Civil Aviation Cap 394 - as Plain Text by MWakili
LAWS OF KENYA CIVIL AVIATION ACT CHAPTER 394 Revised Edition 2012 [1987] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.
2012] CAP.
394 Civil Aviation CHAPTER 394 CIVIL AVIATION ACT ARRANGEMENT OF SECTIONS Section 1.
Short title.
2.
Interpretation and application.
3.
Establishment of the Kenya Civil Aviation Authority.
3A.
Objectives of the Authority.
3B.
Functions of the Authority.
3C.
Powers of the Authority.
4.
Board of Directors.
4A.
Termination of appointment of Directors.
4B.
Functions of the Board.
4C.
Powers of the Board.
4D.
Meetings of the Board.
4E.
Common seal of the Authority.
5.
Director-General.
5A.
Powers of the Director-General.
5B.
Delegation by the Director-General.
5C.
Corporation Secretary.
5D.
Staff of the Authority.
5E.
Protection from personal liability.
5F.
Liability for damages.
6.
Principles of operation.
6A.
Funds of the Authority.
6B.
Commercial ventures.
6C.
Annual estimates.
6D.
Business plan.
6E.
Borrowing powers.
6F.
Financial year.
6G.
Records and accounts of the Authority.
6H.
Annual report by the Authority.
6I.
Charges and fees.
6J.
Collection of revenue from agents.
6K.
Recovery of levies by distress.
7.
Contracting out.
7A.
Consultation with users and departments.
7B.
Authorization to provide air operator of air navigation services.
7C.
Inspection of aircraft.
7D.
Acquisition of land for purposes of the Authority.
7E.
Limitation of actions.
7F.
Restriction in the execution against property of the Authority.
3 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation Section 7G.
Service of notice on the Director-General.
7H.
Imperilling the safety of aircraft and persons on board.
7I.
Drunkenness in aircraft or on duty.
7J.
Exemption.
7K.
Transfer of Government assets and liabilities and certain staff to the Authority.
8.
Powers of the Minister.
8A.
International obligations.
8B.
Inspection and assessment.
8C.
Regulations.
9.
Restriction of building in declared areas.
10.
Control of structures, etc., on or near aerodromes.
11.
Deleted.
12.
Nuisance and liability for damage.
13.
Deleted.
14.
Dangerous flying.
15.
Exemption from seizure of certain aircraft on patent claims.
16.
Detention of aircraft.
17.
Jurisdiction.
18.
Repealed.
19.
Liability of directors and officers of corporations.
20.
Application of regulations to state aircraft.
21.
Transitional and savings provisions.
21A.
Employees of Directorate of Civil Aviation.
21B.
Contracts, etc., on behalf of the Authority before commencement of the Act.
21C.
Recovery of debts.
22.
Repealed.
SCHEDULES FIRST SCHEDULE PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD SECOND SCHEDULE [Issue 1] 4 [Rev.
2012] CAP.
394 Civil Aviation CHAPTER 394 CIVIL AVIATION ACT [Date of assent: 8th December, 1977.] [Date of commencement: 16th December, 1977.] An Act of Parliament to make provision for the control, regulation and orderly development of civil aviation in Kenya and for matters incidental thereto or connected therewith [Act No.
22 of 1977, Act No.
13 of 1978, Act No.
18 of 1979, Act No.
3 of 1991, Act No.
6 of 2002, Act No.
4 of 2004.] 1.
Short title This Act may be cited as the Civil Aviation Act, 1977.
2.
Interpretation and application (1) In this Act, unless the context otherwise requires accident means any 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, in which (a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or (b) the aircraft receives substantial damage; aerial work means any purpose other than public transport for which an aircraft is flown if hire or reward is given or promised in respect of the flight or the purpose of the flight; aerodrome means any defined area on land or 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 Minister may by notice in the Gazette declare to be an aerodrome; 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 earths surface, and includes all flying machines, aeroplanes, gliders, seaplanes, rotocrafts, airships, balloons, gyroplanes, helicopters, ornithopters and other similar machines, but excludes state aircraft; air navigation services means (a) communication services, whether ground to air or ground to ground, provided for the safety of aircraft; (b) navigational services, that is to say radio, radar and visual aids to navigation; (c) air traffic services provided for the safety of aircraft; and (d) aeronautical information services; 5 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation air route means navigable airspace between two points and the terrain beneath such air space identified, to the extent necessary, for the application of flight rules; air transport enterprise includes persons, corporate bodies and unincorporated bodies, companies, firms, partnerships, societies and associations, now or hereafter operating an air transport service for public hire, under proper authority, in the transport of passengers, mail or cargo; air transport service means any air service performed by aircraft for the public transport of passengers, mail or cargo; airway means a designated control area or portion thereof established in the form of a corridor; authorized employee means an employee authorized by the Director- General to exercise the powers or perform the duties and functions in respect which the expression is used; Authority means the Kenya Civil Aviation Authority established under section 3; aviation security means a combination of measures, human and material resources intended to safeguard civil aviation against acts of unlawful interference; Board means the Board of Directors of the Authority constituted under section 4; cargo means any movable property carried in an aircraft; Chairman means the Chairman of the Board of Directors of the authority appointed under section 4(1); charges means all sums received or receivable, charged or chargeable under this Act or subsidiary legislation made thereunder for any service performed or facilities provided by the Authority; Chicago Convention means the Convention on International Civil Aviation concluded at Chicago on the 7th December, 1944; controlled area means a controlled airspace extending upwards from a specified limit above the earth; convention means any international convention or protocol and any annex thereto relating to civil aviation to which Kenya is a signatory or has acceded, or to which Kenya is in any way a party, whether made, concluded, signed or acceded to before or after the commencement of this Act, and includes the Chicago Convention; crew includes any person assigned by the owner to duty on an aircraft during flight; Director deleted by Act No.
6 of 2002, s.
2); Director-General means the Director-General of the Authority appointed under section 5; [Issue 1] 6 [Rev.
2012] CAP.
394 Civil Aviation financial year means the period of twelve months ending on the thirtieth June in each year; Government aerodrome means an aerodrome under the control of the Government; Kenya aircraft means an aircraft registered in Kenya; Kenya Airports Authority means the Authority by that name established by the Kenya Airports Authority Act (Cap.
395); licence includes any certificate, permit or document, howsoever named, authorising any person to do or to omit to do anything under this Act; Minister means the Minister for the time being responsible for matters relating to civil aviation; operator in relation to an aircraft, means the person having the management of the aircraft for the time being or, in relation to time, at the time; owner means, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered or licensed, and includes any person who is or has been acting as agent in Kenya for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time; passenger means any person being conveyed by an aircraft who is not a member of the crew; private aerodrome means an aerodrome other than an aerodrome under the control of Government, Governmental agency, local authority, military or police; publication includes information given in any of the following publications issued, whether before or after the commencement of this Act, that is (i) notices to airmen; (ii) aeronautical information publications; (iii) notices to licensed aircraft maintenance engineers and to owners of civil aircraft; (iv) civil aviation publications ; (v) aeronautical information circulars ; (vi) manuals of air traffic control instructions; and (vii) such other official publications issued for the purpose of enabling any of the provisions of this Act to be complied with; public transport means the carriage of passengers or cargo for hire or reward; rates includes all sums which may, under the provisions of this Act, be levied for, or in respect of any aircraft or any other service performed or facility provided by the Authority; 7 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation revenue means any levy, rate, charge or fee imposed by the Authority under this Act; revenue collector means the Commissioner-General of the Kenya Revenue Authority, or, if it ceases to be a function of the Kenya Revenue Authority to collect revenue under this Act, the Kenya Civil Aviation Authority or such other person or body whose function it is to collect revenue under this Act; rocket means any projectile for projection through the air by the combustion of its own contents and having a total weight before firing of more than 2.2 kilogrammes; State aircraft means (a) aircraft in the military service of Kenya or any other state and aircraft that are commanded by members of the military forces of Kenya or such a state who are detailed for the purpose of commanding such aircraft; and (b) aircraft used in the customs or police service of Kenya or any other state.
(2) Any reference in this Act to goods or articles shall be construed as including a reference to baggage, mail and animals.
(3) The provisions of this Act and of regulations made thereunder shall, except where expressly or by implication excluded, apply to (a) all aircraft whilst in or over any part of Kenya; and (b) all Kenya aircraft and the crew and other persons on board wherever they may be.
(4) The provisions of this Act shall, except where expressly included, not apply to state aircraft.
(5) Notwithstanding the provisions of subsection (4), in the interest of aviation safety, all aircraft shall be subject to the requirements of this Act as to rules of the air and air traffic control.
[Act No.
6 of 2002, s.
2, Act No.
4 of 2004, s.
63.] 3.
Establishment of the Kenya Civil Aviation Authority (1) There is established an Authority to be known as the Kenya Civil Aviation Authority.
(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; (c) borrowing money; (d) entering into contracts; (e) doing or performing all such other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.
[Act No.
6 of 2002, s.
3.] [Issue 1] 8 [Rev.
2012] CAP.
394 Civil Aviation 3A.
Objectives of the Authority The object and purpose for which the Authority is established shall be to plan, develop, manage, regulate and operate a safe, economical, and efficient civil aviation system in Kenya in accordance with the provisions of this Act.
[Act No.
6 of 2002, s.
3.] 3B.
Functions of the Authority (1) The Authority shall be responsible for (a) the licensing of air services; (b) the provision of air navigation services; (c) the establishment and maintenance of a system for the registration and the marking of civil aircraft; (d) securing sound development of the civil aviation industry in Kenya; (e) advising the Government on matters concerning civil aviation; (f) the coordination and direction of search and rescue services; (g) the provision of services and facilities in relation to the investigation of aircraft accidents and incidents; (h) the safety and technical regulation of civil aviation; (i) dealing with incidents of unlawful interference with aviation security; (j) the certification of aircraft operators; (k) enforcement of approved technical standards of aircraft; (l) the licensing and monitoring of aeronautical personnel; (m) the provision of technical services for the design, installation, and modification of electronic, radio and other equipment used in the provision of air navigation services; (n) ensuring the integrity of the systems, equipment and facilities of the Authority; (o) the issuance and dissemination of the publications referred to in this Act; (p) the production of accurate, timely, comprehensive and relevant air transport information for planning and decision making purposes; (q) the approval, certification and licensing of aircraft maintenance organizations and training institutions; (r) the establishment, management and operation of training institutions for the purposes of the Authority; (s) the registration of rights in aircraft; (t) the planning, development and formulation for the safe and efficient utilization of Kenyan airspace; (u) the performance of such other functions as may, from time to time, be conferred on it by the Minister or by any other written law.
(2) The Authority shall discharge its functions without prejudice to the functions of the Kenya Airports Authority.
9 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (3) The Authority shall provide air navigation services in Kenya airspace, and for any areas outside of Kenya for which Kenya has, in pursuance of international arrangements, undertaken to provide air navigation services, alerting service and to coordinate search and rescue services, therein.
(4) The Authority shall carry out its functions in a manner consistent with the Chicago Convention, any Annex to the Convention relating to international standards and recommended practices and any amendment thereto or other international conventions and protocols relating to civil aviation that Kenya is party to.
(5) It shall be the responsibility of the Authority to perform any obligations required by any agreement, treaty or arrangement between Kenya and any other country, inter-Governmental organization or other body with respect to the safety, regularity and efficiency of air navigation and aviation safety in general.
(6) In the discharge of its responsibility for aviation safety and security the Authority shall coordinate its activities with other agencies of the Government, including the Kenya Ports Authority, the Department of Defence and the Police.
[Act No.
6 of 2002, s.
3.] 3C.
Powers of the Authority (1) The Authority shall have all the powers necessary for the proper performance of its functions under this Act.
(2) Without prejudice to the generality of subsection (1), the Authority shall have power to (a) determine, impose and levy rates, charges, dues or fees for any services performed by the Authority, or for use by any person of the facilities provided by the Authority or for the grant, renewal or validation of a licence, permit or certificate, subject to the approval of the Minister; (b) receive any gifts, grants, donations or endowments made to it or any other monies in respect of it and to make legitimate disbursement therefrom in accordance with the provisions of this Act; (c) invest any monies not immediately required for its purposes in the manner provided in this Act or any other written law; (d) enter into contracts, arrangements, agency, associations or partnerships with any person, Government agency or authority, whether, within or outside Kenya, subject to any limitations that may be set out by the Minister; (e) acquire, hire, hold, lease out, dispose of all types of assets or property including land: Provided that the Authority shall not sell, let or otherwise dispose of any buildings, land or other assets vested in it by virtue of section 7D except with the consent of and subject to any conditions that may be imposed by the Government.
[Act No.
6 of 2002, s.
3.] [Issue 1] 10 [Rev.
2012] CAP.
394 Civil Aviation 4.
Board of Directors (1) There shall be a Board of Directors of the Authority which shall be the governing body of the Authority consisting of (a) a Chairman who shall be appointed by the Minister; (b) the Director-General; (c) the Permanent Secretary of the Ministry for the time being responsible for matters relating to civil aviation or his representative; (d) the Permanent Secretary to the Treasury or his representative; (e) the Permanent Secretary of the Ministry for the time being responsible for internal security or his representative; (f) the chief executive of the Kenya Tourist Board or his representative; (g) three members, not being public officers, with aviation knowledge and experience to be appointed by the Minister; (h) three other members, not being public officers, to be appointed by the Minister.
(2) No person shall qualify for appointment as Chairman under subsection (1)(a) unless such person has knowledge and experience in matters relating to administration or has such other qualifications and experience of proven ability in such other fields as the Minister may prescribe.
(3) The members appointed under subsection (1)(a), (g) and (h) shall serve for a period of three years on such terms and conditions as may be specified in their instruments of appointment and shall be eligible for re-appointment.
(4) If a member of the Board appointed under subsection (1)(a), (g) and (h) (a) dies; (b) resigns; (c) gets his appointment revoked; or (d) ceases to be a member of the Board for any other reason other than the above, the Minister may appoint another person to take the place of that member, and the person so appointed shall hold office until the expiration of the term of office of the member in whose place he was appointed.
(5) The Chairman shall notify the Minister as soon as a vacancy occurs in the membership of the Board, and the Minister shall appoint a member to fill such vacancy within three months of receiving the notice.
[Act No.
3 of 1991, Sch.,Act No.
6 of 2002, s.
4.] 4A.
Termination of appointment of Directors (1) The Minister may terminate the appointment of a member appointed under section 4(1)(a), (g) and (h) if he (a) has been absent from three consecutive meetings of the Board without the permission from chairman; or 11 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (b) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or (c) is convicted of an offence involving dishonesty or fraud; or (d) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; or (e) is incapacitated by prolonged physical mental illness; or (f) fails to comply with the provisions of this Act relating to disclosure.
(2) A member appointed under section 4(1)(a), (g) and (h) may resign his office in writing under his hand to the Minister.
[Act No.
6 of 2002, s.
4.] 4B.
Functions of the Board (1) The Board shall be responsible for the general control of the performance and management of the undertakings and affairs of the Authority, and shall include a general duty to ensure that the functions of the Authority are carried out in an efficient, transparent and ethical manner and that no particular person or body is given undue preference or subjected to any undue disadvantage.
(2) The Board shall consider and advise the Minister on the development and maintenance of civil aviation policy framework and the objectives of the Authority.
(3) Without prejudice to generality of subsections (1), (2) and (3), the Board shall (a) consider and advise Minister in relation to establishment of air services; (b) determine and set priorities of the general performance targets of the Authority; (c) consider and determine the strategic and business plans and budgets of the Authority; (d) ensure that measures the development of civil aviation are initiated and implemented; (e) consider and advise the Minister on legislative proposals on civil aviation including legislation to give effect to the Chicago Convention, and other international conventions and instruments relating to civil aviation; (f) ensure that promotion of safety, security and efficiency in air transport is fostered through enforcement of the highest possible standards and recommended practices; (g) consider and advise the Minister on measures to promote or support any airline designated by Government for the purpose of any international air services agreement; (h) consider and advise the Minister in relation to fares and freight rates and related matters including any resolution of the International Air Transport Association or any body which succeeds that Association; [Issue 1] 12 [Rev.
2012] CAP.
394 Civil Aviation (i) consider and advise the Minister in relation to the establishment, maintenance and development of air navigation facilities and services; (j) consider and advise the Minister on such other matters affecting civil aviation as it considers desirable in the interest of civil aviation in Kenya; (k) perform such other functions as the Minister may, from time to time, assign to it.
[Act No.
6 of 2002, s.
4.] 4C.
Powers of the Board The Board shall have all the powers necessary for the proper performance of the functions of the Authority in accordance with the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to (a) control and oversee the administration of the assets of the Authority in such manner and for such purposes as best promote the purposes for which the Authority is established; and (b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Authority.
[Act No.
6 of 2002, s.
4.] 4D.
Meetings of the Board (1) The Board shall meet at least four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.
(2) The quorum at a meeting of the Board shall be six members excluding the Director-General.
(3) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule, but subject thereto, the Board may regulate its own procedure.
[Act No.
6 of 2002, s.
4.] 4E.
Common seal of the Authority (1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.
(2) The common seal of the Authority when affixed to a document and duly authenticated, shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.
[Act No.
6 of 2002, s.
4.] 5.
Director-General (1) There shall be a Director-General who shall be appointed by the Minister, from a list of persons, recommended by the Board.
(2) Subject to this section, the terms and conditions of service of the Director- General shall be determined by the Board.
13 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (3) No person shall qualify for appointment as the Director-General under subsection (1) unless such person has knowledge and experience in matters relating to civil aviation.
(4) The Director-General shall hold office for a term of five years from the date of appointment but shall, upon the recommendation of the Board, be eligible for re-appointment for one further term of a period not exceeding five years.
(5) The Minister may, in consultation with the Board, terminate the appointment of the Director-General if he (a) has been absent from three consecutive meetings of the Board without the permission from Chairman; or (b) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or (c) is convicted of an offence involving dishonesty or fraud; or (d) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine not exceeding ten thousand shillings; or, (e) is incapacitated by prolonged physical or mental illness; or (f) fails to comply with the provisions of this Act relating to disclosure.
(6) The Director-General may, at any time, resign his office by notice in writing to the Minister.
[Act no.
13 of 1978, Sch., Act No.
18 of 1979, Sch., Act No.
6 of 2002, s.
5.] 5A.
Powers of the Director-General (1) The Director-General shall be the chief executive officer of the Authority responsible to the Board for the day to day management of the Authority and shall be responsible for the exercise of all powers and the discharge of all functions of the Authority and shall have control over all personnel and activities of the Authority.
(2) The Director-General shall exercise such powers as are necessary for the performance of the functions of the Authority to enable the objectives, implementation and applications of the regulations made under this Act and in particular, but without prejudice to the generality of the foregoing, the Director- General shall have power to (i) ensure that the provisions of this Act and any rules and regulations made therein are complied with to the extent necessary in the interest of aviation; (ii) encourage and foster the safe development of civil aviation in Kenya; (iii) plan, develop and formulate safe and efficient utilization of the Kenya airspace; (iv) acquire, establish and improve air navigation facilities where necessary within the limits of available appropriation; (v) establish a school or schools for the purpose of offering instruction and training in matters related to the aviation industry; [Issue 1] 14 [Rev.
2012] CAP.
394 Civil Aviation (vi) promulgate rules and procedures governing the notification and reporting of accidents and incidents involving aircraft so as to facilitate investigations; (vii) use, with their consent the available services, equipment and facilities of other agencies and to cooperate with those agencies in the establishment, and use of services, equipment and facilities of the Authority; (viii) monitor the deployment and utilization of the movable and immovable property of the Authority; (ix) prepare the annual report and financial statement of the Authority.
[Act No.
6 of 2002, s.
5.] 5B.
Delegation by the Director-General (1) The Director-General may from time to time, in writing, either generally or particularly, delegate to any person all or any of the powers, exercisable by him under any written law, but not including this present power of delegation.
(2) Subject to any general or special direction given or condition attached by the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
(3) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting within the terms of the delegation in the absence of proof to the contrary.
(4) Any delegation under this section may be made to a specified person or to persons of a specified class or may be made to the holder or holders for the time being of a specified public office or class of public offices.
(5) Every delegation under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the Director-General.
(6) Any such delegation shall, until revoked, continue in force according to its tenure, notwithstanding the fact that the Director-General by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the person for the time being holding office as Director-General.
[Act No.
6 of 2002, s.
5.] 5C.
Corporation Secretary (1) There shall be a Corporation Secretary who shall be appointed by the Board on such terms and conditions as the Board may determine and who shall perform such duties as the Board may, from time to time, assign.
(2) In the performance of his duties under this Act, the Corporation Secretary shall be responsible to the Director-General.
[Act No.
6 of 2002, s.
5.] 5D.
Staff of the Authority (1) The Director-General may appoint such staff of the Authority as are necessary for the proper discharge of the functions of the Authority under this Act upon such procedures, terms and conditions of service as the Board may determine.
15 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (2) The Board may review salaries, wages and other terms and conditions of service of the staff of the Authority from time to time.
[Act No.
6 of 2002, s.
5.] 5E.
Protection from personal liability Subject to section 5F no matter or thing done by a member of the Board or by any officer, employee or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their direction personally liable to any action, claim or demand whatsoever.
[Act No.
6 of 2002, s.
5.] 5F.
Liability for damages The provisions of section 22 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.
[Act No.
6 of 2002, s.
5.] 6.
Principles of operation The Authority shall perform its functions in accordance with sound financial principles and shall ensure, as far as reasonably practicable, that its expenditure is properly chargeable to its revenue.
[Act No.
13 of 1978, Sch., Act No.
6 of 2002, s.
6.] 6A.
Funds of the Authority (1) The funds of the Authority shall consist of (a) monies that may accrue to the Authority in the discharge of its functions; (b) grants and loans from the government; (c) grants and loans from any body, organization or persons; (d) interest on savings made by the Authority; (e) such moneys as may be provided by Parliament for the purposes of the Authority; and (f) money from any other source.
(2) The Authority may open and operate its own bank accounts in both domestic and foreign currencies in banks approved by the Board.
(3) The Authority may, with the approval of the Minister, invest any funds of the Authority not immediately required for use by the Authority in such securities as the Board deems fit.
(4) The Government may provide appropriations to meet operating deficits and capital funding of the Authority.
[Act No.
6 of 2002, s.
6.] [Issue 1] 16 [Rev.
2012] CAP.
394 Civil Aviation 6B.
Commercial ventures The Authority may, with a written approval of the Minister (a) subscribe to or purchase shares, debentures or other securities of a company; (b) form a company that would be a subsidiary of the Authority; (c) enter into partnership with any body, organization or enterprise whose objectives are compatible with the purposes for which the Authority has been established.
[Act No.
6 of 2002, s.
6.] 6C.
Annual estimates (1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year.
(2) The annual estimates shall make provision for the financial year concerned, and in particular shall provide for (a) the payment of the salaries, allowances and other charges in respect of the staff of the Authority and the members of the Board; (b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; (c) the proper maintenance of buildings and the grounds of the Authority; (d) the proper maintenance, repair and replacement of the equipment and other movable property of the Authority; (e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters pertaining to the Authority as the Board may decide; (f) the provisions of air navigation services; (g) the provision of personnel training.
(3) The annual estimates shall be submitted to the Minister for approval before the commencement of the financial year to which they relate provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Minister.
(4) No expenditure shall be incurred for purposes of the Authority except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Minister.
[Act No.
6 of 2002, s.
6.] 6D.
Business plan (1) The Authority shall prepare a five-year business plan which shall be reviewed yearly.
(2) The business plan shall contain financial targets and performance indicators for the Authority.
17 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (3) When preparing the business plan, the Authority shall consider (a) standards of aviation safety; (b) the objectives and policies of the Government; (c) funds of the Authority; (d) assets and liabilities of the Authority; (e) any other consideration the Authority deems appropriate.
(4) The business plan and the revisions thereof shall be prepared by the Authority at least six months prior to the commencement of the Authoritys financial year.
[Act No.
6 of 2002, s.
6.] 6E.
Borrowing powers (1) The Authority may borrow funds by the issue of loan stock on such terms as may be approved by the Minister responsible for finance upon recommendation of the Minister.
(2) The Authority may borrow money or obtain credit in Kenya or abroad for carrying out its functions with the concurrence of and subject to such limitations as may be imposed by the Minister responsible for finance.
(3) Such stock issued under subsection (1), and such monies borrowed or credit obtained under subsection (2), for the purposes of this section, and all interest and other charges payable in respect of such stock or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertakings and revenue of the Authority by operation of this section and without further charge or instrument.
(4) Any stock issued by the Director of Civil Aviation which, by virtue of an order made under subsection (3) of section 21 becomes the liability of the Authority shall, subject to the terms of such order, be deemed to be the stock issued by the Authority and shall be held in the same right and on the same powers, privileges, provisions and charges as those in, or subject to which such stock was issued.
(5) Except as provided in this section, the Authority shall not give or execute any mortgage or charge over any of its property by way of security for borrowed money.
[Act No.
6 of 2002, s.
6.] 6F.
Financial year The financial year of the Authority shall be the twelve calendar months commencing on the 1st day of July in each year and ending on the 30th day of June the following year.
[Act No.
6 of 2002, s.
6.] 6G.
Records and accounts of the Authority (1) The Board shall cause to be kept all proper books and records of the income, expenditure, assets and liabilities of the Authority.
[Issue 1] 18 [Rev.
2012] CAP.
394 Civil Aviation (2) Within a period of three months after the end of each financial year, the Board shall submit to the Controller and Auditor-General or to an auditor appointed under subsection (3), the accounts of the Authority together with (a) a statement of income and expenditure during that year; and (b) a statement of the assets and liabilities of the Authority as at the last day of the financial year.
(3) The accounts of the Authority shall be audited by the Controller and Auditor-General or by an auditor appointed by the Board with the written approval of the Controller and Auditor-General.
(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Controller and Auditor-General.
(5) The Controller and Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions.
(6) An auditor appointed under subsection (3) shall report directly to the Controller and Auditor-General on any matter relating to the directions given under subsection (5) of this section.
(7) Notwithstanding anything in this Act, the Controller and Auditor-General may submit to the Minister a special report on any matters incidental to his powers under this Act, and section 19(3) and (4) of the Exchequer and Audit Act (Cap 412), shall, mutatis mutandis, apply to any report made under this section.
(8) The Minister shall lay the audit report before the National Assembly as soon as reasonably practicable after the report is submitted to him.
(9) The fee for any auditor, not being a public officer, shall be determined and paid by the Board.
[Act No.
6 of 2002, s.
6.] 6H.
Annual report by the Authority The Director-General shall, within three months after the end of each financial year prepare a report of the operations of the Authority during that year and shall submit such report to the Minister, through the Board, who shall cause it to be presented to the National Assembly together with the report of the Controller and Auditor-General and certified copies of the accounts referred to in section 6(2).
[Act No.
6 of 2002, s.
6.] 6I.
Charges and fees (1) The Authority may determine, impose and levy charges for any services performed by the Authority, or for use of the facilities provided by the Authority, or for the grant of a licence, permit or certificate, based on the transparent principle of cost recovery and subject to the approval by the Minister.
(2) The schedule of charges shall be published in an Aeronautical Information Circular.
(3) The schedule of charges shall come into force on a date specified therein, which shall be at least thirty days following publication in the Aeronautical Information Circular.
19 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (4) If any amount due and payable under this section is not paid by any party after demand by the Authority and remains unpaid beyond the time specified for payment thereof, the Authority may seize the aircraft or other property of the debtors after giving reasonable notice of the intention to seize the aircraft or property of the owner or operator of the aircraft and the Authority shall detain the aircraft or property until payment is made.
[Act No.
6 of 2002, s.
6.] 6J.
Collection of revenue from agents (1) The revenue collector may, by written notice addressed to any person (in this section called the agent) appoint him to be the agent of another person (in this section called the principal) for the purposes of collecting revenue from the principal where the revenue collector is satisfied that the agent (a) owes or is about to pay money to the principal; (b) holds money for or on account of the principal; (c) holds money on account of some other person for payment to the principal; or (d) has authority from some other person to pay money to the principal.
(2) The revenue collector shall, in the notice under subsection (1), specify the amount of revenue to be collected by the agent, which amount shall not exceed the amount held or owing by the agent for or to the principal.
(3) The revenue collector may, by notice in writing, require any person to furnish the revenue collector, within a reasonable time (not being less than thirty days from the date of service of the notice), with a return showing details of any moneys which may be held by that person for or on account of a person from whom revenue is due.
(4) An agent who claims to be, or to have become, unable to comply with the notice for any reason shall, as soon as may be practicable, notify the revenue collector accordingly in writing stating the reasons for his inability, and the revenue collector may accept and cancel, amend or reject the notification as he may think fit.
(5) Notwithstanding subsection (4), an agent shall be presumed to be holding sufficient money for the payment of the revenue specified in the notice unless his notification under subsection (4) is accepted or amended, and in any proceedings for the collection of that revenue, he shall be estopped from asserting the lack of those moneys.
