill tests.


(2) To qualify for a flight examiner's authorisation, a pilot shall have logged 1000 hours
of flight time and 200 hours providing flight instruction.
(3) The ground, flight and synthetic flight training for examiner shall include the subjects
listed in regulation 73.
(4) To qualify for a flight examiner's authorisation, a pilot shall have conducted at
least one skill test under the observation by the Authority, in the role of an examiner for
which authorization is sought, including briefing, conduct of the skill test, assessment of the
applicant to whom the skill test is given, debriefing and recording or documentation.
(5) Subject to compliance with the requirements specified in these Regulations, the
privileges of the examiner's authorization are to conduct skill tests and proficiency checks
for a licence and ratings.
92. Flight examiner training requirements
(1) The ground training for examiners shall include—
(a) examiner duties, functions and responsibilities;
(b) applicable regulations and procedures;
(c) appropriate methods, procedures and techniques for conducting the required
tests and checks;
(d) proper evaluation of student performance including the detection of:
(i) improper and insufficient training; and
(ii) personal characteristics of an applicant that could adversely affect
safety;
(e) appropriate corrective action in the case of unsatisfactory tests and checks;
and
(f) approved methods, procedures and limitations for performing the required
normal, abnormal and emergency procedures in the aircraft.
(2) The flight training shall include—
(a) training and practice in conducting flight evaluation from the left and right pilot
seats for pilot examiners in the required normal, abnormal and emergency
procedures to ensure competence to conduct the flight tests and checks;
(b) the potential results of improper, untimely or non-execution of safety
measures during an evaluation; and
(c) the safety measures to be taken from either pilot seat for pilot check
examiners for emergency situations that are likely to develop during an
evaluation.
(3) The flight training for examiners in synthetic flight trainer shall include—
(a) training and practice in conducting flight checks in the required normal,
abnormal and emergency procedures to ensure competence to conduct the
evaluations tests and checks required under these Regulations; and
(b) training in the operation of synthetic flight trainer to ensure competence to
conduct the evaluations required under these Regulations.
PART VIII – LICENCES FOR FLIGHT CREWMEMBERS OTHER THAN PILOTS
Flight Engineer Licence
93. Licences and ratings required
A person shall not act as a flight engineer of an aircraft registered inKenya unless that
person holds a flight engineer licence with appropriate ratings.
94. General eligibility requirements
An applicant for a flight engineer licence shall—

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(a) be at least eighteen years of age;


(b) demonstrate the ability to read, speak, write and understand the English
language in accordance with the language proficiency requirements
contained in the First Schedule to these Regulations;
(c) comply with the requirements of these Regulations that apply to the rating
sought; and
(d) possess a valid Class 1 Medical Certificate issued under these Regulations.
95. Additional aircraft ratings
An applicant for an additional aircraft class, category or type rating flight engineer licence,
shall—
(a) pass the knowledge test and practical test that is appropriate to the class
category or type of aircraft for which an additional rating is sought; and
(b) satisfactorily complete an approved flight engineer training program that is
appropriate to the additional class rating sought.
96. Knowledge requirements
(1) An applicant for a flight engineer licence shall have demonstrated a level of
knowledge appropriate to the privileges granted to the holder of a flight engineer licence and
shall pass a knowledge test on the following subjects—
(a) air law: rules and regulations relevant to the holder of a flight engineer licence,
rules and regulations governing the operation of aircraft pertinent to the duties
of a flight engineer;
(b) aircraft general knowledge—
(i) basic principles of powerplants, gas turbines or piston engines,
characteristics of fuels, fuel systems including fuel control, lubricants
and lubrication systems, afterburners and injection systems, function
and operation of engine ignition and starter systems;
(ii) principles of operation, handling procedures and operating limitations
of aircraft powerplants, effects of atmospheric conditions on engine
performance;
(iii) airframes, flight controls, structures, wheel assemblies, brakes and
anti-skid units, corrosion and fatigue life, identification of structural
damage and defects;
(iv) ice and rain protection systems;
(v) pressurization and air-conditioning systems, oxygen systems;
(vi) hydraulic and pneumatic systems;
(vii) basic electrical theory, electric systems (AC and DC), aircraft wiring
systems, bonding and screening;
(viii) principles of operation of instruments, compasses, autopilots, radio
communication equipment, radio and radar navigation aids, flight
management systems, displays and avionics;
(ix) limitations of appropriate aircraft;
(x) fire protection, detection, suppression and extinguishing systems; and
(xi) use and serviceability checks of equipment and systems of
appropriate aircraft;
(c) flight performance and planning:
(i) effects of loading and mass distribution on aircraft handling, flight
characteristics and performance, mass and balance calculations; and
(ii) use and practical application of performance data including
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(d) human performance—


human performance relevant to the flight engineer including principles of
threat and error management;
(e) operational procedures—
(i) principles of maintenance, procedures for the maintenance of
airworthiness, defect reporting, preflight inspections, precautionary
procedures for fuelling and use of external power, installed equipment
and cabin systems;
(ii) normal, abnormal and emergency procedures; and
(iii) operational procedures for carriage of freight and dangerous goods;
(f) principles of flight: fundamentals of aerodynamics; and
(g) radiotelephony: radiotelephony procedures and phraseology.
(h) fundamentals of navigation; principles and operation of self-contained
systems;
(i) operational aspects of meteorology.
(2) The validity of the knowledge test results for an applicant for a flight engineer's
licence shall be eighteen months after passing the examination.
97. Aeronautical experience requirements
(1) Except as otherwise specified in this regulation, an applicant for a flight engineer
licence shall obtain and log the flight time used to satisfy the aeronautical experience
requirements of subregulation (2) on an aeroplane on which a flight engineer is required by
these Regulations.
(2) An applicant for a flight engineer licence with a type rating shall present, for the type
rating sought, satisfactory evidence of one of the following, including the practical experience
with the aircraft described in sub-regulation (1)—
(a) at least three years of practical experience in aircraft maintenance and at least
five hours of flight training in the duties of a flight engineer; or
(b) graduation from at least a two and half-years specialised aeronautical training
course in aircraft maintenance and at least six months of practical experience
in maintaining aircraft and aircraft engines and at least five hours of flight
training in the duties of a flight engineer; or
(c) a degree in aeronautical or avionics engineering from a college, university or
engineering school acceptable to the Authority at least one year of practical
experience in aircraft maintenance and at least five hours of flight training in
the duties of a flight engineer; or
(d) a degree in electrical or mechanical engineering from a college, university or
engineering school acceptable to the Authority at least one year of practical
experience in aircraft maintenance and at least five hours of flight training in
the duties of a flight engineer; or
(e) at least a Commercial Pilot Licence with an instrument rating and at least five
hours of flight training in the duties of a flight engineer; or
(f) at least two hundred hours of flight time in a transport category aeroplane as
pilot-in-command or a co-pilot performing the functions of a pilot-in-command
under the supervision of a pilot-in-command; or
(g) not less than one hundred hours of flight time as a flight engineer; or
(h) within the ninety-day period before the application, successful completion of
an approved flight engineer ground and flight course.
(3) The applicant for a flight engineer licence shall have operational experience in the
performance of the duties of a flight engineer, under the supervision of a flight engineer
approved by the Authority for that purpose, in at least the following areas—

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(a) Normal procedures—


(i) pre-flight inspections;
(ii) fuelling procedures, fuel management;
(iii) inspection of maintenance documents;
(iv) normal flight deck procedures during all phases of flight;
(v) crew coordination and procedures in case of crew incapacitation;
(vi) defect reporting.
(b) Abnormal and alternate (standby) procedures—
(i) recognition of abnormal functioning of aircraft systems;
(ii) use of abnormal and alternate (standby) procedures.
(c) Emergency procedures—
(i) recognition of emergency conditions;
(ii) use of appropriate emergency procedures.
98. Skill requirements
(1) An applicant for a flight engineer licence with a type rating shall—
(a) pass a practical test on the duties of a flight engineer in the type of aircraft
for which a rating is sought or an approved synthetic flight trainer replicating
such an aircraft;
(b) show satisfactorily performance in pre-flight inspection, servicing, starting,
pre-takeoff and post-landing procedures;
(c) while in-flight, show satisfactorily performance of the normal duties and
procedures relating to the aeroplane, aeroplane engines, propellers, if
appropriate, systems and appliances; and
(d) while in-flight, in a synthetic flight trainer or in a flight simulation training device
approved by the Authority, show satisfactorily performance on emergency
duties and procedures and recognise and take appropriate action for
malfunctions of the aeroplane, engines, propellers, if appropriate, systems
and appliances.
(2) An applicant for a flight engineer licence shall have demonstrated the ability to
perform as flight engineer of an aircraft, the duties and procedures described in regulation
98(3) with a degree of competency appropriate to the privileges granted to the holder of a
flight engineer licence, and to—
(a) recognize and manage threats and errors;
(b) use aircraft systems within the aircraft's capabilities and limitations;
(c) exercise good judgement and airmanship;
(d) apply aeronautical knowledge;
(e) perform all the duties as part of an integrated crew with the successful
outcome assured; and
(f) communicate effectively with the other flight crewmembers.
99. Privileges
A holder of a flight engineer licence may—
(a) act as flight engineer of any type of aircraft on which the holder is rated;
(b) be authorized to act as a flight engineer instructor for issue or renewal of flight
engineer licences or ratings; and
(c) exercise all the privileges of the holder of a flight radiotelephone operator
licence as stipulated in regulation 137.
100. Renewal requirements

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A holder of a Flight Engineer Licence may apply for renewal of the licence if the holder
has logged not less than six hours as Flight Engineer within the six months preceding the
date of application for renewal.
PART IX – LICENCES, CERTIFICATES, RATINGS AND AUTHORISATIONS
FOR PERSONNEL OTHER THAN FLIGHT CREWMEMBERS
Air Traffic Controller Licence
101. Required licences and ratings or qualifications.
(1) A person shall not act as an air traffic controller unless that person holds an air traffic
controller licence issued under these Regulations.
(2) A student air traffic controller shall not be permitted to receive instruction in an
operational environment unless that student air traffic controller holds a current Class 3
medical assessment.
(3) A licence to act as an air traffic controller shall include—
(a) one or more ratings as specified in regulation 5(4) specifying the type of air
traffic control service which the holder of the licence is competent to provide;
and
(b) a list of the places at which, and the type of radar equipment, if any, with the
aid of which the licence holder may provide the service.
(4) Where during a continuous period of six months the holder of an air traffic controller
licence has not at any time provided at a particular place the type of air traffic control service
specified in the rating, the rating shall cease to be valid for that place at the end of the six
months period.
(5) Upon a rating ceasing to be valid as specified for a place, in sub paragraph (4) the
holder of the air traffic controller licence shall forthwith inform the Authority to that effect and
shall forward the licence to the Authority to enable the licence to be endorsed accordingly.
102. General eligibility requirements
An applicant for an air traffic controller licence shall—
(a) be at least 21 years of age;
(b) demonstrate the ability to read, speak, write and understand the English
language in accordance with the language proficiency requirements
contained in the First Schedule to these Regulations without impediment of
speech that would interfere with two way radio conversation;
(c) comply with the knowledge requirements of regulations 104 and 106; and
(d) hold a current Class 3 Medical Certificate.
103. Knowledge requirements for the issue of ATC licence
(1) An applicant for an air traffic controller licence shall have received and passed an
approved training course in air traffic control conducted at an approved training organisation
in at least the following subjects—
(a) air law - rules and regulations relevant to the air traffic controller;
(b) air traffic control equipment - principles, use and limitations of equipment used
in air traffic control;
(c) general knowledge - principles of flight; principles of operation and functioning
of aircraft, powerplants and systems; aircraft performances relevant to air
traffic control operations;
(d) human performance - human performance relevant to air traffic control;
(e) language - the language or languages nationally designated for use in air
traffic control and ability to speak such language or languages without accent
or impediment which would adversely affect radio communication;

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(f) meteorology - aeronautical meteorology; use and appreciation of


meteorological documentation and information; origin and characteristics of
weather phenomena affecting flight operations and safety; altimetry;
(g) navigation - principles of air navigation; principle, limitation and accuracy of
navigation systems and visual aids; and
(h) operational procedures - air traffic control, communication, radiotelephony
and phraseology procedures (routine, non routine and emergency); use of the
relevant aeronautical documentation; safety practices associated with flight.
(2) The applicant shall have undergone the actual control of air traffic under the
supervision of an appropriately rated air traffic controller and acquired experience for the
rating sought as specified in regulation 105.
(3) The validity of the knowledge test results for an applicant for a air traffic controller
licence shall be eighteen months after passing the test.
104. Air traffic controller ratings and knowledge Requirements
The ratings and knowledge requirements for Air traffic controller shall be as follows—
(a) aerodrome control rating—
(i) aerodrome layout, physical characteristics and visual aids;
(ii) airspace structure;
(iii) applicable rules, procedures and source of information;
(iv) air navigation facilities;
(v) air traffic control equipment and its use;
(vi) terrain and prominent landmarks;
(vii) characteristics of air traffic;
(viii) weather phenomena; and
(ix) emergency and search and rescue plans;
(b) approach control and area control ratings—
(i) airspace structure;
(ii) applicable rules, procedures and source of information;
(iii) air navigation facilities;
(iv) air traffic control equipment and its use;
(v) terrain and prominent landmarks;
(vi) characteristics of air traffic and traffic flow;
(vii) weather phenomena; and
(viii) emergency and search and rescue plans; and
(c) approach radar, approach precision radar and area radar control ratings-an
applicant shall meet the requirements specified in paragraph (b) in so far as
they affect the area of responsibility, and shall have demonstrated a level
of knowledge appropriate to the privileges granted, in at least the following
additional subjects—
(i) principles, use and limitations of radar, other surveillance systems and
associated equipment; and
(ii) procedures for the provision of approach, precision approach or area
radar control services, as appropriate, including procedures to ensure
appropriate terrain clearance;
(d) approach precision radar control rating; not less than 200 precision
approaches of which not more than 100 shall have been carried out on a radar
simulator approved for that purpose by the Authority and not less than 50 of
those precision approaches shall have been carried out at the unit and on the
equipment for which the rating is sought;

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(e) area control procedural rating; to provide and/or supervise the provision of
arca control service within the control arca or portion thereof, for which the
licence holder is rated; and
(f) area control surveillance rating- to provide and supervise the provision of area
control service with the use of an Air Traffic Safety surveillance system, within
the control area or portion thereof, for which the licence holder is rated.
105. Aeronautical experience and skill requirements for air traffic controller
ratings
(1) The applicant shall have completed an approved training course and not less than
three months of satisfactory service engaged in the actual control of air traffic under the
supervision of an appropriately rated air traffic controller and acquire experience for the
rating sought as follows—
(a) aerodrome control rating: an aerodrome control service, for a period of not
less than 90 hours or one month, whichever is greater, at the unit for which
the rating is sought;
(b) approach control rating: an approach control service, for a period of not less
than 180 hours or three months, whichever is greater, at the unit for which
the rating is sought;
(c) approach radar control rating: an approach radar control service, for a period
of not less than 180 hours or three months, whichever is greater, at the unit
for which the rating is sought;
(d) approach precision radar control rating: not less than 200 precision
approaches of which not more than 100 shall have been carried out on a
radar simulator approved for that purpose by the Authority, not less than 50
of those precision approaches shall have been carried out at the unit and on
the equipment for which the rating is sought;
(e) area control rating: an area control service, for a period of not less than 180
hours or three months, whichever is greater, at the unit for which the rating
is sought; and
(f) area radar control rating: an area radar control service, for a period of not less
than 180 hours or three months, whichever is greater, at the unit for which
the rating is sought:
Provided that—
(i) the experience specified in this sub-regulation shall have been
completed within the 6-month period immediately preceding
application;
(ii) where the applicant already holds an air traffic controller rating in
another category, or the same rating for another unit, the Authority
shall determine whether the experience requirement can be reduced,
and if so, to what extent; and
(iii) if the privileges of the approach radar control rating include
surveillance radar approach duties, the experience shall include not
less than 25 plan position indicator approaches on the surveillance
equipment of the type in use at the unit for which the rating is sought
and under the supervision of an appropriately rated approach radar
controller.
(2) The experience requirements specified for air traffic controller ratings in regulation
105 may be credited as part of the experience specified in this regulation.
(3) Concurrent issuance of two air traffic controller ratings- When two air traffic controller
ratings are sought concurrently, the Authority shall determine the applicable requirements
on the basis of the requirements for each rating. These requirements shall not be less than
those of the more demanding rating.

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106. Privileges and limitations


(1) ) Subject to sub-regulation (2), a holder of an air traffic controller licence which
includes ratings of two or more of the classes specified in sub-regulation (2) shall not at any
one time perform the function specified in respect of more than one of these ratings.
(2) The functions of any one of the following groups of ratings may be exercised at the
same time—
(a) the aerodrome control rating and the approach control rating;
(b) approach control rating and the approach radar control rating; except that
the functions of the approach radar control rating shall not be exercised at
the same time as the functions of the approach radar control rating if the
service being provided under the approach radar control is a surveillance
radar approach terminating at a point less than two nautical miles from the
point of intersection of the glide path with the runway, the two functions shall
not be exercised at the same time;
(c) the area control rating and the area radar control rating; or
(d) by an aerodrome control tower or area control centre when it is necessary or
desirable to combine under the responsibility of one unit of the functions of
the approach control service with those of the aerodrome control service or
area control service.
107. Privileges of air traffic controller ratings
(1) The privileges of the holder of an air traffic controller licence endorsed with one or
more of the undermentioned ratings shall be—
(a) aerodrome control rating: to provide or to supervise the provision of
aerodrome control service for the aerodrome for which the licence holder is
rated;
(b) approach control rating: to provide or to supervise the provision of approach
control service for the aerodrome or aerodromes for which the licence holder
is rated, within the airspace or portion of the airspace, under the jurisdiction
of the unit providing approach control service;
(c) approach radar control rating: to provide or supervise the provision of
approach control service with the use of radar or other surveillance systems
for the aerodrome or aerodromes for which the licence holder is rated, within
the airspace or of the airspace, under the jurisdiction of the unit providing
approach control service; and incase the holder complies with the rating the
priviges shall include the provision of surveillance radar approaches;
(d) approach precision radar control rating: to provide or supervise the provision
of precision approach radar service at the aerodrome for which the licence
holder is rated;
(e) area control rating: to provide or supervise the provision of area control
service within the control area or portion of the control area, for which the
licence holder is rated;
(f) area radar control rating: to provide or supervise the provision of area control
service with the use of radar, within the control area or portion of the control
area, for which the licence holder is rated.
(2) Before exercising the privileges indicated in sub-regulation (1), the air traffic controller
licence holder shall be familiar with all pertinent and current information and shall indicate
by signing his name indicating the time in Universal Time Co-ordinated in the appropriate
air traffic controller log book.
(3) The holder of an air traffic controller license shall not carry out instructions in an
Approved Training Organisation for issue of an air traffic controller licence or rating unless
such person—
(a) holds or had held an appropriate licence and rating(s);

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(b) has appropriate training in instructional techniques and experience; and


(c) has received proper authorization from the Authority.
(4) The Holder of an air traffic controller license shall not provide instruction in an
operational environment except as authorized in writing by the Authority.
108. Validity of air traffic controller ratings
An air traffic controller rating becomes invalid when an air traffic controller has ceased to
exercise the privileges of the rating for a period of six months and shall remain invalid until
the controller's ability to exercise the privileges of the rating has been re-established.
109. Maximum working hours
(1) Except in an emergency, a licensed air traffic controller shall not perform any duties
for twenty four consecutive hours during each seven consecutive days.
(2) An air traffic controller may not serve or be required to serve—
(a) for more than ten consecutive hours; or
(b) for more than ten hours during a period of twenty four consecutive hours,
unless the air traffic controller has had a rest period of at least eight hours at
or before the end of the ten hours of duty.
110. Responsibilities over fatigue
A person holding an air traffic controller licence shall not act as an air traffic controller
nor shall an employer allow a licensed controller, if the controller or the employer knows or
suspects that the controller is suffering from or, having regard to the circumstances of the
period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the
safety of any aircraft to which an air traffic control service may be provided.
111. Prohibition of unlicensed air traffic controllers
(1) An air traffic controller shall not provide any type of air traffic service at any aerodrome
at which air traffic control service is required to be provided under the Civil Aviation (Rules
of the Air) Regulations, or at any other place, not being an aerodrome, at which air traffic
control service is provided, whether or not under the direction of the Authority, unless he
does so in accordance with the terms of—
(a) a valid air traffic controller licence so granted authorising air traffic controller
to provide that type of service at that aerodrome or other places;
(b) a valid air traffic controller licence so granted which does not authorise air
traffic controller to provide that type of service at the aerodrome or other place,
but he is supervised by a person who is present at the time and who is the
holder of a valid air traffic controller licence so granted which authorises him
to provide at that aerodrome or other place the type of air traffic control service
which is being provided; or
(c) the air traffic controller's appointment as an air traffic controller trainee and he
is supervised by a person who is present at the time and who is the holder of a
valid air traffic controller's licence so granted which authorises him to provide
that type of service at any aerodrome or at a place at which air traffic control
service is provided:

Provided that the air traffic controller licence shall not be required by any
person who acts in the course of his duty as a member of Kenya military or
a visiting force.
(2) A holder of an air traffic controller licence shall not perform any of the functions
specified in regulation 100 in respect of a rating at any of the places referred to in
subregulation (1) unless—

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(a) his licence includes that rating and the rating is valid for the place at which,
and the type of radar equipment, if any, with the aid of which functions are
performed; or
(b) he is supervised by a person who is present at the time and who is the holder
of a valid air traffic controller's licence granted under these Regulations which
authorises him to provide at that aerodrome or other place the type of air
traffic control service which is being provided.
(3) Nothing in this regulation shall prohibit a holder of a valid air traffic controller licence
from providing at any place for which the licence includes a valid rating, information to aircraft
in flight in the interests of safety.
112. Renewal requirements
An air traffic controller licence may be renewed if the holder demonstrates, at a level
appropriate to the privileges being renewed, the skill, judgement and performance required
to provide a safe, orderly and expeditious control service within the six months preceding
the date of application for renewal.
Ground Instructor Licence
113. Eligibility requirements
(1) An applicant for a ground instructor licence shall—
(a) be at least eighteen years of age;
(b) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(c) pass a knowledge test on the fundamentals of instructing including—
(i) the learning process;
(ii) elements of effective teaching;
(iii) student evaluation and testing;
(iv) course development;
(v) lesson planning;
(vi) classroom training techniques;
(vii) techniques of applied instructions;
(viii) use of training aids;
(ix) analysis and correction of student errors; and
(x) human performance relevant to ground instruction;
(d) pass a knowledge test on the aeronautical knowledge areas specified in
regulations 43,49 and 55 as appropriate.
(2) A ground instructor licence shall be issued with either one of the following ratings—
(a) basic;
(b) advanced;
(c) instrument; or
(d) a combination of paragraphs (a) and (c) or (b) and (c).
(3) The knowledge test specified in sub-regulation (1)(c) is not required if the applicant
holds a flight instructor rating issued under these Regulations.
(4) The knowledge test results for a ground instructor licence shall be valid for eighteen
months after passing the examination.
114. Privileges
(1) A holder of a ground instructor licence may exercise the privileges appropriate to
the rating as follows—

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(a) for a holder of a basic ground instructor rating—


(i) ground training in the aeronautical knowledge areas required for the
issue of a private pilot licence or associated ratings;
(ii) ground training required for a private pilot flight checkout; and
(iii) ground training required for a private pilot flight checkout; and
(b) for a holder of an advanced ground instructor rating—
(i) ground training in the aeronautical knowledge areas required for the
issue of any pilot licence or rating;
(ii) ground training required for any flight check out; and
(iii) a recommendation for a knowledge test required for the issue of any
licence;
(c) for a holder of an instrument ground instructor rating—
(i) ground training in the aeronautical knowledge areas required for the
issue of an instrument rating;
(ii) ground training required for an instrument proficiency check; and
(iii) a recommendation for a knowledge test required for the issue of an
instrument rating.
(2) A person who holds a ground instructor licence shall be authorised, within the
limitations of the ratings on the around instructor licence, to endorse the logbook or other
training record of a person to whom the holder has provided the training or recommendation
specified in sub-regulation (1).
115. Requirements for ratings
An applicant for a ground instructor licence is required to hold or have held a Commercial
Pilot Licence or Airline Transport Pilot Licence as appropriate or pass the following—
(a) basic ground instructor rating: aeronautical knowledge requirements for
Commercial Pilot Licence as prescribed in regulation 49;
(b) advanced ground instructor rating;
(c) aeronautical knowledge requirements for Airline Transport Pilot Licence as
prescribed in regulation 55;
(d) instrument ground instructor rating—
(i) meet the requirements of either (a) or (b) and in addition the instrument
rating knowledge requirements as prescribed in regulation 77; and
(ii) be a holder of a valid instrument rating.
116. Renewal Requirements
A holder of a ground instructor licence shall not perform the duties of a ground instructor
unless within the twelve preceding months the person has served for three months as a
ground instructor.
Flight Operations Officer Licence
117. General eligibility requirements
An applicant for a flight operations officer licence shall—
(a) be at least twenty one years of age;
(b) demonstrate the ability to read, speak, write, and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations; and
(c) comply with the knowledge requirements, experience or training requirements
and skill requirements for flight operations officer as contained in these
Regulations.

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118. Knowledge requirements


(1) An applicant for a flight operations officer licence shall pass a knowledge test
covering the following areas—
(a) air law—
rules and regulations relevant to the holder of a flight operations officer licence
and appropriate air traffic services practices and procedures;
(b) aircraft general knowledge;
(i) principles of operation of aeroplane powerplants, systems and
instruments;
(ii) operating limitations of aeroplanes and powerplants; and
(iii) minimum equipment list;
(c) flight performance calculation and planning procedures—
(i) effects of loading and mass distribution on aircraft performance and
flight characteristics; mass and balance calculations;
(ii) operational flight planning, fuel consumption and endurance
calculations, alternate airport selection procedures, en-route cruise
control and extended range operation;
(iii) preparation and filing of air traffic services flight plans; and
(iv) basic principles of computer-assisted planning systems.
(d) human performance— human performance relevant to dispatch duties;
(e) meteorology—
(i) aeronautical meteorology, the movement of pressure systems, the
structure of fronts, and the origin and characteristics of significant
weather phenomena which affect take-off, en-route and landing
conditions; and
(ii) interpretation and application of aeronautical meteorological reports,
charts and forecasts, codes and abbreviations, use of, and procedures
for obtaining, and meteorological information;
(f) navigation-principles of air navigation with particular reference to instrument
flight;
(g) operational procedures—
(i) use of aeronautical documentation:
(ii) operational procedures for the carriage of freight and dangerous
goods;
(iii) procedures relating to aircraft accidents and incidents and emergency
flight procedures; and
(iv) procedures relating to unlawful interference and sabotage of aircraft;
(h) principles of flight—
principles of flight relating to the appropriate category of aircraft;
(i) radio communication;
(j) procedures for communicating with aircraft and relevant ground stations.
(2) The knowledge test results for a flight operations officer licence shall be valid for
eighteen months after passing the examination.
119. Experience or training requirements
(1) An applicant for a flight operations officer licence shall present documentary evidence
satisfactory to the Authority that the applicant has the experience or training as follows—
(a) a total of two years' service in any one or in any combination of the capacities
specified in sub-paragraph (i), (ii), (iii), provided that in any combination of
experience the period served in any capacity shall be at least one year—

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(i) flight crewmember in commercial air transport; or


(ii) a meteorologist in an organization dispatching aircraft in commercial
air transport; or
(iii) an air traffic controller or technical supervisor of flight operations officer
or air transportation flight operations systems;
(b) at least one year as an assistant in the dispatching or aircraft used in
commercial air transport; or
(c) has satisfactorily completed an approved course training in a flight operations.
(2) An applicant shall have served under the supervision of a flight operations officer for
at least ninety days within the six months immediately preceding the application.
120. Skill requirements
An applicant for a flight operations officer licence shall demonstrate the ability to—
(a) make an accurate and operationally acceptable weather analysis from a
series of daily weather maps and weather reports;
(b) provide an operationally valid briefing on weather conditions prevailing in the
general neighbourhood of a specific air route;
(c) forecast weather trends pertinent to air transportation with particular reference
to destination and alternates;
(d) determine the optimum flight path for a given segment and create accurate
manual or computer generated flight plans; and
(e) provide operating supervision and all other assistance to a flight in actual
or simulated adverse weather conditions, as appropriate to the duties of the
holder of a flight operations officer licence.
121. Privileges
Subject to compliance with the requirements set forth in these Regulations, the privileges
of a holder of a flight operations officer licence shall be to serve in that capacity with
responsibility for each area for which the applicant meets the requirements specified in the
Civil Aviation (Operation of Aircraft) Regulations.
122. Renewal requirements
A flight operations officer licence may be renewed if the holder has performed his duties
in the six months preceding the date of application for renewal exercising the privileges of
the licence.
Aircraft Maintenance Engineer Licence
123. General eligibility requirements
(1) applicant for a grant of an Aircraft Maintenance Engineer licence shall—
(a) be at least eighteen years of age;
(b) demonstrate the ability to read, speak, write, and understand the English
language;
(c) comply with the following requirements prescribed for the rating sought;
(i) knowledge;
(ii) experience; and
(iii) skill, pass all of the prescribed examinations for the rating sought,
within five years.
(2) A Licensed Aircraft Maintenance Engineer who applies for an additional rating shall
meet the requirements of regulation 126.
(3) Competency-based approved training for aircraft maintenance personnel shall be
conducted within an approved training organization.

