Professional Documents
Culture Documents
21 OF 2013
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No. 21 of 2013 [Rev. 2017]
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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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(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
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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
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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
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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).
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(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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(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
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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
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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
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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
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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
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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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(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—
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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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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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(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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(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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(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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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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FIRST SCHEDULE
[Regulation 44.]
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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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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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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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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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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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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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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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"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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"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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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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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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"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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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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(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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(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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(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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(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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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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(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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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
of the Operator; or
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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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(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
to or more than the visibility minima prescribed for that procedure; and
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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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(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
conditions require its use;
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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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(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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(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;
(iii) push, shove, pull, or otherwise open emergency exits;
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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
passenger information cards and the functions to be performed in an emergency.
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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
load limitation for those components;
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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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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.
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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.
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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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(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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(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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(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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(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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(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 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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(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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(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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(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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(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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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
regulation, although where the Authority decides that a technical evaluation
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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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(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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(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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(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
for action.
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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
suit the size and complexity of its training and allocate resources accordingly.
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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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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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(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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[Regulations 18(4) and 25(3).]
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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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[Regulations 50(8), (9), (11) and (12).]
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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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“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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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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(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
achieved; and
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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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(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
accordance with requirements prescribed by the Authority.
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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
Authority;
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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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(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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(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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(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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(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
fuselage (or equivalent structure); and
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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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FIRST SCHEDULE
[Regulation 3(1).]
CLASSIFICATION OF AIRCRAft
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SECOND SCHEDULE
Regulation 30
PENALTIES
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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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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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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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(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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(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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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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(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))
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SECOND SCHEDULE
(r.6(1))
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(rr. 7(2), 9(4) and 22 (3))
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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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(r. 36(1))
AMENDED REGULATIONS
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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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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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"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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(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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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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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;
and
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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.
(2) A record required to be kept under subregulation (1), shall—
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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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(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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(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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(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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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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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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(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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(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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(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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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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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)
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:
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THIRD SCHEDULE
(r.39)
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
1.2 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.
1.5 A list and brief description of the various operations manual parts, their contents,
applicability and use.
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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.
5.0 DOCUMENTATION
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Part D - Training
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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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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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“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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“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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(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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(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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(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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(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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(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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(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
required for the initial issue of a pilot licence or the issue of a higher grade of pilot licence.
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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
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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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(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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(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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(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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(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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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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(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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(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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(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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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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(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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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) 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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(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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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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(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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(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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(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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(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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(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).]
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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)]
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THIRD SCHEDULE
[Regulations 61, 62(2) and 63(3).]
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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)]
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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)]
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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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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.
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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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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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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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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.
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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.
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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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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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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
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
1.8.8. 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).
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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
Sensitivity level 2 3 4 5 6 7
Nominal warning time no RAs 15s 20s 25s 30s 35s
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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.
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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.]
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).]
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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:
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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1.4.2.6 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
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.
2.2 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. 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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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].
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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
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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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.
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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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No. 21 of 2013 [Rev. 2017]
Civil Aviation
[Subsidiary]
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.
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[Rev. 2017] No. 21 of 2013
Civil Aviation
[Subsidiary]
EIGHTH SCHEDULE
[Regs. 88, 91, 92, 98.]
ADS-B
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No. 21 of 2013 [Rev. 2017]
Civil Aviation
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[Rev. 2017] No. 21 of 2013
Civil Aviation
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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).
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No. 21 of 2013 [Rev. 2017]
Civil Aviation
[Subsidiary]
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.
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[Rev. 2017] No. 21 of 2013
Civil Aviation
[Subsidiary]
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.
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No. 21 of 2013 [Rev. 2017]
Civil Aviation
[Subsidiary]