(6) Where an agent fails to remit any amount of revenue specified in the notice, within thirty days of the date of service of the notice on him or of the date on which any moneys came into his hands for, or become due by him to, his principal, whichever is the later, and he has not complied with subsection (4), then the provisions of this Act relating to the collection and recovery of revenue shall apply as if it were revenue due and payable by him from the date when such revenue should have been paid to the revenue collector.
(7) An agent who has made payment of revenue under this section shall for all purposes be deemed to have acted therein with the authority of his principal and of all other persons concerned, and shall be indemnified in respect of that [Issue 1] 20 [Rev.
2012] CAP.
394 Civil Aviation payment against any proceedings civil or criminal and all process, judicial or extra-judicial, notwithstanding any provisions to the contrary in any written law, contract or agreement.
(8) A person who, in giving a notification under subsection (4), wilfully makes any false or misleading statement, or wilfully conceals any material fact, shall be guilty of an offence and liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.
[Act No.
4 of 2004, s.
64.] 6K.
Recovery of levies by distress (1) If revenue remains unpaid after the time it was required, under this Act to be paid, the revenue collector may authorize distress to be levied upon the goods, chattels and effects of the person who should have paid the revenue wherever those goods, chattels and effects may be found.
(2) The following provisions of the Customs and Excise Act (Cap 472), shall apply, with the necessary modifications, with respect to distress authorized under subsection (1) (a) section 225(2), (3) and (4); and (b) the Sixth Schedule.
[Act No.
4 of 2004, s.
64.] 7.
Contracting out The Authority may contract out any of its services provided that such contracting out shall not abrogate from the Authoritys regulatory functions and compromise safety standards.
[Act No.
3 of 1991, Sch., Act No.
6 of 2002, s.
7.] 7A.
Consultation with users and departments (1) In the performance of its functions and exercise of its powers, the Authority shall, where appropriate, consult with Government Ministries, other authorities, bodies or persons and users of the Authoritys facilities and services.
(2) The Authority shall establish any consultative mechanism it deems necessary to obtain the views of the users of the Authoritys facilities and services.
[Act No.
6 of 2002, s.
7.] 7B.
Authorization to provide air operator of air navigation services The Authority may authorize an aerodrome to provide air navigation services for the use of such aerodrome and subject to such conditions as may be set by the Authority.
[Act No.
6 of 2002, s.
7.] 7C.
Inspection of aircraft (1) The Authority may inspect all aircraft on Kenya territory regardless of their state of registry or Kenya registered aircraft wherever it may be for reasons of safety and for any other reason for which the Authority is established.
21 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (2) The Authoritys inspectors have unhindered access to the aircraft wherever it may be and the related facilities and installations and any records, information and explanation that may be required in the course of their inspections.
[Act No.
6 of 2002, s.
7.] 7D.
Acquisition of land for purposes of the Authority (1) Where land is required by the Authority for its use, the Authority may either (a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof, provided that notwithstanding the provisions of section 6 of the Land Control Act (Cap 302), the ensuing transaction shall not require the consent of a Land Control Board if the land to be acquired is agricultural land; or (b) if such land is public land or if the Authority is unable to acquire it by agreement in accordance with paragraph (a), it shall notify the Minister responsible for lands that the land specified in the notice is required for the purposes of the Authority.
(2) When notice has been given under subsection (1)(b) then (a) if the land is public land, the Minister responsible for lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Authority to be utilized for the purposes of the Authority; or (b) if the land is not public land, any provision in any written law which empowers the President or the Minister responsible for lands to acquire or direct the acquisition of such land for any specific purpose shall be deemed to include a power enabling the President or the Minister responsible for lands to acquire or direct the acquisition of such land for the purposes of the Authority.
(3) Where any compensation is payable to any person in respect of any land specified in the notice given under subsection (1)(b) acquired by the President or the Minister responsible for lands, and such land after being so acquired is placed at the disposal of the Authority in accordance with subsection (2)(a), the amount of compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Authority.
(4) The Authority may at any time convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender: Provided that such land shall be surrendered to the government and shall not be conveyed or transferred to any other person unless the Minister responsible for lands shall consent and so direct.
(5) The provisions of subsection (4) shall apply to land vested in the Authority by any written law, including this Act, as well as land conveyed to it or otherwise placed at its disposal.
[Act No.
6 of 2002, s.
7.] [Issue 1] 22 [Rev.
2012] CAP.
394 Civil Aviation 7E.
Limitation of actions Where an action or other legal proceeding is commenced against the Authority for any act done in pursuance, or execution or intended execution of this Act or any public duty or authority, or in respect of any alleged neglect or default in the execution of this Act, or of any such duty or authority, the following provisions shall have effect (a) the action or legal proceedings shall not be commenced against the Authority until at least one month after written notice containing the particulars of the claim, and of the intention to commence the action or legal proceedings, has been served upon the Director-General by the plaintiff or his agent; (b) the action or legal proceedings shall not lie or be instituted unless it is commenced within twelve months next after the act, neglect, omission or default complained of or in the case of a continuing injury or damage, within six months next after the cessation thereof.
[Act No.
6 of 2002, s.
7.] 7F.
Restriction in the execution against property of the Authority Notwithstanding anything to the contrary in any law (a) where any judgment or order has been obtained against the Authority, no execution or attachment or process in the nature thereof, shall be issued against the immovable property of the Authority or any of its vehicles, vessels, aircraft or its other operational equipment, machinery, fixtures or fittings; but the Director-General shall cause to be paid out of the revenue of the Authority such amount as may, by the judgment or order or decree, be awarded against the Authority to the person entitled thereto; (b) no immovable property of the Authority or any of its vessels, vehicles, aircraft or its equipment, machinery, fixtures or fittings, shall be seized or taken by any person having by law, power to attach or distrain property without the previous written permission of the Director-General.
[Act No.
6 of 2002, s.
7.] 7G.
Service of notice on the Director-General Any notice, summons, warrant, process or any other document required or authorized under this Act or any other law to be served on the Authority or the Director-General may be served (a) by delivery of the notice or document to the Director-General or to any authorized employee; (b) by leaving it at the office of the Director-General; or (c) by sending it by registered post to the Director-General.
[Act No.
6 of 2002, s.
7.] 7H.
Imperilling the safety of aircraft and persons on board (1) No person shall wilfully or negligently imperil the safety of an aircraft or any person on board, whether by interference with any member of the crew of the aircraft or by tampering with the aircraft or its equipment, or by disorderly conduct by any other means.
23 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (2) No person shall wilfully or negligently cause or permit an aircraft to endanger any person or property.
(3) No person shall wilfully or negligently interfere or tamper with an air navigation facility.
(4) Any person who contravenes the provisions of subsection (1), (2) or (3) shall be guilty of an offence and shall be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both.
[Act No.
6 of 2002, s.
7.] 7I.
Drunkenness in aircraft or on duty (1) No person shall, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of alcohol or drugs.
(2) No employee of the Authority shall report on duty or be on duty when under influence of drugs or alcohol.
(3) Any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred and fifty thousand shillings or to imprisonment for a term not exceeding three years or to both.
[Act No.
6 of 2002, s.
7.] 7J.
Exemption Notwithstanding the provisions of this Act, the Minister may, upon the recommendation of the Authority, by in the Gazette notice and on such terms and conditions as may be necessary, exempt any aircraft, person, aerodrome facility or service or enterprise from the application of any regulations made under this Act, if such exemption is in the public interest and is not likely to adversely affect aviation safety.
[Act No.
6 of 2002, s.
7.] 7K.
Transfer of Government assets and liabilities and certain staff to the Authority (1) Upon the commencement of this Act, all existing assets used in the provision of services for which the Authority has been established shall be transferred to and vested in the Authority.
(2) Subject to subsection (3) the Minister may, by order published in the Gazette, transfer to the Authority any property or asset belonging to the Government which appears to him to be necessary or useful to the Authority for the performance of its functions under this Act, which property or asset shall vest in the Authority by virtue of the order and without further assurance.
(3) An order under subsection (2) may contain such incidental, consequential or supplemental provisions as the Minister thinks necessary or expedient.
(4) All liabilities incurred in the provisions of services for which the Authority has been established, shall vest in the Authority without further assignment.
[Issue 1] 24 [Rev.
2012] CAP.
394 Civil Aviation (5) Notwithstanding any other provision of this Act to the contrary, any person who, as at the 31st March, 2002, was an employee of the Directorate of Civil Aviation shall, upon the commencement of this Act, be deemed to be an employee of the Authority.
[Act No.
6 of 2002, s.
7.] 8.
Powers of the Minister The Minister shall have powers to determine the policy framework within which the Authority shall operate and for that purpose but with due regard to the need to uphold the Authoritys autonomy the Minister may (i) give directions of a general nature to the Board regarding the operations of Authority; (ii) approve alterations in the tariffs, rates, fees, charges and impositions levied for the services and facilities provided by the Authority; (iii) approve any individual capital work for the purposes of the Authority, whose estimated cost exceeds the prescribed limit set by the Minister from time to time.
[Act No.
3 of 1991, Sch., Act No.
6 of 2002, s.
8.] 8A.
International obligations The Minister shall be responsible for (i) civil aviation policy; (ii) investigation of civil aircraft accidents and incidents; (iii) establishment and review of air services agreements; (iv) submission of variations to the Chicago Convention, any Annex to the Convention relating to international standards and recommended practices and any amendment thereto, or other international conventions and protocols, relating to civil aviation that Kenya is party to.
[Act No.
6 of 2002, s.
8.] 8B.
Inspection and assessment (1) The Minister shall at least once every two calendar years, and may at such other times as he may consider desirable, assess and audit the standards of air navigational facilities and services, and technical personnel manning the facilities and providing the services of the Authority to ensure that they meet prescribed international standards.
(2) The Minister may appoint audit inspectors to carry out the assessment and audit referred to in subsection (1).
(3) The audit inspectors shall have unhindered access to aerodromes and related facilities and installations, navigational and communication facilities and to any records, information and explanation that may be required in the course of their duties.
(4) The Minister may, on the advice of any audit inspector take appropriate action to ensure that noted safety deficiencies are corrected and appropriate standards are maintained.
[Act No.
6 of 2002, s.
8.] 25 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation 8C.
Regulations (1) The Minister may make regulations to give effect to and for the better carrying out of the objects and purposes of this Act, to provide generally for regulating air navigation and air transport and carrying out and giving effect to any convention.
(2) Without prejudice to the generality of subsection (1), the Minister may make regulations (a) regulating, by establishing licensing authorities and a system of licensing and otherwise, the use of aircraft (i) for public transport; and (ii) for aerial work; (b) establishing an appeals tribunal to which a person aggrieved by a decision of any licensing authority established under paragraph (a) or of the Authority may appeal, and prescribing conditions, procedures and otherwise regulating appeals to such a tribunal; (c) providing for the registration and marking of aircraft; (d) prohibiting the flying of any aircraft (i) unless there is in force in respect of such aircraft certificate of airworthiness or permit to fly issued or recognized in accordance with regulations made under this Act; and (ii) except upon compliance with such conditions as to maintenance and repair as may be prescribed or specified in the certificate or permit; (e) requiring the flight crew, and persons performing prescribed functions in relation to the operation or maintenance of aircraft, air navigation services, design and construction of aircraft to be the holders of licences of specified kinds; (f) providing for the manner and conditions of issue, validation, renewal, extension or variation of any licence required in regulations and for the form, custody, production, cancellation, suspension, endorsement and surrender of such; (g) providing for the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Kenya may fly and the conditions under which aircraft may fly from one part of Kenya to another; (h) providing for the conditions under which passenger and cargo may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be prescribed; (i) minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation and air navigation services and prohibiting or regulating the use of such apparatus and the display of signs and lights liable to endanger aircraft; [Issue 1] 26 [Rev.
2012] CAP.
394 Civil Aviation (j) generally securing the safety, efficiency and regularity of air navigation and safety of aircraft and of persons and cargo carried therein, and for preventing aircraft endangering other persons; (k) requiring persons engaged in connection with meteorology to supply meteorological information for the purpose of air navigation; (l) regulating the making of signals and other communications by or to aircraft and persons carried therein; (m) subject to any other written law, prescribing a civil air ensign for Kenya and regulating the use of any other ensign established for purposes connected with air navigation; (n) prohibiting aircraft from flying over such areas in Kenya as the Minister may by order published in the Gazette declare to be prohibited areas; (o) prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any licence, or the undergoing of any examination or test required by regulations made under this Act or any other matters in respect of which it appears to the Minister to be expedient to charge fees; (p) prescribing charges or enabling some other authority to prescribe charges to be paid in respect of air navigation services and providing for the recovery of such charges; (q) exempting any aircraft or persons or classes of aircraft or persons from the provisions of any regulations made under this Act; (r) providing for the investigation in such manner as may be prescribed, including by means of a tribunal established for the purpose, of any accident arising out of or in the course of air navigation and occurring either in or over Kenya or occurring elsewhere to Kenya aircraft; (s) prohibiting access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purpose of an investigation, to have access to, remove, take measures for the preservation of, or otherwise deal with any such aircraft; (t) requiring any person who owns an aircraft or who carries on the business of operating aircraft for hire or reward to furnish to such authorities as may be prescribed such information relating to the aircraft and the use thereof, the crew, the mail, the passengers and the cargo carried, as may be prescribed; (u) providing for the licensing, inspection and regulation of aerodromes, access to places where aircraft have landed or may land, access to aircraft factories or maintenance establishments or places where aircraft parts and engines are maintained, for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof; (v) regulating the firing of rockets; 27 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (w) prohibiting or regulating in the vicinity of any aerodrome the emission or causing of smoke, soot, ash, grit, dust and any other substance whatever which obscures or may obscure visibility; (x) controlling and regulating the selling of charters, booking of accommodation and selling of tickets for persons or cargo on flights in any part of the world; (y) controlling and regulating aviation training institutions; (z) the classification and use of airspace and the control and use of air routes and provisions of search and rescue facilities; (aa) the design, construction, repair, overhaul, maintenance, operation and use of aircraft, maintenance and repair of facilities and related equipment; (bb) the control and operation of the aircraft within or directly above the aerodrome for the purpose of limiting or mitigating the effect of noise.
(3) Separate or different regulations may be made for different classes of aircraft, aerodromes, persons or property and for different parts of Kenya.
(4) Any regulations made under this section may provide in respect of any contravention thereof or non-compliance therewith for the impositions of penalties not exceeding in the case of any particular offence a fine of two million shillings or imprisonment for a term not exceeding three years or to both.
[Act No.
6 of 2002, s.
8.] 9.
Restriction of building in declared areas (1) Notwithstanding the provisions of any written law, or the terms of any deed, grant, lease or licence concerning the use and occupation of land, the Minister for the time being responsible for matters relating to aerodromes may, where he considers it to be necessary in the interests of the safety of air navigation, by order published in the Gazette, prohibit the erection within a declared area of any building or structure above a height specified in the order.
[Act No.
3 of 1991, Sch.] (2) For the purposes of this section declared area means any area adjacent to or in the vicinity of an aerodrome which the Minister may by notice in the Gazette declare to be a declared area.
(3) Any person who contravenes the provisions of an order made under subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
[Act No.
3 of 1991, Sch., Act No.
6 of 2002, s.
9.] 10.
Control of structures, etc., on or near aerodromes (1) If the Director-General considers that provisions for the safety or efficiency of air navigation ought to be made (a) whether by lighting or otherwise for giving aircraft warning of the presence of any building, structure, tree or natural growth or formation on or in the vicinity of an aerodrome; or [Issue 1] 28 [Rev.
2012] CAP.
394 Civil Aviation (b) by the removal or reduction in height of any such obstruction, he may by order, and subject to any conditions specified in the order, require or authorize either the owner or occupier of the land on which the obstruction is situated or any person acting on behalf of the Director-General to enter upon the land and carry out such work as is necessary to enable the warning to be given or the obstruction to be reduced in height.
(2) The Director-General shall, before making an order under subsection (1), cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order; and of the place where copies of the draft order may be obtained free of charge; and he shall take into consideration any representations with respect to the proposed order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to the provisions of this section, be made with such modifications, if any, of the original draft as the Director-General thinks proper.
(3) Every order made under subsection (1) shall provide that (a) no work shall be executed on any land in pursuance of the order until a period of at least fourteen days has elapsed from the date of publication thereof; and (b) such compensation shall be paid to any person having an interest in land affected by the order for any loss or damage which that person may suffer in consequence of the order as may be agreed between that person and the Director-General or, in default of agreement, as may be determined by an arbitrator.
(4) Any person who (a) wilfully interferes with any works or things which to the knowledge of that person are executed or placed in, on or over land in pursuance of an order under subsection (1); or (b) wilfully obstructs a person in the exercise of any powers conferred by such an order, shall be guilty of an offence and shall be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both.
[Act No.
3 of 1991, Sch., Act No.
6 of 2002, s.
10.] 11.
Deleted by Act No.
3 of 1991, Sch.
12.
Nuisance and liability for damage (1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight, or the ordinary incidents of the flight, of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, so long as the provisions of any written law or convention are complied with.
(2) Where material loss or damage is caused to any person or property on land or water by, or by a person in, or by an article or person falling from, an aircraft while in flight, taking off or landing, then, unless the loss or damage was 29 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the wilful act, neglect or default of the owner of the aircraft: Provided that where such material loss or damage is caused in circumstances in which (i) damages are recoverable in respect of such loss or damage by virtue only of the foregoing provisions of this subsection; and (ii) a legal liability is created in some person other than the owner to pay damages in respect of such loss or damage, the owner shall be entitled to be indemnified by that other person against any claim in respect of such loss or damage.
(3) Notwithstanding section 2(1), where an aircraft has been bona fide demised, let or hired out for any period exceeding fourteen days to any person by the owner thereof, and during such period no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as if for reference therein to the owner there were substituted a reference to the person to whom the aircraft has been so demised, let or hired out.
13.
Deleted by Act No.
3 of 1991, Sch.
14.
Dangerous flying (1) Where an aircraft is flown in such a manner as to cause unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft and the owner thereof, unless he proves that the aircraft was so flown without his knowledge or consent, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
(2) The provisions of this section shall be in addition to and not in derogation of the powers conferred upon the Minister by section 7.
15.
Exemption from seizure of certain aircraft on patent claims (1) Any lawful entry into Kenya or any lawful transit across Kenya, with or without landing, of an aircraft to which this section applies shall not entail seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Kenya on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model.
(2) The importation into and storage in Kenya of spare parts and spare equipment for aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Kenya on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: [Issue 1] 30 [Rev.
2012] CAP.
394 Civil Aviation Provided that this subsection shall not apply in relation to any spare parts or spare equipment which are sold or distributed in Kenya or are exported for sale or distribution.
(3) This section shall apply (a) to an aircraft registered in any country or territory in respect of which there is in force a notice made by the Minister and published in the Gazette, with a view to the fulfilment of the provisions of article 27 of the Chicago Convention, that the benefits of those provisions apply to that country or territory; and (b) to such other aircraft as the Minister may prescribe.
16.
Detention of aircraft Regulations made under this Act may provide for the detention of aircraft to secure compliance with this Act or any regulations made thereunder and may make such further provisions as appear to the Minister to be necessary or expedient for securing such detention.
17.
Jurisdiction Any offence under this Act or regulations made under this Act and any offence committed on a Kenya aircraft shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place within Kenya where the offender may for the time being be: Provided that if such offence is committed in or over Kenya, the offence may be tried by any court having jurisdiction in Kenya.
18.
Repealed by Act No.
6 of 2002, s.
11.) 19.
Liability of directors and officers of corporations Where an offence under this Act or under subsidiary legislation made thereunder has been committed by a body corporate, every person who at the time of the commission of the offence was a director, general manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be deemed also to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
20.
Application of regulations to state aircraft Any part of this Act or any regulation made thereunder may, if it so expressly provides or if the Minister so directs by order published in the Gazette, apply to state aircraft or to any class or classes of state aircraft.
21.
Transitional and savings provisions (1) In this section, and in sections 21A, 21B and 21C, Directorate of Civil Aviation means the Government Department by that name existing immediately before the commencement of this Act.
31 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (2) Every contract made by or on behalf of the Director of Civil Aviation which at the commencement of this Act falls wholly to be performed within Kenya shall, whether or not in writing and whether or not otherwise assignable in law by either party, have effect on and after the commencement of this Act as if made by or on behalf of the Authority with the other party or parties thereto and as if references therein to the Director, Directorate of Civil Aviation or any employee thereof were references to the Director-General, the Authority or the corresponding employee of the Authority.
(3) All the liabilities of the Director of Civil Aviation which at the commencement of this Act fall to be discharged within Kenya shall thereupon by virtue of this section and without further assignment become the liabilities of the Authority.
(4) The Minister may, from time to time, after the commencement of this Act, by order declare that any property of the Directorate of Civil Aviation or any liabilities or contracts of that department to which subsections (1) and (2) do not apply or any part or proportion thereof, shall, on a day to be specified in the order, become property, liabilities or contracts of the Authority subject to such terms or provisions as may be specified in the order, and all such orders shall take effect in Kenya according to their terms.
(5) All legal proceedings pending in Kenya by or against the Directorate of Civil Aviation in respect of any property, liabilities or contracts of the Authority under this section shall be deemed to continue or be continued by or against the Authority.
(6) All directions, orders, rules, authorizations and other things published, made, given or done by the Directorate of Civil Aviation, or any subsidiary legislation thereunder subsisting at the commencement of this Act, shall on and after that day be deemed to have been published, given, made or done by the Authority.
(7) Every public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate or other charge upon request made by or on behalf of the Authority shall do all such things as are by law necessary to give final effect to the transfer of property mentioned in any order made under subsection (3).
(8) In this section liabilities and contracts which fall to be discharged or performed shall include liabilities and contracts in respect of (a) goods or services received and utilized or due to be received and utilized in Kenya by the Directorate of Civil Aviation; (b) a cause of action in tort which arose in Kenya; (c) only such judgments obtained in Kenya before the commencement of this Act as arise out of liabilities or contracts within subsections (1) and (2).
(9) Notwithstanding anything in this section or in any written law, it shall be lawful for the Authority pending the vesting of any property by orders made under subsection (3) to manage, operate, use and deal with the property of the Directorate of Civil Aviation for any of the purposes of this Act applied thereto, but subject to such provisions with regard to that user, including provisions for any financial adjustments or arrangements as the Minister may from time to time [Issue 1] 32 [Rev.
2012] CAP.
394 Civil Aviation direct, and the Authority shall have the power, subject to any such property and income arising therefrom for the purpose of meeting any liabilities or obligations of the Authority or of the Directorate of Civil Aviation, whether or not liabilities or obligations are assumed by the Authority under this section.
[Act No.
6 of 2002, s.
12.] 21A.
Employees of Directorate of Civil Aviation Subject to section 7K(5), the employees of the Directorate of Civil Aviation may at the commencement of this Act, become employees of the Authority in accordance with the Second Schedule.
[Act No.
6 of 2002, s.
12.] 21B.
Contracts, etc., on behalf of the Authority before commencement of the Act (1) Any contract made and any act or thing done or purported to be made or done or any act or thing omitted to be done on behalf of or in the name of the Directorate of Civil Aviation prior to the incorporation of the Authority under this Act by any person acting in good faith and with due or apparent authority in that behalf shall be deemed to be a contract, act or thing made or act or thing omitted to be done, as the case may be, by the Authority.
(2) The periods of limitations set out in section 7E shall, in respect of any claim, action or legal proceedings arising out of any of the matters covered by subsection (1) commence from the date of the commencement of this Act.
[Act No.
6 of 2002, s.
12.] 21C.
Recovery of debts All debts owed to the Authority under this Act shall be recoverable summarily.
[Act No.
6 of 2002, s.
12.] 22.
Repealed by Act No.
6 of 2002, s.
13.
SCHEDULES FIRST SCHEDULE [Section 4D(3).] [Act No.
6 of 2002.] PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD 1.
Meetings (1) The Chairman may call a special meeting at any time where he deems it expedient for the transaction of the business of the Board.
(2) Notice of a Board meeting shall be given in writing to each member of the Board at least fourteen days before the day of the meeting but an urgent meeting may be called within less than fourteen days notice at the request of at least six members of the Board.
33 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation (3) The notice to be given under paragraph 2 shall state (a) the venue and time of the meeting; (b) the Agenda with sufficient details of the business to be discussed at the meeting.
(4) The Chairman shall preside at every meeting of the Board at which he is present but in his absence, the members present shall elect one of their members who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairman.
(5) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of those present, excluding the Director General, and in case of an equality of votes, the chairman or the person presiding shall have a casting vote.
(6) The Board may co-opt or invite any number of persons to act as advisers or consultants at any of its meetings or form such committees to perform such functions or duties of the Board as the Board shall determine.
(7) Subject to the provisions on quorum, no proceedings of the Board shall be invalid by reason only of a vacancy among the members of the Board.
(8) Subject to the provisions of this Schedule, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of any other persons at its meetings and may make standing orders in respect thereof.
Co-opted or invited persons shall not be counted in the quorum of the meetings of the board and shall not be eligible to vote thereat.
2.
Disclosure of interest (1) If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall, at the meeting and as soon as is practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter: Provided that if the majority of the members present are of the opinion that the experience or expertise of such member is vital to the deliberations of the meeting, the Board may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.
(2) A member shall give notice of interest in any matter under paragraph 2(1) by writing under his signature if he cannot be present in a meeting he is giving notice of interest.
(3) A disclosure of interest made under this schedule shall be recorded in the minutes of the meeting at which it is made.
3.
Minutes The Board shall cause minutes of all proceeding of meetings of the Board to be entered in books kept for that purpose.
[Issue 1] 34 [Rev.
2012] CAP.
394 Civil Aviation 4.
Remuneration of Board Members Members of the Board and any other person not being an employee of the Authority attending a meeting of the Board may be paid such remuneration or fees or allowances as may be determined by the Minister.
SECOND SCHEDULE [Section 21A.] [Act No.
6 of 2002.] 1.
Interpretation In this Schedule, the expression vesting day means the date of commencement of this Act.
2.
Employees Every person who at the commencement of this Act is an employee of the former Directorate of Civil Aviation, shall on the vesting day become an employee of the Authority on the same or improved terms and conditions of service as may be specified by the Minister: Provided (a) any employee of the Directorate of Civil Aviation may retire on the basis of abolition of office in accordance with the existing regulations; and (b) any employee of Directorate of Civil Aviation may remain in the civil service with mutual consent of any such employee and the Government.
3.
Where on the vesting day (a) any disciplinary proceedings against any employee of the former Directorate of Civil Aviation, are in the course of being heard or instituted, or have been investigated by the former Directorate of Civil Aviation but no order or decision has been made thereon; or (b) any such employee is interdicted or suspended, the Authority shall (i) in the case of paragraph (a), carry on and complete the hearing or investigation and make an order or render a decision, as the case may be; and (ii) in the case of paragraph (b), deal with such employee in such manner as it thinks appropriate having regard to the offence committed by him, including the completion of disciplinary proceedings making of an order or the rendering of a decision, as the case may be, as if such disciplinary proceedings have been commenced by the Authority.
4.
Where on the vesting day, any penalty (other than dismissal) has been imposed on any employee of the former Directorate of Civil Aviation pursuant to disciplinary proceedings against him and the penalty has not been, or remains to 35 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation be, serviced by such employee, he shall on his transfer to the Authority, under paragraph (2) serve or continue to serve such penalty to its full term as if it had been imposed by the Authority.
5.
Pensions (1) Employees of the Directorate of Civil Aviation who shall become employees of the Authority shall continue to be governed by the existing Government pension scheme.
(2) Where any person whose services are transferred to the Authority, is on the vesting day, a member of any statutory voluntary pension scheme or provident fund he shall, for the purpose of this Act, continue to be governed by the same regulations under those schemes or funds as if he had not been so transferred, and for purposes of the regulations governing those schemes or funds his service with Authority, shall be deemed to be service in the former Directorate of Civil Aviation.
[Issue 1] 36 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CHAPTER 394 CIVIL AVIATION ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.
Civil Aviation (Regulation of Rocket Firing) Regulations, 1979.
39 2.
Civil Aviation (Charges for Air Navigation Services) Regulations, 1979.
43 3.
Civil Aviation (Investigation of Accidents) Regulations 1979.
47 4.
Civil Aviation (Licensing of Air Services) Regulations 1979.
55 5.
Civil Aviation (Air Navigation) Regulations, 1979.
75 6.
Civil Aviation (Jomo Kenyatta International Airport) Regulations, 1981.
223 7.
The Use of Government Aerodromes Notice, 1982.
229 7.
Exemptions under Paragraph 20 (F) of the Above Notice.
231 8.
Prohibited Area under Regulation 73 of the Air Navigation Regulations, 1970 233 9.
The Air Navigation Regulations, 1985.
235 10.
Civil Aviation (Aerodromes) Regulations.
237 11 Delegation.
239 12.
Civil Aviation (Insurance) Regulations, 1999.
241 13.
Vesting Order.
243 14.