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124. Aeronautical Knowledge and skill requirements


An applicant for an aircraft maintenance engineers' licence shall demonstrate the level of
knowledge and skill in the subjects as provided in the Fourth Schedule to these Regulations
125. Experience requirements: licence with or without type rating
(1) The applicant shall have had the following experience in the inspection, servicing
and maintenance of aircraft or its components for the issue of a licence with privileges for
the aircraft in its entirety, at least —
(a) 5 years of practical maintenance experience on operating aircraft, if the
applicant has no previous relevant technical training; or
(b) 3 years of practical maintenance experience on operating aircraft from
completion of a relevant technical course acceptable by the Authority, or
(c) 2 years of practical maintenance experience on operating aircraft and
completion of an approved training organization basic training course.
(2) An applicant for Compass Compensation and Adjustment shall hold a Licence
Without Type Ratings in Categories 'B1' or `B2' and shall have a minimum of six compass
swings.
(3) An applicant must demonstrate the following minimum experience gained while
maintaining operating aircraft and not in component workshops or on static or non-flying
aircraft—
(a) for a Category 'A' or 'C' Licence Without Type Ratings, twenty four months
relating to Airframe or Engine maintenance, twelve months of which must be
in the two years immediately preceding the date of application; or
(b) for any Category 'R' or 'X' Licence Without Type Ratings (excluding Category
'X' — Compass Compensation and Adjustment), twenty four months related to
avionic systems, twelve months of which must be in the two years immediately
preceding the date of application; and
(c) six months, within the twelve months referred to in (a) and (b), relevant to the
specific Licence Without Type Ratings for which application is being made.
(4) Where an applicant for category 'X' electrical holds a valid licence which includes
both Category 'A' and Category 'C' LWTR sub divisions, the experience in sub-regulation (3)
(b) need not be complied with and the applicant need show only the six months experience
relevant to the Licence Without Type Ratings required in subregulation 3(c).
(5) An applicant for a Licence Without Type Ratings in one category holding a valid
licence in another category the experience requirement of sub-regulation (3)(a) and (3)(b)
may be reduced dependent on the total practical experience accumulated while holding that
licence and training attended but in any case shall demonstrate the experience requirements
of sub-regulation 3(c). Any of the periods specified above may be concurrent.
(6) Subject to sub-regulation (7) extension of a licence to include a type rating—
(a) shall not require a period of general experience additional to that required for
the relevant Licence Without Type Ratings, which must be held before a type
rating is granted; and
(b) shall require satisfactory record of experience, gained within the three years
before the application, appropriate to the type rating sought.
(7) An applicant for a type rating from a holder of a Licence Without Type Ratings
which was gained following successful completion of an approved initial course shall show
confirmed evidence that he has obtained at least twelve months relevant aircraft engineering
experience with an organisation engaged in the maintenance of operational aircraft in
addition to that gained during the course.
126. Aircraft maintenance personnel ratings
(1) For the purpose of eligibility for the grant of an aircraft maintenance engineer group
or type rating, a person shall meet the following requirements—

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(a) Licence: The applicant holds a current aircraft maintenance engineer licence;
(b) Experience: The applicant has completed 6 months of practical experience;
(c) experience on the type or group of aircraft or components for which the rating
is sought;
(d) Knowledge: The applicant has successfully completed—
(i) examinations acceptable to the Authority; or
(ii) a course of training relevant to the type of aircraft or components for
which the rating is sought —
(e) skill demonstration.
(2) Privileges: The holder of a current aircraft maintenance engineer rating may—
(a) group rating: exercise the privileges of the aircraft maintenance engineer
licence on any aircraft or component as defined in the Regulations; or
(b) type rating: exercise the privileges of the aircraft maintenance licence on the
type of aircraft or component specified on the rating, unless operating under
the authority of an approved maintenance organization, in which case the
rating holder shall comply with the requirements of the approved maintenance
organization
127. Privileges and limitations
(1) Except as specified in sub-regulations (4) and (5), a holder of an aircraft maintenance
engineer licence may perform or supervise the maintenance, preventive maintenance , or
modification of, or after inspection, approve for return to service, any aircraft, airframe,
aircraft engine, propeller, appliance, component, or part thereof, for which the holder of an
aircraft maintenance engineer licence is rated, provided the holder has—
(a) satisfactorily performed the work at an earlier date;
(b) demonstrated the ability to perform the work to the satisfaction of the
Authority;
(c) received training acceptable to the Authority on the tasks to be performed; or
(d) performed the work while working under the direct supervision of a hoder of
an aircraft maintenance engineer licence or an aviation repair specialist who
is appropriately authorised and has—
(i) previous experience in the specific operation concerned; or
(ii) received training acceptable to the Authority on the task to be
performed.
(2) Except as specified in sub-regulation (4) and (5), a holder of an aircraft maintenance
engineer licence with an airframe rating may, after he has performed the inspection required
by the Civil Aviation (Operation of Aircraft) Regulations on an airframe or any related part or
appliance, approve and return the airframe or any related part or appliance to service.
(3) Except as specified in sub-regulations (4) and (5), a holder of an aircraft maintenance
engineer licence with an engine rating may perform the inspection required by the Civil
Aviation (Operation of Aircraft) Regulations on an engine or propeller or any related part or
appliance and approve and return the airframe or any related part or appliance to service.
(4) Except as specified in sub-regulation (5) a holder of an aircraft maintenance engineer
licence with a radio, electrical, instruments, auto-pilot and compass rating may inspect,
repair, maintain, function, test and return to service aircraft radio, electrical, instruments and
compass systems and components respectively.
(5) A holder of an aircraft maintenance engineer licence with an airframe, engine
or radio, electrical, instruments and compass rating shall not supervise the maintenance,
preventive maintenance, or modification of, or approve and return to service, any aircraft,
airframe, engine, propeller, appliance, component or part thereof, for which the holder of an
aircraft maintenance engineer licence is rated unless the holder has satisfactorily performed
the work concerned at an earlier date.

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(6) When an Authority authorizes an approved maintenance organization to appoint


non-licensed personnel to exercise the privileges of regulation 129(1) — (5), the person
appointed shall meet the requirements specified in regulation 125 and 127.
128. Exercise of privileges
(1) Subject to compliance with the requirements specified in regulations 4 and 5 the
privileges of the holder of an aircraft maintenance licence shall be to certify the aircraft or
parts of the aircraft as airworthy after an authorized repair, modification or installation of an
engine, accessory, instrument, and/or item of equipment, and to sign a maintenance release
following inspection, maintenance operations or routine servicing.
(2) The privileges of the holder of an aircraft maintenance licence specified in (1) shall
be exercised only—
(a) in respect of such—
(i) A category "A" aircraft maintenance license shall permit the holder
to issue certificates of release to service following Task Training for
minor tasks (tyre and brake change etc. and up to a weekly check)
and Company Certification Authorization for specific Tasks;
(ii) A category "B1" aircraft maintenance license shall permit the holder
to issue certificates of release to service following maintenance,
including aircraft structure, powerplant and mechanical and electrical
systems. Replacement of avionic line replaceable units not requiring
special equipment to prove their serviceability, shall also be included
in the privileges;
(iii) A category "B2" aircraft maintenance license shall permit the holder
to issue certificates of release to service following maintenance on
avionic and electrical systems;
(iv) A Category "C" licence which permits the release of an aircraft to
service in its entirety by a single certificate of release to service by
one overall signatory, once all base maintenance work and checks
have been completed in an approved maintenance organization. The
Category C licence certifier shall act primarily in a maintenance
management role controlling the progress of aircraft maintenance
work and A Category C licence alone does not permit the holder to act
as a B I or B2 certifier;
(b) provided that the licence holder is familiar with all the relevant information
relating to the maintenance and airworthiness of the particular aircraft
for which the licence holder is signing a Maintenance Release, or such
airframe, engine, aircraft system or component and aircraft avionic system or
component which the licence holder is certifying as being airworthy;
(c) on condition that, within the preceding 24 months, the licence holder has
either had experience in the inspection, servicing or maintenance of an aircraft
or components in accordance with the privileges granted by the licence held
for not less than six months, or has met the provision for the issue of a licence
with the appropriate privileges, to the satisfaction of the Authority.
(d) provided that the licence holder is familiar with all the relevant information
relating to the maintenance and airworthiness of the particular aircraft
for which the licence holder is signing a Maintenance Release, or such
airframe, engine, aircraft system or component and aircraft avionic system or
component which the licence holder is certifying as being airworthy;
(e) on condition that, within the preceding 24 months, the licence holder has
either had experience in the inspection, servicing or maintenance of an aircraft
or components in accordance with the privileges granted by the licence held
for not less than six months, or has met the provision for the issue of a licence
with the appropriate privileges, to the satisfaction of the Licensing Authority.

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129. Recency and renewal requirement


(1) A holder of an Aircraft Maintenance Engineers Licence shall apply for renewal of
licence at least two months before the expiry period in a form and manner prescribed by
the Authority if—
(a) the holder shall have exercised the privileges of the licence for at least six
months during the twenty four months preceding the date of the expiry of the
licence;
(b) the holder technically supervised other Aircraft Maintenance Engineers;
(c) the holder provided aviation maintenance instruction or served as the direct
supervisor of persons providing aviation maintenance instruction for an
Aircraft Maintenance Engineers Licence course or programme acceptable to
the Authority;
(d) the holder supervised the maintenance, preventive maintenance, or alteration
of any aircraft, airframe, aircraft engine, propeller, appliance, component, or
part thereof.
(2) A person who fails to renew his licence after the expiry period may do so within the
next twelve months provided that he proves that has been continuously engaged in practical
work for the entire extended period.
(3) A person who does not apply for a renewal within the extended period as provided for
in sub-regulation (2) or fails to prove that he has continuously been engaged in practical work
during that period will be required to sit for an Air Law exam before his licence is renewed.
(4) A holder of an aircraft maintenance engineer's licence shall not exercise the
privileges of the licence unless the licence is kept valid as prescribed by the Authority.
(5) A holder of an aircraft maintenance engineer's licence shall not exercise the
privileges of the licence unless the licence is kept valid as prescribed by the Authority.
Aviation Repair Specialist Authorisation
130. Eligibility requirements
(1) An applicant for an aviation repair specialist authorisation shall—
(a) only be issued to eligible employees who perform specialised tasks of an
Approved Maintenance Organisation;
(b) be at least eighteen years of age;
(c) demonstrate the ability to read, speak, write, and understand the English
language and interprete technical reports and maintenance publications and
carry out technical discussions in the English language;
(d) be specially qualified to perform maintenance on aircraft or aircraft
components appropriate to the job for which the aviation repair specialist was
employed;
(e) be employed for a specific job requiring special qualifications by an approved
maintenance organisation certificated under the Civil Aviation (Approved
Maintenance Organisation) Regulations;
(f) be employed for a specific job requiring special qualifications by an approved
maintenance organisation certificated under the Civil Aviation (Approved
Maintenance Organisation) Regulations;
(g) either—
(i) have at least eighteen months of practical experience in the
procedures, practices, inspection methods, materials, tools, machine
tools, and equipment generally used in the maintenance duties of the
specific job for which the person is to be employed and certificated; or
(ii) have completed formal training acceptable to the Authority and
specifically designed to qualify the applicant for the job on which the
applicant is to be employed.

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(2) The duration of the aviation repair specialist is twelve months provided the
authorisation holder is in the continual employ of the sponsoring Approved Maintenance
Organisation in an aviation repair position.
131. Privileges and limitations
(1) An applicant for an aviation repair specialist authorisation who is employed by
an approved maintenance organization shall be concurrent with the rating issued to the
approved maintenance organisation limited to the specific job for which the aviation repair
specialist is employed to perform, supervise or approve for return to service.
(2) At no instance shall an aviation repair Specialist authorisation be issued with an
airframe and/or powerplant or avionics rating to circumvent the process of obtaining an
aircraft maintenance engineer's licence licence.
(3) An aviation repair specialist shall not perform or supervise duties unless the
aviation repair specialist understands the current instructions of the employing approved
maintenance organisation and the instructions for continued airworthiness, which relate to
the specific operations concerned.
(4) A person who holds an aviation repair specialist authorisation shall keep that
authorisation within the immediate area where the person normally exercises the privileges
of the authorisation and shall present it for inspection upon the request of the Authority or
any other person authorised by the Authority.
(5) A holder of an aviation repair specialist authorisation shall surrender the authorisation
to the Authority when it is suspended, revoked or at the time the holder leaves the
employment of the approved maintenance organisation.
(6) A person who holds an aviation repair specialist authorisation shall keep that
authorisation within the immediate area where the person normally exercises the privileges
of the authorisation and shall present it for inspection upon the request of the Authority or
any other person authorised by the Authority.
(7) A holder of an aviation repair specialist authorisation shall surrender the authorisation
to the Authority when it is suspended, revoked or at the time the holder leaves the
employment of the approved maintenance organisation.
132. General eligibility, knowledge and skills requirements for issuance of
ATSEP Licence
(1) An applicant for an Air Traffic Safety Electronics Personel License shall—
(a) have a Diploma or degree in Electrical/Electronics/Telecommunications
engineering or equivalent qualification from a recognized institution;
(b) have a minimum age of 18 years;
(c) comply with the knowledge, experience, and prescribed competency
requirements for the license and rating sought;
(d) present an appropriate certificate from an approved Aviation Training
Organization or an institution recognized by the Authority.
(2) An applicant for Air Traffic Safety Electronics Personel licence shall demonstrate the
level of knowledge, skills and competence in the subjects as set out in the these Regulations.
(3) The applicant in sub-regulation(1) shall have successfully undergone unit training
under supervision of an appropriately rated Air Traffic Safety Electronics Personel and
acquired the experience for the rating sought as specified in regulation 146.
(4) The applicant who meets the requirements of sub-regulations (I) and (2) may
be issued with a Air Traffic Safety Electronics Personel licence as provided for in these
Regulations.
(5) An applicant for an Air Traffic Safety Electronics Personel rating shall demonstrate
the level of knowledge, skills and competence appropriate to the ratings sought.
(6) The training requirement for the different ratings shall be as specified in these
Regulations and as may be prescribed by the Authority from time to time.

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(7) Applicants for rating under sub-regulation (1) above shall undergo performance
assessment determined and supervised by a rated Air Traffic Safety Electronics Personel
as prescribed by the Authority.
133. Eligibility, knowledge and skill requirements for issue of an ATSEP
rating
(1) The validity of an Air Traffic Safety Electronics Personel rating shall be 36 months
from the date of issue or renewal.
(2) An applicant for revalidation under sub-regulation (1), shall provide proof through
production of work records such as personal engineering logbooks Air Traffic Safety
Electronics Personel training records and any other record of engineering work, performed
by the applicant over the last twelve months.
(3) Applicants for revalidation under sub-regulation (1) shall undergo performance
assessment determined and supervised by a rated Air Traffic Safety Electronics Personel.
(4) A holder of an Air Traffic Safety Electronics Personel Licence shall apply for renewal
of Licence at least two months before the expiry period in a form and manner prescribed
by the Authority if—
(a) the holder shall have exercised the privileges of the license at least twelve
months during the thirty six months preceding the date of expiry of the licence
(b) the holder provided Air Traffic Safety Electronics Personel maintenance
instructions or served as the direct supervisor of persons providing Air Traffic
Safety Electronics Personel maintenance instructions;
(c) the holder supervised the maintenance, preventive maintenance or alteration
of Air Navigation Safety equipment.
(5) An Air Traffic Safety Electronics Personel who fails to renew his Licence after the
expiry period may do so within the next twelve months provided that he proves he has been
continuously engaged in practical work for the entire extended period.
(6) An Air Traffic Safety Electronics Personel who does not apply for a renewal within the
extended period as provided for in subregulation (2) or fails to prove that he has continuously
been engaged in practical work during that period shall be required to do the Unit onthe- job
training programme before he can be recommended for his Licence renewal as prescribed
in the Sixth Schedule of this Regulations.
(7) A holder of an Air Traffic Safety Electronics Personel Licence shall not exercise the
privileges of the Licence unless the Licence is kept valid as prescribed by the Authority.
Flight Radiotelephony Operator Licence
134. General eligibility requirements
(1) Except for a holder of a pilot licence, a person required to use radiotelephone
apparatus aboard an aircraft shall hold a flight radiotelephony operator licence.
(2) An applicant for a flight radiotelephony operator licence shall—
(a) be at least seventeen years of age;
(b) demonstrate the ability to read, speak, write and understand the English
language in accordance with the language proficiency requirements
contained in the Second Schedule to these Regulations;
(c) comply with the knowledge and skill requirements, for flight radiotelephone
operator as contained in regulation 135; and
(d) demonstrate a level of knowledge appropriate to the privileges granted to a
holder of a flight radiotelephone operator licence.
135. Skill and knowledge requirements
(1) An applicant for a flight radiotelephony operator licence shall pass a practical and
knowledge test covering the following areas—

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(a) the spelling alphabet prescribed by the Authority;


(b) departure and position reporting;
(c) obtaining meteorological information;
(d) transmission and procedures of distress and urgency signals;
(e) communication techniques and procedures;
(f) the necessity for brevity in radiotelephony communication and priorities;
(g) pre-flight briefing;
(h) classification of directional finding bearings;
(i) radiotelephony facilities and frequencies available in the FIR;
(j) elementary knowledge of the relationship between wave length and
frequency;
(k) radiotelephony procedures and phraseology;
(l) ability to use the radio equipment of the type installed in the aircraft; and
(m) including the ability to carry out emergency procedures.
(2) The knowledge test results for a radio telephony operator licence shall be valid for
twenty four months after passing the examination.
136. Privileges
A holder of a flight radiotelephony operator licence shall have the privilege to use the
radiotelephone on board an aircraft.
137. Renewal requirements
A holder of a flight radiotelephony operator licence may apply for a renewal of the licence
if the holder has exercised the privileges of the licence in the six months preceding the date
of application.
Cabin Crewmember Certificate
138. Required certificate, ratings and qualifications
(1) A person shall not act as a cabin crewmember unless that person holds—
(a) a cabin crewmember certificate;
(b) a rating for the specific aircraft type or is operating under the supervision of a
rated cabin crew for the purpose of qualifying for the rating;
(c) the required knowledge for the type of aircraft and operating position;
(d) the current Medical Certificate Class 2.
(2) person undergoing training to qualify for a cabin crewmember certificate or rating
shall not—
(a) form a part of the required minimum number of cabin crewmember for that
aircraft;
(b) be assigned to an operating position that requires a cabin crewmember.
(3) In this regulation, operating position means a duty station assigned to the cabin
crewmember for execution of emergency duties.
139. Eligibility requirements
An applicant for cabin crewmember certificate shall—
(a) be at least eighteen years of age;
(b) be able to read, speak and understand the English language sufficiently to
adequately carry out the responsibilities of a cabin crewmember;
(c) have completed a course of training approved by the Authority; and
(d) have passed a knowledge test.

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140. Knowledge requirements


(1) An applicant for a cabin crewmember certificate shall have demonstrated a level
of knowledge appropriate to the privileges granted to the holder of a cabin crewmember
certificate, in the following subjects—
(a) fire and smoke training to include—
(i) emphasis on the responsibility of cabin crew to deal promptly with
emergencies involving fire and smoke and, in particular, emphasis on
the importance of identifying the actual source of the fire;
(ii) the importance of informing the flight crew immediately, as well as the
specific actions necessary for co-ordination and assistance, when fire
or smoke is discovered;
(iii) the necessity for frequent checking of potential fire-risk areas including
toilets and the associated smoke detectors;
(iv) the classification of fires and the appropriate type of extinguishing
agents and procedures for particular fire situations, the techniques
of application of extinguishing agents, the consequences of
misapplication, and of use in a confined space; and
(v) the general procedures of ground based emergency services at
aerodromes.
(b) water survival training to include the actual donning and use of personal
flotation equipment in water by each cabin crewmember; before first operating
on an aeroplane fitted with life-rafts or other similar equipment, training must
be given on the use of this equipment, as well as actual practice in water;
(c) urvival training appropriate to the areas of operation such as polar, desert,
jungle or sea;
(d) medical aspects and first aid to include—
(i) instruction on first aid and the use of first-aid kits;
(ii) first aid associated with survival training and appropriate hygiene; and
(iii) the physiological effects of flying and with particular emphasis on
hypoxia;
(e) passenger handling to include the following—
(i) advice on the recognition and management of passengers who are, or
become, intoxicated with alcohol or are under the influence of drugs
or are aggressive;
(ii) methods used to motivate passengers and the crowd control
necessary to expedite an aeroplane evacuation;
(iii) regulations covering the safe stowage of cabin baggage including
cabin service items and the risk of the baggage becoming a hazard
to occupants of the cabin or otherwise obstructing or damaging safety
equipment or aeroplane exits;
(iv) the importance of correct seat allocation with reference to aeroplane
mass and balance with particular emphasis given on the seating
of disabled passengers and the necessity of seating able-bodied
passengers adjacent to unsupervised exits;
(v) duties to be undertaken in the event of encountering turbulence
including securing the cabin;
(vi) precautions to be taken when live animals are carried in the cabin;
(vii) dangerous goods training as prescribed in Civil Aviation (Operation
of Aircraft) Regulations, 2013 and Civil Aviation (Air Operator
Certification and Administration) Regulations, 2013; and

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(viii) security procedures, including the provisions of Civil Aviation


(Operation of Aircraft) Regulations, and Civil Aviation (Air Operator
Certification and Administration) Regulations;
(f) communication - emphasis shall be placed on the importance of effective
communication between cabin crew and flight crew including technique,
common language and terminology;
(i) the importance of cabin crew performing their duties in accordance
with the Operations Manual;
(ii) continuing competence and fitness to operate as a cabin crewmember
with special regard to flight and duty time limitations and rest
requirements;
(iii) an awareness of the aviation regulations relating to cabin crewmember
and the role of the Authority;
(iv) general knowledge of relevant aviation terminology, theory of flight,
passenger distribution, meteorology and areas of operation;
(v) pre-flight briefing of the cabin crewmember and the provision of
necessary safety information with regard to their specific duties;
(vi) the importance of ensuring that relevant documents and manuals are
kept up-todate with amendments provided by the operator;
(vii) the importance of identifying when cabin crewmembers have the
authority and responsibility to initiate an evacuation and other
emergency procedures;
(viii) the importance of safety duties and responsibilities and the need to
respond promptly and effectively to emergency situations; and
(g) discipline and responsibilities,
(h) Crew Resource Management to include appropriate provisions of the Civil
Aviation (Operation of Aircraft) Regulations in relation to cabin crewmember.
(2) The knowledge test results for a cabin crewmember certificate shall be valid for
twelve months after passing the examination.
141. Skill requirements
An applicant for a cabin crewmember certificate shall have demonstrated the ability to
perform as cabin crewmember of an aircraft in the following procedures—
(a) to execute those safety duties and functions which the cabin crewmember is
assigned to perform in the event of an emergency or in a situation requiring
emergency evacuation;
(b) drilled and capable in the use of emergency and life saving equipment
required to be carried such as life jackets, life rafts, evacuation slides,
emergency exits, portable fire extinguishers, oxygen equipment and first-aid
kits;
(c) when serving on aeroplanes operated above 10,000 feet, knowledge as
regards the effect of lack of oxygen and, in the case of pressurized
aeroplanes, as regards physiological phenomena accompanying a loss of
pressurisation;
(d) aware of other crewmembers' assignments and functions in the event of an
emergency so far as is necessary for the fulfilment of the cabin crewmember's
own duties;
(e) aware of the types of dangerous goods which may, and may not, be carried
in a passenger cabin and has completed the dangerous goods training
programme required by Civil Aviation (Operation of Aircraft ) Regulations;
(f) knowledge about human performance as related to passenger cabin safety
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142. Privileges
A holder of a cabin crewmember certificate may —
(a) act as a cabin crewmember in aircraft of types specified in the certificate when
such aircraft are engaged in commercial transport operations; and
(b) be authorized to act as a cabin crewmember instructor for issue or renewal
of cabin crew certificate and aircraft type ratings.
143. Renewal requirements
A holder of a cabin crewmember certificate may apply for renewal if the holder has
successfully completed the annual safety and emergency procedure training approved by
the Authority every twelve months.
Air Traffic Safety Electronics Personnel (ATSEP) License
144. General eligibility requirements
An applicant for an ATSEP License shall—
(a) have a Diploma or degree in Electrical/Electronics/Telecommunications
engineering or equivalent qualification from a recognized institution;
(b) have a minimum age of 18 years;
(c) comply with the knowledge, experience, and prescribed competency
requirements for the license and rating sought; and
(d) present an appropriate certificate from an approved Aviation Training
Organization, Factory Training or an institution recognized by the Authority.
145. Knowledge and Skills Requirements for issuance of ATSEP Licence
(1) An applicant for ATSEP licence shall demonstrate the level of knowledge, skills and
attitude in the subjects as set out in the Fourth Schedule of these Regulations.
(2) The applicant in sub-regulation(1) shall have successfully undergone unit training
under supervision of an appropriately rated ATSEP and acquired the experience for the
rating sought as specified in regulation 146.
(3) The applicant who meets the requirements of sub-regulations (1) and (2) shall be
issued with a ATSEP licence as provided for in the Fourth Schedule.
146. Eligibility, knowledge and skill requirements for issue of an ATSEP
rating
(1) An applicant for an ATSEP rating shall demonstrate a level of knowledge appropriate
to the privileges granted to the holder of an ATSEP Rating in the subjects as provided for
in the Fourth Schedule from an approved Aviation Training Organization (ATO), Level 3
Factory Training or any other training organization recognized by the Authority.
(2) The training requirement for the different ratings shall be as specified in the Fourth
Schedule of these Regulations and as may be prescribed by the Authority from time to time.
(3) Applicants for rating under sub-regulation (1) above shall undergo performance
assessment determined and supervised by a rated ATSEP.
(4) The OJT instructor shall assess and recommend the endorsement of the License
with the appropriate rating to DASSR.
(5) Notwithstanding the provisions of this regulation, knowledge and skill requirements
for ATSEP in practice or service shall upon the commencement of these regulations, be
governed by the provisions of the transitional clauses set out under the Fourth Schedule
of these Regulations.
147. Validity
(1) The validity of an ATSEP rating shall be 36 months from the date of issue or renewal.

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(2) An applicant for revalidation under sub-regulation (1), shall provide proof through
production of work records such as engineering logbooks, CNS-ATM project implementation
records, ATSEP training records and any other record of engineering work, performed by
applicant over the last twelve months.
(3) Applicants for revalidation under sub-regulation (1) shall undergo performance
assessment determined and supervised by a rated ATSEP.
(4) The OJT instructor shall assess and recommend the endorsement of the License
with the appropriate rating to the Authority.
148. Requirements for renewal of licence
(1) A holder of an ATSEP Licence shall apply for renewal of Licence at least two months
before the expiry period in a form and manner prescribed by the Authority.
(2) An ATSEP who fails to renew his Licence after the expiry period may do so within
the next twelve months provided that he proves that he has been continuously engaged in
practical work for the entire extended period.
(3) An ATSEP who does not apply for a renewal within the extended period as provided
for in sub-regulation (2) or fails to prove that he has continuously been engaged in practical
work during that period shall be required to do the Unit OJT programme before he can
be recommended for his Licence renewal as prescribed in the Fourth Schedule of these
Regulations.
(4) A holder of an ATSEP Licence shall not exercise the privileges of the licence unless
the licence is kept valid as prescribed by the Authority.
PART X – AVIATION MEDICAL STANDARDS AND CERTIFICATION
GENERAL
149. Medical Assessment — General
(1) The Authority may issue classes of Medical Assessment that are intended to indicate
the minimum medical standards as follows—
(a) Class I applies to applicants for or holders of—
(i) Commercial Pilot Licence: aeroplanes helicopters and powered-lift:
(ii) Airline transport Pilot Licence: aeroplanes helicopters and powered-
lift;
(iii) flight engineer licence; and
(iv) Multi-crew pilot licence: aeroplanes;
(b) Class 2 applies to applicants for or holders of—
(i) Commercial Pilot Licence: lighter-than-air;
(ii) Private Pilot Licence: aeroplanes, helicopters and glider; Student Pilot
Licence: for all aircraft and powered-lift; and
(iii) cabin crew certificate;
(c) Class 3, applies to applicants for or holders of air traffic controller licence.
(2) As part of the State safety programme, States shall apply a minimum basic safety
management principles to the medical assessment process of licence holders to include—
(a) routine analysis of in-flight incapacitation events and medical findings during
medical assessments to identify areas of increased medical risk; and
(b) continuous re-evaluation of the medical assessment process to concentrate
on identified areas of increased medical risk.
(3) Without prejudice to sub-regulation (1)(a), for applicants under forty years of age,
the Licensing Authority shall, at its discretion, allow medical examiners to omit certain
routine examination items related to the assessment of physical fitness, whilst increasing
the emphasis on health education and prevention of ill health.
150. Aviation medical examiner, designation and qualifications

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(1) The Authority may designate a medical doctor who meets the qualifications specified
in sub-regulation (2) as an aviation medical examiner to conduct medical examinations for
fitness of applicants for the issue or renewal of licences or certificates specified in these
Regulations.
(2) For a medical doctor to be designated as an aviation medical examiner, he shall—
(a) be qualified and licenced in the practice of medicine;
(b) have obtained aviation medicine training at an institution recognised by the
Authority;
(c) demonstrate adequate competence in aviation medicine; and
(d) have practical knowledge and experience of the conditions in which the
holders of licences and ratings carry out their duties.
(3) medical examiner shall receive a refresher training at regular intervals as prescribed
by the Authority.
151. Evaluation of Medical Examiners' Competence
(1) The Authority shall use the services of medical assessors to evaluate reports
submitted to it by medical examiners and making final assessments for issue, renew or deny
medical certificates.
(2) The Authority shall use the services of medical assessors to evaluate reports
submitted to it by medical examiners.
(3) The medical assessors shall be qualified and experienced in the practice of aviation
medicine and competent in evaluating and assessing medical conditions of flight safety
significance.
(4) Medical assessors shall maintain the currency of their professional knowledge.
(5) The medical assessors shall periodically evaluate the competence of medical
examiners to ensure that they meet applicable standards for good medical practice and
acrornedical risk assessment.
(6) The medical assessors shall normally be in charge of Accredited Medical
Conclusions.
152. Delegation of authority
(1) The Authority may delegate to an aviation medical examiner the authority to—
(a) accept applications for physical examinations necessary for issue of a
Medical Certificate under these Regulations;
(b) examine applicants for and holders of Medical Certificates to determine
whether the applicants meet applicable medical standards; and
(c) recommend issuance, renewal, denial or withdrawal of Medical Certificates
to an applicant based on meeting or failing to meet applicable medical
standards.
(2) The Authority shall retain the right to reconsider any action of an aviation medical
examiner.
Medical Certification Procedures
153. Medical records
(1) An applicant for a Medical Certificate shall, in a form and manner prescribed by
the Authority, sign and furnish the medical examiner with a personally certified statement of
medical facts concerning personal, familiar and hereditary history that is as complete and
accurate as the applicant's knowledge permits.
(2) Where the aviation medical examiner finds that additional medical information or
history is needed, the aviation medical examiner shall request that the applicant to furnish
that information, or authorize any clinic, hospital, physician, or other person to release to the
aviation medical examiner all available information or records concerning that history.

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(3) Where an applicant for a Medical Certificate fails within a reasonable period to
provide the requested medical information or history, or fails to authorise the release so
requested, the Authority may deny the application as well as suspend, modify or revoke all
Medical Certificates held by the applicant.
(4) Where a Medical Certificate is suspended or modified under sub-regulation (3), the
suspension or modification remains in effect until—
(a) the holder provides the requested information, history, or authorisation to the
Authority; and
(b) the Authority determines that the holder meets the medical standards.
154. Aviation medical examiner submission of signed medical evaluation
report
(1) An aviation medical examiner who is authorised to conduct a medical examination
under regulation 153 shall—
(a) sign the required report and Medical Certificate and submit directly to the
Authority the full details in the form and manner prescribed by the Authority;
(b) report to the Authority any individual case where in the aviation medical
examiner's judgement, an applicant has failed to meet any requirement that
is likely to jeopardize flight safety; and
(c) having commenced a medical evaluation of an applicant, submit to the
Authority the report, whether the evaluation is terminated prior to completion,
yielded sub-standard results, or was completed satisfactorily.
(2) If the medical report is submitted to the Authority in electronic format, adequate
identification of the examiner shall be established.
155. Issue of Medical Certificate
(1) An aviation medical examiner shall issue the applicable medical certificate to any
person who meets the medical standards prescribed in these regulations, based on medical
examination and evaluation of the applicant's history and condition.
(2) A person to be issued with a medical certificate shall undergo a medical examination
based on the physical and mental standards contained in these Regulations.
(3) If the medical examination is carried out by two or more medical examiners, the
Authority shall appoint one of these to be responsible for coordinating the results of the
examination, evaluating the findings with regard to medical fitness, and signing the report.
(4) The medical examiner shall be required to submit sufficient medical information to
the Authority to enable the Authority to audit Medical Assessments.
156. Denial of Medical Certificate
(1) An applicant for a medical certificate may be denied a certificate if, upon medical
examination, the applicant does not meet the physical and mental standards specified in
these Regulations.
(2) The denial of the Medical Certificate is effective—
(a) the date of the medical evaluation that determined the applicant did not meet
the physical and mental standards specified in these Regulations; and
(b) until such time that the applicant is again determined by the Authority to be
fit to exercise the privileges through—
(i) an accredited medical conclusion;
(ii) a special flight test; or
(iii) with respect to a transient condition, until a subsequent satisfactory
report is acceptable to the Authority.

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(3) An applicant who is denied a Medical Certificate by an aviation medical examiner


may, within thirty days after the date of the denial, apply in writing to the Authority for
reconsideration of the denial.
(4) Upon receiving an application for reconsideration, the Authority shall appoint more
than one medical examiner to conduct medical examination on the applicant and shall
designate one of the medical examiners to be responsible for coordinating the results of the
examination, evaluation and findings with regard to medical fitness, and signing the report.
(5) Where the applicant does not apply for reconsideration during the thirty day period
after the date of the denial, the Authority shall consider that applicant has withdrawn the
application for a Medical Certificate
(6) The period of validity of a Medical Assessment may be reduced when clinically
indicated.
157. Medical requirements
(1) Medical confidentiality shall be respected at all times and all medical reports and
records shall be securely held with accessibility restricted to authorised personnel.
(2) When justified by operational considerations, a medical assessor shall determine
to what extent pertinent medical information, in addition to the information contained in the
medical report submitted under these Regulations, is presented to relevant officials of the
Authority.
Medical Certification Procedures
158. Issue of Medical Certificate with a limitation
(1) The Authority may issue a medical certificate with a limitation to an applicant who
does not meet the applicable standards for a medical certificate if the applicant shows to
the satisfaction of the Authority that—
(a) an accredited medical conclusion indicates that in special circumstances the
applicant's failure to meet any requirement, whether numerical or otherwise,
is such that exercise of the privileges of the licence applied for is not likely to
jeopardize flight safety; and
(b) relevant ability, skill, and experience of the applicant and operational
conditions have been given due consideration.
(2) The Authority shall issue a medical limitation on a licence when the Authority or an
aviation medical examiner determines the safe performance of the licence holder's duties
is dependent on compliance with such a limitation.
159. Duration of Medical Certificate
(1) Class 1 Medical Certificate issued to an applicant who is—
(a) under the age of forty years shall be valid for twelve months from the day the
medical examination is performed; and
(b) forty years of age or more shall be valid for six months from the day the
medical examination is performed.
(2) A Class 2 Medical Certificate issued to an applicant who is—
(a) under the age of forty years shall be valid for twenty four months from the day
the medical examination is performed;
(b) forty years of age or more shall be valid for twelve months from the day the
medical examination is performed.
(3) A Class 3 Medical Certificate issued to an applicant who is —
(a) under the age of forty years shall be valid for twenty four months from the day
the medical examination is performed; and
(b) forty years of age or more shall be valid for twelve months from the day the
medical examination is performed.

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160. Renewal of Medical Certificate


(1) The requirements for the renewal of a Medical Certificate are the same as those for
the initial assessment except where otherwise specifically stated.
(2) When required to obtain or renew correcting lenses, the applicant for medical
examination shall advise the aviation medical examiner conducting the medical examination
of the new prescription, including revised reading distances—
(a) for a Class 1 Medical Certificate, for the visual cockpit tasks relevant to the
types of aircraft in which the applicant is likely to function;
(b) for a Class 2 Medical Certificate, for the visual cockpit and cabin tasks relevant
to the types of aircraft in which the applicant is likely to function; and
(c) for a Class 3 Medical Certificate, for the air traffic control duties the applicant
is to perform.
161. Prohibition of Medical certification
A person shall not hold or be issued with a Medical Certificate if that person suffers from
any disease or disability that could render that person likely to become suddenly unable to
either perform assigned duties safely or operate an aircraft safely.
162. Medical requirements
A person shall not hold or be issued a Medical Certificate if that person—
(a) has any organic, functional or structural disease, defect or limitation (active,
latent, acute or chronic);
(b) has any wound, injury or sequelae from operation; or
(c) uses any prescribed or non-prescribed medication or other treatment that,
based on the case history and appropriate qualified medical judgement
relating to the condition involved, the Authority finds that the medication or
treatment:
(i) makes the person unable to safely perform the duties or exercise the
privileges of the licence or rating applied for or held; or
(ii) may reasonably be expected, for the maximum duration of the medical
Certificate applied for or held, to make the applicant unable to perform
the duties or exercise the privileges of the licence or rating.
163. Physical and mental requirements
(1) An applicant for a Medical Certificate shall be free from—
(a) any abnormality, congenital or acquired;
(b) any active, latent, acute or chronic disability;
(c) any wound, injury or sequelae from operation; or
(d) any effect or side-effect of any prescribed or non-prescribed therapeutic
diagnostic or preventive medication taken such as would entail a degree of
functional incapacity which is likely to interfere with the safe operation of an
aircraft or with the safe performance of duties.
(2) An applicant for a Medical Certificate shall not suffer from any disease or disability
which could render the applicant likely to become suddenly unable to perform assigned
duties safely and in the case of an applicant for a class 1 or 2 Medical Certificate, to operate
an aircraft safely.
(3) An applicant shall have no established medical history or clinical diagnosis of—
(a) an orgarnic mental disorder;
(b) a mental or behavioural disorder due to use of psychoactive substances
including dependence syndrome induced by alcohol or other psychoactive
substances;
(c) schizophrenia or schizotypal or delusional disorder;

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(d) a mood (affective) disorder;


(e) a neurotic, stress-related or somatoform disorder;
(f) a behavioural syndrome associated with psychological disturbances or
physical factors;
(g) a disorder of adult personality or behaviour, particularly if manifested by
repeated overt acts;
(h) mental retardation;
(i) a disorder of psychological development;
(j) a behavioural or emotional disorder with onset in childhood or adolescence; or
(k) a mental disorder not otherwise specified such as might render the applicant
unable to safely exercise the privileges of the licence applied for or held.
(4) An applicant with depression, being treated with antidepressant medication, shall
be assessed as unfit unless the medical assessor, having access to the details of the case
concerned, considers the applicant's condition as unlikely to interfere with the safe exercise
of the applicant's licence and rating privileges.
164. Hearing test requirements
(1) A person holding or being issued a Medical Certificate shall be required to
demonstrate a hearing performance sufficient for the safe exercise of his licence or rating
privileges.
(2) An applicant for a medical certificate shall be tested by pure-tone audiometer at first
issue for Class 1 not less than once every five years, and for Class 3 not less than once
every four years, up to the age of 40 years, thereafter not less than once every two years.
(3) An applicant for a Class 2 medical certificate shall be tested by pure-tone audiometry
at first issue and, after the age of 50 years, not less than once every two years or other
alternative methods providing equivalent results may be used.
(4) At a medical examination where audiometer is not performed, an applicant shall be
tested in a quiet room by whispered and spoken voice tests.
(4) An applicant for a medical certificate whose uncorrected distant visual acuity in either
eye is worse than 6/60 shall provide a full ophthalmic report prior to initial medical evaluation
and every five years thereafter.
165. Issue of Medical Certificate for persons under oral drugs
Medical Certificate may be issued to an applicant where oral drugs are administered
under conditions permitting appropriate medical supervision and control and which,
according to an accredited medical conclusion, are compatible with the safe exercise of the
applicant's licence and rating privileges.
166. Visual requirements: general
(1) A person holding or being issued a Medical Certificate shall have—
(a) normally functioning eyes and adnexae;
(b) normal fields of vision, normal binocular function; and
(c) no active pathological condition, acute or chronic, nor sequelae of surgery or
trauma of the eyes or their adnexae, which is likely to jeopardise flight safety.
(2) A person with reduced stereopsis, abnormal convergence not interfering with
near vision, and ocular misalignment where the fusional reserves are sufficient to prevent
asthenopia and diplopia shall not be disqualified.
167. Vision testing requirements
(1) The corrected and uncorrected visual acuity must be measured and recorded at
each examination.

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(2) An applicant for a medical examination who uses contact lenses need not have
his uncorrected visual acuity measured at each reexamination provided the history of the
contact lens prescription is known.
(3) The test for visual acuity must comply with the following —
(a) for a visual acuity test in a lighted room, use a test illumination level of
approximately 50 lx, normally corresponding to a brightness of 30 cd per
square metre;
(b) visual acuity shall be measured by means of a series of optotypes of landolt,
or similar optotypes, placed at a distance of six metres from the applicant, or
five metres as appropriate.
(4) The Authority may require a separate ophthalmic report before issue of a Medical
Certificate.
(5) The conditions which indicate a need to obtain an ophthalmic report include—
(a) a substantial decrease in the uncorrected visual acuity;
(b) any decrease in best corrected visual acuity; and
(c) the occurrence of eye disease, eye injury or eye surgery.
168. Acceptability of correcting lenses
(1) A person may meet the visual acuity fitness for near or distant vision by using
correcting lenses.
(2) correcting spectacles may be used if—
(a) not more than one pair of correcting spectacles is used to demonstrate
compliance with visual acuity requirements;
(b) single-vision near correction lenses (full lenses of one power only, appropriate
to reading) are not used for both near and distance vision; and
(c) in order to read the instruments and a chart or manual held in the hand, and
to make use of distant vision through the windscreen without removing the
lenses, the spectacles are as appropriate—
(i) lookover;
(ii) bifocal; or
(iii) trifocal.
(3) An applicant for medical examination may use contact lenses to meet the distance
vision acuity requirement if the lenses are—
(a) monofocal;
(b) non-tinted; and
(c) well tolerated.
(4) A person issued with a Medical Certificate that requires correcting lenses or
spectacles shall have a limitation placed on the document requiring that person, while
exercising the privileges of the licence or certificate, as appropriate—
(a) wear the distant-correction lenses at all times;
(b) have readily available and use the near-correction spectacles as necessary
to accomplish near vision functions; and
(c) have a second pair of suitable spectacles (distant or nearcorrection, as
appropriate) available for immediate use.
169. Distance vision requirements
(1) A person issued with a Medical Certificate shall have distant visual acuity, with or
without correcting lenses of at least—
(a) 6/9 with binocular visual acuity of 6/6 or better, for class 1 medical certificate;
or

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(b) 6/12 with binoculars visual acuity of 6/9 or better, for class 2 medical certificate
6/9 with binoculars visual acuity of 6/6 or better, for class 3 medical certificate.
(2) Uncorrected distance visual acuity is not a limiting factor.
(3) An applicant for a medical certificate with a large refractive error shall use contact
lenses or high-index spectacle lenses.
(4) Where spectacles are used, high-index lenses are needed to minimize peripheral
field distortion.
(5) An applicant for a medical certificate whose uncorrected distant visual acuity in either
eye is worse than 6/60 shall provide a full ophthalmic report prior to initial medical evaluation
and every five years thereafter.
(6) An applicant for a medical certificate who has undergone surgery affecting the
refractive status of the eye shall be free of those sequelae likely to interfere with the safe
exercise of the applicant's licence privileges.
170. Near vision requirements
(1) A person issued with a Medical Certificate shall meet the following minimum visual
standards for near visual acuity to read, with or without corrective lenses, an—
(a) N14 chart or its equivalent at a distance of 100 cm, with "N 14" referring to
"Times Roman" font; and
(b) N5 chart at a distance of 30 to 50 cm as selected by the applicant, with "N5"
referring to "Times Roman" font.
(2) Where the near-vision requirements are met only by the use of near-correction and
the applicant also needs distant-correction, both corrections must be added to a pair of
spectacles to be used to meet the requirements.
(3) When required to obtain or renew correcting lenses, an applicant for a medical
certificate shall advise the aviation medical examiner of reading distances for the duties the
applicant is to perform.
(4) When required to obtain or renew correcting lenses, an applicant for a medical
certificate shall advise the aviation medical examiner of reading distances for the visual flight
deck tasks relevant to the types of aircraft in which the applicant is likely to function.
171. Colour perception requirements
(1) An applicant for a medical certificate shall demonstrate the ability to perceive readily
those colours the perception of which is necessary for the safe performance of duties.
(2) The applicant shall be able to correctly identify a series of pseudoisochromatic plates
(tables) in daylight or in artificial light of the same colour temperature such as that provided
by Illuminate "C" or "D65" as specified by the International Commission on Illumination .
(3) An applicant failing to obtain a satisfactory score in such a test may nevertheless
be assessed as fit provided the applicant is able to readily and correctly identify aviation
coloured lights displayed by means of a recognized colour perception lantern in a special
test conducted by the aviation medical examiner.
(4) An applicant for a medical certificate unable to satisfactorily complete the special
test provided in sub-regulation (3)—
(a) shall only be eligible for a Class 2 Medical Certificate with the following
restriction: "Valid for Day Operations Only;" and
(b) shall be advised that any sunglasses worn during the exercise of the privileges
must be non-polarizing and of a neutral grey tint.
172. Ear and related structures
(1) A person shall not hold or be issued a Medical Certificate if that person—
(a) possesses any abnormality or disease of the ear or related structures which
is likely to interfere with the safe exercise of the applicant's licence or rating
privileges;

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(b) except for Class 3 Medical Certificate—


(i) has disturbance of vestibular function;
(ii) has significant dysfunction of the eustachian tubes;
(iii) has unhealed perforation of the tympanic membranes; and
(iv) has nasal obstruction;
(c) has malformation or any disease of the buccal cavity or upper respiratory tract
which is likely to interfere with the safe exercise of the applicant's licence and
rating privileges.
(2) Except for a Class 3 medical certificate, a single dry perforation of the tympanic
membrane need not render a person unfit.
173. Hearing requirements
(1) An applicant for a medical certificate when tested on a pure-tone audiometer shall
not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies
500, 1000 or 2000 Hz, or more than 50 dB at 3000 Hz.
(2) An applicant with a hearing loss greater than that specified in sub-regulation (I)
may be declared fit provided that the applicant has normal hearing performance against a
backilogramsround noise that reproduces or simulates the masking properties of flight deck
noise upon speech and beacon signals.
(3) A person shall not hold or be issued a Class 2 medical certificate if that person
is unable to hear an average conversational voice in a quiet room, using both ears, at a
distance of two metres from the examiner and with the back turned to the examiner or an
alternative practical hearing test conducted in flight in the cockpit of an aircraft of the type
for which the applicant's licence and ratings are valid may be used.
(4) An applicant who does not meet the requirements listed above shall undergo further
testing in accordance with these Regulations.
(5) An applicant for a Class 3 medical certificate with a hearing loss greater than the
above may be declared fit provided that the applicant has normal hearing performance
against a backilogramsround noise that reproduces or simulates that experienced in a typical
air traffic control working environment.
(6) Alternatively, a practical hearing test conducted in an air traffic control environment
representative of the one for which the applicant's license and ratings are valid may be used.
174. Cardiovascular: general
(1) A person shall not hold nor be issued a Medical Certificate if that person has any
abnormality of the heart, congenital or acquired, which is likely to interfere with the safe
exercise of his licence or rating privileges.
(2) An applicant who has undergone coronary by-pass grafting or angioplasty with or
without stenting or other cardiac intervention or who has a history of myocardial infarction
or suffers from any other potentially incapacitating cardiac condition shall not hold nor be
issued a medical certificate unless the applicant's cardiac condition has been investigated
and evaluated in accordance with best medical practice and is assessed not likely to interfere
with the safe exercise of the applicant's licence or rating privileges.
(3) The applicant for a medical certificate with an abnormal cardiac rhythm shall not
hold or be issued a Medical Certificate unless the cardiac arrhythmia has been investigated
and evaluated with best medical practice and is assessed not likely to interfere with the safe
exercise of the applicant's licence or rating privileges.
175. Blood pressure and circulation
(1) A person shall not hold or be issued a medical certificate if that person has—
(a) systolic and diastolic blood pressures outside normal limits; or
(b) a significant functional or structural abnormality of the circulatory system.

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(2) The use of drugs for control of high blood pressure shall be disqualifying except for
those drugs, the use of which is compatible with the safe exercise of the applicant's licence
and rating privileges.
176. Electrocardiography examination
(1) Electrocardiography shall form part of the heart examination for the first issue of a
medical certificate.
(2) The purpose of routine electrocardiography is case finding and it does not
provide sufficient evidence to justify this qualification without further thorough cardiovascular
investigation.
(3) Electrocardiography shall be included in a re-examination of applicants for a medical
certificate between the ages of thirty and fifty years no less frequently than every two years,
except for Class 1 medical certificate which shall be annually.
177. Neurological requirements
(1) person shall not hold nor be issued a medical certificate if that person has a medical
history or clinical diagnosis of any of the following—
(a) a progressive or non-progressive disease of the nervous system, the effect
of which, is likely to interfere with the safe exercise of the applicant's licence
or rating privileges:
(b) epilepsy; or
(c) any disturbance of consciousness without satisfactory medical explanation of
cause.
(2) A person shall not hold nor be issued a medical certificate if that person has suffered
any head injury, the effects of which, are likely to interfere with the safe exercise of the
applicant's licence and rating privileges.
178. Respiratory capability
(1) person shall not hold nor be issued a medical certificate if that person has an
established medical history or clinical diagnosis of—
(a) disability of the lungs or any active disease of the structures of the lungs,
mediastinum or pleurae likely to result in incapacitating symptoms during
normal or emergency operations;
(b) active pulmonary tuberculosis; and
(c) asthma causing significant symptoms or likely to cause incapacitating
symptoms during normal or emergency operations.
(2) Unless there is an accredited medical conclusion indicating that the use of drugs for
control of asthma is not likely to interfere with the safe exercise of the applicant's license or
rating privileges, the use of such drug shall be disqualifying.
(3) An applicant with chronic obstructive pulmonary disease shall be assessed as unfit
unless the applicant's condition has been investigated and evaluated in accordance with
best medical practice and is assessed not likely to interfere with the safe exercise of the
applicant's licence or rating privileges.
(4) An applicant with quiescent or healed lesions which are known to be tuberculous, or
are presumably tuberculous in origin, may be assessed as fit.
(5) Applicants shall be completely free from those hernias that might give rise to
incapacitating symptoms.
(6) Applicants with significant impairment of the function of the gastrointestinal tract or
its adnexa shall be assessed as unfit.
(7) Applicants with sequelae of disease of or surgical intervention on any part of
the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any
obstruction due to stricture or compression, shall be assessed as unfit.

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179. Radiology (X-ray) evaluation


A radiography evaluation shall be accomplished during the initial chest examination and
be conducted as necessary in subsequent medical examinations where there are historical
chest cavity issues, symptoms or doubtful clinical cases.
180. Kidneys and urinary tract
(1) A person shall not hold or be issued a medical certificate if that person has an
established medical history or clinical diagnosis of any of the following medical conditions—
(a) active acute or chronic pathological process of the internal ear or of the middle
ear;
(b) disease or condition of the middle or internal ear, nose, oral cavity, pharynx,
or larynx that—
(i) interferes with, or is aggravated by, flying or may reasonably be
expected to do so; or
(ii) interferes with, or may reasonably be expected to interfere with clear
and effective speech communication;
(c) a disease or condition manifested by, or that may reasonably be expected to
be manifested by, vertigo or a disturbance of equilibrium;
(d) permanent disturbances of the vestibular apparatus; or
(e) permanent obstruction to eustachian tubes.
(2) Unless there is an accredited medical conclusion indicating that the condition is not
likely to affect the safe exercise of the applicant's license or rating privileges, the following
medical conditions are disqualifying—
(a) acute or chronic impairment of nasal air entry on either side; or
(b) serious malformation or serious, acute or chronic affection of the buccal cavity
or upper respiratory tract.
181. Bones, muscles and tendons
A person shall not hold nor be issued a medical certificate if that person possesses any
abnormality of the bones, joints, muscles, tendons or related structures which is likely to
interfere with the safe exercise of the applicant's licence or rating privileges.
182. Endocrine system
A person shall not hold or be issued a Medical Certificate if that person has an
established medical history or clinical diagnosis of any metabolic, nutritional or endocrine
disorders that are likely to interfere with safe exercise of his licence or rating privileges.
183. Diabetic applicant
A person shall not hold nor be issued a medical certificate if that person has an
established medical history or clinical diagnosis of—
(a) insulin treated diabetes mellitus; or
(b) non-insulin treated diabetes mellitus unless the condition is shown to be
satisfactorily controlled by diet alone or by diet combined with oral anti-
diabetic medication, the use of which is compatible with the safe exercise of
that person's licence or rating privileges.
184. Gastrointestinal and digestive tract
(1) person shall not hold, nor be issued a medical certificate if that person has an
established medical history or clinical diagnosis of any of the following medical conditions—
(a) significant impairment of function of the gastrointestinal tract or its adnexa;

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(b) sequelae of disease of, or surgical intervention on, any part of the digestive
tract or its adnexae, likely to cause incapacitation in flight, in particular,
obstruction due to stricture or compression; or
(c) hernias that might give rise to incapacitating symptoms except for Class 3
medical certificate.
(2) Unless there is an accredited medical conclusion indicating that the effects of the
operation are not likely to cause incapacitation in flight, an applicant who has undergone a
major surgical operation on the biliary passages or the digestive tract or its adnexa with a
total or partial excision or a diversion of any of these organs that may cause incapacity in
flight shall not hold, nor be issued a medical certificate.
185. Kidneys and urinary tract
(1) A person shall not hold nor be issued a medical certificate if that person has
an established medical history or clinical diagnosis of genitor-urinary disease, unless
adequately investigated and his condition found unlikely to interfere with the safe exercise
of the person's licence or rating privileges.
(2) A urine examination shall form part of the medical examination and abnormalities
shall be adequately investigated.
(3) A person shall not hold nor be issued a medical certificate if that person has—
(a) any sequelae of diseases of, or surgical procedures on the kidneys or the
genitor-urinary tract, in particular obstructions due to stricture or compression,
unless his condition has been investigated and evaluated in accordance with
the best medical practice and is assessed not likely to interfere with the safe
exercise of that person's licence or rating privileges; Or
(b) undergone nephrectomy unless the condition is well compensated.
PART XI – EXEMPTIONS
186. Lymphatic glands or disease of the blood
An applicant for a medical certificate with diseases of the blood or the lymphatic system
shall be assessed as unfit unless adequately investigated and his condition found unlikely
to interfere with the safe exercise of the applicant's licence or rating privileges.
187. Gynaecological conditions
An applicant for a medical certificate who has a gynaecological disorder that is likely
to interfere with the safe exercise of the applicant's licence or rating privileges shall be
assessed as unfit.
188. Pregnancy
(1) An applicant for a medical certificate who is pregnant shall be assessed as
unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk
uncomplicated pregnancy.
(2) For an applicant with a low-risk uncomplicated pregnancy evaluated and supervised
in accordance with sub-regulation (1), the fit certificate shall, in the case of Class 1 and 2
medical certificate be limited to the period from the end of the 12th week to the end of the
26' week of gestation and in the case of Class 3 medical certificate be limited until the period
until the end of the 34th week of gestation.
(3) Following confinement or termination of pregnancy the applicant shall not be
permitted to exercise the privileges of her licence until she has undergone re-evaluationin
accordance with best medical practice and it has been determined that she is able to safely
exercise the privileges of her licence or ratings.
(4) The Authority shall take precautions for the timely relief of an air traffic controller in
the gestational period in the event of early onset of labour or other complications.
189. Speech defects

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An applicant for a medical certificate with stuttering or other speech defects sufficiently
severe to cause impairment of speech communication shall be assessed as unfit.
190. Acquired Immunodeficienc y Syndrome
(1) An applicant for a medical certificate with acquired immunodeficiency syndrome shall
be assessed as unfit.
(2) Applicants who are seropositive for human Immunodeficiency virus shall be
assessed as unfit unless the applicant's condition has been investigated and evaluated in
accordance with best medical practice and is assessed as not likely to interfere with the safe
exercise of the applicant's licence or rating privileges.
PART XI — EXEMPTIONS
191. Requirements for application
(1) A person may apply to the Authority for an exemption from any of these Regulations.
(2) An applications for an exemption shall be submitted at least sixty days in advance
of the proposed effective date, to obtain timely review.
(3) A request for an exemption must contain the applicant' s—
(a) name;
(b) physical address and mailing address;
(c) telephone number;
(d) fax number if available; and
(e) email address if available
(4) The application shall be accompanied by a fee specified by the Authority, for technical
evaluation.
192. Substance of the request for exemption
(1) An application for an exemption must contain the following—
(a) a citation of the specific requirement from which the applicant seeks
exemption;
(b) an explanation of why the exemption is needed;
(c) a description of the type of operations to be conducted under the proposed
exemption;
(d) the proposed duration of the exemption;
(e) an explanation of how the exemption would be in the public interest, that is,
benefit the public as a whole;
(f) 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;
(g) 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; and
(h) if the applicant seeks to operate under the proposed exemption outside of
Kenya's airspace, an indication whether the exemption would contravene any
provision of the Standards and Recommended Practices of the International
Civil Aviation Organization as well as the Regulations pertaining to the
airspace in which the operation will occur.
(2) Where 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.
(3) The Authority may deny an application if the Authority finds that the applicant has
not justified the failure to apply for an exemption in a timely fashion.