Civil Aviation (Instruments and Equipment) Regulations, 2007.
245 15.
Civil Aviation (Operation of Aircraft) Regulations, 2001.
307 16.
Civil Aviation (Personnel Licensing) Regulations, 2007.
447 17.
Civil Aviation (Air Operator Certification And Administration) Regulations, 2007.
609 18.
Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, 2007.
689 19.
Civil Aviation (Approved Maintenance Organisation) Regulations, 2007.
759 20.
Civil Aviation (Airworthiness) Regulations, 2007.
801 21.
Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of Kenya) Regulations, 2007.
835 22.
Civil Aviation (Aircraft Registration and Marking) Regulations, 2007.
853 23.
Civil Aviation (Approved Training Organisation) Regulations, 2007.
869 24.
Civil Aviation (Parachute Operations) Regulations, 2007.
909 25.
Civil Aviation (Aerial Work) Regulations, 2007.
933 26.
Civil Aviation (Air Navigation Services) Regulations, 2008.
969 27.
Civil Aviation (Security) Regulations, 2008.
989 28.
Civil Aviation (Aerodromes) Regulations, 2008.
1025 29.
Civil Aviation (Air Licensing) Regulations, 2009.
1097 30.
Civil Aviation (Charges for Air Navigation Services) Regulations, 2011.
1135 31.
Restriction of Building In Declared Areas.
1139 37 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (REGULATION OF ROCKET FIRING) REGULATIONS, 1979 ARRANGEMENT OF REGULATIONS Regulation 1.
Citation.
2.
Regulation of rocket firing.
3.
Application for a licence.
4.
Grant or refusal of licence by Director.
5.
Cancellation or suspension of licences.
6.
Delegation of powers by the Director.
7.
Armed forces not bound.
8.
Revocation of Sub.
Leg.
(E.A.
Cap.
31) 39 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] CIVIL AVIATION (REGULATION OF ROCKET FIRING) REGULATIONS,1979 [Section 7, L.N.
39/1979.] 1.
Citation These Regulations may be cited as the Civil Aviation (Regulation of Rocket Firing) Regulations.
2.
Regulation of rocket firing (1) No person shall fire a rocket except in accordance with and subject to the conditions of a licence issued by the Director under these Regulations.
(2) No person shall fire a rocket and the Director shall not issue any licence for the firing of a rocket within an aerodrome traffic zone.
(3) For the purposes of paragraph 2, aerodrome traffic zone, in relation to any aerodrome, means the airspace extending from aerodrome level to a height of two thousand feet over the area comprising the aerodrome and the surrounding land or water within a distance of three thousand yards of its boundaries.
(4) Any person who fires a rocket without lawful authority or contrary to a condition of any licence issued under these Regulations shall be guilty of an offence and liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
3.
Application for a licence Any person wishing to apply to the Director for a licence authorizing him to fire rockets shall make application in writing to be received by the Director not less than ten days before the day on which it is desired to commence firing and the application shall contain the following information (a) the exact position from which the firing is intended to take place; (b) the elevation, above mean sea level, of the place from which the firing is intended to take place; (c) the times and dates of the intended commencement and cessation of firing respectively; (d) the frequency at which it is intended to fire rockets during the period between the times specified in subparagraph (c); (e) the type and specifications of the rocket or rockets to be fired and the altitude above ground level at which it is estimated detonation will take place; and (f) the full name, occupation and postal and residential address of the applicant.
4.
Grant or refusal of licence by Director On receiving an application made under regulation 3, the Director may, subject to paragraph (2) of regulation 2, grant or refuse to issue a licence authorizing the applicant to fire a rocket or rockets and may attach to any such licence such conditions as he may think fit.
[Issue 1] 40 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 5.
Cancellation or suspension of licences The Director may, in his discretion and upon such terms as he may think fit, cancel or suspend any licence issued under regulation 4 and such cancellation or suspension shall have effect immediately the holder of the licence is notified thereof or at such later time as the Director may stipulate.
6.
Delegation of powers by the Director The Director may authorise, subject to such limitation as he may think fit, any officer of the Directorate of Civil Aviation to exercise any of the powers conferred upon him by these Regulations.
7.
Armed forces not bound by Regulations These Regulations shall not bind the armed forces.
8.
Revocation of Sub.
Leg.
(E.A.
Cap.
31) The East African Civil Aviation (Regulation of Rocket Firing) Regulations, in so far as they apply to Kenya, are hereby revoked.
41 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (CHARGES FOR AIR NAVIGATION SERVICES) REGULATIONS, 1979 ARRANGEMENT OF REGULATIONS Regulation 1.
Citation.
2.
Interpretation.
3.
Charges.
4.
Procedure for commutation.
5.
Recovery of charges.
6.
Detention of aircraft.
7.
Exemption from payment of charges.
8.
Refund of charges.
9.
Revocation of Sub.
Leg.
(E.A.
Cap.
31) SCHEDULE 43 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] CIVIL AVIATION (CHARGES FOR AIR NAVIGATION SERVICES) REGULATIONS, 1979 [L.N.
40/1979, L.N.
38/1980, L.N.
28/1985.] 1.
Citation These Regulations may be cited as the Civil Aviation (Charges for Air Navigation Services) Regulations, 1979.
2.
Interpretation In these Regulations, unless the context otherwise requires Flight Information Region means the area allocated to the jurisdiction of the Area Control Centre at Nairobi by the International Civil Aviation Organization; journey in Kenya means (a) where an aircraft in the course of a flight originating at a place outside Kenya and terminating at a place outside Kenya enters the Nairobi Flight Information Region without landing in Kenya, the journey from the time it enters such airspace to the time it leaves it; or (b) where an aircraft in the course of a flight originating at a place outside Kenya and terminating at a place outside Kenya enters the Flight Information Region and lands, whether on one or more occasions, in the Flight Information Region in the course of such flight, the journey from the time it enters such airspace to the time it leaves it; or (c) where an aircraft in the course of a flight originating at a place outside the Flight Information Region and terminating at a place inside the Flight Information Region and lands, whether on one or more occasions, in the Flight Information Region, the journey from the time it enters such airspace to the time it leaves it; or (d) where an aircraft in the course of a flight originating at a place inside Kenya and terminating at a place outside Kenya leaves the Nairobi Flight Information Region, whether or not there are intermediate landings, the journey from the time it leaves the place of departure in Kenya to the time it leaves the Flight Information Region; or (e) where an aircraft makes one or a series of flights originating at a place inside Kenya and terminating at the same or any other place inside Kenya within a period of twenty-four hours commencing at midnight G.M.T.
on one day and terminating at midnight G.M.T.
on the following day, whether or not in the course of such flight or flights it leaves and re-enters the airspace over Kenya, the journey from the time it leaves the first place of departure to the time it arrives at the terminal place; maximum permitted number of passengers, in relation to an aircraft, means the maximum permitted number of passengers set out in the Certificate of Airworthiness of the aircraft; maximum total weight authorised, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off in accordance with the Certificate of Airworthiness of the aircraft; owner means the person in whose name the aircraft is registered and includes any person who is or has been acting as agent in Kenya for a foreign owner, and where the aircraft is operated for hire or reward by some person other than the registered owner, that person.
[Issue 1] 44 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 3.
Charges (1) There shall be paid to the Government by the owner of an aircraft making a journey in the Nairobi Flight Information Region the charges provided for by these Regulations in respect of air navigation services provided by the Kenya Government.
(2) Subject to regulation 4, charges shall be paid in respect of each journey in the Flight Information Region of an aircraft at the rates and in the manner determined and notified by the Director through notams (notices to airmen), information circulars, aeronautical information publications, notices to owners of civil aircraft, civil aviation publications (c.a.p.) or such other official publications that may be issued for enabling this regulation to be complied with.
[L.N.
28/1985.] 4.
Procedure for commutation (1) An owner wishing to pay the commuted charges shall make application to do so to the Director and the charges shall be payable in advance at the rates notified in accordance with paragraph (2) of regulation 3.
(2) Where an owner makes an application to pay commuted charges during any year in respect of the same calendar year, the commuted charges to be paid shall be reduced as follows (a) when the application is made during the month of April, May or June, the charges shall be reduced by one-quarter of the total amount; (b) when the application is made during the month of July, August or September, the charges shall be reduced by one-half of the total amount; and (c) when the application is made during the month of October, November or December, the charges shall be reduced by three-quarters of the total amount.
5.
Recovery of charges (1) Any charges to be paid under these Regulations shall constitute a debt to the Government and may be recovered by legal proceedings brought by the Director of Civil Aviation in that name and the officer holding such appointment may for all the purposes of such proceedings be described by that name.
(2) An entry in the aircraft movements logbook at the Area Control Centre at Nairobi shall be prima facie proof that the particular aircraft was within the airspace over Kenya at the time recorded in the logbook.
(3) A certificate issued by the Director of the maximum total weight authoriZed and the maximum permitted number of passengers of an aircraft shall, in respect of Kenya aircraft, be prima facie proof thereof.
6.
Detention of aircraft (1) Notwithstanding that a statement may not yet have been sent to the owner under paragraph (3) of regulation 3, it shall be lawful for the Director, or any person authorized by him in writing in that regard, to detain any aircraft the owner of which has refused or neglected to pay the charges payable by him under these regulations.
(2) Any aircraft which has been detained under paragraph (1) shall be released upon payment in full of the charges owing by the owner.
(3) The Director 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).
45 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 7.
Exemption from payment of charges (1) If prior notice is given to the Director by or on behalf of the owner of an aircraft that a journey in Kenya is to be made for the purpose of testing the aircraft, the owner of the aircraft shall be exempt from liability to pay a charge under these Regulations in respect of that journey.
(2) The Director may, in writing, exempt from liability to pay the charges under these Regulations owners of an aircraft making journeys for any of the following purposes (a) the search for, or relief or rescue of, persons in distress; (b) the transport of refugees sponsored by the United Nations Organisation; (c) the transport of foreign diplomatic missions; (d) such other purposes as the Director may approve.
8.
Refund of charges (1) The Director may, in accordance with subregulation (2) grant a refund of any commuted charge paid in respect of an aircraft, where such aircraft is sold or otherwise disposed of by the owner, or becomes unserviceable during the year in respect of which the commuted charge was paid.
(2) The amount of any refund made under subregulation (1) shall be calculated to the nearest shilling at the rate of one-fifteenth part of the commuted charge for each completed month remaining in the year in respect of which the charge was made at the date of the sale, disposal or unserviceability of the aircraft.
9.
Revocation of Sub.
Leg.
(E.A.
Cap.
31) The East African Civil Aviation (Charges for Air Navigation Services) Regulations, in so far as they apply to Kenya, are hereby revoked.
SCHEDULE CHARGES FOR AIR NAVIGATION SERVICES Aircraft Category Charges in respect of each journey Normal rates Commuted rates Sh.
cts.
Sh.
cts.
A.
Up to 10,000 kgs.
Single Engine.
20 00 750 00 Multiple Engine.
80 00 2,000 00 B.
10,00120,000 kgs.
8 50 per metric tonne C.
20,001100,000 kgs.
10 00 D.
100,001-200,000 kgs.
11 00 per metric tonne E.
Over 200,000 kgs.
10 00 per metric tonne [Issue 1] 46 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS, 1979 ARRANGEMENT OF REGULATIONS Regulation 1.
Citation.
2.
Interpretation and application.
3.
Notification of accidents.
4.
Requirements as to notification.
5.
Removal of damaged aircraft.
6.
Investigations by Inspector.
7.
Procedure on investigation.
8.
Report of Inspector.
9.
Inquiries.
10.
Rehearing of public inquiries.
11.
Representation by country of registration of aircraft.
12.
Offences.
47 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] CIVIL AVIATION (INVESTIGATION OF ACCIDENTS) REGULATIONS, 1979 [L.N.
41/1979.] 1.
Citation These Regulations may be cited as the Civil Aviation (Investigation of Accidents) Regulations.
2.
Interpretation and application (1) In these Regulations, unless the context otherwise requires accident means any 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, in which (a) any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything thereto; or (b) the aircraft receives substantial damage; Chief Inspector means the Chief Inspector of Accidents; Inspector means an Inspector of Accidents; owner means, in relation to an aircraft or aerodrome, the person in whose name the aircraft or aerodrome is registered or licensed, and includes any person who is or has been acting as an agent in Kenya for a foreign owner, or any person by whom the aircraft or aerodrome is hired at the time; substantial damage includes any damage which necessitates the replacement or extensive repair of any major component of an aircraft.
(2) These Regulations shall apply to accidents arising out of or in the course of air navigation which occur to any civil aircraft in or over Kenya or elsewhere to aircraft registered in Kenya.
3.
Notification of accidents An accident shall be notified in accordance with the provisions of regulation 4, if between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked therefrom (a) a person is fatally or seriously injured as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or (b) the aircraft incurs damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft and which would normally require major repair or replacement of the affected component; or (c) the aircraft is missing or is completely inaccessible.
4.
Requirements as to notification (1) Where an accident occurs of which notification is required to be given under regulation 3, the person in command of the aircraft involved at the time of the accident, or, if he is killed or incapacitated, the owner, operator, hirer, or other person on whose behalf he was in command of the aircraft, as the case may be, shall forthwith send notice thereof to the Chief Inspector by the quickest means of communication available and, in the case of an accident occurring in or over Kenya, shall also notify forthwith the local police authorities of the accident and of the place where it occurred.
[Issue 1] 48 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) The notice to the Chief Inspector referred to in paragraph (1) shall state as far as possible (a) the type, model and the nationality and registration marks of the aircraft; (b) the name of the owner, operator and hirer, if any, of the aircraft; (c) the name of the person in command of the aircraft; (d) the date and Greenwich Mean Time of the accident; (e) the last point of departure and the next point of intended landing of the aircraft; (f) the position of the aircraft with reference to some easily defined geographical point; (g) the number of persons (if any) (i) killed, or (ii) seriously injured, as a result of the accident; (h) the nature of the accident, as far as is known, and brief particulars of damage to the aircraft.
(3) Where an accident occurs in or over Kenya to an aircraft registered in any country other than Kenya, the Chief Inspector shall, with the least possible delay and by the quickest means of communication available, forward a copy of the notice referred to in paragraph (1) to the appropriate authority of the country in which such aircraft was registered and shall, as soon as practicable, inform such authority as to whether, and the extent to which, an investigation will be carried out or an inquiry held.
(4) Where an accident occurs whether in or over Kenya or elsewhere, the owner, operator, or hirer of the aircraft shall, if so required by notice in writing from the Chief Inspector, send to the Chief Inspector within such time as may be specified in the notice, such information with respect thereto and in such form as the Chief Inspector may require.
5.
Removal of damaged aircraft (1) Where an accident occurs in or over Kenya of which notification is required to be given under regulation 3, no person other than an authorized person shall have access to the aircraft involved in the accident and the aircraft shall not, except under the authority of the Chief Inspector, be moved or otherwise interfered with: Provided that (i) the aircraft may be removed or interfered with so far as may be necessary for the purpose of extricating any persons or animals trapped therein, removing mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to other transport; (ii) goods or passengers baggage may be removed from the aircraft under the supervision of a police officer, but if the aircraft has come from a place outside Kenya, the goods and passengers baggage shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of the Commissioner of Customs and Excise; (iii) if an aircraft is wrecked on water, the aircraft or any contents thereof may be moved to such extent as may be necessary for bringing it or them to a place of safety.
(2) For the purposes of paragraph (1), the expression authorized person means any person authorized by the Inspector either generally or specifically to have access to any aircraft which has been involved in an accident and includes any police officer or any officer of the Customs and Excise Department.
49 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (3) Where an accident occurs in or over Kenya and the Chief Inspector is of the opinion that the aircraft involved in the accident is likely to be a danger or obstruction to the public or to air navigation or to other transport, he may order the owner of such aircraft to remove it to such place as he shall indicate, or, in the absence of the owner or in the event of his non-compliance with such order, the Chief Inspector shall be empowered to remove the aircraft himself and in either case, the expense incurred in removing such aircraft shall fall upon and be recoverable from the owner of such aircraft; and the Chief Inspector shall not be liable for any damage occurring to the aircraft during its removal in accordance with the provisions of this paragraph.
6.
Investigations by Inspector (1) For the purpose of carrying out investigations into the causes and circumstances of accidents to which these Regulations apply, the Minister shall appoint persons to be Inspectors of Accidents including a Chief Inspector of Accidents and a Deputy Chief Inspector of Accidents.
(2) The Chief Inspector, if he thinks fit, may himself carry out an investigation or cause an investigation to be carried out by an inspector of any accident to which these Regulations apply whether or not such accident is one whereof notification is required to be given under regulation 3.
(3) Public notice that an investigation under paragraph (2) is taking place shall be given in such manner as the Chief Inspector may think fit and shall state that any person who may wish to make representations concerning the circumstances or cause of the accident may do so in writing within a time to be specified in the notice.
7.
Procedure on investigation (1) The Inspector by whom an investigation is made shall have power (a) by summons under his hand, to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigations; (b) to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him; (c) to have access to and examine any aircraft involved in the accident and the place where the accident occurred, and for that purpose to require any such aircraft or any part or equipment thereof to be preserved unaltered pending examination; (d) to examine, remove, test, take measures for the preservation of, or otherwise deal with the aircraft or any part thereof or anything contained therein; (e) to enter and inspect any place or building the entry or inspection whereof appears to the Inspector to be necessary for the purpose of the investigation; (f) to take measures for the preservation of evidence.
(2) The investigations under this Regulation shall be held in private.
(3) Where it appears to the Inspector that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and call evidence and examine witnesses.
[Issue 1] 50 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (4) Where it appears to the Inspector that any degree of responsibility for the accident may be attributed to any person and if it appears to the Inspector to be practicable so to do, that person, or if he is deceased, his legal personal representative shall be given notice that blame may be attributed to him and be permitted to make a statement or give evidence and to produce witnesses and to examine any witnesses from whose evidence it appears that he may be blameworthy.
(5) The Attorney-General may intervene at any stage of an investigation in order to make representations or to examine witnesses, if it appears to him expedient so to do in the public interest.
(6) Every person summoned by the Inspector as a witness in accordance with this regulation shall be allowed such expenses as the Minister may from time to time determine and such expenses shall be paid by the Minister from such funds as may be approved for the purpose by Parliament.
8.
Report of Inspector (1) Upon the completion of an investigation under regulation 6, the Inspector who has carried out the investigation shall make a report to the Minister.
(2) The Inspector shall in such report state (a) the circumstances of the case and his conclusions as to the cause of the accident, adding any observations and recommendations which he thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future; (b) the extent to which effect has been given to regulation 7(4).
(3) The Minister may cause the whole or any part of such report to be made public in such manner as he thinks fit.
9.
Inquiries (1) Where it appears to the Minister that it is expedient to hold a public inquiry into the causes and circumstances of an accident to which these Regulations apply, he may direct that a public inquiry shall be held by such person as he may appoint for that purpose; and in any such case any investigation being carried out by an Inspector relating to the accident shall be discontinued.
(2) The person appointed under the provisions of subregulation (1) to hold a public inquiry (hereinafter called the Court) shall be either a person who holds or has held judicial office in Kenya or an advocate of not less than ten years standing entitled to practise before any of the Courts of Kenya; and the Court shall be assisted by one or more assessors (of whom one may be an Inspector) possessing aeronautical engineering or other special skill or knowledge to be appointed by the Chief Inspector.
(3) Where the Minister has directed a public inquiry to be held the case shall be remitted to the Attorney-General, and thereafter the preparation and representation of the case shall be conducted by or under the direction of the Attorney-General; and the Chief Inspector shall render such assistance to the Court and to the Attorney-General as is in his power and for that purpose shall have the powers conferred by regulation 7(1) on an inspector with respect to an investigation carried out by an inspector.
(4) Every public inquiry held under these Regulations shall be conducted in such manner that, if a charge is made against any person, that person shall have an opportunity of making a defence.
(5) When a public inquiry has been ordered, the Attorney-General may cause a notice (in these Regulations referred to as a notice of inquiry) to be served upon the owner, operator, hirer and person in command of any aircraft involved in the accident, as well as upon any person who in his opinion ought to be served with such notice; and such notice 51 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] shall contain a statement of the questions which, on the information then in the possession of the Attorney-General, he intends to raise on the hearing of the inquiry, and the Attorney-General may, at any time before the hearing of the inquiry, by a subsequent notice amend, add to, or omit any of the questions specified in the notice of inquiry.
(6) The Attorney-General, the owner, the operator, the hirer, the person in command of the aircraft, and any other person upon whom a notice of inquiry has been served, shall be deemed to be parties to the proceedings.
(7) Any other person may by leave of the Court appear; and any person who so appears shall thereupon become a party to the proceedings.
(8) The Court shall have, for the purposes of inquiry, all the powers of a subordinate court presided over by a magistrate of the first class and the Court may (a) enter and inspect or authorize any person to enter and inspect, any place or building within Kenya the entry or inspection whereof appears to the Court necessary for the purposes of the inquiry; (b) by summons require the attendance as witnesses of all such persons within Kenya as the Court thinks fit to call and examine, and require such persons to answer any questions or furnish any information or produce any books, papers, documents and articles which the Court may think relevant; (c) administer an oath to any such witness, or require any witness to make and sign a declaration of the truth of the statements made by him in his examination; and the assessors shall have the same power of entry and inspection as the Court.
(9) Affidavits and statutory declarations may, by permission of the Court, be used as evidence at the hearing.
(10) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties upon whom notices of inquiry have been served, or any of them, are present or not.
(11) The Court may hold the inquiry in public except to the extent to which the Court is of opinion that in the interests of justice or in the public interest any part of the evidence, or any argument relating thereto, should be held in camera.
(12) The proceedings of the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney-General, and (a) the witnesses, after being examined on behalf of the Attorney-General, may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney-General; (b) questions asked and documents tendered as evidence in the course of the examination of the witnesses shall not be open to objection merely on the ground that they do or may raise questions which are contained in or which vary from the questions specified in the notice of inquiry or subsequent notices referred to in paragraph (5).
(13) When the examination of the witnesses produced on behalf of the Attorney- General has been concluded, the Attorney-General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired; and in framing the questions for the opinion of the Court the Attorney-General shall make such modifications in, additions to, or omissions from, the questions in the notice of inquiry or subsequent notices referred to in paragraph (5) as, having regard to the evidence which has been given, the Attorney-General or the Court may think fit.
[Issue 1] 52 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (14) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the proceedings and determine the questions so stated, and (a) each party to the proceedings shall be entitled to address the Court and produce witnesses who have already been examined for further examination and generally adduce evidence; (b) the parties shall be heard and their witnesses examined and cross- examined in such order as the Court shall direct; (c) further witnesses may also be produced and examined on behalf of the Attorney-General and may be cross-examined by the parties and re-examined on behalf of the Attorney-General.
(15) When the whole of the evidence in relation to the question for the opinion of the Court has been concluded, any of the parties who desires so to do may address the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney-General.
(16) The Court may adjourn the inquiry from time to time and from place to place within Kenya; and where an adjournment is asked for by and party to the inquiry the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting adjournment.
(17) The Court shall make a report to the Minister stating fully its opinion in respect of the questions stated under subregulation (13), the circumstances of the case and the opinion of the Court touching the cause of the accident and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any licence, certificate or other document.
(18) Each assessor shall either sign the report, with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent and such reservations or dissent and reasons (if any) shall be forwarded to the Minister with the report; and the Minister shall, unless there are good reasons to the contrary, cause any such report and reservations or dissent and reasons (if any) to be made public wholly or in part in such a manner as he thinks fit.
(19) Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before the High Court of Kenya and in the case of dispute as to the amount to be allowed, the matter shall be referred by the Court to the registrar of the High Court who on a request signed by the Court shall ascertain and certify the proper amount of expenses: Provided that, in the case of any party to the proceeding or of any person in the employment of such party, any such expenses may be disallowed if the Court so directs.
(20) The Court may order the costs and expenses of the inquiry, or any part thereof, to be paid by any party if it finds that the accident was due to the act or default or negligence of that party or of any person in the employment of that party; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a subordinate court as if the costs and expenses were a penalty imposed by the Court, but, subject to any such order, such costs and expenses shall be paid by the Minister from such funds as may be approved for the purpose by Parliament.
(21) Any notice, summons or other document issued under this regulation may be served by sending it by registered post to the last known address of the person to be served.
(22) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.
53 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 10.
Rehearing of public inquiries (1) The Minister may in any case where a public inquiry has been held direct a rehearing of the inquiry either generally or as to any part thereof and shall do so (a) if new and important evidence which could not be produced at the inquiry has been discovered; or (b) if for any other reasons there is in his opinion grounds for suspecting that a miscarriage of justice has occurred.
(2) If the Minister directs any inquiry to be reheard, he may order that the inquiry shall be reheard either by the Court by whom the inquiry was heard in the first instance or by some other person or persons appointed by him to hold the rehearing.
(3) Any rehearing shall be subject to and conducted in accordance with the provisions of these Regulations relating to the holding of public inquiries.
11.
Representation by country of registration of aircraft (1) Where an investigation carried out by an Inspector or a public inquiry relates to an accident which has occurred in or over Kenya to an aircraft registered in any country other than Kenya, an accredited representative of the country of registration or of any country which has, on request, furnished information in connection with the accident, may take part in the investigation or in the inquiry, as the case may be, and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country by which he is appointed.
(2) Where an accident has occurred in or over Kenya to an aircraft registered in any country other than Kenya, the Chief Inspector may authorize an investigator appointed by the duly competent authority of that country to make inquiries and in that event the Chief Inspector shall, so far as he is able, facilitate inquiries by the investigator so appointed.
12.
Offences (1) Any person who (a) obstructs or impedes the Court or an inspector or an assessor or any person acting under the authority of the Minister in the exercise of any powers or duties under these Regulations; or (b) without reasonable excuse (the proof whereof shall lie on him) fails, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the Court holding a public inquiry or an Inspector carrying out an investigation under these Regulations, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two months.
(2) Any person who contravenes any of the provisions of regulations 3, 4 and 5 shall be guilty of an offence and liable to a fine not exceeding eight thousand shillings or to a term of imprisonment not exceeding six months.
13.
Revocation of Sub.
Leg.
(E.A Cap.
31) The East African Civil Aviation (Investigation of Accidents) Regulations, in so far as they apply to Kenya, are hereby revoked.
[Issue 1] 54 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (LICENSING OF AIR SERVICES) REGULATIONS, 1979 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1.
Citation.
2.
Interpretation.
PART II LICENSING OF INTERNAL AIR SERVICES 3.
Internal air services to be licensed.
4.
Conditions attached to licences for internal air service.
5.
Application for a licence.
6.
Publication of applications for licences.
7.
Objection to licences.
8.
Sanction of the licensing authority.
9.
Grant and duration of licence.
10.
Matters to be taken into account.
11.
Reasons for decision.
12.
Revocation or suspension of licence.
13.
Publication of decisions.
PART III LICENSING OF INTERNATIONAL AIR SERVICES 14.
Scheduled international air services.
15.
International air licence.
16.
Suspension, etc., of international air licence.
17.
Operating authorisation.
18.
Non-scheduled flights.
19.
Non-scheduled flights by foreign aircraft not possessing nationality of a contracting state.
PART IV GENERAL PROVISIONS RELATING TO LICENCES 20.
Provisional licences.
21.
Amendment of licences.
22.
Form of licences.
23.
Conditions attached to all licences.
24.
Transfer of licences.
25.
Confidential information.
26.
Licence includes provisional licence.
27.
No continuing benefits.
28.
Carrying of mail.
29.
Returns.
30.
Production of licence.
31.
Surrender and cancellation of licences.
32.
Loss or destruction of a licence.
33.
Change of address of licensee.
55 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Regulation 34.
Records.
35.
Application and licence fees.
PART V APPEALS FROM DECISIONS OF LICENSING AUTHORITY 36.
Establishment of an Appeals Tribunal.
37.
Appeals to Appeals Tribunal.
38.
Procedure on appeals.
39.
Sitting of Appeals Tribunal.
40.
Hearing of appeals.
41.
Determination of appeal.
PART VI OFFENCES AND PENALTIES 42.
Illegal use of aircraft.
43.
Evidence and proof.
44.
False information.
45.
Contravention of Regulations or conditions.
46.
Appointment and powers of air transport officers.
47.
Procedure on detention or recall of aircraft.
48.
Revocation of Sub.
Leg.
(E.A.
Cap.
31).
SCHEDULES FIRST SCHEDULE PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE SECOND SCHEDULE PARTICULARS OF APPLICATION TO BE PUBLISHED THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE PARTICULARS TO BE GIVEN BY HOLDERS OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED).
PASSENGERS SHOULD BE STATED IN NUMBERS, DISTANCES IN STATUTE MILES OF 1,760 YARDS AND GOODS AND MAIL IN KILOGRAMS [Issue 1] 56 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (LICENSING OF AIR SERVICES) REGULATIONS, 1979 [L.N.
103/1979, L.N.
543/1988, L.N.
11/1993, L.N.
13/2003.] PART I PRELIMINARY 1.