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Review, Publication and Issue or Denial of the Exemption


193. Initial review by the Authority
(1) The Authority shall review the application for accuracy and compliance with the
requirements of regulation 191.
(2) If the application appears on its face to satisfy the provisions of this regulation and the
Authority determines that a review of its merits is justified, the Authority will publish a detailed
summary of the application in either Kenya Gazette, aeronautical information circular or at
least one local daily newspaper for comment and specify the date by which comments must
be received by the Authority for consideration.
(3) Where the filing requirements of regulations 191 have not been met, the Authority
will notify the applicant and take no further action until and unless the applicant corrects the
application and re-files it in accordance with these Regulations.
(4) If the request is for emergency relief, the Authority shall publish the application or
the Authority's decision as soon as possible after processing the application.
194. Evaluation of the request
(1) After initial review, if the filing requirements have been satisfied, the Authority shall
conduct an evaluation of the request to determine—
(a) whether an exemption would be in the public interest;
(b) whether the applicant's proposal would provide a level of safety equivalent
to that established by the regulation, although where the Authority decides
that a technical evaluation of the request would impose a significant burden
on the Authority's technical resources, the Authority may deny the exemption
on that basis;
(c) whether a grant of the exemption would contravene these regulations; and
(d) whether the request should be granted or denied, and of any conditions or
limitations that shall be part of the exemption.
(2) The Authority shall notify the applicant by letter and publish a detailed summary of
its evaluation and decision to grant or deny the request.
(3) The summary referred to in sub-regulation (2) shall specify the duration of the
exemption and any conditions or limitations of the exemption.
(4) If the exemption affects a significant population of the aviation community of Kenya
the Authority shall publish the summary in an aeronautical information circular.
PART XII — GENERAL PROVISIONS
195. Change of Address
(1) A holder of a licence, certificate or authorisation issued by the Authority shall have it
in his physical possession or at the work site when exercising the privileges of that licence,
certificate or authorisation.
(2) A crewmember of a foreign registered aircraft shall hold a valid licence, certificate or
authorisation, including an appropriate and current medical certificate, issued by the State of
Registry and has it in his or her physical possession or at the work station when exercising
the privileges of that licence, certificate or authorisation.
196. Use of psychoactive substances
(1) A holder of a licence, rating or a certificate issued under these Regulations shall not
exercise the privileges of the licence, rating or certificate while under the influence of any
psychoactive substance, by reason of which human performance is impaired.
(2) A person whose function is critical to the safety of aviation (safety-sensitive
personnel) shall not undertake that function while under the influence of any psychoactive
substance, by reason of which human performance is impaired.

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(3) The person referred to in sub-regulation (I) and (2) shall not engage in any kind of
problematic use of substances.
197. Drug and alcohol testing and reporting
(1) person who performs any function requiring a licence, rating, qualification or
authorisation prescribed by these Regulations directly or by contract may be tested for drug
or alcohol usage.
(2) A person who refuses to submit to a test to indicate the percentage by weight of
alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses
to furnish or to authorise the release of the test results requested by the Authority shall—
(a) be denied any licence, certificate, rating, qualification, or authorisation issued
under these Regulations for a period of up to one year from the date of that
refusal; or
(b) have their licence, certificate, rating, qualification, or authorisation issued
under these Regulations suspended or revoked.
(3) A person who refuses to submit to a test to indicate the presence of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances in the body, when requested by
a law enforcement officer or the Authority, or refuses to furnish or to authorise the release
of the test results requested by the Authority shall—
(a) be denied any licence, certificate, rating, qualification, or authorisation issued
under these Regulations for a period of up to one year from the date of that
refusal; or
(b) have their licence, certificate, rating, qualification, or authorisation issued
under these Regulations suspended or revoked.
(4) Any person who is convicted for the violation of any local or national statute relating
to the growing, processing, manufacture, sale, disposition, possession, transportation, or
importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances,
shall—
(a) be denied any license, certificate, rating, qualification, or authorisation issued
under these Regulations for a period of up to one year after the date of
conviction; or
(b) have their licence, certificate, rating, qualification, or authorisation issued
under these Regulations suspended or revoked.
198. Inspection of licences, certificates and authorisations
A person who holds a licence, certificate, or authorisation required by these Regulations
shall present it for inspection upon a request from the Authority or any person authorised
by the Authority.
199. Change of Name.
(1) A holder of a licence, certificate or authorisation issued under these Regulations
may apply to change the name on a licence or certificate.
(2) The holder shall include with any such request—
(a) the current licence or certificate; and
(b) a court order, or other legal document verifying the name change.
(3) The Authority may change the licence, certificate or authorisation and issue a
replacement thereof.
(4) The Authority shall return to the holder the original documents specified in sub-
regulation 2(b) and retain copies thereof and return the replaced licence, certificate or
authorisation with the appropriate endorsement.
200. Change of address

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A holder of a licence, certificate, or authorisation issued under these Regulations shall


notify the Authority of the change in the physical and mailing address and shall do so in
the case of—
(a) physical address, at least fourteen days in advance;
(b) mailing address upon the change.
201. Replacement of documents
A person may apply to the Authority in the prescribed form for replacement of documents
issued under these Regulations if the documents are lost or destroyed.
202. Suspension and revocation of documents
(1) The Authority may, where it considers it to be in the public interest, suspend
provisionally, pending further investigation, any licence, certificate, approval, permission,
exemption, authorisation or such other document issued, granted or having effect under
these Regulations.
(2) The Authority may, upon the completion of an investigation which has shown
sufficient ground to its satisfaction and where it considers it to be in the public interest,
revoke, suspend, or vary any licence, certificate, approval, permission, exemption,
authorisation or other document issued or granted under these Regulations.
(3) The Authority may, where it considers it to be in the public interest, prevent any
person or aircraft from flying.
(4) A holder or any person having the possession or custody of any licence,
certificate, approval, permission, exemption, authorisation or other documents which has
been revoked, suspended or varied under these Regulations shall surrender it to the
Authority within 14 days from the date of revocation, suspension or variation.
(5) The breach of any condition subject to which any licence, certificate, approval,
permission, exemption, authorisation, or any other document has been granted or issued
under these Regulations shall render the document invalid during the continuance of the
breach.
203. Use and retention of documents and records
(1) A person shall not—
(a) use any licence, certificate, approval, permission, exemption, authorisation or
other document issued or required by or under these Regulations which has
been forged, altered, revoked, or suspended, or to which he is not entitled;
(b) forge or alter any licence, certificate, approval, permission, exemption,
authorisation or other document issued or required by or under these
Regulations;
(c) lend any licence, certificate, approval, permission, exemption, authorisation
or other document issued or required by or under these Regulations to any
other person; or
(d) make any false representation for the purpose of procuring for himself
or any other person the grant issue renewal or variation of any such
licence, certificate, approval, permission or exemption, authorisation or other
document.
(2) During the period for which it is required under these Regulations to be preserved,
a person shall not mutilate, alter, render illegible or destroy any records, or any entry made
therein, required by or under these Regulations to be maintained, or knowingly make, or
procure or assist in the making of, any false entry in any such record, or wilfully omit to make
a material entry in such record.
(3) All records required to be maintained by or under these Regulations shall be recorded
in a permanent and indelible material.

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(4) A person shall not issue any certificate, document or exemption under these
Regulations unless he is authorised to do so by the Authority.
(5) A person shall not issue any certificate of the kind referred to in sub-regulation (4)
unless he has satisfied himself that all statements in the certificate are correct, and that the
applicant is qualified to hold that certificate.
204. Contravention of Regulations
(1) Any person who knows of a violation of the Civil Aviation Act or any regulations or
orders issued there under, shall report it to the Authority.
(2) The Authority will determine the nature and type of any additional investigation or
enforcement action that need be taken.
205. Enforcement of directions
A person who fails to comply with any direction given to him by the Authority or by
any authorised person under any provision of these Regulations shall be deemed for the
purposes of these Regulations to have contravened that provision.
206. Aeronautical user fees
(1) The Authority may notify the fees to be charged in connection with the issue,
validation, renewal, extension or variation of any certificate, licence or other document,
including the issue of a copy thereof, or the undergoing of any examination, test, inspection
or investigation or the grant of any permission or approval, required by, or for the purpose
of these Regulations any orders, notices or proclamations made thereunder.
(2) Upon an application being made in connection with which any fee is chargeable in
accordance with the provisions of subregulation (1), the applicant shall be required, before
the application is accepted, to pay the fee so chargeable.
(3) If, after that payment has been made, the application is withdrawn by the applicant
or otherwise ceases to have effect or is refused, the Authority, shall not refund the payment
made.
207. Application of regulations to Government, visiting forces. etc
(1) These Regulations shall apply to aircraft, not being military aircraft, belonging to
or exclusively employed in the service of the Government, and for the purposes of such
application, the Department or other authority for the time being responsible for management
of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an
aircraft belonging to the Government, to be the owner of the interest of the Government in
the aircraft.
(2) Except as otherwise expressly provided, the naval, military and air force authorities
and member of any visiting force and property held or used for the purpose of such a force
shall be exempt from the provision of these regulations to the same extent as if the visiting
force formed part of the military force of Kenya.
208. Extra-territorial application of Regulations
Except where the context otherwise requires, these Regulations—
(a) in so far as they apply, whether by express reference or otherwise, to aircraft
registered inKenya, shall apply to such aircraft wherever they may be;
(b) in so far as they apply, whether by express reference or otherwise, to other
aircraft, shall apply to such aircraft when they are within Kenya;
(c) in so far as they prohibit, require or regulate, whether by express reference
or otherwise, the doing of anything by any person in, or by any of the crew
of, any aircraft registered in Kenya, shall apply to such persons and crew,
wherever they may be; and
(d) in so far as they prohibit, require or regulate, whether by express reference or
otherwise, the doing of anything in relation to any aircraft registered in Kenya

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by other persons shall, where such persons are citizens of Kenya, apply to
them wherever they may be.
PART XIII — OFFENCES AND PENALTIES
209. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his licence,
certificate, approval, authorisation, exemption or other document revoked or suspended.
210. Penalties
(1) If any provision of these Regulations, orders, notices or proclamations made under
the regulations is contravened in relation to an aircraft, the operator of that aircraft and
the pilot in command, if the operator or the pilot in command is not the person who
contravened that provision shall, without prejudice to the liability of any other person under
these Regulations for that contravention, be deemed to have contravened that provision
unless he proves that the contravention occurred without his consent or connivance and
that he or she exercised all due diligence to prevent the contravention.
(2) A person who contravenes any provision specified as an "A" provision in the Fifth
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding one million shillings for each offence and or to imprisonment for a term not
exceeding one year or to both.
(3) A person who contravenes any provision specified as a "B" provision in the Fifth
Schedule to these Regulations commits an offence and is liable on conviction to a fine
not exceeding two million shillings for each offence and or to imprisonment for a term not
exceeding three years or to both.
(4) A person who contravenes any provision of these Regulations not being a provision
referred to in the Fifth Schedule to these Regulations commits an offence and is liable
on conviction to a fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four million shillings.
211. Revocation of L.N. No....2013
The Civil Aviation (Personnel Lisensing) Regulations, 2013 arc revoked.
FIRST SCHEDULE
[Regulation 4(3).]

SPECIFICATIONS FOR PERSONNEL LICENCES


Personnel licences issued by a Contracting State in accordance with the relevant
provisions of these Regulations shall conform to the following specifications—
1. Detail
(a) A Contracting State having issued a licence shall ensure that other States arc
able to easily determine the licence privileges and validity of ratings.
(b) the following details shall appear on the licence—
(i) name of State (in bold type);
(ii) title of licence (in very bold type);
(iii) serial number of the licence, in Arabic numerals, given by the authority
issuing the licence;
(iv) name of holder in full (in Roman alphabet also if script of national
language is other than Roman);
(v) Date of birth;
(vi) address of holder if desired by the State;
(vii) nationality of holder;
(viii) signature of holder;

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(ix) authority and, where necessary, conditions under which the licence is
issued;
(x) certification concerning validity and authorization for holder to exercise
privileges appropriate to licence;
(xi) signature of officer issuing the licence and the date of such issue;
(xii) seal or stamp of authority issuing the licence;
(xiii) ratings, e.g. category, class, type of aircraft, airframe, aerodrome
control, etc.;
(xiv) remarks, i.e. special endorsements relating to limitations and
endorsements for privileges, including from 5 march 2008 an
endorsement of language proficiency, and other information required
in pursuance to article 39 of the chicago convention;
(xv) any other details desired by the State issuing the licence.
2.
Material: First quality papers or other suitable material, including plastic cards, shall be
used and the items mentioned in paragraph 1(b) shown clearly thereon.
3. Language
When licences are issued in a language other than English, the licence shall include
an English translation of at least items i), ii), vi), ix), xii), xiii) and xiv) under paragraph 1(b)
and when provided in a language other than English, authorizations issued shall include an
English translation of the name of the State issuing the authorization, the limit of validity of
the authorization and any restriction or limitation that may be established.
4. Arrangement of items
Item headings on the licence shall be uniformly numbered in roman numerals as
indicated in paragraph I (b), so that on any licence the number will, under any arrangement,
refer to the same item heading.

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SECOND SCHEDULE
[Regulations 9 ( I ), 20, 21, 41( I ), 61(1),I 3(b), I I7(b) and 134(2)(b)]

LANGUAGE PROFICIENCY REQUIREMENTS


(1) meet the language proficiency requirements contained in regulation 9, an applicant
for a licence or a licence holder shall demonstrate, in a manner acceptable to the Authority,
compliance with the holistic descriptors at paragraph (2) and with the Operational Level
(Level (4) of the Language Proficiency Rating Scale in paragraph (3).
(2) Holistic descriptors - proficient speakers shall—
(a) communicate effectively in voice-only (telephone/radiotelephone) and in
faceto- face situations;
(b) communicate on common, concrete and work-related topics with accuracy
and clarity;
(c) use appropriate communicative strategies to exchange messages and to
recognize and resolve misunderstandings (e.g. to check, confirm, or clarify
information) in a general or work-related context;
(d) handle successfully and with relative ease the linguistic challenges presented
by a complication or unexpected turn of events that occurs within the context
of a routine work situation or communicative task with which they are
otherwise familiar; and
(e) use a dialect or accent which is intelligible to the aeronautical community.
(3) Rating scales—
(a) Operational Level (Level 4)—
(i) Pronunciation: Pronunciation, stress, rhythm and intonation are
influenced by the first language or regional variation but only
sometimes interfere with understanding;
(ii) Structure: Basic grammatical structures and sentence patterns are
used creatively and are usually well controlled. Errors may occur,
particularly in unusual or unexpected circumstances, but rarely
interfere with meaning;
(iii) Vocabulary: Vocabulary range and accuracy are usually sufficient
to communicate effectively on common, concrete, and work related
topics. Can often paraphrase successfully when lacking vocabulary in
unusual or unexpected circumstances;
(iv) Fluency: Produces stretches of language at an appropriate tempo.
There may be occasional loss of fluency on transition from rehearsed
or formulaic speech to spontaneous interaction, but this does not
prevent effective communication. Can make limited use of discourse
markers or connectors. Fillers are not distracting;
(v) Comprehension: Comprehension is mostly accurate on common,
concrete, and work related topics when the accent or variety used is
sufficiently intelligible for an international community of users. When
the speaker is confronted with a linguistic or situational complication
or an unexpected turn of events, comprehension may be slower or
require clarification strategies;
(vi) Interactions: Responses are usually immediate, appropriate and
informative. Initiates and maintains exchanges even when dealing
with an unexpected turn of events. Deals adequately with apparent
misunderstandings by checking, confirming or clarifying.
(b) Extended Level (Level 5)
(i) Pronunciation: Pronunciation, stress, rhythm, and intonation, though
influenced by the first language or regional variation, rarely interfere
with ease of understanding;

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(ii) Structure: Basic grammatical structures and sentence patterns are


consistently well controlled. Complex structures are attempted but with
errors which sometimes interfere with meaning;
(iii) Vocabulary: Vocabulary range and accuracy are sufficient to
communicate effectively on common, concrete, and work related
topics. Paraphrases consistently and successfully. Vocabulary is
sometimes idiomatic;
(iv) Fluency: Able to speak at length with relative ease on familiar topics,
but may not vary speech flow as a stylistic device. Can make use of
appropriate discourse markers or connectors;
(v) Comprehension: Comprehension is accurate on common, concrete,
and work related topics and mostly accurate when the speaker
is confronted with a linguistic or situational complication or an
unexpected turn of events. Is able to comprehend a range of speech
varieties (dialect and/or accent) or registers;
(vi) Interactions: Responses are immediate, appropriate, and informative.
Managers the speaker/listener relationship effectively.
(c) Expert Level (Level 6)
(i) Pronunciation: Pronunciation, stress, rhythm, and intonation, thought
possibly influenced by the first language or regional variation, almost
never interfere with ease of understanding;
(ii) Structure: Both basic and complex grammatical structures and
sentence patterns are consistently well controlled;
(iii) Vocabulary: Vocabulary range and accuracy are sufficient to
communicate effectively on a wide variety of familiar and unfamiliar
topics. Vocabulary is idiomatic, nuanced, and sensitive to register;
(iv) Fluency: Able to speak at length with a natural, effortless flow. Varies
speech flow for stylistic effect, e.g. to emphasize a point. Uses
appropriate discourse markers and connectors spontaneously;
(v) Comprehension: Comprehension is consistently accurate in nearly
all contexts and includes comprehension of linguistic and cultural
subtleties;
(vi) Interactions: Interacts with ease in nearly all situations. Is sensitive to
verbal and non-verbal cues, and responds to them appropriately.

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THIRD SCHEDULE
[Regulations 61, 62(2) and 63(3).]

REQUIREMENTS FOR THE ISSUE OF THE


MULTI-CREW PILOT LICENCE – AEROPLANE
1.1 In order to meet the requirements of the multi-crew pilot licence in the
aeroplane category, the applicant shall have completed an approved
training course. The training shall be competency-based and conducted
in a multi-crew operational environment.
1.2 During the training, the applicant shall have acquired the knowledge, skills
and attitudes required as the underpinning attributes for performing as
a co-pilot of a turbine-powered air transport aeroplane certificated for
operation with a minimum crew of at least two pilots.
2. Assessment level
The applicant for the multi-crew pilot licence in the aeroplane category shall have
satisfactorily demonstrated performance in all the nine competency units specified in 3,
at the advanced level of competency as defined in the Level of Competency.
3. Competency units
The nine competency units that an applicant has to demonstrate are as follows:
(1) apply threat and error management (TEM) principles;
(2) perform aeroplane ground operations;
(3) perform take-off;
(4) perform climb;
(5) perform cruise;
(6) perform descent;
(7) perform approach;
(8) perform landing; and
(9) perform after-landing and aeroplane post-flight operations.
4. Simulated flight
4.1 The flight simulation training devices used to gain the experience
specified in regulation 58 shall have been approved by the Authority.
4.2 Flight simulation training devices shall be categorized as follows:
(a) Type I. E-training and part tasking devices approved by the
Authority that have the following characteristics:
— involve accessories beyond those normally associated with
desktop computers, such as functional replicas of a throttle
quadrant, a sidestick controller, or an FMS keypad; and
— involve psychomotor activity with appropriate application of
force and timing of responses
(b) Type II. A flight simulation training device that represents a generic
turbinepowered aeroplane.
(c) Type III. A flight simulation training device that represents a multi-
engined turbine-powered aeroplane certificated for a crew of two
pilots with enhanced daylight visual system and equipped with an
autopilot.
(d) Type IV. Fully equivalent to a Level D flight simulator or to a Level
C flight simulator with an enhanced daylight visual system.
MULTI-CREW PILOT LICENCE – AEROPLANE LEVELS OF COMPETENCY
1. Core flying skills
The level of competency at which the applicant shall have complied with the
requirements for the private pilot licence, including night flight requirements, and, in addition,

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have completed, smoothly and with accuracy, all procedures and manoeuvres related to
upset training and flight with reference solely to instruments. From the outset, all training is
conducted in an integrated multicrew, competency-based and threat and error management
(TEM) environment. Initial training and instructional input levels are high as core skills are
being embedded in the ab initio application. Assessment at this level confirms that control
of the aeroplane is maintained at all times in a manner such that the successful outcome
of a procedure or a manoeuvre is assured.
2. Level 1 (Basic)
The level of competency at which assessment confirms that control of the aeroplane
or situation is maintained at all times and in such a manner that if the successful
outcome of a procedure or manoeuvre is in doubt, corrective action is taken. Performance
in the generic cockpit environment does not yet consistently meet the Standards of
knowledge, operational skills and level of achievement required in the core competencies.
Continual training input is required to meet an acceptable initial operating standard. Specific
performance improvement/ personal development plans will be agreed and the details
recorded. Applicants will be continuously assessed as to their suitability to progress to further
training and assessment in successive phases.
3. Level 2 (Intermediate)
The level of competency at which assessment confirms that control of the aeroplane or
situation is maintained at all times and in such a manner that the successful outcome of a
procedure or manoeuvre is assured. The training received at Level 2 shall be conducted
under the instrument flight rules, but need not be specific to any one type of aeroplane. On
completion of Level 2, the applicant shall demonstrate levels of knowledge and operational
skills that are adequate in the environment and achieves the basic standard in the core
capability. Training support may be required with a specific development plan to maintain
or improve aircraft handling, behavioural performance in leadership or team management.
Improvement and development to attain the Standard is the key performance objective. Any
core competency assessed as less than satisfactory should include supporting evidence
and a remedial plan.
4. Level 3 (Advanced)
The level of competency required to operate and interact as a copilot in a turbinepowered
aeroplane certificated for operation with a minimum crew of at least two pilots, under visual
and instrument conditions. Assessment confirms that control of the aeroplane or situation
is maintained at all times in such a manner that the successful outcome of a procedure or
manoeuvre is assured. The applicant shall consistently demonstrate the knowledge, skills
and attitudes required for the safe operation of an applicable aeroplane type as specified
in the performance criteria.

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FOURTH SCHEDULE
[Regulations 124, 145(1)&(3), 146(1),(2) &(5)]

1.0 KNOWLEDGE AND SKILL REQUIREMENTS FOR


AIRCRAFT MAINTENANCE ENGINEERS LICENSING
1.1 The subjects relevant to the knowledge requirements for all licence Categories specified
in regulation 5(8) are presented in this Schedule in a Modular format.
1.2 The examinations for each Category of licence, and its Sub-Divisions where appropriate,
shall be based on a number of the Modules as indicated in the Module/Category relationship
set out in the table below.
1.3 From the Table it will be noted that the modular arrangements recognise that major areas
of the subjects are common to more than one licence Category or its Sub- Divisions. Thus,
when an existing licence is to be extended to include another Category or Sub-Division,
those Modules that have been satisfied by previous examinations may be excluded.
1.4 Each module is numbered and contains a series of syllabus subject headings. Each
subject is then further expanded in more detail against 'level numbers' corresponding to
Licence Without Type Rating (LWTR) and Type Rating (TR).
1.5 This expansion of detail provides an indication of the degree/level of knowledge,
experience,
(f) competence and skill in aeronautical engineering required by the Regulations.
2.0 MODULARIZATION
Qualification on basic subjects for each PART 66 aircraft maintenance License category
or subcategory should be in accordance with the following matrix. Applicable subjects are
indicated by an 'X':
PART- 66 A or B1 A or B1 B2
Modules aeroplane helicopter with:
with:
Turbine Piston Turbine Piston Avionics
engine(s) engine(s) engine(s) engine(s)
. . .
1 X X X X X
2 X X X X X
3 X X X X X
4 X X X X X
5 X X X X X
6 X X X X X
7 X X X X X
8 X X X X X
9 X X X X X
10 X X X X X
11 X X
12 X X
13 X
14 X
15 X X
16 X X
17 X X
3.0 SKILL TEST REQUIREMENTS
Demonstration of skill shall be conducted in accordance with the published Skill Test
Standards (AME-STS).
4.0

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There are three level numbers and they are defined as follows:
(i) Level 1: General appreciation of principles and familiarizations of the subject.
(ii) Level 2: Comprehension of principles and salient features with a practical
ability to as operational condition.
(iii) Level 3: Detailed knowledge of all aspects of the subject.

FIFTH SCHEDULE
[Regulation 206(2), (3) and (4)]

OFFENCES AND PENALTIES


Reg. No. Title Part
9 Validity of Licences A
10 Decrease in medical fitness A
13 Curtailment of privileges of A
pilots
30(3),(4),(6),(7) General requirements for A
pilot licences , ratings and
authorisations
32(1) Solo flight requirements A
33(2)(3)and(4) Privileges and Limitations B
40(1), PPL: Privileges and A
limitations.
53(3),(4) ATPL: Privileges and A
limitations.
63(2) Type ratings A
66 Night rating: general eligibility A
requirements.
70(1) Instrument rating: general A
eligibility requirements.
80 Trainee Records A
83(2)(3),(4),(5)(6) Flight instructor: limitations A
and qualifications.
88 Flight engineer: licences and A
ratings required.
96(1) ATC: Required licences and A
ratings or qualifications.
101(1) ATC: Privileges and A
limitations.
102(3) Privileges of ATC ratings. A
104 ATC: Maximum working A
hours.
105 Responsibilities over fatigue A
106(1),(3) Prohibition of unlicensed air A
traffic controllers.
124(4) ARS: Privileges and A
limitations.
125 ARS: Display of A
authorisation.
126 ARS: Surrender of A
authorisation.
131 CCMC; Required certificate, A
ratings and qualifications.
132(1) General eligibility A
requirements.

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141 Aviation medical examiner A


submission of signed medical
evaluation report.
142(1) Issue of medical certificate. A
144(1) Medical confidentiality. A
148 Prohibition of medical A
certification.
149 Medical requirements. A
159(1) Ear and related structures. A
161(1),(3) Cardiovascular: general. A
162 Blood pressure and A
circulation.
164 Neurological requirements. A
165(1) Respiratory capability. A
167(1) Vestibular apparatus A
168 Bones, muscles and tendons.A
169 Endocrine system A
170 Diabetic applicant. A
171 Gastrointestinal and digestive A
tract.
172(1),(3) Kidneys and urinary tract. A
183 Use of psychoactive B
substances.
184(2),(3) Drug and alcohol testing and B
reporting.
185 Inspection of licences, A
certificates and
authorisations.
190(1),(2),(4),(5) Use and retention of A
documents and records.
191 Report of violation A
192 Enforcement of directions. B

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1.8.4 AIR-AIR TRANSACTION PROTOCOL


Note.— Interrogation-reply coordination for the air-air formats follows the protocol outlined
in Table 17 in the First Schedule (1.4.1.3.2.2).
The most significant bit (bit 14) of the RI field of an air-air reply shall replicate the value of
the AQ field (bit 14) received in an interrogation with UF equals 0.
If AQ equals 0 in the interrogation, the RI field of the reply shall contain the value 0.
If AQ equals 1 in the interrogation, the RI field of the reply shall contain the maximum cruising
true airspeed capability of the aircraft as defined in 1.8.2.2.
In response to a UF = 0 with RL = 1 and DS ≠ 0, the transponder shall reply with a DF = 16
reply in which the MV field shall contain the contents of the GICB register designated by the
DS value. In response to a UF = 0 with RL = 1 and DS = 0, the transponder shall reply with a
DF = 16 with an MV field of all zeros. Receipt of a UF = 0 with DS ≠ 0 but RL = 0 shall have no
associated ACAS cross-link action, and the transponder shall reply as specified in 1.8.2.2.
1.8.5 ACQUISITION SQUITTER
Note.— SSR Mode S transponders transmit acquisition squitters (unsolicited downlink
transmissions) to permit passive acquisition by interrogators with broad antenna beams,
where active acquisition may be hindered by all-call synchronous garble. Examples of such
interrogators are an airborne collision avoidance system and an airport surface surveillance
system.
1.8.5.1 Acquisition squitter format. The format used for acquisition squitter transmissions
shall be the all-call reply, (DF = 11) with II = 0.
1.8.5.2 Acquisition squitter rate. Acquisition squitter transmissions shall be emitted at
random intervals that are uniformly distributed over the range from 0.8 to 1.2 seconds using
a time quantization of no greater than 15 milliseconds relative to the previous acquisition
squitter, with the following exceptions;
a) the scheduled acquisition squitter shall be delayed if the transponder is in a
transaction cycle (1.4.1);
b) the acquisition squitter shall be delayed if an extended squitter is in process;
c) the scheduled acquisition squitter shall be delayed if a mutual suppression interface
is active (see Note 1 below); or
d) acquisition squitters shall only be transmitted on the surface if the transponder is
not reporting the surface position type of Mode S extended squitter. An acquisition
squitter shall not be interrupted by link transactions or mutual suppression activity
after the squitter transmission has begun.
Note 1.— A mutual suppression system may be used to connect onboard equipment
operating in the same frequency band in order to prevent mutual interference. Acquisition
squitter action resumes as soon as practical after a mutual suppression interval.
Note 2.— The surface report type may be selected automatically by the aircraft or by
commands from a squitter ground station (1.8.6.7).
1.8.5.3 Acquisition squitter antenna selection. Transponders operating with antenna
diversity (1.10.4) shall transmit acquisition squitters as follows:–
a) when airborne (1.8.6.7), the transponder shall transmit acquisition squitters
alternately from the two antennas; and
b) when on the surface (1.8.6.7), the transponder shall transmit acquisition squitters
under control of SAS (1.6.1.4.1 f)). In the absence of any SAS commands, use of
the top antenna only shall be the default.
Note.— Acquisition squitters are not emitted on the surface if the transponder is reporting
the surface type of extended squitter (1.8.6.4.3).