Citation These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 1979.
2.
Interpretation (1) In these Regulations, unless the context otherwise requires airline means an air transport enterprise offering or operating an air service; air service means any service performed by an aircraft for hire or reward; air transport officer means any person appointed as such under regulation 46; Appeals Tribunal means the Appeals Tribunal established under regulation 36; contracting state means a state that is party to the Chicago Convention; foreign aircraft means an aircraft registered elsewhere than in Kenya; licence means, except in paragraph 3 of the Fourth Schedule, any licence granted under these Regulations; provisional licence means a licence granted under regulation 20; scheduled air service means one of a series of air services which are operated between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them; short-term licence means a licence in force for a period not exceeding seven days; specified currency has the meaning assigned to it under the Exchange Control Act, (Cap 113).
(2) For the purposes of these Regulations the Kenya Civil Aviation Authority shall be the licensing authority and any references to the licensing authority shall be deemed to be references to the Kenya Civil Aviation Authority.
[L.N.
11/1993, s.
2, L.N.
13/2003, s.
2.] PART II LICENSING OF INTERNAL AIR SERVICES 3.
Internal air services to be licensed No person shall use an aircraft within Kenya for the provision of any air services except under and in accordance with the terms of a licence granted by the licensing authority under these Regulations to that person.
4.
Conditions attached to licences for internal air service The licensing authority may attach to a licence any condition which it considers desirable in the public interest, in the interest of safety, or in order to prevent uneconomic competition, and may impose (a) a condition that the aircraft to be operated under the licence shall or shall not be used over specified routes or in specified areas; 57 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) a condition that certain classes or descriptions of passengers or goods shall or shall not be carried; (c) a condition that passengers or goods shall be carried between specified places; (d) a condition that intermediate landings may or shall be made at specified places for the purpose of landing or loading passengers or goods; (e) a condition that the schedule of air services from time to time approved by the licensing authority shall be observed; (f) a condition as to the number and type of aircraft to be used; (g) a condition limiting the loading of an aircraft over the whole or any portion of the route on which it is to be operated; (h) a condition specifying any charges that may be made for the air service; (i) a condition as to the wages, conditions and hours of employment of any person employed in connection with the air service.
(2) It shall be a condition of every licence that the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall refuse booking facilities to any other holder of a licence or shall grant such facilities to such other holder only on onerous terms.
5.
Application for a licence (1) Every application for a licence shall be made to the licensing authority on a form to be obtained from it on demand and shall contain the particulars set out in the First Schedule.
(2) Every application for a licence shall be signed by the person applying for the licence and if made by a corporate body or partnership firm shall be signed by a person authorized in that behalf by such body or by a partner of the partnership firm as the case may be.
(3) Every application for a licence, other than a licence to remain in force for a period not exceeding seven days, shall be sent to the licensing authority so as to reach it on a date not less than twenty-eight days, and for a licence to remain in force for a period not exceeding seven days on a date not less than fourteen days, before the date on which it is desired that the licence shall take effect; but the licensing authority may in its discretion accept and deal with any application for a licence received by it after the specified date.
(4) Where an application is made to the licensing authority for a licence to remain in force for a period not exceeding seven days, and the licensing authority is satisfied that it is in the public interest that the application should be determined with expedition, it may so determine the application and grant a licence accordingly; and the provisions of these Regulations as to the publication of particulars of applications, and the making of objections and representations, shall not apply in that case.
6.
Publication of applications for licences The licensing authority shall, within fourteen days after the receipt of an application for a licence other than an application for a licence referred to in paragraph (4) of regulation 5, cause to be published in the Gazette a notice containing the particulars of the application specified in the Second Schedule and a specified date, not less than twenty- eight days after the publication of the notice, by which any representations or objections with regard to the application must be made to the licensing authority.
7.
Objection to licences (1) Every representation or objection with regard to an application for a licence shall (a) be in writing; (b) state the specific grounds on which it is based; [Issue 1] 58 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (c) specify any conditions which it may be desired should be attached to a licence if granted; and (d) be signed by the representor or objector, and if the representation or objection is made by any corporate body or a partnership firm, it shall be signed by a person authorized in that behalf by such body or a partner of the partnership firm.
(2) A copy of every representation or objection made under subregulation (1) shall be sent by the person making it to the applicant for the licence at the same time as it is sent to the licensing authority.
8.
Sanction of the licensing authority Subject to paragraph (4) of regulation 5, every application for a licence or a variation of a licence and every representation and objection thereto made in accordance with regulation 7 shall, at a time and place to be notified thereby, be considered by the licensing authority which shall, at the request of the applicant or of the representor or objector, examine such application, representation or objection in public.
9.
Grant and duration of licence The licensing authority may grant licences in accordance with the provisions of these Regulations and such licences shall, subject to regulations 12 and 31, continue in force for such period, not exceeding seven years from the date on which any licence is expressed to take effect, as may be specified by the licensing authority: Provided that if, on the date of the expiration of a licence, an application has been made for the grant of a new licence in substitution for the existing licence held by the applicant, such existing licence shall continue in force until such application has been determined.
10.
Matters to be taken into account In exercising its discretion under regulation 9 the licensing authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping, and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities and in particular the licensing authority shall have regard to the following matters (a) the existence of other air services in the area through which the proposed air service is to be operated; (b) the possibilities of air transport in that area; (c) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators; (d) the period for which such services have been operated by the applicant or by other operators; (e) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency; (f) the financial resources of the applicant; (g) the type of aircraft proposed to be used on the service; (h) the competence of the applicant, having regard to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the application on flights of the description and for the purposes so specified, 59 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] and the licensing authority shall also take into consideration any objection or representation made under regulation 7.
11.
Reasons for decision In any case in which the licensing authority refuses to grant or amend a licence, or grants or amends a licence which differs from the licence or amendment for which application has been made, or imposes conditions to which the applicant objects or grants a licence despite an objection, the licensing authority shall, if required by the applicant or objector so to do, state in writing the reasons for its decision upon the payment of a fee of fifteen United States dollars or the equivalent in specified currency by the applicant or objector.
[L.N.
11/1993, s.
3.] 12.
Revocation or suspension of licence (1) A licence may be revoked or suspended by the licensing authority on the ground (a) that the licence holder has been convicted of an offence under regulation 44 or regulation 45 in respect of his licence; or (b) that any condition subject to which the licence was granted has not been observed; (c) that it is in the interest of public security or public safety that the licence should be revoked or suspended.
(2) Before revoking or suspending any licence under this regulation the licensing authority shall give twenty-eight days notice in writing to the holder thereof stating the grounds upon which it is proposed to revoke or suspend the licence; and the licensing authority shall not revoke or suspend the licence unless satisfied that, having regard to the facts constituting the offence under regulation 44 or regulation 45, or owing to the frequency of the failures on the part of the holder to comply with conditions or to the failure having been wilful, or to the failure being failure to comply with the conditions attaching to every licence by virtue of paragraph (2) of regulation 4 and regulation 23, the licence should be revoked or suspended.
(3) In any case where a licence is revoked or suspended the licensing authority shall, if required by the holder of the licence to do so, state in writing the reasons for its decision.
[L.N.
543/1988, s.
2.] 13.
Publication of decisions Particulars of the decisions of the licensing authority (a) on application for licences; and (b) to revoke or suspend a licence, shall be published by the licensing authority in the Gazette and such particulars shall be those set out in the Third Schedule or the Fourth Schedule, as the case may require.
PART III LICENSING OF INTERNATIONAL AIR SERVICES 14.
Scheduled international air services An airline whose principal place of business is in a foreign state shall not operate a scheduled air service to, from or across Kenya unless there is in force an operating authorization for that air service issued by the licensing authority in accordance with paragraph (1) of regulation 17.
[Issue 1] 60 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 15.
International air licence (1) An application for an international airline licence shall contain the particulars set out in paragraph (1) of the First Schedule and shall be accompanied by an application fee of one hundred and twenty United States dollars or the equivalent in specified currency.
(2) An applicant for an international airline licence shall, as soon as practicable, furnish the Director-General with a copy of the Operations Manual containing complete instructions as to the conduct of flight operations in respect of which the licence is sought.
[L.N.
11/1993, s.
4, L.N.
13/2003, s.
3.] 16.
Suspension, etc., of international air licence The licensing authority may amend, suspend or revoke an international airline licence if the holder thereof or any aircraft operated by him fails to comply with any provision of these Regulations, or the Civil Aviation (Air Navigation) Regulations (continued in force by section 21(5) of the Act) or the terms of such licence.
17.
Operating authorization (1) The licensing authority shall, on request, issue to an airline referred to in regulation 14 an operating authorization in the event that (a) there is in force between Kenya and the state in which the airline has its principal places of business an air service agreement or arrangement under and in accordance with which scheduled air services may be operated to, from or across Kenya; and (b) the airline has been designated in accordance with the provisions of the relevant agreement or arrangement; and (c) the licensing authority is satisfied that the airline conforms to and complies with the terms and conditions of the relevant agreement or arrangement.
(2) An operating authorization shall remain valid only while the relevant agreement or arrangement remains in force and the licensing authority may amend, suspend or revoke the operating authorization only in accordance with the terms and conditions of that agreement or arrangement.
18.
Non-scheduled flights (1) An aircraft which possesses the nationality of a contracting state may, subject to observance of the terms of the Chicago Convention and the provisions of any written law, fly in transit non-stop across Kenya or land in Kenya for non-traffic purposes, in the course of a non-scheduled flight, without the necessity of obtaining a licence; except that the licensing authority may refuse to grant any of the rights specified in this paragraph.
(2) Where an aircraft which possesses the nationality of a contracting state makes a non-scheduled flight into Kenya it shall not take on or discharge passengers, cargo or mail in Kenya (being passengers, cargo or mail that has been, or is to be carried for reward) except in accordance with a licence issued under these Regulations.
(3) The licensing authority shall cause to be published in an aeronautical information publication or aeronautical information circular or notice to airmen the procedure to be followed and the particulars to be supplied by applicants for a licence referred to in paragraph (2).
(4) In considering an application for a licence referred to in paragraph (2) the licensing authority shall have regard to (a) the public interest; 61 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) the need to provide reasonable protection for the operators of scheduled air services between Kenya and other states so as to ensure the maintenance of regular air services for the carriage of passengers, cargo and mail between Kenya and other states; and (c) any resolution or decision of the International Civil Aviation Organization or of the International Air Transport Association that has been approved by the authority and is relevant to the matter.
(5) The licensing authority in granting a licence referred to in paragraph (2) may attach such conditions thereto as it sees fit.
(6) Notwithstanding anything contained in the provisions of this Regulation, where it appears to the Director-General that an aircraft which possesses the nationality of a contracting state is intended in the course of a non-scheduled flight over Kenya to proceed over regions which are without adequate air navigation facilities, the Director-General may, if he considers it necessary in the interests of safety, direct that the aircraft shall follow an established air route or that the flight shall be conducted in accordance with such conditions as he may require and the aircraft shall comply with such direction.
[L.N.
13 of 2003, s.
3.] 19.
Non-scheduled flights by foreign aircraft not possessing nationality of a contracting state (1) A foreign aircraft which does not possess the nationality of a contracting state shall not make a non-scheduled flight to, from or across Kenya except in accordance with the provisions of a licence issued in accordance with these Regulations.
(2) In granting a licence under paragraph (1) the licensing authority may impose such conditions and requirements as to the flight as it thinks fit, including such conditions and requirements as it considers necessary to ensure compliance with the general principles contained in the Chicago Convention, and the aircraft shall comply with such conditions and requirements.
PART IV GENERAL PROVISIONS RELATING TO LICENCES 20.
Provisional licences The licensing authority may, if it thinks fit, pending the determination of an application for a licence, grant to the applicant a provisional licence which shall remain in force until the application is determined.
21.
Amendment of licences (1) The licensing authority may, during the currency of a licence, of its own motion or on the application of the holder of the licence, amend or revoke any of the terms or conditions of the licence or add any new terms and conditions which it may consider necessary in the public interest.
(2) The licensing authority shall give to the holder of the licence and in the case of a licence issued under Part II to every other person who in its opinion is likely to be affected, twenty-eight days notice of its intention to exercise any power conferred on it by paragraph (1).
22.
Form of licences (1) A licence and an operating authorization shall be in such form as the licensing authority considers suitable to meet the requirements of any particular application approved by the licensing authority and if the authority considers it convenient, it may grant to the operator of more than one service a licence or operating authorization in a consolidated form.
[Issue 1] 62 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) Where a licence is granted in a consolidated form, the provisions of these Regulations relating to the payment of fees and to the imposition and variation of conditions shall apply in respect of each separate service authorized under the licence as if the licence in its application to that service were a separate licence.
23.
Conditions attached to all licences It shall be a condition of every licence that the requirements of any law relating to aviation for the time being in force in Kenya and of any air traffic control procedure for the time being in force in Kenya shall be complied with at all times during the currency of the licence in connection with all flights performed under the licence.
24.
Transfer of licences A licence shall not be capable of being transferred or assigned; except that in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence, or of the appointment of a receiver or manager or trustee in relation to the business of the holder, the person for the time being carrying on that business shall, if within fourteen days application is made for a new licence, be entitled to perform the air service authorised by the licence subject to the conditions and the obligations thereof until the application is determined.
25.
Confidential information Nothing in these Regulations shall require a disclosure by the applicant for a licence to any person, other than the licensing authority, of information as to his financial resources, and any such information received by the licensing authority from an applicant shall be treated as confidential.
26.
Licence includes provisional licence Any reference to a licence in regulation 3, 4, 24, 25, 29, 30, 45 or 46 shall be construed as including references to a provisional licence.
27.
No continuing benefits Nothing in these Regulations shall be treated as conferring upon the holder of a licence or upon any other person, any right to the continuance of any benefits arising from the provision of these Regulations or from any licence granted thereunder or from any conditions attached to any such licence.
28.
Carrying of mail (1) The holder of a licence shall perform all such reasonable services as the Kenya Posts and Telecommunications Corporation may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon air services operated under the licence.
(2) The remuneration for any services performed in pursuance of this regulation shall be such as may from time to time be determined by agreement between the Kenya Posts and Telecommunications Corporation and the licence holder.
29.
Returns (1) The holder of a licence or operating authorization shall make a monthly return in writing to the licensing authority giving, in respect of the month to which the return relates, the particulars set out in the Fifth Schedule with regard to all air services authorized by the licence or operating authorization.
63 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (2) The returns to be made in accordance with paragraph (1) shall be made on a form to be obtained on application to the licensing authority, and shall be sent to the licensing authority not later than two months after the expiration of the month to which the return relates.
30.
Production of licence The holder of a licence shall produce such licence for examination if required to do so by the Director-General or any person in that behalf authorized by him, or by any police officer of or above the rank of Assistant Inspector, or by any person duly authorized by the licensing authority in that behalf, but may elect whether to produce it at an aerodrome used in connection with air service authorized by the licence or at his head office or provisional place of business if situated in Kenya.
[L.N.
13/2003, s.
3.] 31.
Surrender and cancellation of licences (1) In the event of the holder of a licence ceasing to operate the air service authorized thereby he shall forthwith notify the licensing authority and return the licence to it for cancellation: Provided that where, owing to the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or to the appointment of a receiver or manager or trustee in relation to the business of the holder, he ceases to operate the air service authorized by the licence, then if the business of the holder is being carried on by some other person, that person shall forthwith notify the licensing authority and unless application has been made within fourteen days for a new licence, shall return the licence to it for cancellation.
(2) A licence may at any time be surrendered by the holder to the licensing authority for cancellation.
(3) If a licence ceases to have effect, otherwise than by the effluxion of time or is suspended or revoked, the holder thereof shall, within fourteen days after a notice to that effect has been delivered to him personally or sent to him by registered post at the address shown in his application or last notified in accordance with regulation 33, send or deliver the licence to the licensing authority for retention during the time of suspension or cancellation, as the case may be and the licensing authority shall on the removal of a suspension return the licence to the holder.
32.
Loss or destruction of a licence If a licence has been lost, destroyed or defaced the holder thereof shall forthwith notify the licensing authority which shall, if satisfied that licence has been lost, destroyed or defaced, issue a duplicate, so marked, and the duplicate so issued shall have the same effect as the original: Provided that, in the case of a licence that has been defaced, the duplicate shall be issued only after surrender of the original to the licensing authority.
33.
Change of address of licensee The holder of a licence shall, if he changes his address during the currency of the licence, notify such change to the licensing authority within fourteen days after the date of such change and shall, at the same time, send or deliver the licence to the authority; and the authority shall thereupon endorse upon the licence the licence holders new address and return the licence to him.
34.
Records (1) The licensing authority shall keep a record of all applications for licences showing whether the licence was granted or refused, and an entry shall be made in such record [Issue 1] 64 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] whenever a licence is revoked or suspended or expires by the effluxion of time and the record shall contain such particulars as will enable the application to be identified and shall show (a) the date from which any licence is expressed to operate; (b) the date on which it is expressed to expire; (c) any condition attached to the licence under the provisions of these Regulations; (d) in the case of a scheduled air service, the terminal places and the intermediate landing places to which the application relates; (e) in the case of an air service other than a scheduled air service, a detailed description of the type of air service and the area of operation.
(2) Any police officer of or above the rank of Assistant Inspector and any person authorized by the licensing authority shall be entitled at any reasonable time to inspect and take copies or extracts from the record kept in accordance with paragraph (1).
(3) In this regulation the term licence includes operating authorization.
35.
Application and licence fees (1) There shall be paid in respect of and together with any application for a licence or a variation of licence, other than an application for a licence under paragraph (4) of regulation 5, an application fee of one hundred and twenty United States dollars or the equivalent in specified currency.
(2) There shall be paid in respect of the grant or variation of any licence, other than a provisional licence or any licence issued under paragraph (4) of regulation 5, the fee of one hundred and twenty United States dollars or the equivalent in specified currency for each year or part of a year of the term for which the licence is expressed to remain in force and in respect of the grant of any provisional licence or of any licence granted under paragraph (4) of regulation 5, there shall be paid the sum of thirty United States dollars or the equivalent in specified currency.
(3) No refund of any fee paid in respect of the grant of a licence shall be made, whether on the surrender of the licence or otherwise, except where a licence is surrendered before its normal date of expiry upon the grant of a new licence in respect of the same air service, in which case there shall be refunded the sum of fifteen United States dollars or the equivalent in specified currency for each full year of the unexpired period of the licence, but the holder shall, in addition to the normal fee for the new licence, pay a special additional fee of fifteen United States dollars or the equivalent in specified currency.
[L.N.
11/1993, s.
5(a), s.
5(b), s.
5(c).] PART V APPEALS FROM DECISIONS OF LICENSING AUTHORITY 36.
Establishment of an Appeals Tribunal (1) There shall be an Appeals Tribunal the functions of which shall be to sit as a judicial authority for the determination of appeals from decisions of the licensing authority made under these Regulations.
(2) The Minister shall appoint one person to be the Appeals Tribunal.
37.
Appeals to Appeals Tribunal (1) Subject to these Regulations, any person aggrieved by a decision of the licensing authority shall have a right of appeal from the whole or any part of any decision of the licensing authority in respect of any licence or application under these Regulations.
65 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (2) A person who has made representations only in respect to an application shall not be considered to be a person aggrieved in terms of paragraph (1).
(3) This regulation shall not apply to licences, operating authorisations or applications made under Part III.
38.
Procedure on appeals (1) A notice of appeal shall be signed by or on behalf of any person aggrieved by a decision in respect of which an appeal lies under regulation 37 (herein referred to as the appellant) and shall be delivered to the Appeals Tribunal within thirty days after the publication of such decision and shall be accompanied by a fee of sixty United States dollars or the equivalent in specified currency.
(2) A copy of the notice of appeal referred to in paragraph (1) shall be served by the appellant on the licensing authority, and on each of the parties to the application; and for this purpose any person having a right of appeal against a decision of the licensing authority may require the licensing authority to furnish the names and addresses of the other parties at the hearing of such application.
(3) The Appeals Tribunal shall cause to be served upon any appellant who has given notice in accordance with paragraph (1) and on each of the parties referred to in paragraph (2), a notice of the date, time and place of the hearing of the Appeal and such notice shall be served not less than twenty-one days before such date.
(4) For the purposes of every appeal the licensing authority shall furnish to the Appeals Tribunal a copy of the record of proceedings including any notes of evidence taken by the licensing authority in connection with the subject matter of the appeal.
[L.N.
11/1993, s.
6.] 39.
Sitting of Appeals Tribunal (1) Every sitting of the Appeals Tribunal hall be held in public and at such place as the Appeals Tribunal deems convenient except that the Appeals Tribunal may, in the course of the hearing of any particular appeal, order that the hearing or any part thereof shall be held in private.
(2) Any sitting of the Appeals Tribunal may be adjourned from time to time and from place to place.
(3) The Appeals Tribunal may make an order prohibiting the publication of any report or description of the proceedings, or any report or description of the proceedings, or any part thereof in any appeal: Provided that no such order shall be made prohibiting the publication of the names and description of the parties to the appeal, or particulars of any licence relevant to the appeal.
(4) Subject to these Regulations, the Appeals Tribunal shall determine its own procedure.
40.
Hearing of appeals (1) Any party to an application or person who has been heard in connection with such application, shall have the right to be heard by the Appeals Tribunal in considering an appeal: Provided that in any such case a party who did not exercise his right to be heard in respect of the application, shall not have a right to be heard by the Appeals Tribunal unless he has served on it, and on all other parties to such application, at least ten days notice of his wish to be heard by the Appeals Tribunal, stating his reason for wishing to be heard, and has obtained the Appeals Tribunals consent to his being so heard.
[Issue 1] 66 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) Any party to an appeal may appear in person or be represented by any other person whom he may have authorized for that purpose.
(3) Any party to an appeal may produce to the Appeals Tribunal evidence additional to that received by the licensing authority such a party has served the other parties to the appeal within ten days notice of his intention so to do setting forth the substance for such new evidence, such a party and any such new evidence shall be subject to examination before the Appeals Tribunal by any other party to the appeal: Provided that the Appeals Tribunal shall not admit such evidence unless it is shown to its satisfaction that it was not available or would not have been obtained by reasonable diligence at the time of the original application made under Part II.
(4) The Appeals Tribunal may, if it thinks fit, require the licensing authority to amplify or explain the reasons of any decision subject to appeal and such amplification or explanation shall be in writing and shall be served on all parties to appeal.
(5) The Appeals Tribunal may receive as evidence any statement, document, information or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the same be otherwise admissible in a court of law.
41.
Determination of appeal (1) Upon the completion of the hearing of an appeal, the Appeals Tribunal shall send to the Minister a report containing a summary of the proceedings conducted by it and its recommendations to the Minister as to the determination by the Minister of the appeal.
(2) In determining the appeal, the Minister may confirm, modify or reverse the decision appealed against.
PART VI OFFENCES AND PENALTIES 42.
Illegal use of aircraft Any person who uses an aircraft in contravention of regulation 3, 14, 18 or 19 shall (a) in the case of an aircraft on an international air service, be guilty of an offence and liable, for a first offence to a fine not exceeding ninety thousand shillings and, for a second or subsequent offence to a fine not exceeding one hundred and twenty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years; and (b) in the case of an aircraft on an internal air service, be guilty of an offence and shall be liable for a first offence to a fine not exceeding forty thousand shillings and for a second or subsequent offence to a fine not exceeding eighty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years.
43.
Evidence and proof In any proceedings for an offence under these Regulations (a) if it is proved that passengers or cargo were carried on any aircraft, that fact shall, in the absence of proof to the contrary, be sufficient evidence that an air service was carried on by means of that aircraft; and (b) any licence may be proved by the production of a copy of the licence certified to be correct by the chairman whose signature shall be judicially noticed.
44.
False information Any person who knowingly supplies any false or misleading information touching any matter which is material to any application or appeal to the licensing authority or to any 67 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] member, servant or agent of the licensing authority, or to the Director-General, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand shillings or in the case of a second or subsequent offence to a fine not exceeding twenty thousand shillings or in default of payment thereof to imprisonment for a term not exceeding two years.
[L.N.
13/2003, s.
3.] 45.
Contravention of Regulations or conditions Any person who contravenes or fails to comply with any of the provisions of these Regulations or of any terms or conditions of a licence granted under the provisions of these Regulations shall be guilty of an offence and, except as otherwise provided for in these Regulations, shall be liable to a fine not exceeding one thousand shillings, or in the case of a second or subsequent offence, to a fine not exceeding twenty thousand shillings or, in default of payment thereof, to imprisonment for a term not exceeding two years, and, in the case of the holder of a licence granted under these Regulations, any penalty imposed under the provisions of this regulation shall be without prejudice to powers of revocation or suspension of the licence by the licensing authority under regulations 12 and 16.
46.
Appointment and powers of air transport officers (1) The Minister may appoint air transport officers for the purpose of securing compliance with the provisions of these Regulations and any terms or conditions attached to a licence other than a licence issued under regulation 15.
(2) An air transport officer may at any time and on production, if required, of his authority (a) enter and inspect any premises of an airline on which he has reasonable cause to believe that the business of an airline is being carried on in contravention of these Regulations, and (i) may examine and take copies of any books, accounts and documents found in those premises relating to or appearing to relate to the business of an airline; (ii) may seize any books, accounts or documents found in those premises relating to or appearing to relate to the business of an airline; (iii) may question any person who appears to him to be engaged in, or carrying on, or employed in, the business of an airline on those premises on any matter concerning the application of or compliance with these Regulations or any terms or conditions attached to a licence; (b) require, by notice in writing, any person who appears to him to be engaged in or carrying on, the business of an airline to produce to him at such time and place as he may specify in the notice any books, accounts and documents relating to the business of an airline; (c) board or detain an aircraft or recall an aircraft already in flight and search such aircraft if he has reasonable grounds to suspect that the aircraft is being used in contravention of these Regulations or that it contains any matter which may be used as evidence in respect of an offence under these Regulations.
47.
Procedure on detention or recall of aircraft (1) Where an air transport officer detains an aircraft or recalls an aircraft already in flight he shall, unless he is of the opinion that due to the nature of the offence the aircraft [Issue 1] 68 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] is likely to be allowed to proceed on its flight within a period not exceeding three hours, immediately report such detention or recall to the Director-General: Provided that under no circumstances shall an air transport officer detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorized by the Director-General under this regulation.
(2) On receipt of a report under this regulation, the Director-General may, pending further investigation, order the detained aircraft to proceed on its flight whether or not an offence has been committed in respect thereof.
(3) The Director-General may, in writing, delegate to any person any of his powers under subregulations (1) and (2).
[L.N.
13/2003, s.
4.] 48.
Revocation of Sub.
Leg.
(E.A.
Cap.
31) The East African Licensing of Air Services Regulations, in so far as they apply to Kenya, are revoked.
FIRST SCHEDULE [Regulations 5 and 15.] PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE 1.
Scheduled Air Services (i) Name and address of applicant.
(ii) Names of places between which the air service is to be operated.
(iii) Names of the regular stage stopping places for the purpose of taking on or setting down passengers, or goods.
(iv) Times and frequencies of air service.
(v) Number and type or types of aircraft to be used.
(vi) Type of load to be carried.
(vii) Maximum and minimum fares to be charged to passengers or for goods in respect of the total journey or any portion of the journey for which separate charges are made.
(viii) Date of commencement of air service.
(ix) Period for which licence is required.
(x) If air service is already in operation (a) period for which the air service has been operated; (b) details as per monthly return for period of operation or last 12 months, whichever be the less.
(xi) List of other air services operated by the applicant at the time of application.
(xii) Particulars of any working arrangement with any other company operating an air service.
(xiii) Particulars of any financial interest which the applicant has in any other undertaking providing passenger transport facilities or controlling the business of any person who provides such facilities.
(xv) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private (a) the nominal and issued capital; 69 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) the names and nationality of the directors; (c) the names and state of incorporation of any other companies holding shares in the applicants business; (d) the names and state of incorporation of any subsidiary companies of the applicant.
2.
Charter and Aerial Work, Other than Scheduled Air Services and Instruction (i) Name and address of applicant.
(ii) Numbers and types of aircraft and engines to be used.
(iii) Types of work to be carried out and the areas in which it is proposed to operate each type of service.
(iv) Maximum charges to be made for such type of work.
(v) Date of commencement of air service.
(vi) Period for which licence is required.
(vii) If air service is already in operation (a) the period for which the air service has been operated; (b) details as per monthly return for period of operation or last 12 months, whichever be the less.
(viii) List of other air services operated by applicant at the time of application.
(ix) Particulars of working arrangements with other air service companies.
(x) Particulars of any financial interest which any other person providing passenger transport facilities, or controlling the business of any person who provides such facilities, has in the business of the applicant.
(xi) Particulars of any financial interest which the applicant has in any other undertaking providing passenger transport facilities or controlling the business of any person who provides such facilities.
(xii) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private (a) the nominal and issued capital; (b) the names and nationality of the directors; (c) the names and state of incorporation of any other companies holding shares in the applicants business; (d) the names and state of incorporation of any other subsidiary companies of the applicant.
(xiii) Such particulars of the accounts of the applicants business during the last 12 months as the licensing authority shall require.
3.
Instructional (i) The name and address of applicant.
(ii) The numbers and types of aircraft and engines to be used.
(iii) The types of instruction to be carried out and places where it is proposed to operate.
(iv) Maximum charges to be made for each type of instruction.
(v) Date of commencement of air service.
(vi) Period for which licence required.
(vii) If air service is already in operation (a) period for which the air service has been operated; [Issue 1] 70 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) details as per monthly return for period of operation or last 12 months, whichever be the less.
(viii) List of other air services operated by the applicant at the time of application.
(ix) Particulars of working arrangements with other air service companies.
(x) Particulars of any financial interest which any other person providing instructional facilities, or controlling the business of any person who provides such facilities, has in the business of the applicant.
(xi) Particulars of any financial interest which the applicant has in any other undertaking providing instructional facilities or controlling the business of any person who provides such facilities.
(xii) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability.
If a company, public or private (a) the nominal and issued capital; (b) the names and nationality of the directors; (c) the names and state of incorporation of any other companies holding shares in the applicants business; (d) the names and state of incorporation of any subsidiary companies of the applicant.
(xiii) Such particulars of the accounts of the applicants business during the last 12 months as the licensing authority shall require.
SECOND SCHEDULE [Rule 6.] PARTICULARS OF APPLICATION TO BE PUBLISHED (i) The name and address of applicant.
(ii) If for scheduled air service (a) places between which the air service is to be operated; (b) names of the regular stage stopping places for the purpose of taking on or setting down passengers or goods; (c) times and frequency of air service; (d) type of load to be carried; (c) date for air service to commence; (f) period for which the licence is required.
(iii) If for charter and aerial work, other than scheduled air service and instruction (a) types of work to be carried out and the areas in which it is proposed to operate each type of service; (b) date for air service to commence; (c) period for which licence is required.
(iv) If for instruction (a) types of instruction offered and the places where it is proposed to operate; (b) date for air service to commence; (c) period for which licence is required.
71 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] THIRD SCHEDULE [Regulation 13.] (i) The name and address of applicant.
(ii) The name and date of the Gazette in which notice of the application was published.
(iii) Such particulars as will enable the application to be identified.
(iv) An indication whether the licence was granted as applied for, granted with modifications (the modifications to be stated) or refused.
FOURTH SCHEDULE [Regulation 13.] (i) The name and address of applicant.
(ii) Such information as will enable the licence to be identified, and in the case of a scheduled air service, the places and regular stage stopping places to be stated.
(iii) The date from which revocation or suspension takes effect and, in the case of suspension, the period of the suspension.
(iv) The grounds on which the licence has been revoked or suspended.
FIFTH SCHEDULE [Regulation 29.] PARTICULARS TO BE GIVEN BY HOLDERS OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED).
PASSENGERS SHOULD BE STATED IN NUMBERS, DISTANCES IN STATUTE MILES OF 1,760 YARDS AND GOODS AND MAIL IN KILOGRAMS 1.
Scheduled Air Services (A) A list of the service numbers of all flights, operated giving the names of the places between which services are operated, the names of the regular staging points on the route, the types of aircraft used and the number of flights operated by each type.
(B) Copy of the current timetable.
(C) For services operated under an International Airline Licence or an Operating authorization for each service number (i) total passengers, goods and mail, terminating and in transit, arriving in Kenya by point of discharge within Kenya (showing in addition the point of discharge of passengers outside Kenya for each point of uplift); (ii) total passengers, goods and mail, originating and in transit, departing from Kenya by point of uplift within Kenya (showing in addition the point of discharge of passengers outside Kenya for each point of uplift); (iii) in transit passengers at each staging point in Kenya on international services not included above, i.e.
those whose airports of uplift and discharge are both within Kenya; [Issue 1] 72 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (iv) total number of passenger seats offered and the number filled, on flights arriving in and/or departing from Kenya; (v) total capacity of commercial cargo offered and the weight carried on flights arriving in and/or departing from Kenya; (vi) total passengers, goods and mail carried only within Kenya by points of uplift and discharge separately for traffic between each airport in each direction.
(D) For services operated under an international airline licence and on sectors not wholly within Kenya (i) for each staging point outside Kenya, the passengers, goods and mail uplifted, each by points of discharge; and the passengers, goods and mail in transit; (ii) for each sector (a) the total passenger-miles offered, and carried; and (b) the total commercial cargo load-miles offered, and carried.
(E) For services operated under a local licence the following shall be submitted for each period of four weeks commencing 1st January each year, and in addition for each 13-week period throughout the year the last complete four-week and 13-week periods in the year shall, however, be extended to include 31st December; or for such periods as shall be determined from time to time (i) by service number (a) the total passenger-miles offered and carried; (b) the total load-miles offered and carried; (ii) the passengers, goods and mail carried in each direction, between all combinations of staging points.
2.
Charter, Aerial Work and Non-Scheduled Flights (i) Numbers and type or types of aircraft and engines operated during the month, actual dates of any changes made to be given.
(ii) Average daily service ability of aircraft complete.
(iii) Total number of miles flown on each class of work.
(iv) Total number of flights made on each class of work.
(v) Passenger miles and total number of passengers carried.
(vi) Ton-miles and total weight of goods carried.
(vii) Number of flights commenced but not completed, giving cause.
(viii) Total number of requests for air service made.
(ix) Total number of requests for air service made which were not accepted, giving reasons.
(x) Number of pilots, navigators, radio operators, flight engineers, stewards, photographers and any other personnel employed on flying duties, and their salaries by grade.
(xi) Copy of current schedule of charges for air services.
3.
Instructional (i) The numbers and types of aircraft and engines operated during the month, the actual dates of any changes to be given.
(ii) The average daily service ability of aircraft complete.
73 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (iii) The total number of hours flown: (a) dual instruction; and (b) solo; and the total number of hours of non-flying instruction, per type of instruction.
(iv) The total number of flights made: (a) dual instruction; (b) solo.
(v) The number of instructors employed and their salaries by grade.
(vi) A copy of the current schedule for instructional charges.
(vii) The total number of pupils under instruction, according to the class of pilot licence for which instruction is being given.
(viii) The total number of pilot licences, per class, gained during the month.
(ix) The total number of pilot licences, per class, held by pupils or members of the club.
(x) The total number of pupils or members.
[Issue 1] 74 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (AIR NAVIGATION) REGULATIONS, 1979 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1.
Citation.
2.
Interpretation.
PART II REGISTRATION AND MARKING OF AIRCRAFT 3.
Aircraft to be registered.
4.
Registration of aircraft in Kenya.
5.
Nationality and registration marks.
PART III AIR OPERATORS CERTIFICATES 6.
Issue of air operators certificates.
PART IV AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT 7.
Certificate of airworthiness to be in force.
8.
Issue and renewal of certificates of airworthiness.
9.
Certificates of maintenance.
10.
Inspection, overhaul, repair, replacement and modification.
11.
Licensing of maintenance engineers.
12.
Equipment of aircraft.
13.
Radio equipment of aircraft.
14.
Aircraft, engine and propeller log-books.
15.
Aircraft weight schedule.
16.
Access and inspection for airworthiness purposes.
PART V AIRCRAFT CREW AND LICENSING 17.
Composition of aircraft crew.
18.
Members of flight crew-licences.
19.
Grant and renewal of licences to members of flight crew.
20.
Validation of licences.
21.
Personal flying log-book.
22.
Instructions in flying.
23.
Glider pilotminimum age.
PART VI OPERATION OF AIRCRAFT 24.
Operations manual.
25.
Public transportoperators responsibilities.
26.
Public transportloading of aircraft.
27.
Public transportoperating conditions.
28.
Weather conditions.
29.
Pre-flight action by commander of aircraft.
30.
Pilots to remain at control.
31.
Public transport of passengersduties of commander.
75 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Regulation 32.
Operation of radio in aircraft.
33.
Towing of gliders.
34.
Towing, picking up and raising of persons and articles.
35.
Dropping of persons and articles.
36.
Carriage of munitions of war.
37.
Carriage of dangerous goods.
38.
Method of carriage of persons.
39.
Exits and break-in markings.
40.
Imperilling safety of aircraft.
41.
Imperilling safety of persons or property.
42.
Drunkenness in aircraft.
43.
Smoking in aircraft.
44.
Authority of commander of aircraft.
45.
Stowaways.
PART VII FATIGUE OF CREW 46.
Application, interpretation and modification of Part.
47.
Establishment of limits on flight times, flying duty periods and rest periods.
48.
Maximum flying duty periods for flight crew.
49 Minimum rest periods for flight crew.
50.
Records of flight times and duty periods.
51.
Maximum flight times for flight crew.
52.
Provision for particular cases.
53.
Duties of operators to prevent fatigue of crew.
PART VIII DOCUMENTS 54.
Documents to be carried.
55.
Production of documents.
56.
Preservation of documents, etc.
57.
Revocation, suspension and variation of certificates, licences and other documents.
58.
Offences in relation to documents.
PART IX CONTROL OF AIR TRAFFIC 59.
Rules of the air and air traffic control.
60.
Licensing of air traffic controllers and student air traffic controllers.
61.
Prohibition of unlicensed air traffic controllers and student air traffic controllers.
62.
Incapacity of air traffic controllers.
63.
Power to prohibit or restrict flying or landing or take off.
64.
Balloons, kites and airships.
PART X AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS 65.
Aerodromes: public transport of passengers and instruction in flying.
66.
Use of Government aerodromes.
67.
Licensing of aerodromes.
68.
Charges at aerodromes licensed for public use.
69.
Use of aerodromes by aircraft other than Kenyan aircraft.
[Issue 1] 76 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Regulation 70.
Noise and vibration caused by aircraft on aerodromes.
71.
Aeronautical lights.
72.
Dangerous lights.
72A.
Notifications.
PART XI GENERAL 73.
Prohibited areas.
74.
Power to prevent aircraft flying.
75.
Right of access to aerodromes and other places.
76.
Obstruction of persons.
77.
Enforcement of directions.
78.
Fees.
79.
Penalties.
80.
Extra-territorial effect of regulations.
81.
Application of regulations to the Government of Kenya and visiting forces, etc.
82.
Exemption from regulations.
83.
Regulations not to confer right to land.
84.
Application to small aircraft.
85.
Revocation of Sub.
Leg.
SCHEDULES FIRST SCHEDULE SECOND SCHEDULE A AND B CONDITIONS THIRD SCHEDULE FOURTH SCHEDULE MAINTENANCE ENGINEERS: PRIVILEGES OF LICENCES FIFTH SCHEDULE AIRCRAFT EQUIPMENT SIXTH SCHEDULE RADIO APPARATUS TO BE CARRIED IN AIRCRAFT SEVENTH SCHEDULE AIRCRAFT, ENGINE AND PROPELLER LOG- BOOKs EIGHTH SCHEDULE FLIGHT CREW OF AIRCRAFT: LICENCES AND RATINGS NINTH SCHEDULE AIR TRAFFIC CONTROLLERS: RATINGS TENTH SCHEDULE PUBLIC TRANSPORT - OPERATIONAL REQUIREMENTS ELEVENTH SCHEDULE DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN KENYA TWELFTH SCHEDULE RULES OF THE AIR AND AIR TRAFFIC CONTROL 77 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] THIRTEENTH SCHEDULE FEES FOURTEENTH SCHEDULE AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT FIFTEENTH SCHEDULE PENALTIES PART A PROVISIONS REFERRED TO IN SUBREGULATION (5) OF REGULATION 79 PART B PROVISIONS REFERRED TO IN SUBREGULATION (6) OF REGULATION 79 [Issue 1] 78 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (AIR NAVIGATION) REGULATIONS, 1979 [L.N.
276/1979, L.N.
96/1984, L.N.
27/1985, L.N.
31/1987, L.N.
138/2002, L.N.
79/2006.] PART I PRELIMINARY 1.
Citations These Regulations may be cited as the Civil Aviation (Air Navigation) Regulations, 1979.
2.
Interpretation (1) In these Regulations, unless the context otherwise requires aerial work aircraft means an aircraft operated for any purpose, other than public transport, for which an aircraft is flown if hire or reward is given or promised in respect of the flight or purpose of the flight; aerial work undertaking means an undertaking whose business includes the performance of aerial work; aerobatic manoeuvres includes loops, spins, rolls, bunts, stall-turns, inverted flying and any other similar manoeuvre; aeronautical light means any light established for the purpose of aiding air navigation, other than a light displayed on an aircraft; aeronautical radio station means a radio station on the surface which transmits or receives signals for the purpose of assisting aircraft; air traffic control unit means a person appointed by the Director or by any person maintaining an aerodrome to give instructions and advice or both by means of radio and visual signals to aircraft in the interests of safety, and air traffic control service shall be construed accordingly; air transport undertaking means an undertaking whose business includes the carriage by air of passengers or cargo for hire or reward; appropriate aeronautical radio station means, in relation to an aircraft, an aeronautical radio station serving the area in which the aircraft is for the time being; authorized person means any person authorized by the Director either generally or in relation to a particular case or class of cases, and references to an authorized person includes references to the holder for the time being of any office designated by the Director; beneficial interest includes interests arising under contract and other equitable interests; commander, in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator thereof or, failing such a person, the person who is for the time being the pilot in command of the aircraft; competent authority means, in relation to Kenya, the Director and in relation to any other state, the authority responsible under the Law of that state for promoting the safety of civil aviation; congested area, in relation to a city, town or settlement, means any area which is substantially used for residential, industrial, commercial or recreational purposes; contracting state means any state which is a party to the Chicago Convention; controlled airspace means an airspace of defined dimensions within which air traffic control service is provided to a controlled flight; 79 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] control area means a controlled airspace extending upwards from a specified limit above the earth; control zone means a controlled airspace extending upwards from the surface of the earth to a specified upper limit; co-pilot, in relation to an aircraft, means a pilot who, in performing his duties as such, is subject to the direction of another pilot carried in the aircraft; flight and to fly have the meanings respectively assigned to them by paragraph (2); flight crew, in relation to an aircraft, means those members of the crew of the aircraft who respectively undertake to act as pilot, flight navigator, flight engineer and flight radio operator of the aircraft; flight level means surfaces of constant atmospheric pressure which are related to a specified pressure datum 1013.2 mb (29.92 inches) and are separated by specified pressure intervals; Instrument Flight Rules means the rules contained in Section VI of the Twelfth Schedule; legal personal representative means the person legally constituted executor, administrator or other representative of a deceased person; licence includes any certificate of competency or certificate of validity issued with the licence or required to be held in connexion with the licence by the law of the state in which the licence is granted; licensed aerodrome means an aerodrome licensed under these Regulations; life-jacket includes any device designed to support a person individually in or on water; maximum total weight authorized, in relation to an aircraft, means the maximum total weight of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of airworthiness in force in respect of the aircraft; military aircraft includes the naval, army or air force aircraft of any state and (a) any aircraft being constructed for the naval, army or air forces of any state under a contract entered into by the Government; and (b) and aircraft in respect of which there is in force a certificate issued by the Minister that the aircraft is to be treated for the purposes of these Regulations as a military aircraft; nautical mile means the international nautical mile, a distance of 1,852 metres (6,080 feet); night means the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunset and sunrise being determined at surface level, and includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object can clearly be seen at a distance of 4,572 metres (5,000 yards); notified means shown in any of the following publications issued in Kenya whether before or after the coming into operation of these Regulations, that is to say, Notams (Notices to Airmen), Information Circulars, Aeronautical Information Publications, Notices to Licensed Aircraft Maintenance Engineers and to Owners of Civil Aircraft, Civil Aviation Publications (C.A.P.) or such other official publications issued for the purpose of enabling any of the provisions of these Regulations to be complied with; operator has the meaning assigned to it by paragraph (3); [Issue 1] 80 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] pilot in command, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; prototype aircraft means an aircraft in respect of which an application has been made for a certificate of airworthiness and the design of which has not previously been investigated in connexion with any such application; radio apparatus includes all apparatus, including any ancillary equipment, for sending or receiving by means of radio; rating means an entry in a licence specifying a privilege or limiting the effect of a privilege; scheduled journey means one of a series of journeys which are undertaken between the same two places and which together amount to systematic service; Visual Flight Rules means the Visual Flight Rules contained in Section V of the Twelfth Schedule.
(2) An aircraft shall be deemed to be in flight (a) in the cases of an aeroplane or glider, from the moment when it first moves for the purposes of taking off until the moment when it next comes to rest after landing; (b) in the case of an airship or 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, and the expressions a flight and to fly shall be construed accordingly.
(3) References in these Regulations to the operator of an aircraft are, for the purpose of the application of any provision of these Regulations in relation to any particular aircraft, references to the person who at the relevant time has the management of that aircraft: Provided that, for the purposes of the application of any provision in Part III, when by virtue of any charter or other agreement for the hire or loan of an aircraft a person other than an air transport undertaking or an aerial work undertaking, has the management of that aircraft for a period not exceeding fourteen days, the provisions of this paragraph shall have effect as if that agreement had not been entered into.
(4) Subject to the provisions of paragraph (5), an aircraft in flight shall, for the purposes of these Regulations, be deemed to fly for the purpose of public transport (a) if hire or reward is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or (b) if any passengers or cargo are carried gratuitously in the aircraft on that flight by an air transport undertaking, not being persons in the employment of the undertaking (including, in the case of a body corporate, its directors) and persons authorized by the Director to witness the training or tests referred to in regulation 18(4), or the training practice or tests referred to in regulation 24(1), or cargo intended to be used by any such passengers or by the undertaking; or (c) for the purposes of Part III, if hire or reward is given or promised for the right to fly the aircraft on that flight otherwise than under a hire-purchase agreement, and the expression public transport of passengers shall be construed accordingly.
(5) Where, under a transaction effected by or on behalf of a member of an unincorporated association of persons on the one hand and an association of persons or any member thereof on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that hire or reward would be deemed to be given or 81 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] promised if the transaction were effected otherwise than as specified in paragraph (4), hire or reward shall, for the purposes of these Regulations, be deemed to be given.
(6) The expressions appearing in the Classification of Aircraft set forth in Part A of the First Schedule shall have the meanings thereby assigned to them.
PART II REGISTRATION AND MARKING OF AIRCRAFT 3.
Aircraft to be registered (1) Subject to paragraph (2), an aircraft shall not fly over Kenya unless it is registered in (a) Kenya; or (b) a contracting state; or (c) 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: Provided that (i) a glider may fly unregistered, and shall be deemed to be registered in Kenya, for the purposes of regulations 12, 13, 18 and 29 on any flight which (a) begins and ends in Kenya without passing over any other state; and (b) is not for the purpose of public transport or aerial work, (ii) any aircraft may fly unregistered on any flight which (a) begins and ends in Kenya without passing over any other state; and (b) is in accordance with the B Conditions set forth in the Second Schedule.
(iii) this paragraph shall not apply to any kite or captive balloon.
(2) The Director may, in such special circumstances and subject to such conditions or limitations as he may think fit, temporarily exempt from the provisions of paragraph (1) an aircraft not registered in accordance with sub-paragraphs (a), (b) and (c) of that paragraph.
(3) An aircraft exempted under paragraph (2) shall carry, in addition to the documents which it is required to carry by or under these Regulations, a certificate granted by the Director certifying that the aircraft is so exempted and stating any conditions or limitations subject to which the exemption was granted.
(4) If an aircraft flies over Kenya in contravention of paragraph (1) in such manner or circumstances that if the aircraft had been registered in Kenya an offence against these Regulations or against other subsidiary legislation made under the Act would have been committed, the like offence shall be deemed to have been committed in respect of that aircraft.
4.
Registration of aircraft in Kenya (1) The Director shall be the authority for the registration of aircraft in Kenya.
(2) Subject to the provision this regulation, an aircraft shall not be registered or continue to be registered in Kenya if it appears to the Director that (a) the aircraft is registered outside Kenya; or [Issue 1] 82 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or to any share therein; or (c) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Kenya.
(3) 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 or such other persons as the Minister may approve; and (c) bodies corporate (i) established under and subject to the laws of Kenya; or (ii) established under and subject to the laws of such country as the Minister may approve.
(4) 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 Director, upon being satisfied that the aircraft may otherwise be properly so registered, may register the aircraft in Kenya and that person shall not cause or permit the aircraft while it is registered in pursuance of this paragraph to be used for the purpose of public transport or aerial work.
(5) If an aircraft is chartered by demise or is the subject of a hire-purchase agreement to a person qualified under paragraph (3), the Director 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, as the case may be, upon being satisfied that the aircraft may otherwise be properly so registered, and subject to this regulation the aircraft may remain so registered during the continuation of the charter or hire-purchase agreement.
(6) Application for registration of an aircraft in Kenya shall be made in writing to the Director and shall include or be accompanied by such particulars and evidence relating to the aircraft and the ownership and chartering thereof as he may require to enable him to determine whether the aircraft may properly be registered in Kenya and to issue the certificate referred to in subregulation (8); and in particular the application shall include the proper description of the aircraft according to the General Classification of Aircraft set forth in Part A of the First Schedule.
(7) Upon receiving an application for the registration of an aircraft in Kenya and being satisfied that the aircraft may properly be so registered, the Director shall register the aircraft, wherever it may be, and shall include in the register 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 Director; (c) the name of the constructor of the aircraft and its designation; (d) the serial number of the aircraft; (e) the name and address of every person who is entitled as owner to a legal or beneficial interest in the aircraft or a share therein or, in the case of an aircraft which is the subject of demise charter or hire-purchase agreement, the name and address of the charterer or hirer; and (f) in the case of an aircraft registered in pursuance of paragraphs (4) or (5), an indication that it is so registered.
83 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (8) The Director 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 subregulation (7) and the date on which the certificate was issued.
(9) Subject to subregulations (4) and (5), 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, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Director for cancellation.
(10) Any person who is registered as the owner of an aircraft registered in Kenya shall forthwith inform the Director in writing of (a) any change in the particulars which were furnished to the Director upon application being made for the registration of the aircraft; (b) the destruction of the aircraft or its permanent withdrawal from use; (c) in the case of an aircraft registered in pursuance of paragraph (5), the termination of the demise charter or hire-purchase agreement.
(11) Any person who becomes the owner of an aircraft registered in Kenya shall forthwith inform the Director in writing to that effect.
(12) The Director may, whenever it appears to him necessary or appropriate to do so for giving effect to this Part or for bringing up to date or otherwise correcting the particulars entered on the register, amend the register or, if he thinks fit, cancel the registration of the aircraft, and shall cancel that registration if he is satisfied that there has been a change in the ownership of the aircraft.
(13) In this regulation references to an interest in an aircraft do not include references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club, and the reference in paragraph (10) to the registered owner of an aircraft includes, in the case of a deceased person, his legal personal representative, and in the case of a body corporate which has been dissolved, it successor.
(14) Nothing in this regulation shall require the Director to cancel the registration of an aircraft if, in his opinion, it would be inexpedient in the public interest to do so.
5.
Nationality and registration marks (1) An aircraft (other than an aircraft permitted by law to fly without being registered) shall not be flown 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.
(2) The marks to be borne by aircraft registered in Kenya shall comply with Part B of the First Schedule.
(3) An aircraft shall not bear any marks which purport to indicate (a) that the aircraft is registered in a state in which it is not in fact registered; or (b) that the aircraft is 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.
PART III AIR OPERATORS CERTIFICATES 6.
Issue of air operators certificates (1) An aircraft registered in Kenya shall not fly on any flight for the purpose of public transport otherwise than under and in accordance with the terms of an air operators [Issue 1] 84 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] certificate granted to the operator of the aircraft under paragraph (2) certifying that the holder of the certificate is competent to secure that the aircraft operated by him on such flights as that in question are operated safely.
(2) The Director may grant to any person applying therefor an air operators certificate if he is satisfied that that person is competent, having regard in particular to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the type specified in the certificate on flights of the description and for the purpose so specified, and the certificate may be granted subject to such conditions as the Director thinks fit and shall, subject to the provisions of regulation 58, remain in force for the period specified in the certificate.
PART IV AIRWORTHINESS AND EQUIPMENT OF AIRCRAFT 7.
Certificate of airworthiness to be in force (1) An aircraft shall not be flown unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the state in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with.
(2) Paragraph (1) shall not apply to flights, beginning and ending in Kenya without passing over any other state, of (a) a glider, if it is not being used for the public transport of passengers or aerial work; (b) a balloon, if it is not being used for the public transport of passengers; (c) a kite; (d) an aircraft flying in accordance with the A Conditions or B Conditions set forth in the Second Schedule; (e) an aircraft flying in accordance with the conditions of a permit to fly issued by the Director in respect of that aircraft.
(3) In the case of an aircraft registered in Kenya the certificate of airworthiness referred to in paragraph (1) shall be a certificate issued or rendered valid in accordance with regulation 8.
8.
Issue and renewal of certificates of airworthiness (1) The Director may issue in respect of any aircraft a certificate of airworthiness if he is satisfied that the aircraft is fit to fly having regard to (a) the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted therein), and of any equipment carried in the aircraft which he considers necessary for the airworthiness of the aircraft; and (b) the results of flying trials, and such other tests of the aircraft as he may require: Provided that, if the Director has issued a certificate of airworthiness in respect of an aircraft which, in his opinion, is a prototype aircraft or a modification of a prototype aircraft, he may dispense with flying trials in the case of any other aircraft if he is satisfied that it conforms to such prototype or modification.
(2) Every certificate of airworthiness shall specify such categories as are, in the opinion of the Director, appropriate to the aircraft in accordance with the Third Schedule and the certificate shall be issued subject to the condition that the aircraft shall be flown only for the purposes indicated in that Schedule in relation to those categories.
85 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (3) The Director may issue the certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as he thinks fit.
(4) The certificate of airworthiness may designate the performance group to which the aircraft belongs for the purposes of the requirements referred to in regulation 27(1).
(5) The Director may, subject to such conditions as he thinks fit, issue a certificate of validation rendering valid for the purposes of these Regulations a certificate of airworthiness issued in respect of any aircraft under the Law of any state other than Kenya.
(6) Subject to the provisions of this regulation and of regulation 27, certificates of airworthiness or validation issued under this regulation shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Director for such further period as he thinks fit.
(7) A certificate of airworthiness or a certificate of validation issued in respect of an aircraft shall cease to be in force (a) if the aircraft, or such of its equipment as is necessary for the airworthiness of the aircraft, is overhauled, repaired or modified, or if any part of the aircraft or of such equipment is removed or is replaced, otherwise than in a manner and with materials of a type approved by the Director either generally or in relation to a class of aircraft or to the particular aircraft; or (b) until the completion of any inspection of the aircraft or of any equipment being an inspection required by the Director to be made for the purpose of ascertaining whether the aircraft remains airworthy; or (c) until the completion, to the satisfaction of the Director, of any modification of the aircraft or of any equipment being a modification required by the Director for the purpose of ensuring that the aircraft remains airworthy.
(8) Notwithstanding any other provision of this regulation the Director may, for the purpose of this regulation, accept reports furnished to him by a person whom he may approve, either absolutely or subject to such conditions as he thinks fit, as qualified to furnish such reports.
9.
Certificates of maintenance (1) An aircraft registered in Kenya (not being an aircraft in respect of which a certificate of airworthiness of the special category is in force) shall not be flown for the purpose of public transport or for dropping or projecting any material for agricultural, public health or similar purposes unless (a) the aircraft (including in particular its engines), together with its equipment and radio station, is maintained in accordance with maintenance schedules approved by the Director in relation to that aircraft; and (b) there are in force in respect of that aircraft certificates (in these Regulations referred to as certificates of maintenance) issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedules: Provided that an aircraft may, notwithstanding that sub-paragraphs (a) and (b) have not been complied with in relation to the radio station therein, fly for the sole purpose of enabling persons to be trained to perform duties in the aircraft.
(2) An aeroplane registered in Kenya (not being an aeroplane in respect of which a certificate of airworthiness of the special category is in force) shall not be flown unless the flight data recording system, if any, required by or under these Regulations to be carried, is maintained in accordance with a maintenance schedule approved by the Director in relation to that equipment and there is in force in respect of that equipment a certificate of [Issue 1] 86 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] maintenance issued in accordance with the provisions of this regulation and certifying that maintenance has been carried out in accordance with such maintenance schedule.
(3) Every certificate of maintenance shall come into force upon being issued and shall cease to be in force upon the expiration of the period of its validity in elapsed time or flying time, whichever may be the earlier, as specified in the relevant maintenance schedule, and the period of validity of the certificate shall be recorded in the certificate at the time when it is issued.