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1.8.6 EXTENDED SQUITTER, DOWNLINK FORMAT 17


1 6 9 33 89
DF CA AA ME PI
5 8 32 88 112
Note.— SSR Mode S transponders transmit extended squitters to support the broadcast of
aircraft derived position for surveillance purposes. The broadcast of this type of information
is a form of automatic dependent surveillance (ADS) known as ADSbroadcast (ADS-B).
1.8.6.1 Extended squitter format. The format used for the extended squitter shall be a 112-
bit downlink format
(DF = 17) containing the following fields:
Field Reference
.
DF downlink format 1.3.2.1.2
CA capability 1.5.2.2.1
AA address, announced 1.5.2.2.2
ME message, extended squitter 1.8.6.2
P1 parity/Interrogator identifier 1.3.2.1.4
1.8.6.2 ME: Message, extended squitter. This 56-bit (33-88) downlink field in DF = 17 shall
be used to transmit broadcast messages. Extended squitter shall be supported by registers
05, 06, 07, 08, 09, 0A {HEX} and 61-6F {HEX} and shall conform to either version 0 or
version 1 message formats as described below;
a) Version 0 ES message formats and related requirements are suitable for early
implementation of extended squitter applications. Surveillance quality is reported
by navigation uncertainty category (NUC), which can be an indication of either the
accuracy or integrity of the navigation data used by ADSB. However, there is no
indication as to which of these, integrity or accuracy, the NUC value is providing an
indication of;
b) Version 1 ES message formats and related requirements apply to more advanced
ADS-B applications. Surveillance accuracy and integrity are reported separately
as navigation accuracy category (NAC), navigation integrity category (NIC) and
surveillance integrity level (SIL). Version 1 ES formats also include provisions for
enhanced reporting of status information.
Note 1.— The formats and update rates of each register are specified in the Technical
Provisions for Mode S Services and Extended Squitter (ICAO Doc 9871).
Note 2.— The formats for the two versions are interoperable. An extended squitter receiver
can recognize and decode both version 0 and version 1 message formats.
Note 3.— Guidance material on transponder register formats and data sources is included
in the Technical Provisions for Mode S Services and Extended Squitter (ICAO Doc 9871).
1.8.6.3 Extended squitter types
1.8.6.3.1 Airborne position squitter. The airborne position extended squitter type shall use
format DF = 17 with the contents of GICB register 05 {HEX} inserted in the ME field.
Note.— A GICB request (1.6.11.2) containing RR equals 16 and DI equals 7 and RRS equals
5 will cause the resulting reply to contain the airborne position report in its MB field.
1.8.6.3.1.1 SSS, surveillance status subfield in ME. The transponder shall report the
surveillance status of the transponder in this 2-bit (38, 39) subfield of ME when ME contains
an airborne position squitter report.
Coding
0 signifies no status information
1 signifies transponder reporting permanent alert condition
2 signifies transponder reporting a temporary alert condition

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3 signifies transponder reporting SPI condition Codes 1 and 2 shall take precedence
over code 3.
1.8.6.3.1.2 ACS, altitude code subfield in ME. Under control of ATS (1.8.6.3.1.3), the
transponder shall report either navigation-derived altitude, or the barometric altitude code
in this 12-bit (41-52) subfield of ME when ME contains an airborne position report. When
barometric altitude is reported, the contents of the ACS shall be as specified for the 13-bit
AC field (1.6.5.4) except that the M-bit (bit 26) shall be omitted.
1.8.6.3.1.3 Control of ACS reporting. Transponder reporting of altitude data in ACS shall
depend on the altitude type subfield (ATS) as specified in 1.8.6.8.2. Transponder insertion of
barometric altitude data in the ACS subfield shall take place when the ATS subfield has the
value of ZERO. Transponder insertion of barometric altitude data in ACS shall be inhibited
when ATS has the value 1.
1.8.6.3.2 Surface position squitter. The surface position extended squitter type shall use
format DF = 17 with the contents of GICB register 06 {HEX} inserted in the ME field.
Note.— A GICB request containing RR equals 16 and DI equals 7 and RRS equals 6 will
cause the resulting reply to contain the surface position report in its MB field.
1.8.6.3.3 Aircraft identification squitter. The aircraft identification extended squitter type shall
use format DF = 17 with the contents of GICB register 08 {HEX} inserted in the ME field
Note.— A GICB request containing RR equals 16 and DI equals 7 and RRS equals 8 will
cause the resulting reply to contain the aircraft identification report in its MB field.
1.8.6.3.4 Airborne velocity squitter. The airborne velocity extended squitter type shall use
format DF = 17 with the contents of GICB register 09 {HEX} inserted in the ME field.
Note.— A GICB request containing RR equals 16 and DI equals 7 and RRS equals 9 will
cause the resulting reply to contain the airborne velocity report in its MB field.
1.8.6.3.5 Periodic status and event-driven squitters
1.8.6.3.5.1 Periodic status squitter. The periodic status extended squitter types shall use
format DF = 17 to convey aircraft status and other surveillance data. The aircraft operational
status extended squitter type shall use the contents of GICB register 65 {HEX} inserted in
the ME field. The target state and status extended squitter type shall use the contents of
GICB register 62 {HEX} inserted in the ME field.
Note 1.— A GICB request (1.6.11.2) containing RR equals 22 and DI equals 3 or 7 and RRS
equals 5 will cause the resulting reply to contain the aircraft operational status message in
its MB field.
Note 2.— A GICB request (1.6.11.2) containing RR equals 22 and DI equals 3 or 7 and RRS
equals 2 will cause the resulting reply to contain the target state and status information in
its MB field.
1.8.6.3.5.2 Event-driven squitter. The event-driven extended squitter type shall use format
DF = 17 with the contents of GICB register OA {HEX} inserted in the ME field.
Note.— A GICB request (1.6.11.2) containing RR equals 16 and DI equals 3 or 7 and RRS
equals 10 will cause the resulting reply to contain the event-driven message in its MB field.
1.8.6.4 Extended squitter rate
1.8.6.4.1 Initialization. At power up initialization, the transponder shall commence operation
in a mode in which it broadcasts only acquisition squitters (1.8.5). The transponder shall
initiate the broadcast of extended squitters for airborne position, surface position, airborne
velocity and aircraft identification when data are inserted into transponder registers 05, 06,
09 and 08 {HEX}, respectively. This determination shall be made individually for each squitter
type. When extended squitters are broadcast, transmission rates shall be as indicated in the
following paragraphs. Acquisition squitters shall be reported in addition to extended squitters
unless the acquisition squitter is inhibited. Acquisition squitters shall always be reported if
position or velocity extended squitters are not reported.
Note 1.— This suppresses the transmission of extended squitters from aircraft that are
unable to report position, velocity or identity. If input to the register for a squitter type stops for

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60 seconds, broadcast of that extended squitter type will be discontinued until data insertion
is resumed.
Note 2.— After timeout (1.8.6.6), this squitter type may contain an ME field of all zeroes.
1.8.6.4.2 Airborne position squitter rate. Airborne position squitter transmissions shall
be emitted when the aircraft is airborne (1.8.6.7) at random intervals that are uniformly
distributed over the range from 0.4 to 0.6 seconds using a time quantization of no greater
than 15 milliseconds relative to the previous airborne position squitter, with the exceptions
as specified in 1.8.6.4.7
1.8.6.4.3 Surface position squitter rate. Surface position squitter transmissions shall be
emitted when the aircraft is on the surface (1.8.6.7) using one of two rates depending upon
whether the high or low squitter rate has been selected (1.8.6.9). When the high squitter
rate has been selected, surface position squitters shall be emitted at random intervals that
are uniformly distributed over the range from 0.4 to 0.6 seconds using a time quantization
of no greater than 15 milliseconds relative to the previous surface position squitter (termed
the high rate). When the low squitter rate has been selected, surface position squitters shall
be emitted at random intervals that are uniformly distributed over the range of 4.8 to 5.2
seconds using a time quantization of no greater than 15 milliseconds relative to the previous
surface position squitter (termed the low rate). Exceptions to these transmission rates are
specified in 1.8.6.4.7.
1.8.6.4.4 Aircraft identification squitter rate. Aircraft identification squitter transmissions shall
be emitted at random intervals that are uniformly distributed over the range of 4.8 to 5.2
seconds using a time quantization of no greater than 15 milliseconds relative to the previous
identification squitter when the aircraft is reporting the airborne position squitter type, or
when the aircraft is reporting the surface position squitter type and the high surface squitter
rate has been selected. When the surface position squitter type is being reported at the
low surface rate, the aircraft identification squitter shall be emitted at random intervals that
are uniformly distributed over the range of 9.8 to 10.2 seconds using a time quantization of
no greater than 15 milliseconds relative to the previous identification squitter. Exceptions to
these transmission rates are specified in 1.8.6.4.7
1.8.6.4.5 Airborne velocity squitter rate. Airborne velocity squitter transmissions shall be
emitted when the aircraft is airborne (1.8.6.7) at random intervals that are uniformly
distributed over the range from 0.4 to 0.6 seconds using a time quantization of no greater
than 15 milliseconds relative to the previous airborne velocity squitter, with the exceptions
as specified in 1.8.6.4.7.
1.8.6.4.6 Periodic status and event-driven squitter rates
1.8.6.4.6.1 Periodic status squitter rates. The periodic status squitter types supported by a
Mode S extended squitter transmitting system class, as specified in regulation 88(4), shall be
periodically emitted at defined intervals depending on the on-the-ground status and whether
their content has changed.
Note.— The aircraft operational status extended squitter type and the target state and status
extended squitter type rates are specified in the Technical Provisions for Mode S Services
and Extended Squitter (Doc 9871).
1.8.6.4.6.2 Event-driven squitter rate. The event-driven squitter shall be transmitted once,
each time that GICB register OA {HEX} is loaded, while observing the delay conditions
specified in 1.8.6.4.7. The maximum transmission rate for the event-driven squitter shall be
limited by the transponder to twice per second. If a message is inserted in the event-driven
register and cannot be transmitted due to rate limiting, it shall be held and transmitted when
the rate limiting condition has cleared. If a new message is received before transmission is
permitted, it shall overwrite the earlier message.
Note.— The squitter transmission rate and the duration of squitter transmissions is
application dependent. Choices made for each application must take into account
interference considerations as shown in the Aeronautical Surveillance Manual (Doc 9924).
1.8.6.4.7 Delayed transmission. Extended squitter transmission shall be delayed in the
following circumstances:

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a) if the transponder is in a transaction cycle (1.4.1);


b) if an acquisition or another type of extended squitter is in process; or
c) if a mutual suppression interface is active.
The delayed squitter shall be transmitted as soon as the transponder becomes available.
1.8.6.5 Extended squitter antenna selection. Transponders operating with antenna diversity
(1.10.4) shall transmit extended squitters as follows:
a) when airborne (1.8.6.7), the transponder shall transmit each type of extended squitter
alternately from the two antennas; and
b) when on the surface (1.8.6.7), the transponder shall transmit extended squitters
under control of SAS (1.6.1.4.1 f
In the absence of any SAS commands, use of the top antenna only shall be the default
condition.
1.8.6.6 Register time-out. The transponder shall clear all 56-bits of the airborne position,
surface position, squitter status and airborne velocity information transponder registers 05,
06, 07 and 09 {HEX} if these registers are not updated within two seconds of the previous
update. This time-out shall be determined separately for each of these registers.
Note 1.— Termination of extended squitter broadcast is specified in the Technical Provisions
for Mode S Services and Extended Squitter (Doc 9871).
Note 2.—These registers are cleared to prevent the reporting of outdated position, velocity
and squitter rate information.
1.8.6.7 Airborne/surface state determination. Aircraft with an automatic means of
determining on-the ground conditions shall use this input to select whether to report the
airborne or surface message types. Aircraft without such means shall report the airborne
type messages, except as specified in Table 1-9 in the First Schedule. Use of this table
shall only be applicable to aircraft that are equipped to provide data for radio altitude AND,
as a minimum, airspeed OR ground speed. Otherwise, aircraft in the specified categories
that are only equipped to provide data for airspeed and ground speed shall broadcast the
surface format if;
airspeed< 50 knots AND ground speed < 50 knots
Aircraft with or without such automatic on-the-ground determination shall set and report the
on-the ground status (and therefore broadcast the surface type format) as commanded by
control codes in TCS (1.6.1.4.1 f)). After time-out of the TCS commands, control of airborne/
surface determination shall revert to the means described above.
Note.— Extended squitter ground stations determine aircraft airborne or on-the-ground
status by monitoring aircraft position, altitude and ground speed. Aircraft determined to be
on the ground that are not reporting the on-the-ground status will be commanded to set and
report the on-the-ground status via TCS (1.6.1.4.1 f).The normal return to aircraft control of
the vertical status is via a ground command to cancel the on-the ground status. To guard
against loss of communications after take-off, commands to set and report the on-the-ground
status automatically time-out.
1.8.6.8 Squitter status reporting. A GICB request (1.6.11.2) containing RR equals 16 and
DI equals 7 and RRS equals 7 shall cause the resulting reply to contain the squitter status
report in its MB field.
1.8.6.8.1 TRS, transmission rate subfield in MB. The transponder shall report the capability
of the aircraft to automatically determine its surface squitter rate and its current squitter rate
in this 2-bit (33, 34) subfield of MB.
Coding
0 signifies no capability to automatically determine surface squitter rate
1 signifies that the high surface squitter rate has been selected
2 signifies that the low surface squitter rate has been selected
3 unassigned

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Note 1.— High and low squitter rate is determined on board the aircraft.
Note 2.— The low rate is used when the aircraft is stationary and the high rate is used when
the aircraft is moving. For details of how "moving" is determined, see the data format of
register 0716 in the Technical Provisions for Mode S Services and Extended Squitter (Doc
9871).
1.8.6.6.2 ATS, altitude type subfield in MB. The transponder shall report the type of altitude
being provided in the airborne position extended squitter in this 1-bit (35) subfield of MB
when the reply contains the contents of transponder register 07 {HEX}.
Coding
0 signifies that barometric altitude shall be reported in the ACS (1.8.6.3.1.2) of
transponder register 05 {HEX}.
1 signifies that navigation-derived altitude shall be reported in the ACS(1.8.6.3.1.2) of
transponder register 05 {HEX}.
Note.— Details of the contents of transponder registers 05 {HEX} and 07 {HEX) are shown
in the Technical Provisions for Mode S Services and Extended Squitter (ICAO Doc 9871).
1.8.6.9 Surface squitter rate control. Surface squitter rate shall be determined as follows:
a) once per second the contents of the TRS shall be read. If the value of TRS is 0 or 1,
the transponder shall transmit surface squitters at the high rate. If the value of TRS
is 2, the transponder shall transmit surface squitters at the low rate;
b) the squitter rate determined via TRS shall be subject to being overridden by
commands received via RCS (1.6.1.4.1 f)). RCS code 1 shall cause the transponder
to squitter at the high rate for 60 seconds. RCS code 2 shall cause the transponder to
squitter at the low rate for 60 seconds. These commands shall be able to be refreshed
for a new 60 second period before time-out of the prior period; and
c) after time-out and in the absence of RCS codes 1 and 2, control shall return to TRS.
1.8.6.10 Latitude/longitude coding using compact position reporting (CPR). Mode S
extended squitter shall use compact position reporting (CPR) to encode latitude and
longitude efficiently into messages.
Note.— The method used to encode/decode CPR is specified in the Technical Provisions
for Mode S Services and Extended Squitter (ICAO Doc 9871).
1.8.6.11 Data insertion. When the transponder determines that it is time to emit an airborne
position squitter, it shall insert the current value of the barometric altitude (unless inhibited
by the ATS subfield, 1.8.6.8.2) and surveillance status into the appropriate fields of register
05 {HEX}. The contents of this register shall then be inserted into the ME field of DF = 17
and transmitted.
Note.— Insertion in this manner ensures that (1) the squitter contains the latest altitude and
surveillance status, and (2) ground read-out of register 05 {HEX} will yield exactly the same
information as the AC field of a Mode S surveillance reply.

1.8.7 EXTENDED SQUITTER/SUPPLEMENTARY, DOWNLINK FORMAT 18


10010 CF:3 . PI:24
.
Note 1.— This format supports the broadcast of extended squitter ADS-B messages by non-
transponder devices, i.e. they are not incorporated into a Mode S transponder. A separate
format is used to clearly identify this non-transponder case to prevent ACAS II or extended
squitter ground stations from attempting to interrogate these devices.
Note 2.— This format is also used for ground broadcast of ADS-B related services such as
traffic information broadcast (TIS-B).
Note 3.— The format of the DF = 18 transmission is defined by the value of the CF field.
1.8.7.1 ES supplementary format. The format used for ES supplementary shall be a 112- bit
downlink format (DF = 18) containing the following fields:

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Field Reference
.
DF downlink format 1.3.2.1.2
CF control field 1.8.7.2
P1 parity/Interrogator identifier 1.3.2.1.4
1.8.7.2 Control field. This 3-bit (6-8) downlink field in DF = 18 shall be used to define the
format of the 112-bit transmission as follows:
Code 0 = ADS-B ES/NT devices that report the ICAO 24-bit address in the AA field (1.8.7)
Code 1 = Reserved for ADS-B for ES/NT devices that use other addressing techniques in
the AA field (1.8.7.3)
Code 2 = Fine format TIS-B message
Code 3 = Coarse format TIS-B message
Code 4 = Reserved for TIS-B management messages
Code 5 = TIS-B messages that relay ADS-B messages that use other addressing techniques
in the AA field
Code 6 = ADS-B rebroadcast using the same type codes and message formats as defined
for DF = 17 ADS-B messages
Code 7 = Reserved
Note 1.— Administrations may wish to make address assignments for ES/NT devices in
addition to the 24-bit addresses allocated by ICAO (Annex 10, Volume III, Part I, Chapter 9)
in order to increase the available number of 24-bit addresses.
Note 2.— These non-ICAO 24-bit addresses are not intended for international use.
1.8.7.3 ADS-B for extended squitter/non-transponder (ES/NT) devices
10010 CF=0 AA:24 ME:56 PI:24
.
1.8.7.3.1 ES/NT format. The format used for ES/NT shall be a 112-bit downlink format (DF
= 18) containing the following fields;
Field Reference
.
DF downlink format 1.3.2.1.2
CF control field=0 1.8.7.2
AA address, announced 1.5.2.2.2
ME message, extended squitter 1.8.6.2
PI parity/interrogator identifier 1.3.2.1.4
1.8.7.3.2 ES/NT squitter types
1.8.7.3.2.1 Airborne position squitter. The airborne position type ES/NT shall use format DF
= 18 with the format for register 05 {HEX} as defined in 1.8.6.2 inserted in the ME field.
1.8.7.3.2.2 Surface position squitter. The surface position type ES/NT shall use format DF
= 18 with the format for register 06 {HEX} as defined in 1.8.6.2 inserted in the ME field.
1.8.7.3.2.3 Aircraft identification squitter. The aircraft identification type ES/NT shall use
format DF = 18 with the format for register 08 {HEX} as defined in 1.8.6.2 inserted in the
ME field.
1.8.7.3.2.4 Airborne velocity squitter. The airborne velocity type ES/NT shall use format DF
= 18 with the format for register 09 {HEX} as defined in 1.8.6.2 inserted in the ME field.
1.8.7.3.2.5 Periodic status and event-driven squitters.
1.8.7.3.2.5.1 Periodic status squitters. The periodic status extended squitter types shall use
format DF = 18 to convey aircraft status and other surveillance data. The aircraft operational
status extended squitter type shall use the format of GICB register 65 {HEX} as defined in

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1.8.6.4.6.1 inserted in the ME field. The target state and status extended squitter type shall
use the format of GICB register 62 {HEX} as defined in 1.8.6.4.6.1 inserted in the ME field.
1.8.7.3.2.5.2 Event-driven squitter. The event-driven type ES/NT shall use format DF = 18
with the format for register 0A {HEX} as defined in 1.8.6.2 inserted in the ME field.
1.8.7.3.3 ES/NT squitter rate
1.8.7.3.3.1 Initialization. At power up initialization, the non-transponder device shall
commence operation in a mode in which it does not broadcast any squitters. The
nontransponder device shall initiate the broadcast of ES/NT squitters for airborne position,
surface position, airborne velocity and aircraft identification when data are available for
inclusion in the ME field of these squitter types. This determination shall be made individually
for each squitter type. When ES/NT squitters are broadcast, transmission rates shall be as
indicated in 1.8.6.4.2 to 1.8.6.4.6.
Note 1.— This suppresses the transmission of extended squitters from aircraft that are
unable to report position, velocity or identity. If input to the register for squitter types stops for
60 seconds, broadcast for this extended squitter type will cease until data insertion resumes,
except for an ES/NT device operating on the surface (as specified for extended squitter
Version 1 formats in the Technical Provisions for Mode S Services and Extended Squitter
(Doc 9871).
Note 2.— After timeout (1.8.7.6) this squitter type may contain an ME field of all zeros.
1.8.7.3.3.2 Delayed transmission. ES/NT squitter transmission shall be delayed if the non-
transponder device is busy broadcasting one of the other squitter types.
1.8.7.3.3.2.1 The delayed squitter shall be transmitted as soon as the non-transponder
device becomes available.
1.8.7.3.3.3 ES/NT antenna selection. Non-transponder devices operating with antenna
diversity (1.10.4) shall transmit ES/NT squitters as follows;
a) when airborne (1.8.6.7), the non-transponder device shall transmit each type of ES/
NT squitter alternately from the two antennas; and
b) when on the surface (1.8.6.7), the non-transponder device shall transmit ES/NT
squitters using the top antenna.
1.8.7.3.3.4 Register timeout. The non-transponder device shall clear all 56-bits of the
airborne position, surface position and velocity registers used for these messages if these
registers are not updated within two seconds of the previous update. This timeout shall be
determined separately for each of these registers.
Note 1.— The termination of an extended squitter broadcast is specified in the Technical
Provisions for Mode S Services and Extended Squitter (ICAO Doc 9871).
Note 2.— These registers are cleared to prevent the reporting of outdated position and
velocity information.
1.8.7.3.3.5 Airborne/surface state determination. Aircraft with an automatic means of
determining the on-the-ground state shall use this input to select whether to report the
airborne or surface message types except as specified in 1.6.10.3.1 and 1.8.6.7. Aircraft
without such means shall report the airborne type message, except as specified in 1.8.6.7
1.8.7.3.3.6 Surface squitter rate control. Aircraft motion shall be determined once per
second. The surface squitter rate shall be set according to the results of this determination.
Note.— The algorithm to determine aircraft motion is specified in the definition of register
0716 in the Technical Provisions for Mode S Services and Extended Squitter (ICAO Doc
9871).
1.8.7.4 Use of ES by other surveillance systems.
1.8.7.4.1 Surface system control
When a surface surveillance system uses DF=18 as part of a surveillance function, it should
not use the formats that have been allocated for the purpose of surveillance of aircraft,
vehicles and/or obstacles

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Note 1.— The formats allocated for the purpose of surveillance of aircraft, vehicles and/
or obstacles are specified in the Technical Provisions for Mode S Services and Extended
Squitter ICAO Doc 9871).
Note 2.— The transmission of any message format used for conveying position, velocity,
identification, state information, etc., may result in the initiation and maintenance of false
tracks in other 1090ES receivers. The use of these messages for this purpose may be
prohibited in the future.
1.8.7.4.2 Surface system status-The surface system status message type (Type Code=24)
should be the only message used to provide the status or synchronization of surface
surveillance systems.
Note.— The surface system status message is specified in the Technical Provisions for
Mode S Services and Extended Squitter (ICAO Doc 9871). This message will be used only
by the surface surveillance system that generated it and will be ignored by other surface
systems.
1.8.8 EXTENDED SQUITTER MILITARY APPLICATION, DOWNLINK FORMAT 19
10011 AF:3
.
Note.— This format supports the broadcast of extended squitter ADS-B messages in support
of military applications. A separate format is used to distinguish these extended squitters
from the standard ADS-B message set broadcast using DF = 17 or 18.
1.8.8.1 Military format. The format used for DF = 19 shall be a 112-bit downlink format
containing the following fields:
Field Reference
.
DF downlink format 1.3.2.1.2
AF Controfield 1.8.8.2
1.8.8.2 Application field. This 3-bit (6-8) downlink field in DF = 19 shall be used to define
the format of the 112-bit transmission.
Code 0 to 7 = Reserved
1.8.9 EXTENDED SQUITTER MAXIMUM TRANSMISSION RATE
1.8.9.1 The maximum total number of extended squitters (DF = 17, 18 and 19) emitted by
any extended squitter installation shall not exceed 6.2 per second, except as specified in
1.8.9.2.
1.8.9.2 For installations capable of emitting DF = 19 squitters and in accordance with 1.8.8,
transmission rates for lower power DF = 19 squitters shall be limited to a peak of forty DF =
19 squitters per second, and thirty DF = 19 squitters per second averaged over 10 seconds,
provided that the maximum total squitter power-rate product for the sum of full power DF
= 17 squitters, full power DF = 18 squitters, full power DF = 19 squitters, and lower power
DF = 19 squitters, is maintained at or below a level equivalent to the power sum of 6.2 full
power squitters per second averaged over 10 seconds.
1.8.9.3 States shall ensure that the use of low power and higher rate DF = 19 operation (as
per 1.8.9.2) is compliant with the following requirements:
a) it is limited to formation or element lead aircraft engaged in formation flight, directing
the messages toward wing and other lead aircraft through a directional antenna with
a beam-width of no more than 90 degrees; and
b) the type of information contained in the DF = 19 message is limited to the same type
of information in the DF = 17 message, that is, information for the sole purpose of
safety-of-flight.
Note.— This low-power, higher squitter rate capability is intended for limited use by State
aircraft in coordination with appropriate regulatory bodies.

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1.8.9.4 All UF = 19 airborne interrogations shall be included in the interference control


provisions of 1.2.2.2.

1.9 AIRCRAFT IDENTIFICATION PROTOCOL


1.9.1 Aircraft identification reporting. A ground-initiated Comm-B request (1.6.11.2)
containing RR equals 18 and either DI does not equal 7 or DI equals 7 and RRS equals 0
shall cause the resulting reply to contain the aircraft identification in its MB field.
1.9.1.1 AIS, aircraft identification subfield in MB. The transponder shall report the aircraft
identification in the 48-bit (41-88) AIS subfield of MB. The aircraft identification transmitted
shall be that employed in the flight plan. When no flight plan is available, the registration
marking of the aircraft shall be inserted in this subfield.
Note.— When the registration marking of the aircraft is used, it is classified as 'fixed direct
data". When another type of aircraft identification is used, it is classified as "variable direct
data".
1.9.1.2 Coding of the AIS subfield. The AIS subfield shall be coded as follows:
33 41 47 53 59 65 71 77 83
BDS Char 1 Char 2 Char3 Char 4 Char 5 Char 6 Char 7 Char 8
40 46 52 58 64 70 76 82 88
Note.— Aircraft identification coding provides up to eight characters
The BDS code for the aircraft identification message shall be BDS1 equals 2 (33-36) and
BDS2 equals 0 (37-40). Each character shall be coded as a 6-bit subset of the International
Alphabet Number 5 (IA-5) as illustrated in Table 3-8. The character code shall be transmitted
with the high order unit (b6) first and the reported aircraft identification shall be transmitted
with its left-most character first. Characters shall be coded consecutively without intervening
SPACE code. Any unused character spaces at the end of the subfield shall contain a SPACE
character code.
1.9.1.3 Aircraft identification capability report. Transponders which respond to a ground-
initiated request for aircraft identification shall report this capability in the data link capability
report (.6.10.2.2.2) by setting bit 33 of the MB subfield to 1.
1.9.1 4 Change of aircraft identification. If the aircraft identification reported in the AIS
subfield is changed in flight, the transponder shall report the new identification to the
ground by use of the CommB broadcast message protocol of 1.6.11.4 for BDS1 = 2 (33
- 36) and BDS2 = 0 (37 - 40). The transponder shall initiate, generate and announce the
revised aircraft identification even if the interface providing flight identification is lost. The
transponder shall ensure that the BDS code is set for the aircraft identification report in all
cases, including a loss of the interface. In this latter case, bits 41 - 88 shall contain all ZEROs.
Note.— The setting of the BDS code by the transponder ensures that a broadcast change
of aircraft identification will contain the BDS code for all cases of flight identification failure
(e.g. the loss of the interface providing flight identification).

1.10 ESSENTIAL SYSTEM CHARACTERISTICS OF THE SSR MODE S TRANSPONDER


1.10.1 Transponder sensitivity and dynamic range. Transponder sensitivity shall be defined
in terms of a given interrogation signal input level and a given percentage of corresponding
replies. Only correct replies containing the required bit pattern for the interrogation received
shall be counted. Given an interrogation that requires a reply according to 1.4, the minimum
triggering level, MTL, shall be defined as the minimum input power level for 90 per cent reply-
to-interrogation ratio. The MTL shall be –74 dBm ±3 dB. The reply-to-interrogation ratio of
a Mode S transponder shall be;
a) at least 99 per cent for signal input levels between 3 dB above MTL and –21 dBm; and
b) no more than 10 per cent at signal input levels below –81 dBm.

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Note.— Transponder sensitivity and output power are described in this section in terms of
signal level at the terminals of the antenna. This gives the designer freedom to arrange the
installation, optimizing cable length and receiver-transmitter design, and does not exclude
receiver and/or transmitter components from becoming an integral part of the antenna
subassembly.
1.10.1.1 Reply ratio in the presence of interference
Note.– The following paragraphs present measures of the performance of the Mode S
transponder in the presence of interfering Mode A/C interrogation pulses and low-level in-
band CW interference.
1.10.1.1.1 Reply ratio in the presence of an interfering pulse. Given a Mode S interrogation
which requires a reply (1.4), the reply ratio of a transponder shall be at least 95 per cent
in the presence of an interfering Mode A/C interrogation pulse if the level of the interfering
pulse is 6 dB or more below the signal level for Mode S input signal levels between –68 dBm
and –21 dBm and the interfering pulse overlaps the P6 pulse of the Mode S interrogation
anywhere after the sync phase reversal. Under the same conditions, the reply ratio shall be
at least 50 per cent if the interference pulse level is 3 dB or more below the signal level.
1.10.1.1.2 Reply ratio in the presence of pulse pair interference. Given an interrogation which
requires a reply (1.4), the reply ratio of a transponder shall be at least 90 per cent in the
presence of an interfering PI – P2 pulse pair if the level of the interfering pulse pair is 9 dB
or more below signal level for input signal levels between –68 dBm and –21 dBm and the
P1 pulse of the interfering pair occurs no earlier than the P1 pulse of the Mode S signal.
1.10.1.1.3 Reply ratio in the presence of low level asynchronous interference. For all
received signals between –65 dBm and –21 dBm and given a Mode S interrogation that
requires a reply according to 1.4 and if no lockout condition is in effect, the transponder
shall reply correctly with at least 95 per cent reply ratio in the presence of asynchronous
interference. Asynchronous interference shall be taken to be a single Mode A/C interrogation
pulse occurring at all repetition rates up to 10 000 Hz at a level 12 dB or more below the
level of the Mode S signal.
Note.— Such pulses may combine with the P1 and P2 pulses of the Mode S interrogation to
form a valid Mode A/C-only all-call interrogation. The Mode S transponder does not respond
to Mode A/C-only allcall interrogations. A preceding pulse may also combine with the P2
of the Mode S interrogation to form a valid Mode A or Mode C interrogation. However, the
PI –P2 pair of the Mode S preamble takes precedence. The Mode S decoding process
is independent of the Mode A/Mode C decoding process and the Mode S interrogation is
accepted.
1.10.1.1.4 Reply ratio in the presence of low-level in-band CW interference. In the presence
of noncoherent CW interference at a frequency of 1 030 ±0.2 MHz at signal levels of 20 dB
or more below the desired Mode A/C or Mode S interrogation signal level, the transponder
shall reply correctly to at least 90 per cent of the interrogations.
1.10.1.1.5 Spurious response
1.10.1.1.5.1 The response to signals not within the receiver pass band shall be at least 60
dB below normal sensitivity.
1.10.1.1.5.2 For equipment certified after 1 January 2011, the spurious Mode A/C reply ratio
generated by low level Mode S interrogations shall be no more than:
a) an average of 1 per cent in the input interrogation signal range between –81 dBm
and the Mode S
MTL; and
b) a maximum of 3 per cent at any given level in the input interrogation signal range
between –81 dBm
and the Mode S MTL.
Note 1.— Failure to detect a low level Mode S interrogation can also result in the transponder
decoding a three pulse Mode A/C/S all-call interrogation. This would result in the transponder

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responding with a Mode S all-call (DF = 11) reply. The above requirement will also control
these DF = 11 replies since it places a limit on the probability of failing to correctly detect
the Mode S interrogation.
Note 2.— More information about issuing a type certificate for aircraft and separate design
approval can be found in the Airworthiness Manual (Doc 9760).
1.10.2 Transponder peak pulse power. The peak power of each pulse of a reply shall;
a) not be less than 18.5 dBW for aircraft not capable of operating at altitudes exceeding
4 570 m (15 000 ft);
b) not be less than 21.0 dBW for aircraft capable of operating above 4 570 m (15 000 ft)
c) not be less than 21.0 dBW for aircraft with maximum cruising speed exceeding 324
km/h (175 kt); and
d) not exceed 27.0 dBW.
1.10.2.1 Inactive state transponder output power. When the transponder is in the inactive
state the peak pulse power at 1 090 MHz plus or minus 3 MHz shall not exceed –50 dBm.
The inactive state is defined to include the entire period between transmissions less 10-
microseconds transition periods preceding the first pulse and following the last pulse of the
transmission.
Note.— Inactive state transponder power is constrained in this way to ensure that an aircraft,
when located as near as 185 m (0.1 NM) to a Mode A/C or Mode S interrogator, does not
cause interference to that installation. In certain applications of Mode S, airborne collision
avoidance for example, where a 1 090 MHz transmitter and receiver are in the same aircraft,
it may be necessary to further constrain the inactive state transponder power.
1.10.2.2 Spurious emission radiation
CW radiation shall not exceed 70 dB below 1 watt.
1.10.3 SPECIAL CHARACTERISTICS
1.10.3.1 Mode S side-lobe suppression
Note.— Side-lobe suppression for Mode S formats occurs when a PS pulse overlays the
location of the sync phase reversal of P6, causing the transponder to fail to recognize the
interrogation.
Given a Mode S interrogation that requires a reply, the transponder shall;
a) at all signal levels between MTL +3 dB and –21 dBm, have a reply ratio of less than
10 per cent if the received amplitude of P5 exceeds the received amplitude of P6
by 3 dB or more;
b) at all signal levels between MTL +3 dB and –21 dBm, have a reply ratio of at least
99 per cent if the received amplitude of P6 exceeds the received amplitude of P5
by 12 dB or more.
1.10.3.2 Mode S dead time. Dead time shall be defined as the time interval beginning at
the end of a reply transmission and ending when the transponder has regained sensitivity
to within 3 dB of MTL.
Mode S transponders shall not have more than 125 microseconds' dead time.
1.10.3.3 Mode S receiver desensitization. The transponder's receiver shall be desensitized
according to
1.7.1 of the Sixth Schedule on receipt of any pulse of more than 0.7 microseconds duration.
1.10.3.3.1 Recovery from desensitization. Recovery from desensitization shall begin at the
trailing edge of each pulse of a received signal and shall occur at the rate prescribed 1.7.2
of the Sixth Schedule, provided that no reply or data transfer is made in response to the
received signal.
1.10.3.4 Recovery after Mode S interrogations that do not elicit replies
1.10.3.4.1 Recovery after a single Mode S interrogation

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1.10.3.4.1.1 The transponder shall recover sensitivity to within 3 dB of MTL no later than
128 microseconds after receipt of the sync phase reversal following a Mode S interrogation
that is not accepted or that is accepted but requires no reply.
1.10.3.4.1.2 The transponder shall recover sensitivity to within 3 dB of MTL no later than 45
microseconds after receipt of the sync phase reversal following a Mode S interrogation that
is not accepted or that is accepted but requires no reply.
1.10.3.4.1.3 A11 Mode S transponders installed on or after 1 January 1999 shall recover
sensitivity to within 3 dB of MTL no later than 45 microseconds after receipt of the sync
phase reversal following a Mode S interrogation that is not accepted or that is accepted but
requires no reply.
1.10.3.4.2 Recovery after a Mode S Comm-C interrogation. A Mode S transponder with
Comm-C capability shall recover sensitivity to within 3 dB of MTL no later than 45
microsecondss after receipt of the sync phase reversal following acceptance of a Comm- C
interrogation for which no reply is required.
1.10.3.5 Unwanted Mode S replies. Mode S transponders shall not generate unwanted
Mode S replies more often than once in 10 seconds. Installation in the aircraft shall be
made in such a manner that this standard shall be achieved when all possible interfering
equipments installed in the same aircraft are operating at maximum interference levels.
1.10.3.5.1 Unwanted Mode S replies in the presence of low-level in-band CW interference.
In the presence of non-coherent CW interference at a frequency of 1 030 +0.2 MHz and
at signal levels of 60 dBm or less, and in the absence of valid interrogation signals, Mode
S transponders shall not generate unwanted Mode S replies more often than once per 10
seconds
1.10.3.6 Reply rate limiting
Note.— Reply rate limiting is prescribed separately for Modes A and C and for Mode S.
1.10.3.6.1 Mode S reply rate limiting. Reply rate limiting is not required for the Mode S
formats of a transponder. If such limiting is incorporated for circuit protection, it shall permit
the minimum reply rates required in 1.10.3.7.2 and 1.10.3.7.3.
1.10.3.6.2 Modes A and C reply rate limiting. Reply rate limiting for Modes A and C shall be
effected according to 1.9.1 in the Sixth Schedule. The prescribed sensitivity reduction shall
not affect the Mode S performance of the transponder.
1.10.3.7 Minimum reply rate capability, Modes A, C and S
1.10.3.7.1 All reply rates specified in 1.10.3.7 shall be in addition to any squitter
transmissions that the transponder is required to make.
1.10.3.7.2 Minimum reply rate capability, Modes A and C. The minimum reply rate capability
for Modes A and C shall be in accordance with 1.9 in the Sixth Schedule.
1.10.3.7.3 Minimum reply rate capability, Mode S. A transponder capable of transmitting
only short Mode S replies shall be able to generate replies at the following rates;
50 Mode S replies in any 1-second interval
18 Mode S replies in a 100-millisecond interval
8 Mode S replies in a 25-millisecond interval
4 Mode S replies in a 1.6-millisecond interval
In addition to any downlink ELM transmissions, a level 2, 3 or 4 transponder shall be able
to generate as long replies at least;
16 of 50 Mode S replies in any 1-second interval
6 of 18 Mode S replies in a 100-millisecond interval
4 of 8 Mode S replies in a 25-millisecond interval
2 of 4 Mode S replies in a 1.6-millisecond interval
Transponders used in conjunction with ACAS shall be able to generate as long replies at
least;

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60 Mode S replies in any 1-second interval


6 of 18 Mode S replies in a 100-millisecond interval
4 of 8 Mode S replies in a 25-millisecond interval
2 of 4 Mode S replies in a 1.6-millisecond interval
In addition to downlink ELM transmissions, a level 5 transponder shall be able to generate
as long replies at least;
24 of 50 Mode S replies in any 1-second interval
9 of 18 Mode S replies in a 100-millisecond interval
6 of 8 Mode S replies in a 25-millisecond interval
2 of 4 Mode S replies in a 1.6-millisecond interval
1.10.3.7.4 Minimum Mode S ELM peak reply rate
Note 1.— When a downlink ELM is initialized„ the Mode S transponder announces the length
(in segments) of the waiting message. The transponder must be able to transmit this number
of segments, plus an additional margin to make up for missed replies, during the beam dwell
of the ground interrogator.
At least once every second a Mode S transponder equipped for ELM downlink operation
shall be capable of transmitting in a 25-millisecond interval, at least 25 per cent more
segments than have been announced in the initialization The minimum length downlink ELM
capability for level 4 and 5 transponders shall be as specified in 1.10.5.2.2.2.
Note 2.— A transponder capable of processing the maximum length downlink ELM (16
segments) is therefore required to be able to transmit 20 long replies under the above
conditions. Level 4 transponders may be built which process less than the maximum
message length. These transponders cannot initialize a message length that exceeds their
transmitter capability. For example, a transponder that can transmit at most 10 long replies
under the above conditions can never announce a message of more than 8 segments.
1.10.3.8 Reply delay and jitter
Note.— After an interrogation has been accepted and if a reply is required, this reply
transmission begins after a fixed delay needed to carry out the protocols. Different values for
this delay are assigned for Modes A and C, for Mode S and for Modes A/C/S all-call replies.
1.10.3.8.1 Reply delay and jitter for Modes A and C. The reply delay and jitter for Modes A
and C transactions shall be as provided in 1.10 in the Sixth Schedule.
1.10.3.8.2 Reply delay and jitter for Mode S. For all input signal levels between MTL and
–21 dBm, the leading edge of the first preamble pulse of the reply shall occur 128 plus or
minus 0.25 microseconds after the sync phase reversal of the received P6. The jitter of the
reply delay shall not exceed 0.08 microseconds, peak (99.9 percentile).
1.10.3.8.3 Reply delay and jitter for Modes A/C/S all call. For all input signal levels between
MTL +3 dB and –21 dBm the leading edge of the first preamble pulse of the reply shall
occur 128 plus or minus 0.5 microsecondss after the leading edge of the P4 pulse of the
interrogation. Jitter shall not exceed 0.1 microseconds, peak (99.9 percentile).
Note.— A peak jitter of 0.1 microseconds is consistent with the jitter prescribed in 1.10 in
the Sixth Schedule
1.10.3.9 Timers. Duration and features of timers shall be as shown in Table 3-9. All timers
shall be capable of being restarted. On receipt of any start command, they shall run for their
specified times. This shall occur regardless of whether they are in the running or the non-
running state at the time that the start command is received. A command to reset a timer
shall cause the timer to stop running and to return to its initial state in preparation for a
subsequent start command.
1.10.3.10 Inhibition of replies. Replies to Mode A/C/S all-call and Mode S-only all-call
interrogations shall always be inhibited when the aircraft declares the on-the-ground state.
It shall not be possible to inhibit replies to discretely addressed Mode S interrogations
regardless of whether the aircraft is airborne or on the ground.

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1.10.3.10.1 Aircraft shall provide means to determine the on-the-ground state automatically
and provide that information to the transponder.
1.10.3.10. Mode A/C replies shall be inhibited when the aircraft is on the ground to prevent
interference when in close proximity to an interrogator or other aircraft.
Note.— Mode S discretely addressed interrogations do not give rise to such interference and
may be required for data link communications with aircraft on the airport surface. Acquisition
squitter transmissions may be used for passive surveillance of aircraft on the airport surface.

1.10.4 Transponder antenna system and diversity operation. Mode S transponders equipped
for diversity operation shall have two RF ports for operation with two antennas, one antenna
on the top and the other on the bottom of the aircraft's fuselage. The received signal from
one of the antennas shall be selected for acceptance and the reply shall be transmitted from
the selected antenna only.
1.10.4.1 Radiation pattern. The radiation pattern of Mode S antennas when installed on an
aircraft shall be nominally equivalent to that of a quarter-wave monopole on a ground plane.
Note.— Transponder antennas designed to increase gain at the expense of vertical
beamwidth are undesirable because of their poor performance during turns.
1.10.4.2 Antenna location. The top and bottom antennas shall be mounted as near as
possible to the centre line of the fuselage. Antennas shall be located so as to minimize
obstruction to their fields in the horizontal plane.
1.10.4.2.1 The horizontal distance between the top and bottom antennas shall not be greater
than 7.6 m (25 ft).
Note.— This recommendation is intended to support the operation of any diversity
transponder (including cables) with any diversity antenna installation and still satisfy the
requirement of 1.10.4.5.
1.10.4.3 Antenna selection. Mode S transponders equipped for diversity operation shall
have the capability to evaluate a pulse sequence simultaneously received on both antenna
channels to determine individually for each channel if the P1 pulse and the P2 pulse of a
Mode S interrogation preamble meet the requirements for a Mode S interrogation as defined
in 1.0 of the First Schedule l and if the P1 pulse and the P3 pulse of a Mode A, Mode C or
intermode interrogation meet the requirements for Mode A and Mode C interrogations as
defined in Part IV of these regulations.
Note.— Transponders equipped for diversity operation may optionally have the capability to
evaluate additional characteristics of the received pulses of the interrogations in making a
diversity channel selection. The transponder may as an option evaluate a complete Mode
S interrogation simultaneously received on both channels to determine individually for each
channel if the interrogation meets the requirements for Mode S interrogation acceptance as
defined in 1.4.1.2.3.
1.10.4.3.1 If the two channels simultaneously receive at least a P1 – P2 pulse pair that
meets the requirements for a Mode S interrogation, or a P1 – P3 pulse pair that meets the
requirements for a Mode A or Mode C interrogation, or if the two channels simultaneously
accept a complete interrogation, the antenna at which the signal strength is greater shall
be selected for the reception of the remainder (if any) of the interrogation and for the
transmission of the reply.
1.10.4.3.2 If only one channel receives a pulse pair that meets the requirements for an
interrogation, or if only one channel accepts an interrogation, the antenna associated with
that channel shall be selected regardless of received signal strength
1.10.4.3.3 Selection threshold. If antenna selection is based on signal level, it shall be carried
out at all signal levels between MTL and –21 dBm.
Note.— Either antenna may be selected if the difference in signal level is less than 3 dB.
1.10.4.3.4 Received signal delay tolerance. If an interrogation is received at one
antenna 0.125 microseconds or less in advance of reception at the other antenna, the

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interrogations shall be considered to be simultaneous interrogations, and the above antenna


selection criteria applied. If an accepted interrogation is received at either antenna 0.375
microseconds or more in advance of reception at the other antenna, the antenna selected for
the reply shall be that which received the earlier interrogation. If the relative time of receipt is
between 0.125 and 0.375 microseconds, the transponder shall select the antenna for reply
either on the basis of the simultaneous interrogation criteria or on the basis of the earlier
time of arrival.
1.10.4.4 Diversity transmission channel isolation. The peak RF power transmitted from the
selected antenna shall exceed the power transmitted from the non-selected antenna by at
least 20 dB.
1.10.4.5 Reply delay of diversity transponders. The total two-way transmission difference in
mean reply delay between the two antenna channels (including the differential delay caused
by transponder-to antenna cables and the horizontal distance along the aircraft centre line
between the two antennas) shall not exceed 0.13 microseconds for interrogations of equal
amplitude. This requirement shall hold for interrogation signal strengths between MTL +3 dB
and –21 dBm. The jitter requirements on each individual channel shall remain as specified
for non-diversity transponders.
Note.— This requirement limits apparent jitter caused by antenna switching and by cable
delay differences.

1.10.5 DATA PROCESSING AND INTERFACES


1.10.5.1 Direct data. Direct data shall be those which are required for the surveillance
protocol of the Mode S system.
1.10.5.1.1 Fixed direct data. Fixed direct data are data from the aircraft which do not change
in flight and shall be:
a) the aircraft address;
b) the maximum airspeed; and
c) the registration marking if used for flight identification.
1.10.5.1.2 Interfaces for fixed direct data
Interfaces from the transponder to the aircraft shall be designed such that the values of the
fixed direct data become a function of the aircraft installation rather than of the transponder
configuration.
Note.— The intent of this recommendation is to encourage an interface technique which
permits transponder exchange without manipulation of the transponder itself for setting the
fixed direct data.
1.10.5.1.2 Variable direct data. Variable direct data are data from the aircraft which can
change in flight and shall be:
a) the Mode C altitude code;
b) the Mode A identity code;
c) the on-the-ground condition;
d) the aircraft identification if different from the registration marking; and
e) the SPI condition.
1.5.1.4 Interfaces for variable direct data
1.10.5.1.4.1 A means shall be provided, while on the ground or during flight, for the SPI
condition to be inserted by the pilot, without the entry or modification of other flight data.
1.10.5.1.4.2 A means shall be provided, while on the ground or during flight, for the Mode
A identity code to be displayed to the pilot and modified without the entry or modification
of other flight data.
1.10.5.1.4.3 For transponders of Level 2 and above, a means shall be provided, while on the
ground or during flight, for the aircraft identification to be displayed to the pilot, and, when

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containing variable data (1.10.5.1.3 d)), to be modified without the entry or modification of
other flight data.
Note.— Implementation of the pilot action for entry of data will be as simple and efficient
as possible in order to minimize the time required and reduce the possibility of errors in the
data entry.
1.10.5.1.4.4 Interfaces shall be included to accept the pressure-altitude and on-the-ground
coding.
Note.— A specific interface design for the variable direct data is not prescribed.
1.10.5.2 Indirect data
Note.— Indirect data are those which pass through the transponder in either direction but
which do not affect the surveillance function.
If origins and/or destinations of indirect data are not within the transponder's enclosure,
interfaces shall be used for the necessary connections.
1.10.5.2.1 The function of interfaces
Note.— Indirect data interfaces for standard transactions serve interrogations which require
a reply and the broadcast function. Indirect data interfaces for ELM serve that system and
require buffering and protocol circuitry within the transponder.
Interface ports can be separate for each direction and for each service or can be combined
in any manner.
1.10.5.2.1.1 Uplink standard length transaction interface. The uplink standard length
transaction interface shall transfer all bits of accepted interrogations, (with the possible
exception of the AP field), except for UF = 0, 11 or 16.
Note.— AP can also be transferred to aid in integrity implementation.
1.10.5.2.1.2 Downlink standard length transaction interface. A transponder which transmits
information originating in a peripheral device shall be able to receive bits or bit patterns for
insertion at appropriate locations within the transmission. These locations shall not include
those into which bit patterns generated internally by the transponder are inserted, nor the AP
field of the reply. A transponder which transmits information using the Comm-B format shall
have immediate access to requested data in the sense that the transponder shall respond
to an interrogation with data requested by that interrogation.
Note.— This requirement may be met in two ways;
i. the transponder may have provisions for internal data and protocol buffering;
ii. the transponder may employ a "real time" interface which operates such that uplink
data leave the transponder before the corresponding reply is generated and downlink
data enter the transponder in time to be incorporated in the reply.
1.10.5.2.1.3 Extended length message interface
Note.— The ELM interface extracts from, and enters into, the transponder the data
exchanged between air and ground by means of the ELM protocol.
1.10.5.2.2 Indirect data transaction rates
1.10.5.2.2.1 Standard length transactions. A transponder equipped for information transfer
to and from external devices shall be capable of processing the data of at least as
many replies as prescribed for minimum reply rates in 1.10.3.7.2 and uplink data from
interrogations being delivered at a rate of at least;
50 long interrogations in any 1-second interval
18 long interrogations in a 100-millisecond interval
8 long interrogations in a 25-millisecond interval 4 long interrogations in a 1.6- millisecond
interval.
Note 1.— A transponder capable of reply rates higher than the minimum of 1.10.3.7.2 need
not accept long interrogations after reaching the uplink data processing limits above.

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Note 2.— The Mode S reply is the sole means of acknowledging receipt of the data content
of a Mode S interrogation. Thus, if the transponder is capable of replying to an interrogation,
the Mode S installation must be capable of accepting the data contained in that interrogation
regardless of the timing between it and other accepted interrogations. Overlapping Mode
S beams from several interrogators could lead to the requirement for considerable data
processing and buffering. The minimum described here reduces data processing to a
realistic level and the non-acceptance provision provides for notification to the interrogator
that data will temporarily not be accepted.
1.10.5.2.2.2 Extended length transactions. Level 3 and level 4) transponders shall be able
to transfer data from at least four complete sixteen segment uplink ELMs in any four second
interval. A level 5 transponder shall be able to transfer the data from at least four complete
sixteen segment uplink ELMs in any one second interval and shall be capable of accepting at
least two complete sixteen segment uplink ELMs with the same II code in a 250 millisecond
interval. A level 4 transponder shall be able to transmit at least one four-segment downlink
ELM in any one second interval. A level 5 transponder shall be able to transmit at least one
sixteen segment downlink ELM in any one second interval.
1.10.5.2.2.2.1 Level 3 and level 4 transponders shall be able to accept at least two complete
sixteen segment uplink ELMs in a 250 millisecond interval.
1.10.5.2.3 Data formats for standard length transactions and required downlink aircraft
parameters (DAPs).
1.10.5.2.3.1 All level 2 and above transponders shall support the following registers;
– the capability reports;
– the aircraft identification protocol register 20 {HEX}; and
– for ACAS-equipped aircraft, the active resolution advisory register 30 {HEX}.
1.10.5.2.3.2 Where required, DAPs shall be supported by the registers listed in Table 3-
12. The formats and minimum update rates of transponder registers shall be implemented
consistently to ensure interoperability.
1.10.5.2.3.3 The downlink standard length transaction interface shall deliver downlink
aircraft parameters (DAPs) to the transponder which makes them available to the ground.
Each DAP shall be packed into the Comm-B format (`MB' field) and can be extracted using
either the ground-initiated Comm-B (GICB) protocol, or using MSP downlink channel 3 via
the dataflash application.
Note.— The formats and update rates of each register and the dataflash application are
specified in the Technical Provisions for Mode S Services and Extended Squitter (ICAO Doc
9871).
1.10.5.3 Integrity of data content transfer. A transponder which employs data interfaces shall
include sufficient protection to ensure error rates of less than one error in 103 messages
and less than one undetected error in 107 112-bit transmissions in both directions between
the antenna and each interface port.
1.10.5.4 Message cancellation. The downlink standard length transaction interface and the
extended length message interface shall include the capability to cancel a message sent to
the transponder for delivery to the ground, but whose delivery cycle has not been completed
(i.e. a closeout has not been accomplished by a ground interrogator).
Note.— One example of the need for this capability is to cancel a message if delivery is
attempted when the ail-croft is not within coverage of a Mode S ground station. The message
must then be cancelled to prevent it from being read and interpreted as a current message
when the aircraft re-enters Mode S airspace.
1.10.5.5 Air-directed messages. The transfer of this type of message requires all of the
actions indicated in 1.10.5.4 plus the transfer to the transponder of the interrogator identifier
of the site that is to receive the message.

1.11 ESSENTIAL SYSTEM CHARACTERISTICS OF THE GROUND INTERROGATOR

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Note.— To ensure that Mode S interrogator action is not detrimental to Mode A/C
interrogators, performance limits exist for Mode S interrogators
1.11.1 Interrogation repetition rates. Mode S interrogators shall use the lowest practicable
interrogation repetition rates for all interrogation modes.
Note.— Accurate azimuth data at low interrogation rates can be obtained with monopulse
techniques
1.11.1.1 All-call interrogation repetition rate.
1.11.1.1.1 The interrogation repetition rate for the Mode A/C/S all-call, used for acquisition,
shall be less than 250 per second. This rate shall also apply to the paired Mode S-only and
Mode A/C-only all-call interrogations used for acquisition in the multisite mode.
1.11.1.1.2 Maximum number of Mode S all-call replies triggered by an interrogator. For
aircraft that are not locked out, a Mode S interrogator shall not trigger, on average, more
than 6 Mode S all-call replies per period of 200 ms and no more than 26 Mode S all-call
replies counted over a period of 18 seconds.
1.11.1.1 Interrogation repetition rate to a single aircraft
1.11.1.1.1 Interrogations requiring a reply. Mode S interrogations requiring a reply shall not
be transmitted to a single aircraft at intervals shorter than 400 microseconds.
1.11.1.2.2 Uplink ELM interrogations. The minimum time between the beginning of
successive CommC interrogations shall be 50 microseconds.
1.11.1.3 Transmission rate for selective interrogations
1.11.1.3.1 For all Mode S interrogators, the transmission rate for selective interrogations
shall be;
a) less than 2 400 per second averaged over a 40-millisecond interval; and
b) less than 480 into any 3-degree sector averaged over a 1-second interval.
1.11.1.3.2 Additionally, for a Mode S interrogator that has overlapping coverage with the side
lobes of any other Mode S interrogator, the transmission rate for selective interrogations
shall be;
a) less than 1 200 per second averaged over a 4-second interval; and
b) less than 1 800 per second averaged over a 1-second interval.
Note.— Typical minimum distance to ensure side lobe separation between interrogators is
35 km.
1.11.2 INTERROGATOR-EFFECTIVE RADIATED POWER
The effective radiated power of all interrogation pulses shall be minimized as described in
Regulation 41.
1.11.3 Inactive-state interrogator output power. When the interrogator transmitter is not
transmitting an interrogation, its output shall not exceed –5 dBm effective radiated power at
any frequency between 960 MHz and 1 215 MHz.
Note.— This constraint ensures that aircraft flying near the interrogator (as close as 1.85
km (1 NM)) will not receive interference that would prevent them from being tracked by
another interrogator. In certain instances even smaller interrogator-to-aircraft distances are
of significance, for example if Mode S surveillance on the airport surface is used. In such
cases a further restraint on inactive state interrogator output power may be necessary.
1.11.3.1 Spurious emission radiation
CW radiation shall not exceed 76 dB below 1 watt.
1.11.4 Tolerances on transmitted signals. In order that the signal-in-space be received by
the transponder as described in 1.1, the tolerances on the transmitted signal shall be as
summarized in Table 3-11.1.11.5 SPURIOUS RESPONSE

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The response to signals not within the pass band shall be at least 60 dB below normal
sensitivity.
1.11.6 Lockout coordination. A Mode S interrogator shall not be operated using all-call
lockout until coordination has been achieved with all other operating Mode S interrogators
having any overlapping coverage volume in order to ensure that no interrogator can be
denied the acquisition of Mode S equipped aircraft.
Note.– This coordination may he via ground network or by the allocation of interrogator
identifier (II) codes and will involve regional agreements where coverage overlaps
international boundaries.
1.11.7 MOBILE INTERROGATORS
Mobile interrogators shall acquire, whenever possible, Mode S aircraft through the reception
of squitters.
Note.- Passive squitter acquisition reduces channel loading and can he accomplished
without the need for coordination.

TABLES FOR FOURTH SCHEDULE


TABLE 3-1 PULSE SHAPES- MODES S AND INTERMODE INTERROGATIONS
Pulse Duration Duration (Rise time) (Decay time)
tolerance Min. Max. Min. Max.
P1 P2 P3 P5 0.8 ±0.1 0.05 0.1 0.05 0.2
P4(short) 0.8 ±0.1 0.05 0.1 0.05 0.2
P4 (long) 1.6 ±0.1 0.05 0.1 0.05 0.2
P6(short) 16.25 ±0.25 0.05 0.1 0.05 0.2
P6(long) 30.25 ±0.25 0.05 0.1 0.05 0.2
0.8 ±0.1 0.05 0.1 0.05 0.2
S1
. .
Table 3-2. Pulse shapes – Mode S replies
Pulse duration Duration tolerance (Rise time) (Decay time)
Min. Max. Min. Max.
0.5 ±0.05 0.05 0.1 0.05 0.2
1.0 ±0.05 0.05 0.1 0.05 0.2
. .
TABLE 3-3. FIELD DEFINITIONS

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TABLE 3-4. SUBFIELD DEFINITIONS

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Table 3-5. Interrogation — reply protocol summary


Interrogation UF Speed conditions Reply DF
0 RL equals 0 0
RL equals 1 16
4 RR less than 16 4
RR equal to or greater than 20
16 .
5 RR less than 16 5
RR equal to or greater than 21
16 .
11 Transponder locked out to No reply
interrogator code, .
Stochastic reply test fails ( No reply
Otherwise 11
20 RR less than 16 4
RR equal to or greater than 20
16 .
AP contains broadcast No reply
address .
21 RR less than 16 5
RR equal to or greater than 21
16 .
AP contains broadcast No reply
address .