(4) A certificate of maintenance may be issued for the purposes of this regulation by (a) the holder of an aircraft maintenance engineers licence granted under these Regulations, being a licence which entitles him to issue that certificate; or (b) the holder of a licence as an aircraft maintenance engineer granted under the law of a state other than Kenya and rendered valid under these Regulations, in accordance with the privileges endorsed on the licence; or (c) the holder of a licence as an aircraft maintenance engineer granted under the law of any such state as may be prescribed, in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed; or (d) a person whom the Director has authorized to issue a certificate of maintenance in a particular case, and in accordance with that authority; or (e) a person approved by the Director as being competent to issue such certificates, and in accordance with that approval: Provided that, upon approving a maintenance schedule, the Director may direct that certificates of maintenance relating to that schedule, or to any part thereof specified in the direction, may be issued only by the holder of such a licence as is so specified.
(5) Certificates of maintenance shall be issued in duplicate and one of the duplicates shall, during the period of validity of the certificate, be carried in the aircraft when regulation 54 so requires, and the other shall be kept by the operator elsewhere than in the aircraft.
(6) At the end of every flight by an aircraft registered in Kenya for any of the purposes specified in paragraph (1), the commander of the aircraft shall enter in a technical log (a) the times when the aircraft took off and landed; and (b) particulars of any defect in any part of the aircraft or its equipment which is known to him, being a part to which a maintenance schedule relates, or, if no such defect is known to him, an entry to that effect, and he shall sign and date such entries: Provided that, in the case of a number of consecutive flights beginning and ending on the same day and with the same person as commander of the aircraft, the commander of an aircraft (i) flying for the purpose of public transport where each of the consecutive flights begins at the same aerodrome and ends at that aerodrome; or (ii) flying for the purpose of dropping or projecting any material for agricultural, public health or similar purposes, may, except where he becomes aware of a defect during an earlier flight, make the necessary entries in a technical log at the end of the last of such consecutive flights.
(7) Upon the rectification of any defect which has been entered in a technical log in accordance with paragraph (6) a copy of the certificate of compliance required by regulation 10 87 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] in respect of the work done for the rectification of the defect shall be entered in the technical log in such a position or manner as to be readily identifiable with the entry of the defect to which it relates.
(8) The technical log referred to in paragraphs (6) and (7) shall be carried in the aircraft when regulation 54 so requires and copies of the entries referred to in those paragraphs shall be kept on the ground.
(9) Subject to the provisions of regulation 56, every certificate of maintenance shall be preserved by the operator of the aircraft for a period of two years following the expiration of the period of validity of the certificate and for such further period as the Director may require in any particular case.
10.
Inspection, overhaul, repair, replacement and modification (1) An aircraft registered in Kenya, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force, shall not be flown (except as provided for in paragraph (2)) if any part of the aircraft, or of such of its equipment as is necessary for the airworthiness of the aircraft, has been overhauled, repaired, replaced or modified, or has been inspected as provided in regulation 8(7)(b), unless there is in force a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair, replacement, modification or inspection, as the case may be: Provided that (a) unless the Director gives a direction to the contrary in the particular case, nothing in this paragraph shall require a certificate of compliance to be in force in respect of an aircraft of which the maximum total weight authorized does not exceed 2,730 kg.
and in respect of which a certificate of airworthiness of the special category is in force; (b) if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such place that it is not reasonably practicable (i) for the repair or replacement to be carried out in such a manner that a certificate of compliance can be issued under this regulation in respect thereof; or (ii) for such a certificate to be issued while the aircraft is at that place, the aircraft may fly to a place where such certificate can be issued, being the nearest place (aa) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and (bb) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board, and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Director within ten days thereafter.
(2) Nothing in paragraph (1) shall prevent an aircraft of which the maximum total weight authorized does not exceed 2,730 kg.
from flying otherwise than for the purpose of public transport if the only repairs or replacements in respect of which a certificate of compliance is not in force are of such a description as may be prescribed and have been carried out personally by the owner or operator of the aircraft being the holder of a pilots licence granted or rendered valid under these Regulations, and in that event the owner or operator, as the case may be, of the aircraft shall keep in the aircraft log-book kept in respect of the aircraft pursuant to regulation 14 a record which identifies the repair or replacement and shall sign and date the entries, and, subject to regulation 56, shall preserve the log-book for [Issue 1] 88 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] a period of two years from the date of the last entry therein; and any equipment or parts used in carrying out such repair or replacements shall be of a type approved by the Director whether generally or in relation to a class of aircraft or the particular aircraft.
(3) Neither (a) equipment provided in compliance with the Fifth Schedule (except paragraph 3 thereof); nor (b) radio apparatus provided for use in an aircraft or in any survival craft carried therein, whether or not such apparatus is provided in compliance with these Regulations, shall be installed, or placed on board for use, in an aircraft registered in Kenya after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this regulation and relating to the overhaul, repair or modification, as the case may be.
(4) For the purposes of these Regulations, certificate of compliance means a certificate that the part of the aircraft or its equipment has been overhauled, repaired, replaced or modified as the case may be in a manner and with material of a type approved by the Director either generally or in relation to a class of aircraft or the particular aircraft and which identifies the overhaul, repair, replacement or modification to which it relates and includes particulars of the work done; and in relation to an inspection required by the Director, that the inspection has been made in accordance with the requirement of the Director and that any consequential repair or replacement has been carried out.
(5) A certificate of compliance may be issued for the purposes of this regulation by (a) the holder of an aircraft maintenance engineers licence granted under these Regulations, being a licence which entitles him to issue that certificate; or (b) the holder of a licence as an aircraft maintenance engineer granted under the law of any state other than Kenya and rendered valid under these Regulations in accordance with the privileges endorsed on the licence; or (c) the holder of a licence as an aircraft maintenance engineer granted under the law of any such state as may be prescribed, in accordance with the privileges endorsed on the licence and subject to any conditions which may be prescribed; or (d) the holder of a licence or authorization as an aircraft maintenance engineer granted or issued by or under the law of any contracting state in which the overhaul, repair, replacement, modification or inspection has been carried out, but only in respect of aircraft of which the maximum total weight authorized does not exceed 2,730 kg.; or (e) a person approved by the Director as being competent to issue such certificates, and in accordance with that approval; or (f) a person whom the Director has authorized to issue the certificate in a particular case, and in accordance with that authority; or (g) in relation only to the adjustment and compensation of direct reading magnetic compasses, the holder of an Airline Transport Pilots Licence (Aeroplanes), a Senior Commercial Pilots Licence (Aeroplanes) or a Flight Navigators Licence granted or rendered valid under these Regulations.
(6) Subject to regulation 56, a certificate of compliance shall be preserved by the operator of the aircraft to which it relates for a period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus, as the case may be.
(7) In this regulation, the expression repair includes, in relation to a compass, the adjustment and compensation thereof and the expression Repaired shall be construed accordingly.
89 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 11.
Licensing of maintenance engineers (1) The Director may grant aircraft maintenance engineers licences, subject to such conditions as he thinks fit, of a category specified in the Fourth Schedule, upon being satisfied that the applicant is a fit person to hold the licence and has furnished such evidence and passed such examinations and tests as the Director may require for the purpose of establishing that he has sufficient knowledge, experience, competence and skill in aeronautical engineering.
(2) The Director may include in a licence of any category a rating, subject to such conditions as he thinks fit, specifying a type of aircraft or equipment, upon being satisfied that the applicant is qualified to issue the certificates specified in the Fourth Schedule in relation to that category in respect of aircraft or equipment of that type, and a rating shall be deemed to form part of the licence.
(3) A licence of any category shall, subject to any conditions included in the licence, entitle the holder to issue the certificates specified in the Fourth Schedule in relation to that category in respect of aircraft or equipment of a type specified in a rating included in the licence.
(4) A licence shall, subject to the provisions of regulation 57, remain in force for the period specified therein, not exceeding two years, but may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit and qualified person.
(5) The Director may issue a certificate rendering valid for the purpose of these Regulations any licence as an aircraft maintenance engineer or aircraft radio maintenance engineer granted under the law of any state other than Kenya; and such certificate may be issued subject to such conditions, and for such period, as the Director thinks fit.
(6) Upon receiving a licence granted under this regulation, the holder shall forthwith sign his name thereon in ink with his ordinary signature.
12.
Equipment of aircraft (1) No person shall fly an aircraft unless it is so equipped as to comply with the law of the state in which it is registered, and the lights and markings are displayed and signals made in accordance with these Regulations.
(2) In the case of an aircraft registered in Kenya the equipment required to be provided (in addition to any other equipment required by or under these Regulations) shall be that specified in such parts of the Fifth Schedule as are applicable in the circumstances and shall comply with the provisions of that Schedule and the equipment, except those specified in paragraph 3 of that Schedule, shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(3) In any particular case the Director may direct that an aircraft registered in Kenya shall carry such additional or special equipment or supplies as he may specify 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.
(4) The equipment carried in compliance with this regulation shall be so installed or stowed and kept stowed, and so maintained and adjusted, as to be readily accessible and capable of being used by the person for whose use it is intended.
(5) The position of equipment provided for emergency use shall be indicated by clear markings in or on the aircraft and in particular in every public transport aircraft registered in Kenya shall be (a) exhibited in a prominent position in every passenger compartment; or (b) provided individually for each passenger, [Issue 1] 90 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] a notice stating where the lifejackets (if any) are to be found, and containing instructions as to how they are to be used.
(6) All equipment installed or carried in an aircraft, whether or not in compliance with this regulation, shall be so installed or stowed and kept stowed and so maintained and adjusted as not to be a source of danger in itself or to impair the airworthiness of the aircraft or the proper functioning of any equipment or services necessary for the safety of the aircraft.
(7) Notwithstanding paragraph (2), all navigational equipment (other than radio apparatus) of any of the following types, namely (a) equipment capable of establishing the aircrafts position in relation to its position at some earlier time by computing and applying the resultant of the acceleration and gravitational forces acting upon it; and (b) equipment capable of establishing automatically the altitude and relative bearing of selected celestial bodies, when carried in an aircraft registered in Kenya (whether or not in compliance with these Regulations) shall be of a type approved by the Director either generally or in relation to a class of aircraft or in relation to that aircraft and shall be installed in a manner so approved.
(8) This regulation shall not apply to radio apparatus except as specified in the Fifth Schedule.
13.
Radio equipment of aircraft (1) No person shall fly an aircraft unless it is so equipped with radio equipment as to comply with the law of the state in which the aircraft is registered and to enable communications to be made and the aircraft to be navigated in accordance with the provisions of these Regulations.
(2) Without prejudice to paragraph (1) the aircraft shall be equipped with radio equipment in accordance with the Sixth Schedule.
(3) In any particular case the Director may direct that an aircraft registered in Kenya shall carry such additional or special radio equipment as he may specify 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.
(4) Subject to such exceptions as may be prescribed, the radio equipment provided in compliance with this regulation in an aircraft registered in Kenya shall be maintained in a serviceable condition.
(5) All radio equipment installed in an aircraft registered in Kenya (whether or not in compliance with these Regulations) shall be of a type approved by the Director in relation to the purpose for which it is to be used, and shall, except in the case of a glider which is permitted by regulation 3(1) to fly while unregistered, be installed in a manner approved by the Director, and neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Director.
14.
Aircraft, engine and propeller log-books (1) In addition to any other logbooks required by or under these Regulations, the following log-books shall be kept in respect of all aircraft registered in Kenya (a) an aircraft log-book; (b) a separate log-book in respect of each engine fitted in the aircraft; and (c) a separate log-book in respect of each variable pitch propeller fitted to the aircraft.
91 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (2) Each log-book kept in accordance with subregulation (1) shall include the particulars respectively specified in the Seventh Schedule.
(3) Each entry in the log-book shall be made as soon as practicable after the occurrence to which it relates, but in no event more than seven days after the expiration of the certificate of maintenance (if any) in force in respect of the aircraft at the time of the occurrence.
(4) Entries in a log-book may refer to other documents, which shall be clearly identified, and any other document so referred to shall be deemed, for the purposes of these Regulations, to be part of the log-book.
(5) The operator of every aircraft in respect of which log-books are required to be kept under subregulation (1) shall keep them or cause them to be kept in accordance with the provisions of this regulation.
(6) Subject to the provisions of regulation 56, every log-book shall be preserved by the operator of the aircraft until a date two years after the aircraft, the engine or the variable pitch propeller, as the case may be, has been destroyed or has been permanently withdrawn from use.
15.
Aircraft weight schedule (1) Every flying machine and glider in respect of which a certificate of airworthiness issued or rendered valid under these Regulations is in force shall be weighed, and the position of its centre of gravity determined, at such times and in such manner as the Director may require or approve in the case of that aircraft.
(2) Upon the aircraft being weighed as provided in paragraph (1) the operator of the aircraft shall prepare a weight schedule showing (a) either the basic weight of the aircraft, that is to say, the weight of the empty aircraft together with the weight of unusable fuel and unusable oil in the aircraft and of such items or equipment as are indicated in the weight schedule, or such other weight as may be approved by the Director in the case of that aircraft; and (b) either the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic weight or such other position of the centre of gravity as may be approved by the Director in the case of that aircraft.
(3) Subject to the provisions of regulation 56, the weight schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purposes of this regulation.
16.
Access and inspection for airworthiness purposes The Director may cause such inspections, investigations, tests, experiments and flight trials to be made as he deems necessary for the purposes of this Part and any person authorized to do so in writing by the Director may at any reasonable time inspect any part of or material intended to be incorporated in or used in the manufacture of any part of an aircraft or its equipment or any documents relating thereto and may for that purpose go upon any aerodrome or enter any aircraft factory.
PART V AIRCRAFT CREW AND LICENSING 17.
Composition of aircraft crew (1) No person shall fly an aircraft unless it carries a flight crew of the number and description required by the law of the state in which it is registered.
[Issue 1] 92 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) An aircraft registered in Kenya shall carry a flight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the certificate of airworthiness issued or rendered valid under these Regulations or, if no certificate of airworthiness is required under these Regulations to be in force, the certificate of airworthiness, if any, last in force under these Regulations in respect of the aircraft.
(3) An aircraft registered in Kenya and flying for the purpose of public transport having a maximum total weight authorized of more than 10,200 kg.
shall carry not less than two pilots as members of the flight crew.
(4) An aircraft registered in Kenya engaged on a flight for the purpose of public transport shall carry (a) a flight navigator as a member of the flight crew; or (b) navigation equipment approved by the Director and used in accordance with any conditions subject to which that approval may have been given, if on the route or any diversion therefrom, being a route or diversion planned before take-off, the aircraft is intended to be more than 500 nautical miles from the point of take-off measured along the route to be flown, and to pass over part of an area specified in the Fourteenth Schedule.
(5) The flight navigator carried in compliance with this regulation shall be carried in addition to any person who is carried in accordance with this regulation to perform other duties.
(6) On any flight where paragraph (4)(a) requires that a flight navigator shall be carried and a pilot and second pilot are carried, then the pilot or the second pilot, if licensed as a flight navigator, may be responsible for the navigation of the aircraft provided he holds a licence having an aircraft rating in respect of the particular type of aircraft.
(7) An aircraft registered in Kenya which is required by regulation 13 to be equipped with radio communication apparatus shall carry a flight radio operator who need not be a separate person from any other member of the flight crew.
(8) The Director may, if it appears to him to be expedient to do so in the interests of safety, direct any particular operator not to have any aircraft operated by him to be flown in such circumstances as the Director may specify unless the aircraft carries in addition to the flight crew required to be carried therein by the provisions of this regulation such additional persons as members of the flight crew as he may specify in the direction.
(9) In the case of an aircraft with a total seating capacity of not more than 200, the number of cabin attendants carried on such flights as is mentioned in paragraph (8) shall be not less than one cabin attendant for every 50, or a fraction of 50, passengers carried.
(10) In the case of an aircraft with a total seating capacity of more than 200, the number of cabin attendants carried on such flights shall be not less than half the number of the main exits in the aircraft, and in addition, when more than 200 passengers are carried, one additional cabin attendant for every 25, or a fraction of 25, of such passengers above 200: Provided that, if the number of cabin attendants, calculated in accordance with this paragraph, exceeds the number of main exits in the aircraft, it shall be sufficient compliance with this regulation if the number of cabin attendants carried is equal to the number of main exits in the aircraft.
(11) For the purposes of paragraph (10) main exit means an exit in the side of the aircraft at floor level intended for the disembarkation of passengers whether in normal circumstances or in an emergency.
93 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (12) When an aircraft registered in Kenya carries twenty or more passengers on a flight for the purpose of public transport, the crew of the aircraft shall include persons carried for the purpose of performing, in the interests of the safety of passengers, duties to be assigned by the operator or the commander of the aircraft, but who shall not act as members of the flight crew.
(13) The Director may, if in the circumstances of the case it appears to him to be expedient, vary any of the requirements prescribed in this regulation or add further requirements thereto, including requirements with respect to the class, type and description of the aircraft or the circumstances of the flight in which it is engaged, or may exempt an aircraft from compliance with any of the prescribed requirements subject to such conditions, if any, as he may consider to be required.
18.
Members of flight crew-licences (1) Subject to this regulation, no person shall act as a member of the flight crew of an aircraft registered in Kenya unless he is the holder of an appropriate licence granted or rendered valid under these Regulations: Provided that a student pilot may, within Kenya, act in accordance with conditions of permission specified under regulation 32 as a flight radiotelephony operator without being the holder of a licence.
(2) Subject to this regulation, no person shall act as a member of the flight crew of an aircraft registered elsewhere than in Kenya, unless he is the holder of an appropriate licence granted or rendered valid under the law of the state in which the aircraft is registered: Provided that a person may act as a member of the flight crew of such an aircraft, not flying for public transport or aerial work, if he is the holder of an appropriate licence granted or rendered valid under these Regulations and the Director does not in a particular case issue a direction to the contrary.
(3) For the purposes of this regulation, a licence granted under the law of a contracting state purporting to authorize the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorize him to act as a student pilot only, shall, unless the Director in a particular case directs otherwise, be deemed to be a licence rendered valid under these Regulations but shall not entitle the holder to act as member of the flight crew of any aircraft flying for the purpose of public transport or aerial work.
(4) Notwithstanding paragraph (1), a person may, unless the certificate of airworthiness in force in respect of the aircraft otherwise requires, act as pilot of an aircraft registered in Kenya for the purpose of undergoing training or tests for the grant or renewal of a pilots licence or for the inclusion, renewal or extension of a rating therein without being the holder of an appropriate licence if the following conditions are complied with (a) no other person shall be carried in the aircraft or in an aircraft being towed thereby except a person carried as a member of the flight crew in compliance with these Regulations, a person authorized by the Director to witness the training or tests, or, if the pilot in command of the aircraft is the holder of an appropriate licence, a person carried for the purpose of being trained as a member of the flight crew of an aircraft; and (b) the person acting as the pilot of the aircraft without being the holder of an appropriate licence shall not be the pilot in command of the aircraft unless within the period of six months immediately preceding he was either the holder of a pilots licence (other than a student pilots licence) granted under these Regulations or was serving as a qualified pilot of an aircraft in any of the military, naval or air force of Kenya, and his physical condition has not, so far as he is aware, so deteriorated during that period as to render him unfit for the licence for which he intends to qualify.
[Issue 1] 94 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (5) Notwithstanding paragraph (1), a person may act as a member of the flight crew of an aircraft registered in Kenya without being the holder of an appropriate licence, if, in so doing, he is acting in the course of his duty as a member of any of the naval, military or air force of Kenya.
(6) An appropriate licence for the purposes of this regulation means a licence which entitles the holder to perform the functions which he undertakes in relation to the aircraft concerned and the flight on which it is engaged.
(7) This regulation shall not apply to a person by reason of his acting as a member of the flight crew of a glider which is not flying for the purpose of public transport or aerial work.
19.
Grant and renewal of licences to members of flight crew (1) The Director may grant licences, subject to such conditions as he thinks fit, of any of the following classes student pilots licence, private pilots licence (aeroplanes), private pilots licence (helicopters), private pilots licence (balloons and airships), commercial pilots licence (aeroplanes), commercial pilots licence (helicopters), senior commercial pilots licence (aeroplanes), airline transport pilots licence (aeroplanes), airline transport pilots licence (helicopters), flight navigators licence, flight engineers licence, flight radiotelephony operators licence, flight operations officer or flight dispatchers licence (aeroplanes), the applicant for a flight operations officer or flight dispatchers licence shall only be required to provide a general certificate of medical fitness from a certified Government medical practitioner, upon his being satisfied that the applicant is a fit and proper person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness to act in the capacity to which the licence relates, and for that purpose the applicant shall furnish such evidence, and undergo such examinations and tests (including in particular medical examinations), as the Director may require; and a licence of any class shall not be granted to a person who is under the minimum age specified for the class of licence in Part A of the Eighth Schedule.
(2) Subject to any conditions of the licence, a licence of any class shall entitle the holder to perform the functions specified in respect of that licence in Part A of the Eighth Schedule under the heading privileges: Provided that (i) subject to paragraph (10), regulation 18(4) and regulation 32(1), a person shall not be entitled to perform any of the functions specified in Part B of the Eighth Schedule in respect of a rating unless his licence includes that rating; and (ii) a person shall not be entitled to perform any of the functions to which his licence relates if he knows or has reason to believe that his physical condition renders him temporarily or permanently unfit to perform such function.
95 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (3) The Director may, if he is satisfied that the applicant is qualified to act in the capacity to which the rating relates, include in a licence a rating of any of the classes specified in Part B of the Eighth Schedule, and such rating shall be deemed to form part of the licence and shall entitle the holder to perform such functions as are specified in Part B of that Schedule in respect of that rating; and an instrument rating may be renewed by any person appointed by the Director for that purpose if that person is satisfied by a flight test that the applicant continues to be competent to perform the functions to which the rating relates.
(4) A licence and a rating shall, subject to the provisions of regulation 57, remain in force for the periods indicated in the licence, not exceeding those respectively specified in the Eighth Schedule, and may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit, proper and qualified person.
(5) Upon receiving a licence granted under this regulation the holder shall forthwith sign his name thereon in ink with his ordinary signature.
(6) Every holder of a licence, other than a flight radiotelephony operators licence or a flight dispatchers licence granted under this regulation, shall submit himself to a medical examination, by a person approved by the Director, upon applying for the renewal of the licence and upon such other occasions as the Director may require.
(7) Every holder of a licence, other than a flight radiotelephony operators licence or a flight dispatchers licence granted under this regulation or rendered valid under regulation 20, who (a) suffers any personal injury involving incapacity to undertake the functions to which his licence relates; or (b) suffers any illness involving incapacity to undertake those functions throughout a period of twenty days or more; or (c) in the case of a woman has reason to believe that she is pregnant, shall inform the Director in writing, immediately in the case of injury and pregnancy, and as soon as the period of twenty days has elapsed in the case of illness.
(8) A licence, other than a flight radiotelephony operators licence or a flight dispatchers licence, granted under this Part, shall be deemed to have been suspended upon the occurrence of such an injury, or the elapse of such period of illness as is referred to in paragraph (7), and the suspension of the licence shall cease upon the holder being medically examined under arrangements made by the Director and pronounced fit to resume his functions under the licence.
(9) A licence, other than a flight operations officer or a flight dispatchers licence, granted under this regulation shall be deemed to be suspended upon the pregnancy of the holder being diagnosed and shall remain suspended until the holder has been medically examined after the termination of the pregnancy and pronounced fit to resume her duties under the licence.
(10) Nothing in these Regulations shall be taken to prohibit the holder of a commercial pilots, senior commercial pilots or airline transport pilots licence (aeroplanes) from acting as pilot in command of an aeroplane carrying passengers by night by reasons of the lack of a night rating in his licence.
The Director may issue and renew from time to time a certificate of validation rendering valid for the purposes of these Regulations any licence as a member of the flight crew of aircraft which has been granted by a duly competent authority in a state other than Kenya and a certificate of validation may be issued or renewed subject to such conditions and for such period as the Director thinks fit: Provided that (a) a certificate of validation shall not be issued or renewed unless the Director is satisfied that the applicant is a fit and proper person to hold such a certificate; and [Issue 1] 96 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) the Director may refuse to issue or to renew a certificate of validation if such refusal in the circumstances appears to him to be in the public interest.
[L.N.
138/2002, s.
2, L.N.
79/2006, s.
2.].] 21.
Personal flying log-book Every member of the flight crew of an aircraft registered in Kenya and every person who engages in flying for the purpose of qualifying for the grant or renewal of a licence under these Regulations shall keep a personal flying log-book in which the following particulars shall be recorded (a) the name and address of the holder of the log-book; (b) particulars of holders licence (if any) to act as a member of the flight crew of an aircraft; (c) the name and address of his employer (if any); (d) particulars of all flights made as a member of the flight crew of aircraft, including (i) the date, time, duration and places of arrival and departure of each flight; (ii) the type and registration marks of the aircraft; (iii) the capacity in which the holder acted in flight; (iv) particulars of any special conditions under which the flight was conducted, night flying and instrument flying; (v) particulars of any test or examination undertaken whilst in flight.
22.
Instructions in flying (1) A person shall not give flying instruction to any person flying or about to fly an aircraft unless such person holds a pilots licence granted or rendered valid under these Regulations, included in which is a valid instructors rating or assistant instructors rating, and which entitles such a person (a) to act as pilot in command of the aircraft in which instruction is to be given; and (b) which, if payment is made for the instruction, entitles such person to act as pilot in command of an aircraft flying for the purpose of public transport: Provided that subparagraph (b) shall not apply if the aircraft is owned or is operated under arrangements entered into by a flying club of which both the person giving and the person receiving the instruction are members.
(2) For the purposes of subregulation (1) (a) flying instruction includes instruction given for the purpose of becoming qualified for the grant of a pilots licence, an aircraft rating and the inclusion or variation of any rating other than an aircraft rating in a pilots licence; and (b) payment shall be deemed to be made for the instructions if any reward is given or promised by any person to any other person in consideration of the flight being made or the instruction given or if the instructions are given by a person employed for reward primarily for the purpose of giving such instruction.
(3) Notwithstanding the provisions of paragraph (1), the Director may in any particular case permit the holder of a pilots licence granted or rendered valid under these Regulations to give flying instructions to another holder of a pilots licence for the purpose of qualifying that person for an extension to the aircraft rating in his licence, but such permission shall only be given where the person to whom instruction is to be given is the 97 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] holder of a pilots licence which includes an aircraft rating specifying a type of aircraft of the same classification under Part A of the First Schedule as that in which he is permitted to receive instruction.
23.
Glider pilotminimum age A person under the age of sixteen years shall not act as pilot in command of a glider.
PART VI OPERATION OF AIRCRAFT 24.
Operations manual (1) This regulation shall apply to public transport aircraft registered in Kenya, except aircraft used for the time being solely for flights not intended to exceed sixty minutes in duration, which are either (a) flights solely for training persons to perform duties in an aircraft; or (b) flights intended to begin and end at the same aerodrome.
(2) The operator of every aircraft to which this regulation applies shall (a) make available to each member of his operating staff an operations manual; and (b) ensure that each copy of the operations manual is kept up to date and that one copy thereof is carried on each flight so as to be available to the members of the flight crew.
(3) Each operations manual shall contain all such information and instructions as may be necessary to enable each member of the operating staff to perform his duty as such including in particular information and instructions relating to the matters specified in Part A of the Tenth Schedule: Provided that the operations manual shall not be required to contain any information or instructions available in a flight manual accessible to the persons by whom the information or instructions may be required.
(4) The operator of the aircraft shall furnish the Director with a copy of the whole of the operations manual for the time being in force or of such parts thereof as the Director may specify; and the operator shall make such amendments or additions to the operations manual as the Director may require for the purpose of ensuring the safety of the aircraft or of persons or cargo carried therein or the safety, efficiency or regularity of air navigation.
(5) For the purposes of this regulation and the Tenth Schedule operating staff means the servants and agents employed by the operator as members of a flight crew and persons engaged in the planning of operations of aircraft, and includes an operator who himself performs those functions.
25.
Public transportoperators responsibilities (1) The operator of an aircraft registered in Kenya shall not permit the aircraft to fly for the purpose of public transport without first (a) designating from among the flight crew a pilot to be the commander of the aircraft for the flight; and (b) satisfying himself by every reasonable means that aeronautical radio stations and navigational aids serving the intended route or any planned diversion therefrom are adequate for the safe navigation of the aircraft; and (c) satisfying himself by every reasonable means that the aerodromes at which it is intended to take-off or land and any alternative aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped to ensure the safety of the aircraft and its passengers.
[Issue 1] 98 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) The operator of an aircraft registered in Kenya shall not permit any person to be a member of the crew during any flight for the purpose of public transport (except a flight for the sole purpose of training persons to perform duties in aircraft) unless such person has had the training, experience, practice and periodical tests specified in Part B of the Tenth Schedule in respect of the duties which he is to perform and unless the operator has satisfied himself that such person is competent to perform his duties, and in particular to use the equipment provided in the aircraft for that purpose and the operator shall maintain, preserve, produce and furnish information respecting records relating to the foregoing matters in accordance with Part B of the Tenth Schedule.
(3) The operator of an aircraft registered in Kenya shall not permit any member of the flight crew, during any flight for the purpose of the public transport of passengers, to simulate emergency manoeuvres and procedures which the operator has reason to believe will adversely affect the flight characteristics of the aircraft.
26.