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24 RC equals 0 or 1 No reply 24
RC equals 2 or 3
TABLE 3-6. TABLE FOR REGISTER 1016
Subfields of register 1016 MB bits Comm-B bits
Continuation flag 9 41
Overlay command capability 15 47
ACAS capability 16 and 37-40 48 and 69-72
Mode S subnetwork version 17-23 49-55
number
Transponder enhanced 24 56
protocol indicator
Specific services capability 25 57
Uplink ELM capability 26-28 58-60
Downlink ELM capability 29-32 61-64
Aircraft identification 33 65
capability
Squitter capability subfield 34 66
(SCS)
Surveillance identifier code 35 67
capability (SIC)
Common usage GICB 36 68
capability report
Status of DTE sub-addresses 41-56 73-88
0 to 15
TABLE 3-7. SURFACE FORMAT BROADCAST WITHOUT AN AUTOMATIC MEANS OF
ON-THE-GROUND DETERMINATION

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TABLE 3-8: CHARACTER CODING FOR TRANSMISSION OF IDENTIFICATION BY DATA


LINK

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TABLE 3-9: TIMER CHARACTERISTICS


Timer Duration Tolerance
Name Number Symbol s s Resettable
Non-selective lockout 1 TD 18 ±1 no
Temporary alert 1 TC 18 ±1 no
SPI 1 TI 18 ±1 no
Reservations B, C, D 3* Ts 18 ±1 yes
Multisite lockout 78 T1 18 ±1 yes
* As required
TABLE 3.10: REGISTER 1016
Sub of register 1016 MB bits Comm-B bits
Continuation flag 9 41
Overlay command capability 15 47
ACAS capability 16 and 37-40 48 and 69-72)
Mode S subnetwork version 17-23 49-55
number
Transponder enhanced 24 56
protocol indicator
Specific services capability 25 57
Uplink ELM capability 26-28 58-60

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Downlink ELM capability 29-32 61-64


Aircraft identification 33 65
capability
Squitter capability subfield 34 66
(SCS)
Surveillance identifier code 35 67
capability SIC)
Common usage GICB 36 68
capability report
Status of DTE sub-addresses 41-56 73-88
0 to 15
TABLE 3-11: TRANSMITTED SIGNAL TOLERANCES
Function Tolerance
Pulse duration P1, P2, , P3, P4, P5 ±0.09 microsecond
Pulse duration P6 ±0.20 microsecond
Pulse duration P1 – P3 ±0.18 microsecond
Pulse duration P1– P2 +0.10 microsecond
Pulse duration P3 — P4 ±0.04 microsecond
Pulse duration P1 –P2 ±0.04 microsecond
Pulse duration P2— sync phase reversal ±0.04 microsecond
Pulse duration P6— sync phase reversal ±0.04 microsecond
Pulse duration P5 — sync phase reversal ±0.05 microsecond
Pulse amplitude P3 P1=0.5 dB
Pulse amplitude P4 P3=0.5 dB
.
Pulse amplitude P6 Equal to or greater than P2— 0.25 dB
.
Pulse rise times 0.05 microsecond minimum
0.1 microsecond maximum
.
Pulse decay times 0.05 microsecond minimum
0.2 microsecond maximum

TABLE 3-12. DAPS REGISTERS


Register Name Data content Blts
40 {HEX} Selected vertical MCP(FCU selected 1-13
. intention altitude
. FMS selected altitude 14-26
. Barometric pressure 27-39
. setting minus 800 mb
. MCP/FCU mode blts 48-51
. Target altitude source 54-56
. blts
50 {HEX} Track and turn report Roll angle 1-11
. True track angle 12-23
. Ground speed 24-34
. Track angle rate 35-45
. True airspeed 46-56
60 {HEX} Heading and speed Magnetic heading 1-12
. report Indicated airspeed 13-23
. Mach 24-34
. Barometric altitude 35-45
. rate
.

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. Inertial vertical 46-56


velocity

FIGURES FOR FOURTH SCHEDULE

Definitions
Phase reversal. A 180-degree change In the phase of the radio frequency carrier.
Phase reversal duration. The time between the 10-degree and 170-degree points
of a phase reversal.
Pulse amplitude A. The peak voltage amplitude of the pulse envelope.
Pulse decay time. The time between 0.9A and 0.1A on the trailing edge of the
pulse envelope.
Pulse duration. The time Interval between 0.5A points on leading and trailing
edges of the pulse envelope.
Pulse interval. The time interval between the 0.5A point on the leading edge of the
first pulse and the 0.5A point on the leading edge of the second pulse.
Pulse rise time. The time between 0.1A and 0.9A on the leading edge of the pulse
envelope.
Time intervals. The intervals are referenced to:
a) the 0.5A point on the leading edge of a pulse;
b) the 0.5A point on the trailing edge of a pulse: or
c) the 90-degree point of a phase reversal.
Transponder sensitivity and power reference point. The antenna end of the
transmission line of the transponder.
Note.— The 90-degree point of a phase reversal can be approximated by the
minimum amplitude point on the envelope amplitude transient associated with the phase
reversal and the phase reversal duration can be approximated by the time between the
am points of the envelope amplitude transient.

Figure 3-1. Definitions of secondary surveillance radar waveform shapes, intervals and the
reference point for sensitivity and power

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Figure 3-2. Required spectrum limits for interrogator transmitter

Nb: NOT VISIBLE


Figure 3-3. Intermode interrogation pulse sequence

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Figure 3-4. Mode S interrogation pulse sequence

Figure 3-5. Required spectrum limits for transponder transmitter


Note.— This figure shows the spectrum centred on the carrier frequency and will therefore
shift in its entirety plus or minus 1 MHz along with the carrier frequency

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Figure 3-6. Mode S reply

NOTES:
1. XX:M denotes a field designated "XX" which is assigned M bits.

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2. N denotes unassigned coding space with N available bits. These shall be coded as
ZEROs for transmission.
3. For uplink formats (UF) 0 to 23 the format number corresponds to the binary code
in the first five bits of the interrogation. Format number 24 is defined as the format
beginning with "11" in the first two bit positions while the following three bits vary with
the interrogation content.
4. All formats are shown for completeness, although a number of them are unused.
Those formats for which no application is presently defined remain undefined in
length. Depending on future assignment they may be short (56 bits) or long (112
bits) formats. Specific formats associated with Mode S capability levels are described
in later paragraphs. 5. The PC, RR, DI and SD fields do not apply to a Comm-A
broadcast interrogation.
5. Figure 3-7. Summary of Mode S interrogation or uplink formats

NOTES:
1. XX:M denotes a field designated "XX" which is assigned M bits. P:24 denotes a 24-
bit field reserved for parity information.

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2. N denotes unassigned coding space with N available bits. These shall be coded as
ZEROs for transmission.
3. For downlink formats (DF) 0 to 23 the format number corresponds to the binary code
in the first five bits of the reply. Format number 24 is defined as the format beginning
with "11" in the first two bit positions while the following three bits may vary with
the reply content. 4. All formats are shown for completeness, although a number of
them are unused. Those formats for which no application is presently defined remain
undefined in length. Depending on future assignment they may be short (56 bits) or
long (112 bits) formats. Specific formats associated with Mode S capability levels are
described in later paragraphs.
4. The Data parity (DP) is used if it has been commanded by the OVC in accordance
with paragraph 1.6.11.2.5.
Figure 3-8. Summary of Mode S reply or downlink formats

FIFTH SCHEDULE
[Reg. 48(7).]

ACAS SYSTEM

1. MODE A/C ACAS I INTERFERENCE LIMITS

Where;

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na= number of operating ACAS II and ACAS Ill equipped aircraft near own (based on ACAS
broadcasts received with a transponder receiver threshold of – 74 dBm); { } = average value
of the expression within the brackets over last 8 interrogation cycles;
Pa(k) = peak power radiated from the antenna in all directions of the pulse having the largest
amplitude in the group of pulses comprising a single interrogation during the kth Mode A/C
interrogation in a 1 s interrogation cycle, W;
k = index number for Mode A/C interrogations, k = 1, 2,...,kt; kt= number of Mode A/
C interrogations transmitted in a 1 s interrogation cycle; fr= Mode A/C reply rate of own
transponder; and

1.8.7 Table 2-1: ACAS design assumptions)

1.8.8. ACAS interference limiting inequalities- ACAS shall adjust its interrogation rate and
interrogation power such that the following three inequalities remain true, except as provided
in regulation 84(6).

The variables in these inequalities shall be defined as follows;


it= number of interrogations (Mode A/C and Mode S) transmitted in a 1 s interrogation cycle.
This shall include all Mode S interrogations used by the ACAS functions, including those in
addition to UF = 0 and UF = 16 interrogations, except as provided regulation 84(6);
i= index number for Mode A/C and Mode S interrogations, i= 1, 2,...,it;
α = the minimum of a 1 calculated as 1/4 [nbInc] subject to the special conditions given
below and a 2 calculated as

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Log10 [na/nb] / Log10 25, where nb and nc are defined as the number of operating ACAS II and
ACAS III equipped aircraft (airborne or on the ground) within 11.2 km (6 NM) and 5.6 km (3
NM) respectively, of own ACAS (based on ACAS surveillance). ACAS aircraft operating on
the ground or at or below a radio altitude of 610 m(2 000 ft) AGL shall include both airborne
and on-ground ACAS II and ACAS III aircraft in the value for nbandnc. Otherwise, ACAS
shall include only airborne ACAS II and ACAS III aircraft in the value for nbandnc. The values
of α, αl and α2 are further constrained to a minimum of 0.5 and a maximum of 1.0.
In addition;
IF [(nb≤1) OR (nb≤ 4 AND nc≤ 2 AND na> 25)] THEN al = 1.0.
IF [(nc>2) AND (nb>2 nc) AND (na< 40)] THEN al = 0.5:
p(i) = peak power radiated from the antenna in all directions of the pulse having the largest
amplitude in the group of pulses comprising a single interrogation during the ith interrogation
in a 1 s interrogation cycle, W; m(i) = duration of the mutual suppression interval for own
transponder associated with the ith interrogation in a 1 s interrogation cycle, s;
ß = beam sharpening factor (ratio of 3 dB beam width to beamwidth resulting from
interrogation sidelobe suppression). For ACAS interrogators that employ transmitter side-
lobe suppression (SLS), the appropriate beamwidth shall be the extent in azimuth angle
of the Mode A/C replies from one transponder as limited by SLS, averaged over the
transponder population;
{}
Pa(K)
K
K1
na

1.8.9 Sensitivity Levels–


Sensitivity levels. ACAS shall be capable of operating at any of a number of sensitivity levels.
These shall include:
a) S = 1, a "standby" mode in which the interrogation of other aircraft and
all advisories are inhibited;
b) S= 2, a "TA only" mode in which RAs are inhibited; and
c) S = 3-7, further levels that enable the issue of RAs that provide the warning
times indicated in Table 4-2 as well as TAs.
Table 4-2:

Sensitivity level 2 3 4 5 6 7
Nominal warning time no RAs 15s 20s 25s 30s 35s

1.8.10 Coordination interrogations

Figure 5-1: Summary of Mode S interrogation or uplink formats

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NOTES:
1. XX:M denotes a field designated "XX" which is assigned M bits.
2. N denotes unassigned coding space with N available bits. These shall be coded as
ZEROs for transmission.
3. For uplink formats (UF) 0 to 23 the format number corresponds to the binary code
in the first five bits of the interrogation. Format number 24 is defined as the format
beginning with "11" in the first two bit positions while the following three bits vary with
the interrogation content.
4. All formats are shown for completeness, although a number of them are unused.
Those formats for which no application is presently defined remain undefined in
length. Depending on future assignment they may be short (56 bits) or long (112 bits)
formats. Specific formats associated with Mode S capability levels are described in
later paragraphs.
5. The PC, RR, DI and SD fields do not apply to a Comm-A broadcast interrogation.

1.8.11 Surveillance and Communication Formats used by ACAS

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6.1 The air-air surveillance and communication formats which are used by ACAS shall be
as in Figure 6-1.
Figure 6-1: Surveillance and Communication formats used by ACAS

6.2 DR (downlink request). The significance of the coding of the downlink request field shall
be as follows:
Coding
2 See regulations, 47(17),
3 ACAS message available,
4 Comm-B message available and ACAS message available,
4-5 See regulation 47(17),
6 Comm-B broadcast message 1 available and ACAS message available,
7 Comm-B broadcast message 2 available and ACAS message available,
8-31 See Regulation 47(17).

6.3 RI (air-air reply information). The significance of the coding in the RI field shall be as
follows:
Coding
0 No operating ACAS,
1 Not assigned,
2 ACAS with resolution capability inhibited,
3 ACAS with vertical-only resolution capability,
4 ACAS with vertical and horizontal resolution capability,
5-7 Not assigned,
8-15 See regulation 60(7).

Bit 14 of the reply format containing this field shall replicate the AQ bit of the interrogation.
The RI field shall report "no operating ACAS" (RI = 0) if the ACAS unit has failed or is
in standby. The RI field shall report "ACAS with resolution capability inhibited" (RI = 2) if
sensitivity level is 2 or TA only mode has been selected.
Note.— Codes 0-7 in the RI field indicate that the reply is a tracking reply and also give
the ACAS capability of the interrogated aircraft. Codes 8-15 indicate that the reply is an
acquisition reply and also give the maximum true airspeed capability of the interrogated
aircraft.
6.4 RR (reply request). The significance of the coding in the reply request field shall be as
follows:
Coding
0-18 See regulation 47(3)
19 Transmit a resolution advisory report
20-31 See regulation 47(3)

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SIXTH SCHEDULE
[Reg. 52.]

1. THREAT DETECTION IN ACAS


1.1. Declaration of threat. ACAS shall evaluate appropriate characteristics of each intruder
to determine whether or not it is a threat.
1.1.1 Intruder characteristics. As a minimum, the characteristics of an intruder that are used
to identify a threat shall include;
a) tracked altitude;
b) tracked rate of change of altitude;
c) tracked slant range;
d) tracked rate of change of slant range; and
e) sensitivity level of intruder's ACAS, Si.

For an intruder not equipped with ACAS II or ACAS III, Si shall be set to I.

1.1.2 Own aircraft characteristics. As a minimum, the characteristics of own aircraft that are
used to identify a threat shall include:
a) altitude;
b) rate of change of altitude; and
c) sensitivity level of own ACAS (1.1.5).

1.2. Sensitivity levels. ACAS shall be capable of operating at any of a number of sensitivity
levels. These shall include;
a) S = 1, a "standby" mode in which the interrogation of other aircraft and all advisories
are inhibited;
b) S= 2, a "TA only" mode in which RAs are inhibited; and
c) S = 3-7, further levels that enable the issue of RAs that provide the warning times
indicated in Table 1–1 as well as TAs.
1.3. Selection of own sensitivity level (S0). The selection of own ACAS sensitivity level shall
be determined by sensitivity level control (SLC) commands which shall be accepted from
a number of sources as follows:
a) SLC command generated automatically by ACAS based on altitude band or other
external factors;
b) SLC command from pilot input; and
c) SLC command from Mode S ground stations.
1.1.1 Permitted SLC command codes. As a minimum, the acceptable SLC command codes
shall include:
Coding for SLC based on altitude band 2-7 for SLC from pilot input 0,1,2 for SLC from Mode
S ground statons 0,2-6
1.1.2 Altitude-band SLC command. Where ACAS selects an SLC command based on
altitude, hysteresis shall be applied to the nominal altitude thresholds at which SLC
command value changes are required as follows: for a climbing ACAS aircraft the SLC
command shall be increased at the appropriate altitude threshold plus the hysteresis value;
for a descending ACAS aircraft the SLC command shall be decreased at the appropriate
altitude threshold minus the hysteresis value.
1.1.3 Pilot SLC command. For the SLC command set by the pilot the value 0 shall indicate
the selection of the "automatic" mode for which the sensitivity level selection shall be based
on the other commands.

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Table 1-1
Sensitivity level 2 3 4 5 6 7
Nominal warning no RAs 15s 20s 25s 30s 35s
time
1.1.4 Mode S ground station SLC command. For SLC commands transmitted via Mode S
ground stations (1.2.1.1 in the Fourth Schedule), the value 0 shall indicate that the station
concerned is not issuing an SLC command and that sensitivity level selection shall be based
on the other commands, including non-0 commands from other Mode S ground stations.
ACAS shall not process an uplinked SLC value of 1.
1.1.4.1 ATS selection of SLC command code. ATS authorities shall ensure that procedures
are in place to inform pilots of any ATS selected SLC command code other than 0.
1.1.5 Selection rule. Own ACAS sensitivity level shall be set to the smallest non-0 SLC
command received from any of the sources listed in 1.3.
1.2 Selection of parameter values for RA generation. When the sensitivity level of own ACAS
is 3 or greater, the parameter values used for RA generation that depend on sensitivity level
shall be based on the greater of the sensitivity level of own ACAS, So, and the sensitivity
level of the intruder's ACAS, Si.
1.3 Selection of parameter values for TA generation. The parameter values used for TA
generation that depend on sensitivity level shall be selected on the same basis as those
for RAs (1.4) except when an SLC command with a value of 2 ("TA only" mode) has been
received from either the pilot or a Mode S ground station. In this case, the parameter values
for TA generation shall retain the values they would have had in the absence of the SLC
command from the pilot or Mode S ground station.

SEVENTH SCHEDULE
[Regs. 62, 73, 76, 77, 78, 82(2), 84 & 86(6).]

ACAS FIELDS AND SUBFIELDS (REGULATION 62)

1. ACAS FIELDS AND SUBFIELDS


1.2 Subfield in MA
1.2.1 ADS (A-definition subfield). This 8-bit (33-40) subfield shall define the remainder of MA.
Note.— For convenience of coding, ADS is expressed in two groups of four bits each, ADS1
and ADS2.
1.2.2 When ADS1 = 0 and ADS2 = 5, the following subfield shall be contained in MA:
1.2.3 SLC (ACAS sensitivity level control (SLC) command). This 4-bit (41-44) subfield shall
denote a sensitivity level command for own ACAS.
Coding
0 No command issued
1 Not assigned
2 Set ACAS sensitivity level to 2
3 Set ACAS sensitivity level to 3
4 Set ACAS sensitivity level to 4
5 Set ACAS sensitivity level to 5
6 Set ACAS sensitivity level to 6
7-14 Not assigned
15 Cancel previous SIC command from this ground station

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Note.— Structure of MA for a sensitivity level control command:


33 37 41 45
ADS1 = 0 ADS2 = 5 SLC ....44....
36 40 44 88

1.3 Subfields in MB
1.3.1 Subfields in MB for an RA report. When BDS1=3 and BDS2=0, the subfields indicated
below shall be contained in MB
1.3.1.1 ARA (active RAs). This 14-bit (41-54) subfield shall indicate the characteristics of the
RA, if any, generated by the ACAS associated with the transponder transmitting the subfield.
The bits in ARA shall have meanings determined by the value of the MTE subfield and, for
vertical RAs, the value of bit 41 of ARA. The meaning of bit 41 of ARA shall be as follows:
Coding
0 There is more than one threat and the RA is intended to provide separation below
some threat(s) and above some other threat(s) or no RA has been generated (when
MTE = 0)
1 Either there is only one threat or the RA is intended to provide separation in the same
direction for all threats When ARA bit 41 = 1 and MTE = 0 or 1, bits 42-47 shall have
the following meanings:
When ARA bit 41 = 1 and MTE = 0 or 1, bits 42-47 shall have the following meanings:
Bit Coding
42 0 RA is preventive
1 RA is corrective
43 0 Upward sense RA has been generated
1 Downward sense RA has been generated
44 0 RA is not Increased rate
1 RA is increased rate
45 0 RA is not a sense reversal
1 RA is a sense reversal
46 0 RA is not altitude crossing
1 RA is altitude crossing
47 0 RA is vertical speed limit
1 RA is positive
48–54 Reserved for ACAS III
When ARA bit 41 = 0 and MTE = 1, bits 42-47 shall have the following meanings:
Bit Coding
42 0 RA does not require a correction in the
1 upward sense
RA requires a correction in the upward
sense
43 0 RA does not require a positive climb
1 RA requires a positive climb
44 0 RA does not require a correction in the
1 downward sense
RA requires a correction in the downward
sense
45 0 RA does not require a positive descend
1 RA requires a positive descend
46 0 RA does not require a crossing
1 RA requires a crossing
47 0 RA is not a sense reversal
1 RA is a sense reversal
48–54 Reserved for ACAS III

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Note.— When ARA bit 41 = 0 and MTE = 0, no vertical RA has been generated.

1.3.1.2 RAC (RACs record). This 4-bit (55-58) subfield shall indicate all the currently active
RACs, if any, received from other ACAS aircraft. The bits in RAC shall have the following
meanings:

Bit Resolution advisory complement


55 Do not pass below
56 Do not pass above
57 Do not turn left
58 Do not turn right

A bit set to 1 shall indicate that the associated RAC is active. A bit set to 0 shall indicate
that the associated RAC is inactive.

Coding
0 ACAS is currently generating the RA indicated in the ARA subfield
1 The RA indicated by the ARA subfield has been terminated
Note 1.— After an RA has been terminated by ACAS, it is still required to be reported by
the Mode S transponder for 18±1 s
(The RA terminated indicator may be used, for example, to permit timely removal of an RA
indication from an air traffic controller's display, or for assessments of RA duration within a
particular airspace.
Note 2.— RAs may terminate for a number of reasons: normally, when the conflict has been
resolved and the threat is diverging in range; or when the threat's Mode S transponder for
some reason ceases to report altitude during the conflict. The RA terminated indicator is
used to show that the RA has been removed in each of these cases.
1.3.1.4 MTE (multiple threat encounter). This 1-bit (60) subfield shall indicate whether two
or more simultaneous threats are currently being processed by the ACAS threat resolution
logic.
Coding
0 One threat is being processed by the resolution logic (when ARA bit 41 = 1): or no
threat is being processed by the resolution logic (when ARA bit 41 = 0)
1 Two or more simultaneous threats are being processed by the resolution logic.
1.3.1.5 TTI (threat type indicator subfield). This 2-bit subfield (61-62) shall define the type
of identity data contained in the TID subfield.
Coding
0 No identity data in TID
1 TID contains a Mode S transponder address
2 TID contains altitude. range and bearing data
3 Not assigned
1.3.1.6 TID (threat identity data subfield). This 26-bit subfield (63-88) shall contain the Mode
S address of the threat or the altitude, range, and bearing if the threat is not Mode S
equipped. If two or more threats are simultaneously processed by the ACAS resolution logic,
TID shall contain the identity or position data for the most recently declared threat. If Ti! = 1,
TID shall contain in bits 63-86 the aircraft address of the threat, and bits 87 and 88 shall be
set to 0. If TTI = 2, TID shall contain the following three subfields.

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1.3.1.6.1 TIDA (threat identity data altitude subfield). This 13-bit subfield (63-75) shall
contain the most recently reported Mode C altitude code of the threat.

Coding
Bit 63 64 65 66 67 68 69 70 71 72 73 74 75
Mode C code bit C1 A1 C2 A2 C4 A4 O B1 D1 B2 D2 B4 D4

1.3.1.6.2 TIDR (threat identity data range subfield). This 7-bit subfield (76-82) shall contain
the most recent threat range estimated by ACAS.

Coding (n)
n Estimated range (NM)
0 No range estimate available
1 Less than 0.05
2-126 (n-1)/10 ±0.05
127 Greater than 12.55
1.3.1.6.3 TIDB (threat identity data bearing subfield). This 6-bit subfield (83-88) shall contain
the most recent estimated bearing of the threat aircraft, relative to the ACAS aircraft heading.

Coding (n)
n Estimated bearing (degrees)
0 No bearing estimate available
1-60 Between 6(n-1) and 6n
61-63 Not assigned
Note.— Structure of MB for an RA report:

33 37 41 45 55 59 60 61 63
BDS1=3 BDS2=0 ARA RAC RAT MTE TTI = 1 TID
36 40 54 58 59 60 62 88

33 37 41 55 59 60 61 63 76 83
BDS1=3 BDS2=0 ARA RAC RAT MTE TTI=2 TIDA TIDR TIDB
36 40 54 58 59 60 62 75 82 88
1.3.2 Subfields in MB for the data link capability report. When BDS1 = 1 and BDS2 =
0, the following bit patterns shall be provided to the transponder for its data link capability
report:
Bit Coding
48 0 ACAS failed or on standby
1 ACAS operating
69 0 Hybrid surveillance not operational
1 Hybrid surveillance fitted
and operational
70 0 ACAS generating TAs only
1 ACAS generating TAs and RAs
Bit 72 Bit 71 ACAS version
0 0 RTCA DO-185 (pre-ACAS)
0 1 RTCA DO-185A
1 0 RTCA DO-185B & EUROCAE ED 143
1 1 Reserved for future versions (see Note 3)

Note 3.— Future versions of ACAS will be identified using part numbers and software version
numbers specified in registers E516 and E616.

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1.4 MU field. This 56-bit (33-88) field of long air-air surveillance interrogations (Figure 4-1)
shall be used to transmit resolution messages, ACAS broadcasts and RA broadcasts.
1.4.1 UDS (U-definition subfield). This 8-bit (33-40) subfield shall define the remainder of
MU.
Note.— For convenience in coding, UDS is expressed in two groups of four bits each, UDS1
and UDS2.
1.4.2 Subfields in MU for a resolution message. When UDS1 = 3 and UDS2 = 0 the following
subfields shall be contained in MU:
1.4.2.1 MTB (multiple threat bit). This 1-bit (42) subfield shall indicate the presence or
absence of multiple threats.
Coding
0 Interrogating ACAS has one threat
1 Interrogating ACAS has more than one threat
1.4.2.2 VRC (vertical RAC). This 2-bit (45-46) subfield shall denote a vertical RAC relating
to the addressed aircraft.
Coding
0 No vertical RAC sent
1 Do not pass below
2 Do not pass above
3 Not assigned

1.4.2.3 CVC (cancel vertical RAC). This 2-bit (43-44) subfield shall denote the cancellation
of a vertical RAC previously sent to the addressed aircraft. This subfield shall be set to 0
for a new threat.
Coding
0 No cancellation
1 Cancel previously sent "Do not pass below"
2 Cancel previously sent "Do not pass above"
3 Not assigned

1.4.2.4 HRC (horizontal RAC). This 3-bit (50-52) subfield shall denote a horizontal RAC
relating to the addressed aircraft.
Coding
0 No horizontal RAC or no horizontal resolution capability,
1 Other ACAS sense is turn left: do not turn left
2 Other ACAS sense is turn left: do not turn right
3 Not assigned
4 Not assigned
5 Other ACAS sense is turn right: do not turn left
6 Other ACAS sense is turn right: do not turn right
7 Not assigned

1.4.2.5 CHC (cancel horizontal RAC). This 3-bit (47-49) subfield shall denote the
cancellation of a horizontal RAC previously sent to the addressed aircraft. This subfield shall
be set to 0 for a new threat.

Coding
0 No cancellation or no horizontal resolution capability

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1 Cancel previously sent "Do not turn left"


2 Cancel previously sent "Do not turn right"
3-7 Not assigned

1.4.2.6 VSB (vertical sense bits subfield). This 4-bit (61-64) subfield shall be used to protect
the data in the CVC and VRC subfields. For each of the 16 possible combinations of bits
43-46 the following VSB code shall be transmitted:

Note.— The rule used to generate the VSB subfield bit setting is a distance 3 Hamming
code augmented with a parity bit, producing the ability to detect up to three errors in the
eight transmitted bits.

1.4.2.7 HSB (horizontal sense bits subfield). This 5-bit (56-60) subfield shall be used to
protect the data in the CHC and HRC subfields. For each of the 64 possible combinations
of bits 47-52 the following HSB code shall be transmitted:

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Note.— The rule used to generate the HSB subfield bit setting is a distance 3 Hamming
code augmented with a parity bit, producing the ability to detect up to three errors in the
eleven transmitted bits.
1.4.2.8 MID (Aircraft address). This 24-bit (65-88) subfield shall contain the 24-bit aircraft
address of the interrogating ACAS aircraft.
Note.— Structure of MU for a resolution message:
33 37 41 42 43 45 47 50 53 56 61 65
UDS1 UDS2 - 1 - MTB CVC VRC CHC HRC - 3 - HSB VSB MID
=3 =0
36 40 41 42 44 46 49 52 55 60 64 88

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1.4.3 Subfield in MU for an ACAS broadcast. When UDS1 = 3 and UDS2 = 2, the following
subfield shall be contained in MU:
1.4.3.1 MID (Aircraft address). This 24-bit (65-88) subfield shall contain the 24-bit aircraft
address of the interrogating ACAS aircraft.
Note.— Structure of MU for an ACAS broadcast:
33 37 41 42 65
UDS1 = 3 UDS2 = 0 - - - - 24 - - - - - MID
36 40 64 88

1.4.4 Subfields in MU for an RA broadcast. When UDS1 = 3 and UDS2 = 1, the following
subfields shall be contained in MU:
1.4.4.1 ARA (active RAs). This 14-bit (41-54) subfield shall be coded as defined in 1.2.1.1.
1.4.4.2 RAC (RACs record). This 4-bit (55-58) subfield shall be coded as defined in 1.2.1.2.
1.4.4.3 RAT (RA terminated indicator). This 1-bit (59) subfield shall be coded as defined in
1.2.1.3.
1.4.4.4 MTE (multiple threat encounter). This 1-bit (60) subfield shall be coded as defined
in 1.2.1.4.
1.4.4.5 AID (Mode A identity code). This 13-bit (63-75) subfield shall denote the Mode A
identity code of the reporting aircraft.