Public transportloading of aircraft (1) The operator of an aircraft registered in Kenya shall not cause or permit it to be loaded for a flight for the purpose of public transport except under the supervision of a person whom he 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 conditions 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 weight of the aircraft prepared for service, that is to say the aggregate of the basic weight (shown in the weight schedule referred to in regulation 15) and the weight 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 weight of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that weight: Provided that this paragraph shall not apply in relation to a flight if (a) the aircrafts maximum total weight authorised does not exceed 1,150 kg.; or (b) the aircrafts maximum total weight authorised does not exceed 2,730 kg.
and the flight is intended not to exceed 60 minutes in duration and is either (i) a flight solely for training persons to perform duties in an aircraft; or (ii) a flight intended to begin and end at the same aerodrome.
(3) The operator of an aircraft shall not cause or permit it to be loaded in contravention of the instructions referred to in paragraph (1).
(4) The person supervising the loading of the aircraft shall, before the commencement of any such flight, prepare and sign a load sheet in duplicate conforming to the requirements specified in paragraph (6), and shall, unless he is himself the commander of the aircraft, submit the load sheet for the examination by the commander of the aircraft who shall upon being satisfied that the aircraft is loaded in the manner required by paragraph (1), sign his name thereon: Provided that the requirements of this paragraph shall not apply if (a) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the commander of the aircraft makes and signs an endorsement to that effect upon the load 99 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended place of destination; or (b) paragraph (2) does not apply in relation to the flight.
(5) One copy of the load sheet shall be carried in the aircraft when regulation 54 so requires until the flights to which it 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.
(6) Every load sheet required by paragraph (4) shall contain the following particulars (a) the nationality mark of the aircraft to which the load sheet relates, and the registration mark assigned to that aircraft by the Director; (b) particulars of the flight to which the load sheet relates; (c) the total weight of the aircraft as loaded for the flight; (d) the weights of the several items from which the total weight of the aircraft, as so loaded, has been calculated including in particular the weight of the aircraft prepared for service and the respective total weights 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 shall include at the foot or end of the load sheet a certificate signed by the person referred to in paragraph (1) as responsible for the loading of the aircraft that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to that paragraph.
(7) For the purpose of calculating the total weight of the aircraft the respective total weights of the passengers and crew entered in the load sheet shall be computed from the actual weight of each person and for that purpose each person shall be separately weighed: Provided that in the case of an aircraft with a total seating capacity of twelve or more persons, and subject to the provisions of paragraph (8), the weights may be calculated according to the following table and the load sheet shall bear a notation to that effect.
Kg TABLE Males over 12 years of age.
75 Females over 12 years of age.
66 Children aged 2 years or more, but not over 12 years of age.
39 Infants under 2 years of age.
8 (8) The commander of the aircraft shall, if in his opinion it is necessary to do so in the interests of the safety of the aircraft, require any or all of the passengers and crew to be actually weighed for the purpose of the entry to be made in the load sheet.
27.
Public transportoperating conditions (1) An aircraft registered in Kenya shall not be flown for the purpose of public transport, except for the sole purpose of training persons to perform duties in the aircraft, unless such requirements as are specified in Part C of the Tenth Schedule in respect of its weight and related performance are complied with.
[Issue 1] 100 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) The assessment of the ability of an aircraft to comply with paragraph (1) shall be based on the information as to its performance contained in the certificate of airworthiness of the aircraft; and in the event of the information given therein being insufficient for the purpose such assessment shall be based on the best information available to the commander of the aircraft.
(3) Such requirements as may be specified in Part D of the Tenth Schedule in respect of the weather conditions required for take-off, approach to landing and landing shall be complied with in respect of every aircraft to which regulation 24 applies.
(4) An aircraft registered in Kenya when flying over water for the purpose of public transport shall fly, except as may be necessary for the purpose of take-off or landing at such an altitude as would enable the aircraft (a) if it has one engine only, in the event of the failure of that engine; (b) if it has more than one engine, in the event of the failure of one of these engines, and with the remaining engine or engines operating within the maximum continuous power conditions specified in the certificate of airworthiness relating to the aircraft, to reach a place at which it can safely land at a height sufficient to enable it to do so.
(5) Without prejudice to the provisions of paragraph (4), an aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly over water for the purpose of public transport so as to be more than 60 minutes flying time from the nearest shore unless the aeroplane has more than two power units, and for the purposes of this paragraph, flying time shall be calculated at normal cruising speed with one power unit inoperative.
28.
Weather conditions (1) An aircraft registered in a state other than Kenya shall not be flown for the purpose of public transport unless the operator thereof has furnished to the Director such particulars as he may from time to time require relating to the weather conditions specified by the operator in relation to aerodromes in Kenya for the purpose of limiting their use by the aircraft for take-off or landing, including any instructions given by the operator in relation to such weather conditions.
(2) The aircraft shall not begin or end a flight at an aerodrome in Kenya in weather conditions less favourable than those specified in the Tenth Schedule in relation to that aerodrome, or in contravention of the instructions referred to in paragraph (1).
29.
Pre-flight action by commander of aircraft The commander of an aircraft registered in Kenya shall satisfy himself before the aircraft takes off (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 course of action which can be adopted in case the flight cannot be completed as planned; (b) that the equipment, including radio apparatus, required by or under 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 certificates of maintenance are required by paragraph (1) of regulation 8 to be in force, they are 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; 101 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (e) in the case of an aeroplane 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 public 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 balloon that sufficient ballast is carried for the intended flight; (g) in the case of an aeroplane, that, having regard to the performance of the aeroplane in the conditions to be expected on the intended flight, and to any obstructions at the places of departure and intended destinations and on the intended route, it is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; (h) that any pre-flight check system established by the operator and set forth in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft.
30.
Pilots to remain at controls (1) The commander of an aircraft registered in Kenya, being an aeroplane or glider, shall cause one pilot to remain at the controls at all times while the aircraft is in flight; and, where an aircraft is required by or under these Regulations to carry two pilots, the commander shall cause both pilots to remain at the controls during take-off and landing.
(2) Each pilot at the controls shall be secured in his seat by either a safety belt or a safety harness, except that during take-off and landing a safety harness shall be used if it is required by regulation 12 to be provided.
31.
Public transport of passengersduties of commander (1) This regulation shall apply to flights for the purpose of the public transport of passengers by aircraft registered in Kenya.
(2) In relation to every flight to which this regulation applies the commander of the aircraft shall (a) before the aircraft takes off, take all reasonable steps to ensure that all passengers are made familiar with the position and method of use of emergency exits, safety belts, safety harness and lifejackets, and all other devices required by or under these Regulations and intended for use by passengers individually in case of an emergency occurring to the aircraft: Provided that in relation to lifejackets this requirement may, except in the case of a seaplane, be complied with at any time before the aircraft reaches a point beyond gliding distance from land; (b) if the aircraft is not a seaplane but is intended in the course of the flight to reach a point more than thirty minutes flying time (while flying in still air at the speed specified in the relevant certificate of airworthiness as the speed for compliance with regulations governing flights over water) from the nearest land, take all reasonable steps to ensure that before that point is reached all passengers are given a practical demonstration of the method of use of the life-jackets required by or under these Regulations for the use of passengers; (c) if the aircraft is a seaplane, take all reasonable steps to ensure that before the aircraft takes off all passengers are given a practical demonstration of the method of use of the equipment referred to in the subparagraph (b); (d) before the aircraft takes off, and before it lands, take all reasonable steps to ensure that the crew of the aircraft are properly secured in their seats and [Issue 1] 102 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] that the persons, if any, carried in compliance with paragraph (7) of regulation 17 are secured in seats which shall be in a passenger compartment and which shall be so situated that passengers can be readily assisted; (e) before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precautions necessary, take all reasonable steps to ensure that all passengers are properly secured in their seats by safety belts or safety harnesses; (f) in any emergency, take all reasonable steps to ensure that all passengers are instructed in the emergency action which they should take; (g) except in a case where a pressure greater than 700 millibars is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that (i) before the aircraft reaches flight level 130, the method of use of the oxygen provided in the aircraft in compliance with the requirements of regulation 12 is demonstrated to all passengers; (ii) on reaching flight level 130 all passengers are recommended to use oxygen; (iii) at all times when the aircraft is flying above flight level 130, oxygen is used by all the crew of the aircraft.
32.
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 in which the aircraft is registered, and by a person duly licensed or otherwise permitted to operate the radio station under that law.
(2) Notwithstanding paragraph (1) to the effect that the radio station in an aircraft may only be operated by a person duly licensed or otherwise lawfully permitted to do so (a) if the licensed operator has become incapacitated during a flight, the commander of the aircraft may, as a temporary measure, authorize an unlicensed person to work the apparatus for the purpose of sending and receiving distress, urgency and safety messages and messages regarding the navigation of the aircraft; and (b) the Director may, in his discretion, grant permission to particular persons, or to persons of such classes or description as he may specify, to operate radio apparatus in aircraft for sending spoken messages to aeronautical radio stations in Kenya on frequencies above 60 mc.
which are not regarded internationally as frequencies to be used by aircraft on international flights; and any such apparatus, worked by unlicensed operators, shall be incapable of easy adjustment for changing frequencies to any other than those for which the apparatus is licensed, and shall be worked in accordance with such conditions as may be attached to the permission.
(3) Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio communication apparatus, a continuous radio watch shall be maintained by a member of the 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 and he shall make reports to the appropriate Air Traffic Control Unit at such reporting points or at such intervals of time as may be notified for this purpose in the Aeronautical Information Publication of the Directorate of Civil Aviation or as may be directed by the Air Traffic Control Unit: 103 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Provided that (a) the radio watch may be discontinued or continued on another frequency to the extent that a message from the appropriate Air Traffic Control Unit so permits or for reasons of safety, e.g.
danger from lightning or danger arising from a defect in the apparatus; and (b) the watch may be kept by a device installed in the aircraft if (a) the appropriate aeronautical radio station has been informed to that effect and has raised no objection; and (b) that station is notified, or in the case of a station situated in a state other than Kenya, otherwise designated as transmitting a signal suitable for that purpose.
(4) The radio station in an aircraft shall not be operated so as to cause interference which 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; (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred to in paragraph (1).
(5) In every aircraft registered in Kenya which is equipped with radio communication apparatus a telecommunication log-book shall be kept in which the following entries shall be made (a) the identification of the aircraft radio station; (b) the date and time of the beginning and end of every radio watch maintained in the aircraft and of the frequency on which it was maintained; (c) the date and time, and particulars of all messages and signals sent or received, including in particular details of any distress traffic sent or received; (d) particulars of any action taken upon the receipt of a distress signal or message; (e) particulars of any failure or interruption of radio communications and the cause thereof: Provided that a telecommunication log-book shall not be required to be kept in respect of communication by radiotelephony with a radio station on land or on a ship which provided a radio service for the aircraft.
(6) The flight radio operator maintaining a radio watch shall sign the entries in the telecommunication log-book indicating the times at which he began and ended the maintenance of that watch.
(7) The telecommunication log-book shall be preserved by the operator of the aircraft until a date six months after the date of the last entry therein.
(8) In any aircraft registered in Kenya which is engaged on a flight for the purpose of public transport, 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 in taking off or landing.
[Issue 1] 104 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (9) 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.
(10) The use by radio stations in aircraft of the calling and distress wave for ships 500 KHZ (600 metres)shall be confined to Type A2 Emission, except in case of urgency when, if the use of this type of emission is impracticable, use may be made of Type A3 Emission for the sending and receiving of spoken messages.
33.
Towing of gliders (1) An aircraft in flight shall not tow a glider unless the certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the Law of the state in which that aircraft is registered includes an express provision that it may be used for towing a glider of that particular type.
(2) The commander of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off (a) that the tow rope is in good condition and is of adequate strength for the purpose, and that the combination of towing aircraft and glider is capable of flying in the manner referred to in paragraph (g) of regulation 29; (b) that signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; (c) that emergency signals have been agreed between the commander of the towing aircraft and the commander of the glider to be used, respectively, by the commander of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the commander of the glider to indicate that the tow cannot be released.
(3) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.
(4) An aircraft in flight shall not tow a glider except in accordance with such conditions and requirements as the Director may have notified.
34.
Towing, picking up and raising of persons and articles (1) Subject to this regulation, an aircraft in flight shall not, by means external to the aircraft, tow any article other than a glider, tow or pick up, or raise any person, animal or article, unless the certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the state in which the aircraft is registered includes an express provision that it may be used for that purpose.
(2) An aircraft in flight shall not tow any article, other than a glider, at night or when flight visibility is less than one mile.
(3) The length of the combination of towing aircraft, tow rope and article in tow shall not exceed 150 metres.
(4) A helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when an article, person or animal is suspended from the helicopter.
(5) Nothing in this regulation shall (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, or any instrument which is being used for experimental purposes; (b) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life; 105 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (c) apply to any aircraft while it is flying in accordance with the B Conditions set forth in the Second Schedule; (d) be taken to permit the towing or picking up of a glider otherwise than in accordance with regulation 33.
35.
Dropping of persons and articles (1) Articles, animals and persons (whether or not attached to a parachute) shall not be dropped or permitted to drop from an aircraft flying over Kenya: Provided that this subregulation shall not apply to the descent of persons by parachute from an aircraft in an emergency or to the dropping of articles by, or with the authority of, the commander of the aircraft in the following circumstances (a) the dropping of articles for the purposes of saving life; (b) the jettisoning, in case of emergency, of fuel or other articles in the aircraft; (c) the dropping of ballast in the form of fine sand or water; (d) the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or the provisions of these Regulations; (e) the dropping at an aerodrome, in accordance with these Regulations, of ropes, banners or similar articles towed by an aircraft; (f) the dropping of articles for the purpose of agriculture, horticulture, forestry or public health or as a measure against oil pollution, or for training for the dropping of articles for any such purpose, if the articles are dropped with the permission of the Director and in accordance with any condition subject to which that permission may have been given.
(2) For the purposes of this regulation dropping includes projecting and lowering.
(3) Nothing in this regulation shall prohibit the lowering of any person, animal or article from a helicopter if the certificate of airworthiness issued or rendered valid in respect of the helicopter under the law of the state in which it is registered includes an express provision that it may be used for that purpose.
36.
Carriage of munitions of war (1) An aircraft shall not carry any munitions of war.
(2) It shall be unlawful for any person to take or cause to be taken on board an aircraft, or to be delivered or cause to be delivered for carriage thereon, any goods which he knows or has reason to believe or suspect to be munitions of war.
(3) For the purposes 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 paragraph (1) and (2) it shall be unlawful for a person to 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 passengers 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 registered in a state other than in Kenya if the weapons or ammunition as the case may be, 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 persons on board.
[Issue 1] 106 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 37.
Carriage of dangerous goods (1) Dangerous goods shall not be carried in an aircraft except (a) with the written permission of the Director and subject to any condition the Director may impose in granting such permission; (b) in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued from time to time by the Council of International Civil Aviation and to any variations to those instructions that the Director may from time to time notify that Council.
(2) No person shall take or cause to be taken on board an aircraft or deliver or cause to be delivered for loading thereon any goods which he 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 commander 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 an addition to and not in derogation of regulation 36.
[L.N.
27/1985, s.
2] 38.
Method of carriage of persons A person shall not be in or any part of an aircraft in flight which is not in part designed for the accommodation of persons and no person shall be in or on any object, other than a glider or aeroplane, towed by or attached to an aircraft in flight: Provided that a person may have temporary access to (i) any part of an aircraft for the purpose of taking action necessary for the safety of the aircraft or of any person or cargo therein; (ii) any part of an aircraft in which cargo or stores are carried being a part which is designed to enable a person to have access thereto while the aircraft is in flight.
39.
Exits and break-in markings (1) This regulation shall apply to every public transport aircraft registered in Kenya.
(2) Whenever an aircraft to which this regulation applies is carrying passengers, every exit therefrom and every internal door in the aircraft shall, during take-off and landing and during any emergency, be kept free of obstruction and shall not be fastened by locking or otherwise so as to prevent, hinder or delay its use by passengers: Provided that an exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Director either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers; and a door between the flight crew compartment and any adjacent compartment to which passengers have access may be locked or bolted if the commander of the aircraft so determines.
(3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word Exit in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words Emergency Exit in capital letters.
(4) Every exit from the aircraft shall be marked with instructions, and with diagrams, to indicate the correct method of opening the exit and the markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it can be opened from the outside of the aircraft, on or near the exterior surface.
107 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (5) Every aircraft to which this regulation applies, being an aircraft of which the maximum total weight authorized exceed 3,600 kg., 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.
(6) The break-in areas shall be rectangular in shape and shall be marked by right- angled corner markings, each arm of which shall be four inches in length along its outer edge and one inch in width.
(7) The words Cut Here in Emergency shall be marked across the centre of each break-in area in capital letters.
(8) The markings required by this regulation shall (a) be painted, or affixed by other equally permanent means; (b) be red in colour and, in any case in which the colour of the adjacent background is such as to render red markings not readily visible, be outlined in white or some other contrasting colour in such a manner as to render them readily visible; (c) be kept at all times clean and unobscured.
(9) If only one exit of an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced: Provided that (i) the number of passengers carried and the position of the seats which they occupy is in accordance with arrangements approved by the Director either in relation to the particular aircraft or to a class of aircraft; and (ii) in accordance with arrangements so approved, the exit is fastened by locking or otherwise, the words Exit or Emergency Exit are covered and the exit is marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words No Exit in red letters.
40.
Imperilling the safety of aircraft No person shall wilfully or negligently imperil the safety of an aircraft or any person on board, whether by interference with any member of the flight crew of the aircraft, or by tampering with the aircraft or its equipment, or by disorderly conduct by any other means.
41.
Imperilling the safety of persons or property No person shall wilfully or negligently cause or permit an aircraft to endanger any person or property.
42.
Drunkenness in aircraft (1) No person shall enter any aircraft when drunk or be drunk in any aircraft.
(2) No person shall, when acting as a member of the crew of any aircraft or being carried in any aircraft for the purpose of so acting, be under the influence of drink or a drug to such an extent as to impair his capacity so to act.
43.
Smoking in aircraft (1) Notices indicating when smoking is prohibited shall be exhibited in every aircraft registered in Kenya so as to be visible from each passenger seat therein.
[Issue 1] 108 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) No person shall smoke in any compartment of an aircraft registered in Kenya at a time when smoking is prohibited in the compartment by a notice to that effect exhibited by or on behalf of the commander of the aircraft.
44.
Authority of commander of aircraft Every person in an aircraft registered in Kenya shall obey all lawful commands which the commander 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.
45.
Stowaways No person shall secrete himself for the purpose of being carried in an aircraft without the consent of either the operator or the commander thereof or of any other person entitled to give consent to his being carried in the aircraft.
PART VII FATIGUE OF CREW 46.
Application, interpretation and modification of Part (1) Regulations 47 to 50 (inclusive) and regulation 53 shall apply in relation to an aircraft if it is an aircraft registered in Kenya which is either (a) engaged on a flight for the purpose of public transport; or (b) operated by an air transport undertaking: Provided that those regulations 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 an air transport undertaking.
(2) In this Part, unless the context otherwise requires 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 paragraph (3) or (4), to be treated as being on duty: Provided that where two or more periods which would but for this proviso be separate duty periods 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; 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 public transport of aerial work, while it is in flight and he is carried therein as a member of the flight crew; and in respect of this Part, only in the calculation of flight, flying at night shall be counted at the rate of 1 times the actual flight time; rest period, in relation to any person, means any continuous period no part of which forms part of a duty period of that person.
(3) For the purpose of this Part, a person who is employed under a contract of service to fly in an aircraft as a 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 member of its crew or as a passenger and whether or not the aircraft is such an aircraft as is referred to in paragraph (1)) or he is otherwise acting in the course of that employment: Provided that when he is not flying in an aircraft (a) subject to paragraph (c) of this proviso, he shall not be treated as being on duty during any period which he is allowed to rest; 109 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) subject to paragraph (c) of this proviso, 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; (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.
(4) For the purposes of this Part, a person who flies in an aircraft as a member of the flight crew, 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 connexion with any business of operating an aircraft, he flies in any aircraft whether as a 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 does any work.
(5) For the purposes of this Part, references to a person flying in an aircraft as a member of the flight crew 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 connexion with the management of aircraft or with any business which includes the flying of aircraft.
(6) Notwithstanding this Part, the Director may, in respect of scheduled services, approve schedules and flight crew roster programmes where he 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.
47.
Establishment of limits on flight times, flying duty periods and rest periods (1) Notwithstanding regulation 53, and for the purposes of securing 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 member of the flight crew (a) limits on the aggregate of all his flight times during every period of twenty- eight consecutive days; (b) limits on his flying duty period; and (c) minimum rest periods which he is to have immediately before any duty period in the course of which he makes any such flight as aforesaid, being limits and minimum rest periods which the operator is satisfied, after taking into account the matters mentioned in paragraph (2), are such that, if every member of the flight crew 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 members of the flight crew 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.
(2) The matters which an operator shall take into account in establishing under paragraph (1) limits and minimum rest periods as therein mentioned for the persons therein mentioned 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 [Issue 1] 110 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 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 paragraph (1) including (a) the type of the aircraft in which the flight will be made; (b) the area in which the flight will be made; (c) the number of landings which will be made during the course of each flying duty period; (d) the amount of night flying during each flying duty period; and (e) the number of consecutive occasions on which each member of the flight crew will be required to fly for the maximum period permitted under this Part.
(3) No limits or minimum rest periods may be established under paragraph (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 regulations 48, 49 and 51, or would require or permit any person to fly in any aircraft as a member of the flight crew thereof within the period of one hour immediately preceding the end of the specified time referred to in paragraph (2) of regulation 48 or, when the specified time is twenty-four hours, within the period of two hours immediately preceding the end of the specified time.
(4) An operator of an aircraft 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 member of the flight crew.
(5) Every operator of an aircraft to which this regulation applies shall take all such steps as are reasonably practicable to secure 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 he makes the flight, he has had the appropriate rest period so established.
(6) Notwithstanding anything contained in this regulation, an operator of an aircraft to which this regulation applies may confer upon the commander of that aircraft a discretion to make, or authorize any person to make, a flight in that aircraft in such circumstances that the commander or as the case may be, 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 commander or that other person: Provided that the discretion shall not be exercisable unless the following conditions are fulfilled, that is to say (a) that it appears to the commander (i) that 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 (ii) that the flight is one which ought to be carried out in the interests of the safety or health of any person; and (b) that the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that other person makes that flight.
111 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (7) Every operator of an aircraft to which this regulation applies shall include in every operations manual to be provided under regulation 24 for the use and guidance of the members of the flight crew of that aircraft or in any case where no such manual is required to be provided by that regulation, 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 regulation which may affect any of those members, and of any discretion conferred upon the commander of that aircraft under paragraph (6) and, without prejudice to the provisions of regulation 24, every such operator shall, whenever requested to do so by a person authorized in that behalf by the Director, 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 of this paragraph.
(8) In this regulation the expression flying duty period, in relation to any person, means the time, reckoned from the beginning of each duty period of that person, in the course of which he is permitted to make any flight to which this regulation applies and after expiration of which he is not in the course of the same duty period required to make any such flight.
48.
Maximum flying duty periods for flight crew (1) Notwithstanding regulation 53, no person shall fly in an aircraft to which this regulation applies as a member of the flight crew 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 paragraph (1) the expression specified time means (a) in relation to a pilot, whenever subparagraph (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 subparagraph shall have effect as if twelve hours were substituted for eleven hours; (b) in relation to a person who, at all times when he 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 servicefifteen hours; (ii) a flight within Kenyatwelve 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 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 (aa) at least two of the pilots are qualified to act as commander of the aircraft in the circumstances both by their respective licences and in accordance with the requirements of paragraph 1(5)(a)(i) and (ii) of Part B of the Tenth Schedule (except in respect of their knowledge of the aerodromes of take-off and landing and any alternate aerodromes); and (bb) at least one of the pilots is carried in addition to those members of the flight crew who are required to be carried in the circumstances by or under these Regulations; and (cc) one suitable bunk is always available for the use only of pilots; and [Issue 1] 112 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (dd) each of the pilots has, during the duty period, been afforded opportunities of resting for a reasonable time; (c) in relation to a flight engineerfifteen hours; except that this subparagraph shall have effect as if twenty-four hours were substituted for fifteen hours in relation to a person who, at all times when he 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 members of the flight crew who are required to be carried in the circumstances by or under these Regulations; and (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.
(d) in relation to a flight navigator and a flight radio operatorfifteen hours; except that this subparagraph shall have effect as if nineteen hours were substituted for fifteen hours if one suitable bunk is always available for the use only of flight navigators or flight radio operators, and shall be subject to subparagraph (c), which shall apply to flight navigators and to flight radio operators as it applies to flight engineers.
(3) Notwithstanding regulation 53, the maximum total hours associated with the duty periods undertaken by any member of the flight crew shall not exceed one hundred and sixty hours during any period of twenty-eight days; except that whenever a member of the flight crew exceeds one hundred and twenty hours non-flying time he shall not, because of this, be disqualified from further flying duties providing all other requirements are met.
49.
Minimum rest periods for flight crew (1) Notwithstanding regulation 53, a person shall not fly in an aircraft to which this regulation applies as a member of the flight crew, unless immediately before the duty period in the course of which he makes that flight he has had a sufficient rest period, that is to say, a rest period of a length not less than the minimum length specified in the first column of Table A set out below and therein set opposite to the length specified in the second column of that table which corresponds to the length of the duty period of that person which immediately precedes that rest period.
TABLE A Minimum length of Length of immediately preceding duty period sufficient rest period 11 hours Not exceeding 10 hours 12 hours Exceeding 10 but not exceeding 11 hours 13 hours Exceeding 11 but not exceeding 12 hours 14 hours Exceeding 12 but not exceeding 13 hours 15 hours Exceeding 13 but not exceeding 14 hours 16 hours Exceeding 14 but not exceeding 15 hours 17 hours Exceeding 15 but not exceeding 16 hours 19 hours Exceeding 16 but not exceeding 17 hours 21 hours Exceeding 17 but not exceeding 18 hours 23 hours Exceeding 18 but not exceeding 19 hours 25 hours Exceeding 19 but not exceeding 20 hours 27 hours Exceeding 20 but not exceeding 21 hours 29 hours Exceeding 21 but not exceeding 22 hours 31 hours Exceeding 22 but not exceeding 23 hours 33 hours Exceeding 23 hours.
113 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (2) Where a rest period is taken by a person at a place which is not within 50 miles of his ordinary place of residence it shall be deemed to be a sufficient rest period if it includes a period of eight hours falling between 2200 and 0800 hours local time and is of a lenghth not less than the minimum length specified in the first column of the Table B set out hereto and therein set opposite to the length specified in the second column of that table which corresponds to the length of the duty period of that person which immediately precedes that rest period.
TABLE B Minimum length of Length of immediately preceding duty period sufficient rest period 10 hours Exceeding 10 but not exceeding 11 hours 12 hours Exceeding 11 but not exceeding 12 hours 13 hours Exceeding 12 but not exceeding 14 hours 15 hours Exceeding 14 but not exceeding 17 hours 16 hours Exceeding 17 but not exceeding 20 hours 17 hours Exceeding 20 but not exceeding 23 hours 18 hours Exceeding 23 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.
50.
Records of flight times and duty periods (1) The operator of an aircraft to which this regulation applies shall not cause or permit any person to fly as a member of the flight crew unless the operator has in his possession an accurate and up-to-date record maintained by him or by another operator of aircraft in respect of that person and in respect of the twenty-eight days immediately preceding the flight showing (a) the times of the beginning and end of each flight in any aircraft made by that person as a member of its flight crew in the course of any of his duty periods; and (b) the times of the beginning and end of each duty period of that person in the course of which he made a flight as a member of a flight crew; and (c) the times of the beginning and end of each duty period of that person ending within a period of seventy-two hours immediately preceding the beginning of any duty period of that person in the course of which he made a flight in any aircraft as a member of its flight crew; and (d) brief particulars of the nature of the work or other duties carried out by that person during each of his periods of which a record is required to be kept under this paragraph.
(2) The Director may notify the form and manner in which any records required to be kept under paragraph (1) shall be kept and, where he has so notified, the records shall be kept accordingly.
(3) Subject to regulation 56, the operator of the aircraft shall preserve the records referred to in paragraph (1) for a period of at least six months after the end of the flight, duty period or rest period as the case may be, to which they relate.
51.
Maximum flight times for flight crew No person shall fly in any aircraft registered in Kenya as a member of the flight crew at any time on any day after the aggregate of all his flight times, whether arising from flight in an aircraft to which this regulation applies or in any other aircraft, during the period of twenty-eight consecutive days expiring at the end of that day amounts to one hundred and five hours: [Issue 1] 114 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Provided that this prohibition shall not apply (a) to a flight made in an aircraft of which the maximum total weight authorized does not exceed 1,600 kg.
and which is not flying for the purpose of public transport or aerial work; or (b) to a flight made in an aircraft not flying for the purpose of public transport nor operated by an air transport undertaking if at the time of the flight the aggregate of all the flight times of the person making the flight since he was last medically examined under these Regulations and found fit does not exceed one hundred and fifty hours.