Coding
Bit 63 64 65 66 67 68 69 70 71 72 73 74 75
Mode A code bit A4 A2 A1 B4 B2 B1 O C4 C2 C1 D4 D2 D1

Coding
Bit 77 77 78 79 80 81 82 83 84 85 86 87 88
Mode C code bit C1 A1 C2 A2 C4 A4 O B1 D1 B2 D2 B4 D4

Note.— Structure of MU for an RA broadcast:


33 37 41 55 59 60 61 63 76
UDS1=3 UDS2=0 ARA RAC RAT MTE -2- AID CAC
36 40 54 58 594 60 62 75 88

1.5 MV field. This 56-bit (33-88) field of long air-air surveillance replies (Figure 4- 1) shall
be used to transmit air-air coordination reply messages.
1.5.1 VDS (V-definition subfield). This 8-bit (33-40) subfield shall define the remainder of MV.
Note.— For convenience in coding, VDS is expressed in two groups of four bits each, VDS1
and VDS2.
1.5.2 Subfields in MV for a coordination reply. When VDS1 = 3 and VDS2 = 0, the following
subfields shall be contained in MV:
1.5.2.1 ARA (active RAs). This 14-bit (41-54) subfield shall be coded as defined in 1.2.1.1.
1.5.2.2 RAC (RACs record). This 4-bit (55-58) subfield shall be coded as defined in 1.2.1.2.
1.5.2.3 RAT (RA terminated indicator). This 1-bit (59) subfield shall be coded as defined in
1.2.1.3.
1.5.2.4 MTE (multiple threat encounter). This I-bit (60) subfield shall be coded as defined
in 1.2.1.4.
Note.— Structure of MV for a coordination reply:

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33 37 41 55 59 60 61
VDS1=3 VDS2=0 ARA RAC RAT MTE -28-
36 40 54 58 59 60 88

1.6 SL (sensitivity level report). This 3-bit (9-11) downlink field shall be included in both short
and long air-air reply formats (DF = 0 and 16). This field shall denote the sensitivity level at
which ACAS is currently operating.
Coding
0 ACAS inoperative
1 ACAS Is operating at sensitivity level 1
2 ACAS is operating at sensitivity level 2
3 ACAS is operating at sensitivity level 3
4 ACAS is operating at sensitivity level 4
5 ACAS is operating at sensitivity level 5
6 ACAS is operating at sensitivity level 6
7 ACAS is operating at sensitivity level 7

1.7 CC: Cross-link capability. This 1-bit (7) downlink field shall indicate the ability of the
transponder to support the cross-link capability, i.e. decode the contents of the DS field in an
interrogation with OF equals 0 and respond with the contents of the specified GICB register
in the corresponding reply with DF equals 16.
Coding
(c) signifies that the transponder cannot support the cross-link capability.
(d) signifies that the transponder supports the cross-link capability.

2. Standard altimetry error model


2.1 The errors in the simulated altitude measurements shall be assumed to be distributed
as a Laplacian distribution with zero mean having probability density

2.2 The parameter X, required for the definition of the statistical distribution of altimeter error
for each aircraft shall have one of two values, Xl and X2, which depend on the altitude layer
of the encounter as follows:
Layer 1 2 3 4 5 6
. m ft m ft m ft m ft m ft m ft
x1 10 35 11 38 13 43 17 58 22 72 28 94
x2 18 60 18 60 21 69 26 87 30 101 30 101

2.3 For an aircraft equipped with ACAS the value of ‫ ﮑ‬shall be ‫ﮑ‬l.
2.4 For aircraft not equipped with ACAS, the value of‫ ﮑ‬shall be selected randomly using the
following probabilities:

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Layer 1 2 3 4 5 6
prob(x1) 0.391 0.320 0.345 0.610 0.610 0.610
prob(x2) 0.609 0.680 0.655 0.390 0.390 0.390

3. ENCOUNTER CLASSES AND WEIGHTS


3.1 Aircraft address. Each aircraft shall be equally likely to have the higher aircraft address.
3.2 Altitude layers. The relative weights of the altitude layers shall be as follows:
Layer 1 2 3 4 5 6
prob(layer) 0.13 0.25 0.32 0.22 0.07 0.01

3. 3 Encounter classes
3.3.1 The encounters shall be classified according to whether the aircraft are level (L) or
transitioning (T) at the beginning (before tca) and end (after tca) of the encounter window
and whether or not the encounter is crossing, as follows:
Class Aircraft No. 1 Aircraft No. 2 .
before tca after tca before tca after tca Crossing
1 L L T T yes
2 L L L T yes
3 L L T L yes
4 T T T T yes
5 L T T T yes
6 T T T L yes
7 L T L T yes
8 L T T L yes
9 T L T L yes
10 L L L L no
11 L L T T no
12 L L L T no
13 L L T L no
14 T T T T no
15 L T T T no
16 T T T L no
17 L T L T no
18 L T T L no
19 T L T L no

3.3.2 The relative weights of the encounter classes shall depend on layer as follows:
Class for calculating risk ratio for ATM compatibility
Layers 1-3 Layers 4-6 Layers 1-3 Layers 4-6
1 0.00502 0.00319 0.06789 0.07802
2 0.00030 0.00018 0.00408 0.00440
3 0.00049 0.00009 0.00664 0.00220
4 0.00355 0.0027 0.04798 0.06593
5 0.00059 0.00022 0.00791 0.00549
6 0.00074 0.00018 0.00995 0.00440
7 0.00002 0.00003 0.00026 0.00082
8 0.00006 0.00003 0.00077 0.00082
9 0.00006 0.00003 0.00077 0.00082
10 0.36846 0.10693 0.31801 0.09011
11 0.26939 0.41990 0.23252 0.35386
12 0.06476 0.02217 0.05590 0.01868
13 0.07127 0,22038 0.06151 0.18571
14 0.13219 0.08476 0.11409 0.07143
15 0.02750 0.02869 0.02374 0.02418

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16 0.03578 0.06781 0.03088 0.05714


17 0.00296 0.00098 0.00255 0.00082
18 0.00503 0.00522 0.00434 0.00440
19 0.01183 0.03651 0.01021 0.03077

3.4 vmd bins


3.4.1 The vmd of each encounter shall be taken from one of ten vmd bins for the noncrossing
encounter classes, and from one of nine or ten vmd bins for the crossing encounter classes.
Each vmd bin shall have an extent of 100 ft for calculating risk ratio, or an extent of 200 ft
for calculating compatibility with ATM. The maximum vmd shall be 1 000 ft for calculating
risk ratio, and 2 000 ft otherwise.
3.4.2 For non-crossing encounter classes, the relative weights of the vmd bins shall be as
follows:
vmd bin for calculating risk ratio for ATM compatibility
1 0.013 0.128
2 0.026 0.135
3 0.035 0.209
4 0.065 0.171
5 0.100 0.160
6 0.161 0.092
7 0.113 0.043
8 0.091 0.025
9 0.104 0.014
10 0.091 0.009

Note.- The weights for the vmd bins do not sum to 1.0. The weights specified are based on an
analysis of encounters captured in ATC ground radar data. The missing proportion reflects
the fact that the encounters captured included some with vmd exceeding the maximum vmd
in the model.
3.4.3 For the crossing classes, the relative weights of the vmd bins shall be as follows:
vmd bin for calculating risk ratio for ATM compatibility
1 0 0.064
2 0.026 0.144
3 0.036 0.224
4 0.066 0.183
5 0.102 0.171
6 0.164 0.098
7 0.115 0.046
8 0.093 0.027
9 0.106 0.015
10 0.093 0.010

Note.- For the crossing classes, vmd must exceed 100 ft so that the encounter qualifies as
a crossing encounter. Thus, for the calculation of risk ratio there is no vmd bin 1, and for
calculations of the compatibility with ATM vmd bin 1 is limited to [100 ft, 200 ft].

4. CHARACTERISTICS OF THE AIRCRAFT TRAJECTORIES IN THE VERTICAL PLANE


4.1 vmd. The vmd for each encounter shall be selected randomly from a distribution that is
uniform in the interval covered by the appropriate vmd bin.
4.2 Vertical rate
4.2.1 For each aircraft in each encounter, either the vertical rate shall be constant (ż) or the
vertical trajectory shall be constructed so that the vertical rate at tca - 35 s is ż1 and the
vertical rate at tca+ 5 s is ż2. Each vertical rate, ż, ż1, or ż2, shall be determined by first

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selecting randomly an interval within which it lies and then selecting the precise value from
a distribution that is uniform over the interval selected.
4.2.2 The intervals within which the vertical rates lie shall depend on whether the aircraft is
level or transitioning and shall be as follows:
L T
[240 ft/min. 400 ft/min] [3200 ft/min. 6000 ft/min]
[80 ft/min. 240 ft/min] [400 ft/min. 3200 ft/min]
(-80 ft/min. 80 ft/min] [-400 ft/min. 400 ft/min]
[-240 ft/min 80 ft/min] [-3200 ft/min. 400 ft/min]
[-400 ft/min. 240 ft/min] [-6000 ft/min. 3200 ft/min]

4.2.3 For aircraft that are level over the entire encounter window, the vertical rate ż shall be
constant. The probabilities for the intervals within which ż lies shall be as follows:
z (ft/min) prob (z)
[240 ft/min. 400 ft/min] 0.0382
[80 ft/min. 240 ft/min] 0.0989
[80 ft/min. 80 ft/min] 0.7040
[-240 ft/min 80 ft/min] 0.1198
[-400 ft/min. 240 ft/min] 0.0391

4.2.4 For aircraft that are not level over the entire encounter window, the intervals for ż1 and
ż2 shall be determined jointly by random selection using joint probabilities that depend on
altitude layer and on whether the aircraft is transitioning at the beginning of the encounter
window (Rate-to-Level), at the end of the encounter window (Level-to-Rate) or at both the
beginning and the end (Rate-to-Rate). The joint probabilities for the vertical rate intervals
shall be as follows;
– for aircraft with Rate-to-Level trajectories in layers 1 to 3,
z2Interval Joint probability of z1 and z2interval
[240 ft/min. 400 ft/min] 0.0019 0.0169 0.0131 0.1554 0.0000
[80 ft/min. 240 ft/min] 0.0000 0.0187 0.0019 0.1086 0.0000
[-80 ft/min. 80 ft/min] 0.0037 0.1684 0.0094 0.1124 0.0075
[-240 ft/min -80 ft/min] 0.0037 0.1461 0.0094 0.0243 0.0037
[-400 ft/min. -240 ft/min] 0.0000 0.1742 0.0094 0.0094 0.0019
-6000 ft/min -3200 ft/min -400 ft/min 400 ft/min 3200 ft/min 6000 ft/min
z1

– for aircraft with Rate-to-Level trajectories in layers 4 to 6,


z2Interval Joint probability of z1 and z2interval
[240 ft/min. 400 ft/min] 0.0105 0.0035 0.0000 0.1010 0.0105
[80 ft/min. 240 ft/min] 0.0035 0.0418 0.0035 0.1776 0.0279
[-80 ft/min. 80 ft/min] 0.0279 0.1219 0.0000 0.2403 0.0139
[-240 ft/min -80 ft/min] 0.0035 0.0767 0.0000 0.0488 0.0105
[-400 ft/min. -240 ft/min] 0.0105 0.0453 0.0035 0.0174 0.0000
-6000 ft/ -3200 ft/ -400 ft/min 400 ft/min 3200 ft/min 6000 ft/min
min min
ż1

– for aircraft with Level-to-Rate trajectories in layers 1 to 3,

ż2Interval
Joint probability of ż1 and ż2interval
[3200 ft/min. 6000 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000

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[400 ft/min. 3200 ft/min] 0.0074 0.0273 0.0645 0.0720 0.1538


[–400 ft/min. 400 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000
[-3200 ft/min -400 ft/min] 0.2978 0.2084 0.1365 0.0273 0.005
[-6000 ft/min. -3200 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000
-400 ft/min -240 ft/min -80 ft/min 80 ft/min 240 ft/min 400 ft/min
ż1

–for aircraft with Level-to-Rate trajectories in layers 4 to 6,


ż2Interval
Joint probability of ż1 and ż2interval
[3200 ft/min. 6000 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0192
[400 ft/min. 3200 ft/min] 0.0000 0.0000 0.0962 0.0577 0.1154
[–400 ft/min. 400 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000
[-3200 ft/min -400 ft/min] 0.1346 0.2692 0.2308 0.0577 0.0192
[-6000 ft/min. -3200 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000
-400 ft/min -240 ft/min -80 ft/min 80 ft/min 240 ft/min 400 ft/min
ż1

for aircraft with Rate-to-Rate trajectories in layers 1 to 3,


ż2Interval
Joint probability of ż1 and ż2interval
[3200 ft/min. 6000 ft/min] 0.0000 0.0000 0.0007 0.0095 0.0018
[400 ft/min. 3200 ft/min] 0.0000 0.0018 0.0249 0.2882 0.0066
[-400 ft/min. 400 ft/min] 0.0000 0.0000 0.0000 0.0000 0.0000
[-3200 ft/min -400 ft/min] 0.0048 0.5970 0.0600 0.0029 0.0011
[-6000 ft/min. -3200 ft/min] 0.0000 0.0007 0.0000 0.0000 0.0000
-6000 ft/ -3200 ft/ -400 ft/min 400 ft/min 3200 ft/min 6000 ft/min
min min
ż1

–for aircraft with Rate-to-Rate trajectories in layers 4 to 6,

ż2Interval
Joint probability of ż1 and ż2interval
[3200 ft/min. 6000 ft/min] 0.0014 0.0000 0.0028 0.0110 0.0069
[400 ft/min. 3200 ft/min] 0.0028 0.0028 0.0179 0.4889 0.0523
[-400 ft/min. 400 ft/min] 0.0000 0.0000 0.0000 0.0000 0
[-3200 ft/min -400 ft/min] 0.0317 0.3029 0.0262 0.0152 0.0028
[-6000 ft/min. -3200 ft/min] 0.0110 0.0220 0.0014 0.0000 0
-6000 ft/ -3200 ft/ -400 ft/min 400 ft/min 3200 ft/min 6000 ft/min
min min
ż1

4.2.5 For a Rate-to-Rate track, if line [ż2 – ż1 < 566 ft/min then the track shall be constructed
with a constant rate equal to ż1.
4.3 Vertical acceleration
4.3.1 For aircraft that are not level over the entire encounter window, the rate shall be
constant and equal to fl over at least the interval [tca - 40 s, tca– 35 s] at the beginning of the
encounter window, and shall be constant and equal to ż2 over at least the interval [tca+ 5

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s, tca+ 10 s] at the end of the encounter window. The vertical acceleration shall be constant
in the intervening period.
4.3.2 The vertical acceleration (ž) shall be modelled as follows:; The vertical acceleration
( 2 ) shall be modelled as follows:
ž = {Až2 – ž1) + ɛ ɛ ɛ є ɛ
where the parameter A is case-dependent as follows;
1
A(S )
Case Layers 1-3 Lasers 4-6
.
Rate-to-Level 0.071 0.059
Level-to-Rate 0.089 0.075
Rate-to-Rate 0.083 0.072

and the error ɛ is selected randomly using the following probability density;

Where
2
µ = 0.3 ft s .
Note.— The sign of the acceleration zis determined by ż l and ż2. An error ɛ that reverses
this sign must be rejected and the error reselected.
4.4 Acceleration start time. The acceleration start time shall be distributed uniformly in the
time interval [tca— 35 s, tca— 5 s] and shall be such that ż2 is achieved no later than tca+ 5 s.

5. CHARACTERISTICS OF THE AIRCRAFT TRAJECTORIES IN THE HORIZONTAL


PLANE
5.1 Horizontal miss distance
5.1.1 For calculations of the effect of ACAS on the risk of collision, hmd shall be uniformly
distributed in the range [0, 500 ft].
5.1.2 For calculations concerning the compatibility of ACAS with ATM, hmd shall be
distributed so that the values of hmd have the following cumulative probabilities
cumulative probability cumulative probability
hmd (ft) Layers 1-3 Layers 4-6 hmd (ft) Layers 1-3 Layers 4-6
0 0.000 0.000 17013 0.999 0.868
1215 0.152 0.125 18228 1.000 0.897
2430 0.306 0.195 19443 0.916
3646 0.482 0.260 20659 0.927
4860 0.631 0.322 21874 0.939
6076 0.754 0.398 23089 0.946
7921 0.859 0.469 24304 0.952
8506 0.919 0.558 25520 0.965
9722 0.954 0.624 26735 0.983

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10937 0.972 0.692 27950 0.993


12152 0.982 0.753 29165 0.996
13367 0.993 0.801 30381 0.999
14582 0.998 0.821 31596 1.000
15798 0.999 0.848

5.2 Approach angle. The cumulative distribution for the horizontal approach angle shall be
as follows:
approach cumulative probability approach cumulative probability angle (deg.) Layers 1- 3
Layers 4-6 angle (deg.) Layers 1-3 Layers 4-6
approach cumulative probability approach cumulative probability
angle (deg.) Layers 1-3 Layers 4-6 angle (deg.) Layers 1-3 Layers 4-6
0 0.00 0.00 100 0.38 0.28
10 0.14 0.05 110 0.43 0.31
20 0.17 0.06 120 0.49 0.35
30 0.18 0.08 130 0.55 0.43
40 0.19 0.08 140 0.62 0.50
50 0.21 0.10 150 0.71 0.59
approach cumulative probability approach cumulative probability
angle (deg.) Layers 1-3 Layers 4-6 angle (deg.) Layers 1-3 Layers 4-6
60 0.23 0.13 160 0.79 0.66
70 0.25 0.14 170 0.88 0.79
80 0.28 0.19 180 1.00 1.00
90 0.32 0.22

5.3 Aircraft speed. The cumulative distribution for each aircraft's horizontal ground speed at
closest approach shall be as follows:
cumulative probability cumulative probability
(ground speed Layers 1-3 Layers 4-6 (ground speed Layers 1-3 Layers 4-6
kl) kl)
45 0.000 . 325 0.977 0.528
50 0.005 . 350 0.988 0.602
75 0.024 0.000 375 0.997 0.692
100 0.139 0.005 400 0.998 0.813
125 0.314 0.034 425 0.999 0.883
150 0.486 0.064 450 1.000 0.940
175 0.616 0.116 475 0.972
200 0.700 0.171 500 0.987
225 0.758 0.211 525 0.993
250 0.821 0.294 550 0.998
275 0.895 0.361 575 0.999
300 0.895 0.427 600 1.000

5.4 Horizontal manoeuvre probabilities. For each aircraft in each encounter, the probability
of a turn, the probability of a speed change given a turn, and the probability of a speed
change given no turn shall be as follows:
Prob(speed change) Prob(speed change)
Layer Prob(turn) given a turn given no turn
1 0.31 0.20 0.5
2 0.29 0.20 0.25
3 0.022 0.10 0.15
4,5,6 0.16 0.05 0.10

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5.4.1 Given a speed change, the probability of a speed increase shall be 0.5 and the
probability of a speed decrease shall be 0.5.

5.5 Turn extent. The cumulative distribution for the extent of any turn shall be as follows:
cumulative probability
Turn extent Layers 1-3 Layers 4-6
(deg)
15 0.00 0.00
30 0.43 0.58
60 0.75 0.90
90 0.88 0.97
120 0.95 0.99
150 0.98 1.00
180 0.99
210 1.00

5.5.1 The direction of the turn shall be random, with the probability of a left turn being 0.5
and the probability of a right turn being 0.5.

5.6 Bank angle. An aircraft's bank angle during a turn shall not be less than 15 degrees. The
probability that it equals 15 degrees shall be 0.79 in layers 1-3 and 0.54 in layers 4-5. The
cumulative distribution for larger bank angles shall be as follows:
Cumulative probability
Bank angle Layers 1-3 Layers 4-6
(deg.)
15 0.79 0.54
25 0.96 0.82
35 0.99 0.98
50 1.00 1.00

5.7 Turn end time. The cumulative distribution for each aircraft's turn end time shall be as
follows:
Turn end time Cumulative probability
(seconds before tca) Layers 1-3 Layers 4-6
0 0.42 0.28
5 0.64 0.65
10 0.77 0.76
15 0.86 0.85
20 0.92 0.94
25 0.98 0.99
30 1.00 1.00

5.8 Speed change. A constant acceleration or deceleration shall be randomly selected for
each aircraft performing a speed change in a given encounter, and shall be applied for the
duration of the encounter. Accelerations shall be uniformly distributed between 2 kt/s and 6
kt/s. Decelerations shall be uniformly distributed between 1 kt/s and 3 kt/s.

6. COMPATIBILITY WITH AIR TRAFFIC MANAGEMENT (ATM)


An RA shall be considered a "nuisance" for the purposes of sub-regulation (1) unless, at
some point in the encounter in the absence of ACAS, the horizontal separation and the
vertical separation are simultaneously less than the following values;
Horizontal Vertical \Separation
Separation
above FL100 2.0 NM 750 ft

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below FL 100 1.2 NM 750 ft

6. DEVIATIONS CAUSED BY ACAS


The collision avoidance logic shall be such that the number of RAs resulting in "deviations"
greater than the values indicated shall not exceed the following proportions of the total
number of RAs:
When own aircraft's vertical rate at the time
the RA is first issued
when the intruder is not ACAS equipped Is less than 400ft/min exceeds 400ft/min
. .
for deviations >300 ft
0.15 0.23
for deviations >600 ft 0.04 0.13
for deviations >1000 ft 0.01 0.07
. .
.
when the intruder is equipped but does not . .
respond. . .
. .
for deviations >300 ft
0.23 0.35
for deviations >600 ft 0.06 0.16
for deviations >1000 ft 0.02 0.07
. .
.
when the intruder is equipped and . .
responds . .
0.11 0.23
for deviations >300 ft
0.02 0.12
for deviations >600 ft 0.01 0.06
for deviations >1000 ft .
.

8. ACAS USE OF EXTENDED SQUITTER


Full active surveillance. If the following condition is met for a track being updated via passive
surveillance data
a) |a| ≤ 10000 ft and both;
b) |a| ≤ 3 000 ft or |a – 3 000 ft| / |a| ≤ 60 s; and
c) r ≤ 3 NM or (r – 3 NM) / |r| ≤ 60 s:
Where:
a = intruder altitude separation In ft
à = altitude rate estimate in fits
r = Intruder slant range in NM
ɛ ŕ ſ ɛ ɛ ɛ = range rate estimate in NM/s
The aircraft shall be declared an active track and shall be updated on active range
measurements once per second for as long as the above condition is met.

EIGHTH SCHEDULE
[Regs. 88, 91, 92, 98.]

ADS-B

1.1. FIGURE 1-1: ADS-B/TIS-B SYSTEM FUNCTIONAL MODE

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1.9 TABLE 1-1: ADS-B CLASS A EQUIPMENT CHARACTERISTICS


Equipment Minimum Maximum airborne or Minimum extended squitter
class transit power transit power surface capability required (see Note
(at antenna (at antenna 2)
terminal) terminal)
. . . . Airborne position
. . . . Aircraft identification and
. . . Airborne category
. . . . Airborne velocity
A0 (Minimum) 18.5 dBW 27dBW . Aircraft operational status
(see Note 1) . Extended squitter aircraft
. . status
. Surface Surface position
. . Aircraft identification and
. . category
. . Aircraft operational status
. Extended squitter aircraft
. status
. . . . Airborne position
. . . . Aircraft identification and
. . . Airborne category
. . . . Airborne velocity
. . . . Aircraft operational status
A1 (Basic) 21 dBW 27dBW . Extended squitter aircraft
. . status
. . Surface position
. . Aircraft identification and
. Surface category
. . Aircraft operational status
. . Extended squitter aircraft
. . status
.
. . . . Airborne position

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. . . . Aircraft identification and


. . . Airborne category
. . . . Airborne velocity
A2 21 dBW 27dBW . Aircraft operational status
(Enhanced) . . Extended squitter aircraft
. . status
. . Surface position
. . Aircraft identification and
. Surface category
. . Aircraft operational status
. . Extended squitter aircraft
. . status
. . . . Airborne position
. . . . Aircraft identification and
. . . . category
. . . . Airborne velocity
A3 (Extended) 23 dBW 27dBW Airborne Aircraft operational status
. . Extended squitter aircraft
. . status
. . Surface position
. . Aircraft identification and
. . category
. . Aircraft operational status
. Surface Extended squitter aircraft
. . status
.

Note 1.— See 1.10.2 of the Third Schedule for restrictions on the use of this category of
Mode S transponder.
Note 2.— The extended squitter messages applicable to Class A equipment are defined in
the Technical Provisions for Mode S Services and Extended Squitter (ICAO Doc 9871).

1.10 Table 1-2: ADS-B Class B equipment characteristics–


Equipment Minimum Maximum airborne or Minimum extended squitter
class transit power transit power surface message capability required
. (at antenna (at antenna
terminal) terminal)
. . . . Airborne position
. . . . Aircraft identification and
. . . Airborne category
. . . . Airborne velocity
B0 (Airborne) 18.5 dBW 27dBW . Aircraft operational status
. (see Note 1) . Extended squitter aircraft
. . status
. . Surface position
. . Aircraft identification and
. Surface category
. . Aircraft operational status
. . Extended squitter aircraft
. . status
. . . . Airborne position
. . . . Aircraft identification and
. . . Airborne category
. . . . Airborne velocity
B1 (Airborne) 21 dBW 27dBW . Aircraft operational status
. .

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. . Extended squitter aircraft


. . status
. . Surface position
. Surface Aircraft identification and
. . category
. . Aircraft operational status
. . Extended squitter aircraft
status
. . . . Surface position
. . 18.5 dBW Surface Aircraft identification and
B2 Low . (see Note 2) category
(Ground 8.5 dBW . Aircraft operational status
Vehicle)
. . . . Surface position
B2 (Ground 18.5 dBW . Surface Aircraft identification and
Vehicle) 27 dBW category
. (see Note 2) Aircraft operational status
. .
. . . . Surface position
B3 (Fixed 18.5 dBW . Airborne (see Aircraft identification and
Obstacle) 27 dBW Note 3) category
. (see Note 2) Aircraft operational status
. .

Note 1.— See 1.10.2 of the Third Schedule for restrictions on the use of this category of
Mode S transponder.
Note 2.— The appropriate ATS authority is expected to get the maximum power level
permitted.
Note 3.— Fixed obstacles use the airborne ADS-B message formats since knowledge of
their location is of primary interest to airborne aircraft.

1.11 TABLE 1-3: RECEPTION PERFORMANCE FOR AIRBORNE RECEIVING SYSTEMS

Receive Intended Receive Reception Required extended Required extended


class air-to-air minimum technique squitter ADS-B squitter TIS-B
. operational trigger (see Note message support message support
range threshold 2) .
level .
(MTL) (see .
Note 1) .
. . . . Airborne position Fine airborne position
A0 (Basic 10 NM -72 dBM Standard Surface position Coarse airborne
VFP) Airborne velocity position
. Aircraft identification Fine Surface position
. and category Aircraft identification
. Extended squitter and category
. airborne status Airborne velocity
. Aircraft operational Management
. status
. . . . Airborne position Fine airborne position
A1 20 NM -79 dBM Enhanced Surface position Coarse airborne
(Basic IFP) . Airborne velocity position
. Aircraft identification Fine Surface position
. and category Aircraft identification
. and category

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. Extended squitter Airborne velocity


. airborne status Management
. Aircraft operational
status
. . . . Airborne position Fine airborne position
A2 40 NM -79 dBM Enhanced Surface position Coarse airborne
(Enhanced . Airborne velocity position
IFR) . Aircraft identification Fine Surface position
. and category Aircraft identification
. Extended squitter and category
. airborne status Airborne velocity
. Aircraft operational Management
. status
. Target state and
. status
. . . . Airborne position Fine airborne position
A3 90 NM -84 dBM Enhanced Surface position Coarse airborne
(Extended (and -87 Airborne velocity position
capability) dBM Aircraft identification Fine Surface position
at 15% and category Aircraft identification
probability Extended squitter and category
of airborne status Airborne velocity
reception) Aircraft operational Management
. status
. Target state and
. status

Note 1.–Specific MTL is referenced to the signal level at the output terminal of the antenna,
assuming a passive antenna. If electronic amplification is integrated into the antenna
assembly, then the MTL is referenced at the input to the amplifier. For Class A3 receivers,
a second performance level is defined at a received signal level of -87 dBm where 15 per
cent of the messages are to be successfully received. MTL values refer to reception under
non interference conditions.
Note 2.–The extended squitter receiver reception techniques are defined in regulation 92.
"Standard" reception techniques refer to the baseline techniques, as required for ACAS
1 090 MHz receivers that are intended to handle single overlapping Mode A/C fruit.
"Enhanced" reception techniques refer to techniques intended to provide improved reception
performance in the presence of multiple overlapping Mode A/C fruit and improved decoder
retriggering in the presence of overlapping stronger Mode S fruit. The requirements for the
enhanced reception techniques that are applicable to the specific airborne receiver classes
are defined in regulation 92.

1.12 TABLE 2-4: MODE S EXTENDED SQUITTER AIRBORNE RECEIVING SYSTEM


REPORTING REQUIREMENTS
Receiver Class Minimum ADS-B reporting Minimum TIS reporting
requirements requirements
AO (basic VFR) ADS-B state vector report TIS-B report and TIS-B
and ADS-B mode status management report
report
Al (Basic IFR) ADS-B state vector report TIS-B report and TIS-B
and ADS-B mode status management report
report and ADS-B air
referenced velocity report
(ARV)
A2 (Enhanced IFR) ADS-B state vector report TIS-B report and TIS-B
and ADS-B mode status management report

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report and ARV report and


ADS-B target state report
A3 (Extended capability) ADS-B state vector report TIS-B report and TIS-B
and ADS-B mode status management report
report and ARV report and
ADS-B target state report

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