52.
Provision for particular cases (1) Notwithstanding anything contained in regulations 48, 49 and 51 (hereinafter referred to as the relevant regulations) a person shall be deemed not to have contravened any of the provisions of these Regulations by reasons of a flight made at any time by that person or by another person if the first-mentioned person proves (a) that 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) that 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 79(2) and anything contained in the relevant regulations, the commander 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 paragraph, be prohibited from making by virtue of any provision contained in the relevant regulations if (a) it appears to the commander (i) that 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 no member of that crew would have been prohibited from making the flight in accordance with those arrangements by any provision contained in the relevant regulations, 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) that the flight is one which ought to be carried out in the interest of the safety or health of any person; and (b) the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that other person makes that flight.
(3) Where the commander or any other person makes a flight in an aircraft which he or that other person is permitted to make under paragraph (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 commander made that flight or, as the case may be, authorized that other person to do so, shall be made as soon as is reasonably practicable by the commander to the operator of the aircraft and in any event by the operator to the Director, and the operator and the commander shall furnish any authorized person with such further information in his possession relating to the flight and to the circumstances in which it was made as that person may require.
(4) Notwithstanding regulations 48, 49, 50, 51 and this regulation, where a scheduled service has an unavoidable and prolonged delay en route, subject to the discretion of the commander of the aircraft, a reduced period of rest may be taken, and such period shall 115 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 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 53.
Duties of operators to prevent excessive fatigue of crew It shall be the duty of every operator of an aircraft to which this regulation applies to ensure, in respect of each person flying as a member of the crew of that aircraft, that the period during which that person is required or permitted by that operator to carry out any work or other duties are so limited in length and frequency, and that that person is afforded such period for rest that his work and duties are not likely to cause him such fatigue while he is flying in the aircraft, in respect of flight crew, as may endanger the safety thereof, and in respect of other members of the crew, as may impair their efficiency to fulfil adequately their duties in relation to the possible evacuation or control of passengers or the provision of assistance in the event of an emergency situation.
PART VIII DOCUMENTS 54.
Documents to be carried (1) No aircraft shall be flown unless there is carried therein documents which are required to be carried on board under the law of the state in which the aircraft is registered.
(2) An aircraft registered in Kenya shall, when in flight, have on board documents in accordance with the Eleventh Schedule; 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 Kenya, the documents may be kept at the aerodrome instead of being carried aboard the aircraft.
55.
Production of documents (1) The commander of an aircraft shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person (a) the certificates of registration and airworthiness in force in respect of the aircraft; [Issue 1] 116 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) the licences of its flight crew; (c) such other documents as the aircraft is required by regulation 54 to have on board when in flight.
(2) The operator of an aircraft registered in Kenya shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person such of the following documents or records as may have been requested by that person, being documents or records which are required by or under these Regulations to be in force or to be carried, preserved or made available (a) the documents referred to in the Eleventh Schedule as Documents A, B and G; (b) the aircraft log-book, engine log-books and variable pitch propeller log- books required under these Regulations to be kept; (c) the weight schedule, if any, required to be preserved under regulation 15; (d) in the case of a public transport aircraft or aerial work aircraft, the documents referred to in the Eleventh Schedule as Documents D, E, F and H; (e) any records of flight times, duty periods and rest periods which he is required by subregulation (3) of regulation 50 to preserve, 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; (f) any operations manuals or other data required to be made available under these Regulations; (g) the record made by any flight recorder required to be carried by or under these Regulations.
(3) The holder of a licence granted or rendered valid under these Regulations shall, within a reasonable time after being requested to do so by an authorized person, cause to be produced to that person his licence including any certificate of validation.
(4) Every person required by regulation 20 to keep a personal flying log-book shall cause it to be produced within a reasonable time to an authorized person after being requested to do so by him within two years after the date of the last entry therein.
56.
Preservation of documents, etc.
A person required by these Regulations to preserve any document 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 document or record as if he had not ceased to be the operator, and in the event of his death the duty to preserve the document or record shall fall upon his legal personal representative: Provided that if (a) another person becomes the operator of the aircraft and it remains registered in Kenya he or his legal personal representative shall deliver to that other person, upon demand, the certificate of maintenance and compliance, the log-books and the weight schedule and any records made by a flight recorder and preserved in accordance with these Regulations which are in force or required to be preserved in respect of the aircraft; (b) an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person and registered in Kenya he or his legal personal representative shall deliver to that other person upon demand the log-book relating to that engine or propeller; 117 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (c) any person in respect of whom a record has been kept by him in accordance with regulation 50 becomes a member of the flight crew of a public transport aircraft registered in Kenya and operated by another person, he or his personal representative shall deliver those records to that other person upon demand, and it shall be the duty of that other person to deal with the document delivered to him as if he were the first-mentioned operator.
57.
Revocation, suspension and variation of certificates, licences and other documents (1) The Director may, where he considers it to be in the public interest, suspend provisionally (pending further investigation), any certificate, licence, approval, permission, exemption or other document issued or granted under these Regulations.
(2) The Director may, upon the completion of an investigation which has shown sufficient ground to his satisfaction and where he considers it to be in the public interest, revoke, suspend, or vary any certificate, licence, approval, permission, exemption or other document issued or granted under these Regulations.
(3) The holder or any person having the possession or custody of any certificate, licence, approval, permission, exemption or other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the Director within a reasonable time after being required to do so by him.
(4) The breach of any condition subject to which any certificate, licence, approval, permission, exemption or 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.
58.
Offences in relation to documents (1) No person shall, with intent to deceive (a) use any certificate, licence, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he is not entitled; or (b) lend any certificate, licence, approval, permission, exemption or other document issued or required by or under these Regulations; or (c) 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, licence, approval, permission or exemption or other document.
(2) During the period for which it is required under these Regulations to be preserved, no person shall wilfully mutilate, alter, render illegible or destroy any log-book or other record, 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 log-book or record, or wilfully omit to make a material entry in any such log-book or record.
(3) All entries in log-books and records required to be maintained by or under these Regulations shall be made in ink or indelible pencil.
(4) No person shall wilfully or negligently make in a load sheet any entry which is incorrect in any material particular, or wilfully or negligently omit to make a material entry in such a load sheet.
(5) No person shall purport to issue any certificate for the purposes of these Regulations unless he is authorized to do so under these Regulations.
[Issue 1] 118 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (6) No person shall issue any certificate of the kind referred to in paragraph (5) unless he has satisfied himself that all statements in the certificate are correct.
PART IX CONTROL OF AIR TRAFFIC 59.
Rules of the Air and Air Traffic Control (1) Every person and every aircraft shall comply with the Rules of the Air and Air Traffic Control contained in the Twelfth Schedule.
(2) Subject to the provisions of paragraph (3), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, the Rules of the Air and Air Traffic Control.
(3) It shall be lawful for the Rules of the Air and Air Traffic Control may be departed from to the extent necessary (a) to avoid immediate danger; or (b) to comply with the law of any state other than Kenya within which the aircraft then is; or (c) for military aircraft of Kenya or military aircraft of another state visiting Kenya when flying within Kenya, either in areas notified for military use, or under emergency conditions provided approval is given by the Minister of Defence in consultation with the Director.
(4) If any departure from the Rules of the Air and Air Traffic Control is made for the purpose of avoiding immediate danger, the commander of the aircraft shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given within ten days thereafter to the competent authority of the state in whose territory the departure was made or if in the case of a Kenyan aircraft the departure was made over the high seas, to the Director.
(5) Nothing in the Rules of the Air and Air Traffic Control shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.
(6) The Director may, for the purpose of promoting the safety of aircraft, by notice in the Gazette, regulate as to how special signals and other communications to be made by or on an aircraft shall be made and as to any other precaution to be observed in relation to the navigation and control of aircraft which the Director may consider expedient for the purpose aforesaid, and no aircraft shall fly in contravention of any such notice.
60.
Licensing of air traffic controllers and student air traffic controllers (1) The Director may grant a licence subject to such conditions as he thinks fit to any person to act as an air traffic controller, upon being satisfied that the applicant is a fit person to hold the licence and is qualified by reason of his knowledge, experience, competence, skill and physical fitness so to act, and for that purpose the applicant shall furnish such evidence and undergo such examinations and tests (including in particular medical examinations) as the Director may require: Provided that the Director shall not grant a licence to act as an air traffic controller to a person under the age of twenty-one years or a licence to act as a student air traffic controller to a person under the age of eighteen years.
(2) Every licence to act as an air traffic controller shall include (a) ratings of one or more of the classes set forth in the Ninth Schedule specifying the type of air traffic control service which the holder of the licence is competent to provide; 119 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) a list of the places at which, and the type of radar equipment, if any, with the aid of which he may provide the service and if throughout any period of six months the holder of the 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, without prejudice to the Directors powers under regulation 57 cease to be valid for that place at the end of that period, and upon a rating ceasing to be valid for a place the holder of the licence shall forthwith inform the Director to that effect and shall forward the licence to the Director to enable it to be endorsed accordingly.
(3) Every licence to act as a student air traffic controller shall be valid only for the purpose of authorizing the holder to provide air traffic control services under the supervision of another person who is present at the time and is the holder of a valid air traffic controllers licence which includes a rating specifying the type of air traffic control services which is being provided by the student air traffic controller and valid at the place in question.
(4) A licence as an air traffic controller or as a student air traffic controller shall not be valid unless the holder of the licence has signed his name thereon in ink with his ordinary signature.
(5) Subject to the provisions of regulation 57, a licence as an air traffic controller or as a student air traffic controller shall remain in force (a) for a period of twenty-four months if issued to a person who has not attained forty years of age; or (b) for a period of twelve months if issued to a person who is aged forty years or more, and may be renewed by the Director from time to time upon his being satisfied that the applicant is a fit and qualified person.
[L.N.
31/1987, s.
2.] 61.
Prohibition of unlicensed air traffic controllers and student air traffic controllers (1) No person shall provide any air traffic control service at any aerodrome at which air traffic control service is required to be provided by or under the Rules of the Air and Air Traffic Control or at a Government aerodrome or at any other place (not being an aerodrome) at which air traffic control service is provided (whether or not under the direction of a Government Department or the Director) unless he does so under and in accordance with the terms of (a) a valid student air traffic controllers licence granted under these Regulations and he is supervised in accordance with regulation 60(3); or (b) a valid air traffic controllers licence so granted authorizing him to provide that type of service at the aerodrome or other place; or (c) a valid air traffic controllers licence so granted which does not authorize him to provide that type of service at the aerodrome or other place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controllers licence so granted which authorizes him to provide at that aerodrome or other place the type of air traffic control service which is being provided: Provided that a licence shall not be required by any person who acts in the course of his duty as a member of any of Kenyas naval, military or air forces or a visiting military force.
(2) The holder of a licence shall not be entitled to perform any of the functions specified in the Ninth Schedule in respect of a rating at any of the places referred to in [Issue 1] 120 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] paragraph (1) unless 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, the functions are performed.
(3) Nothing in a licence granted under regulation 60 shall permit any person to operate manually any direction-finding equipment for the purpose of providing air traffic control service to an aircraft at a time when he is providing air traffic control service or making signals to that aircraft or to another aircraft.
(4) Nothing in this regulation shall prohibit the holder of a valid air traffic controllers licence from providing at any place for which the licence includes a valid rating information to aircraft in flight in the interests of safety.
62.
Incapacity of air traffic controllers (1) Every holder of an air traffic controllers licence granted under regulation 60 who (a) suffers any personal injury or illness involving incapacity to undertake the functions to which his licence relates for a period of twenty or more consecutive days; or (b) in the case of a woman has reason to believe that she is pregnant, shall inform the Director in writing of such illness, injury or pregnancy as soon as possible.
(2) An air traffic controllers licence shall be deemed to be suspended as soon as a period of twenty days of such injury or illness as is referred to in paragraph (1)(a) has elapsed; and suspension of the licence shall cease (a) upon the holder being medically examined under arrangements made by the Director and pronounced fit to resume his functions under the licence; or (b) upon the Director exempting the holder from the requirement of a medical examination subject to such conditions as he may think fit.
(3) Upon the pregnancy of the holder of an air traffic controllers licence being confirmed, the licence shall be deemed to be suspended and shall remain suspended until she has been medically examined under arrangements made by the Director after the pregnancy has ended and pronounced fit to resume her functions under the licence.
63.
Power to prohibit or restrict flying or landing or take off (1) Where the Director deems it necessary in the public interest (a) to restrict or prohibit flying over any area of Kenya or along any route therein; or (b) to restrict or prohibit landing or take off at any place in Kenya, by reason of (i) the intended gathering or movement of a large number of persons; or (ii) the intended holding of an aircraft race contest or of an exhibition of an exhibition of flying; or (iii) any reason affecting the public interest, the Director may by order prohibit, restrict or impose conditions on flight, landing or take off generally or in relation to any class of aircraft, over such area or along any such route or at any such places, and an aircraft shall not fly, land or take off in contravention of the order.
(2) An order made under this regulation shall be notified and in addition may be published in the Gazette.
(3) An order published under paragraph (2) may be expressed to, and shall deemed to have come into force on a date earlier than the date of publication in the Gazette.
[L.N.
27/1985, s.
3.] 121 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 64.
Balloons, kites and airships (1) No person shall, within Kenya (a) fly a captive balloon or kite at a height of more than 200 feet above the ground level or within 200 feet of any vessel, vehicle or structure; (b) fly a captive balloon within 3 miles of an aerodrome; (c) fly a balloon exceeding six feet 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 three nautical miles of an aerodrome; (e) moor an airship; (f) fly a free balloon at night, without the permission in writing of the Director, and in accordance with any conditions subject to which that permission may be granted.
(2) A captive balloon when in flight shall not be left unattended unless it is fitted with device which ensures its automatic deflation if it breaks.
(3) An unmanned free balloon shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with conditions specified in the Twelfth Schedule.
[L.N.
96/1984, s.
2 PART X AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS 65.
Aerodromes: public transport of passengers and instruction in flying (1) An aircraft engaged on a flight for the purpose of the public transport of passengers or for the purpose of instruction in flying shall not take off or land at any place in Kenya other than (a) a Government aerodrome notified as available for the take-off and landing of aircraft so engaged, or in respect of which the person in charge of the aerodrome has given his permission for the particular aircraft to take off or land as the case may be; or (b) an aerodrome licensed under these Regulations for the take-off and landing of aircraft so engaged, and in accordance with any condition subject to which the aerodrome may have been so licensed or notified, or subject to which such permission may have been given: Provided that such prohibition shall not apply in relation to (a) any aeroplane or helicopter of which the maximum total authorized weight does not exceed 4,500 kg.
on a flight for the purpose of public transport other than scheduled journeys; (b) any glider; (c) a landing due to accident, stress of weather or other unavoidable cause or to the next subsequent take-off following such a landing.
(2) An aircraft shall not take off or land by night at any place in Kenya unless adequate lighting is in operation at the aerodrome.
66.
Use of Government aerodromes The Director may cause to be notified, subject to such conditions as he thinks fit, any Government aerodrome as an aerodrome available for take-off and landing by aircraft.
[Issue 1] 122 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 67.
Licensing of aerodromes (1) The Director may license any aerodrome in Kenya for the take-off and landing of aircraft engaged in flights for the purpose of the public transport of passengers, or for the purpose of instruction in flying or of any classes of such aircraft, and may issue any such licence subject to such conditions as he shall consider in the public interest, including a condition that the aerodrome shall at all times when it is available for the take-off or landing, of aircraft be so available to all persons on equal terms and conditions, and any licence issued subject to such a condition shall be known as a licence for public use.
(2) The licensee of an aerodrome in respect of which a licence for public use is in force shall display in a prominent place at the aerodrome a copy of the licence and shall furnish to any person on request information concerning the terms of the licence.
(3) The licensee of an aerodrome licensed under these Regulations shall not cause or permit any condition of the licence to be contravened in relation to an aircraft engaged on a flight for the public transport of passengers or for instruction in flying, but the licence shall not cease to be valid by reason only of such contravention.
(4) A licence granted by the Director in respect of an aerodrome shall, subject to the provisions of regulation 57, remain in force for such period as may be specified in the licence.
68.
Charges at aerodromes licensed for public use (1) The Director may, in relation to any aerodrome in respect of which a licence for public use has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or in connexion with any aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services.
(2) The licensee of an aerodrome in relation to which the Director has prescribed any charges under paragraph (1) shall not cause or permit any other charges to be made and shall cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected thereby.
(3) The licensee of any aerodrome in respect of which a licence for public use had been granted shall, when required by the Director, furnish to the Director such particulars as he may require of the charges established by the licensee for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.
69.
Use of aerodromes by aircraft other than Kenyan aircraft The person in charge of any aerodrome in Kenya which is open to public use by aircraft registered in Kenya (whether or not the aerodrome is a licensed aerodrome) shall cause the aerodrome, and all air navigation facilities provided thereat, to be available for use by aircraft registered in other states on the same terms and conditions as for use by aircraft registered in Kenya.
70.
Noise and vibration caused by aircraft on aerodromes (1) Noise and vibration may be caused by aircraft including military aircraft, on Government aerodromes, licensed aerodromes or on aerodromes at which the manufacture, repair or maintenance of aircraft is carried out by persons carrying on business of manufacturers or repairers of aircraft,under the following conditions that is to say, that, whether in the course of the manufacture of the aircraft or otherwise (a) the aircraft is taking off or landing; or 123 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) the aircraft is moving on the ground or water; or (c) the engines are being operated in the aircraft (i) for the purpose of ensuring their satisfactory performance; (ii) for the purpose of bringing them to a proper temperature in preparation for, or at the end of, a flight; or (iii) for the purpose of ensuring that the instruments, accessories or other components of the aircraft are in a satisfactory condition.
(2) Section 13(2) of the Act shall apply to the aerodromes specified in paragraph (1).
71.
Aeronautical lights (1) No person shall establish or maintain an aeronautical light within Kenya except with the permission of the Director and in accordance with any conditions subject to which the permission may be granted.
(2) No person shall alter the character of an aeronautical light within Kenya except with the permission of the Director and in accordance with any conditions subject to which permission may be granted.
(3) No person shall wilfully or negligently injure or interfere with any aeronautical light established and maintained by, or with the permission of, the Director.
72.
Dangerous lights (1) No person shall exhibit in Kenya any light which (a) by reason of its glare is liable to endanger aircraft taking off from or landing at an aerodrome; or (b) by reason of its liability to be mistaken for an aeronautical light is likely to endanger aircraft.
(2) If any light which appears to the Director to be such a light as is referred to in paragraph (1) is exhibited the Director may cause a notice to be served upon the person who is the occupier of the place where the light is exhibited or having charge of the light directing that person, within a reasonable time to be specified in the notice, to take such steps as may be specified in the notice for extinguishing or screening the light and for preventing the future exhibition of any other light which may similarly endanger aircraft.
(3) The notice may be served either personally or by post, or by affixing it in some conspicuous place near to the light to which it relates.
72A.
Notifications The Director may cause to be notified such information or directions or orders as may be necessary for air navigation and air transport purposes in Kenya and the directions or orders shall not be contravened.
PART XI GENERAL 73.
Prohibited areas (1) The Minister may, by notice, declare any specifically defined area in Kenya a prohibited area.
(2) Except as may be provided in the notice whereby the prohibited area is established, or in any subsequent notice issued by the Minister, no aircraft shall fly over, or land in any prohibited area.
[L.N.
27/1985, s.
4.] [Issue 1] 124 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 74.
Power to prevent aircraft flying (1) If it appears to the Director or an authorized person that any aircraft is intended or likely to be flown (a) in such circumstances that any provision of regulations 3, 5, 7, 17, 18, 26, 36 or 37 shall be contravened in relation to the flight; or (b) in such circumstances that the flight would be in contravention of any other provision of these Regulations and be a cause of danger to any person or property, whether or not in the aircraft; or (c) while in a condition unfit for the flight, whether or not the flight would otherwise be in contravention of any provision of these Regulations, the Director or that authorized person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the particular flight or any other flight of such description as may be specified in the direction until the direction has been revoked, and the Director or that authorized person may take such steps as are necessary to detain the aircraft.
(2) For the purpose of paragraph (1) the Director or any authorized person may enter upon and inspect any aircraft.
75.
Right of access to aerodromes and other places (1) The Director and any authorized person shall have the right of access at all reasonable times (a) to any aerodrome, for the purpose of inspecting the aerodrome; or (b) to any aerodrome, for the purpose of inspecting any aircraft on the aerodrome or any document which he has power to demand under these Regulations, or for the purpose of detaining any aircraft under the provisions of these Regulations; and (c) to any place where an aircraft has landed, for the purpose of inspecting the aircraft or any document which he has power to demand under these Regulations and or for the purpose of detaining the aircraft under these Regulations: Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.
76.
Obstruction of persons No person shall wilfully obstruct or impede any person acting in the exercise of his powers or the performance of his duties under these Regulations.
77.
Enforcement of directions Any person who fails to comply with any direction given to him by the Director or by any authorized person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.
78.
Fees (1) The provisions of the Thirteenth Schedule shall have effect with respect to the fees to be charged in connexion 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.
(2) Upon an application being made in connexion with which any fee is chargeable in accordance with the provisions of paragraph (1), the applicant shall be required, before 125 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] the application is entertained, to pay the fee so chargeable; and if, after such payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Director shall, in his discretion, refund all or part of such payment.
79.
Penalties (1) If any provision of these Regulations is contravened in relation to an aircraft the operator of that aircraft and the commander thereof, if the operator or, as the case may be, the commander 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 for the purposes of the following provisions of these Regulations 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 was due to any cause not avoidable by the exercise of reasonable care by that person, that 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 by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of public transport, 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) If any person contravenes any provision of these Regulations not being a provision referred to in paragraph (5) or paragraph (6) of this regulation, he shall be liable to a fine not exceeding two thousand shillings; or in the case of a second or subsequent conviction for the like offence to a fine not exceeding four thousand shillings.
(5) If any person contravenes any provision specified in Part A of the Fifteenth Schedule he shall be liable to a fine not exceeding four thousand shillings or in the case of a second or subsequent conviction for the like offence to a fine of ten thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(6) If any person contravenes any provision specified in Part B of the Fifteenth Schedule he shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
80.
Extra-territorial effect 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.
[Issue 1] 126 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 81.
Application of regulations to the Government of Kenya and visiting forces, etc.
(1) Subject to this regulation, the provisions of these Regulations shall apply to or in relation to aircraft belonging to or exclusively employed in the service of the Government, of Kenya not being military aircraft, as they apply to or in relation to other aircraft which are registered in Kenya or are capable of being so registered and for the purposes of such application the Department or other authority for the time being responsible for the 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 of Kenya to be the owner of the interest of the Government in the aircraft: Provided that nothing in this regulation shall render liable to any penalty any Department or other authority responsible on behalf of the Government for the management of any 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 provisions of these Regulations to the same extent as if the visiting force formed part of the military forces of Kenya.
(3) Except as otherwise provided by paragraph (4) of this regulation, regulation 59(1), and regulation 70, nothing in these Regulations shall apply to or in relation to any military aircraft.
(4) Where a military aircraft is flown by a civilian pilot and is not commanded by a person who is acting in the course of his duty as a member of any of the naval, military or air forces of Kenya or as a member of a visiting force, the following provisions of these Regulations shall apply on the occassion of that flight, that is to say, regulations 40, 41, 42, 63, 70 and 73 and in addition regulation 39 (so far as applicable) shall apply.
82.
Exemption from regulations (1) The Director may by notice in writing, including by telex, exempt from any of the provisions of these Regulations any aircraft or person or classes of aircraft or persons, either absolutely or subject to such conditions as he thinks fit.
(2) Notwithstanding anything contained in paragraph (1), the power to exempt any aircraft or person or classes of aircraft or persons from the provions of regulation 36 shall be expressly reserved to the Minister and any exemption granted under this paragraph by the Minister shall be published by the Minister in the Gazette and may be expressed to, and shall be deemed to have come into operation on a date earlier than the date of publication in the Gazette.
[L.N.
27/1985, s.
5.] 83.
Regulations not to confer right to land Subject to the provisions of regulations 67 and 69 nothing in these Regulations shall confer any right to land in any place as against the owner of the land or other persons interested therein.
84.
Application to small aircraft The provisions of these Regulations, other than regulations 41 and 64 thereof, shall not apply to (a) any balloon which at any stage of its flight is not more than 2m.
in any linear dimension, including any basket or other equipment attached to the balloon; (b) any kite weighing not more than 2 kg.; (c) any other aircraft weighing not more than 5 kg.
without its fuel.
85.
Revocation of Sub.
Leg.
The East African Air Navigation Regulations (E.A.
Cap 31, Sub.
Leg.), in so far as they apply to Kenya, are revoked.
127 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] FIRST SCHEDULE [Regulations 2(6), 4(6) and 22(3).] PART A TABLE OF CLASSIFICATION OF AIRCRAFT Column 1 Column 2 Column 3 Column 4 Non-mechanically driven.
Free Balloon.
Captive Balloon.
Lighter-than- air aircraft Mechanically drive.
Airship.
Non-mechanically driven.
Glider.
Aircraft Kite.
Heavier- Aeroplane (Landplane).
than-air aircraft Aeroplane (Seaplane).
Aeroplane (Amphibian).
Mechanically driven Aeroplane (Self-launching (aeroplanes) Motor Glider).
Gyroplane.
Helicopter.
PART B NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN KENYA 1.
The nationality mark of the aircraft shall be a group of two capital letters in Roman character and the registration mark shall be a group of three capital letters in Roman character assigned by the Director on the registration of aircraft.
The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.
The following nationality mark is notified in respect of aircraft registered in Kenya Kenya.
5B Registration marks will be assigned by the Director on registration of the aircraft.
2.
The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner IPOSITION OF MARKS (a) Heavier-than-air Aircraft (i) Wings.On heavier-than-air aircraft the marks shall appear once on the lower surface of the wing structure.
They shall be located on the left half of the lower surface of the wing structure unless they extend across the whole of the lower surface of the wing structure.
So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings.
The top of the letters and numbers shall be towards the leading edge of the wing.
(ii) Fuselage (or equivalent structure) and vertical surfaces.On heavier- than-air aircraft the marks shall appear either on each side of the fuselage (or equivalent structure) between the wings and the tail [Issue 1] 128 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] surface, or on the upper halves of the vertical tail surfaces.
When located on a single vertical tail surface they shall appear on both sides.
When located on multivertical tail surface they shall appear on the outboard side of the outer surfaces.
(iii) Special cases.If a heavier-than-air aircraft does not possess parts corresponding to those mentioned in (i) and (ii), the marks shall appear in a manner such that the aircraft can be identified readily.
(b) Lighter-than-air Aircraft (i) Airships.The marks on an airship shall appear either on the hull or on the stabilizer surfaces.
Where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry.
Where the marks appear on the stabilizer surface, they shall appear on the horizontal and on the vertical stabilizers; the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers towards the leading edge; the marks on the vertical stabilizer shall be located on each side of the bottom half stabilizer, with the letters and numbers placed horizontally.
(ii) Spherical balloons.The marks on a spherical balloon shall appear in two places diametrically opposite.
They shall be located near the maximum horizontal circumference of the balloon.
(iii) Non-spherical balloons.The marks on a non-spherical balloon shall appear on each side.
They 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 cables.
(iv) All lighter-than-air aircraft.The side marks on all lighter-than-air aircraft shall be visible both from the sides and from the ground.
IISIZE OF MARKS (a) Heavier-than-air Aircraft (i) Wings.The height of the marks on the wings of heavier-than-air aircraft shall be at least 50 centimetres.
(ii) Fuselage (or equivalent structure) and vertical tail surfaces.The height of the marks on the fuselage (or equivalent structure) and on the vertical tail surfaces of heavier-than-air aircraft shall be at least 30 centimetres, provided that where because of the structure of the aircraft a height of 30 centimetres is not reasonably practicable, the height shall be the greatest height reasonably practical in the circumstances, but not less than 15 centimetres.
(iii) Special cases.If a heavier-than-air aircraft does not possess parts corresponding to those mentioned in (i) and (ii), the measurements of the marks shall be such that the aircraft can be identified readily.
(b) Lighter-than-air Aircraft The height of the marks on lighter-than-air aircraft shall be at least 50 centimetres.
IIIWIDTH OF SPACING OF MARKS (i) The letters shall be capital letters in Roman characters without ornamentation.
Numbers shall be Arabic numbers without ornamentation.
(ii) The width of characters (except the letter j and the number 1) and the length of hyphens shall be two-thirds of the height of the characters.
129 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (iii) The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background.
The thickness of the lines shall be one-sixth of the height of the characters.
(iv) Each character shall be separated from that which it immediately precedes or follows by a space of not less than one-quarter of a character width.
A hyphen shall be regarded as a character for this purpose.
3.
The nationality and registration marks shall be displayed to the best advantage, taking into consideration the constructional features of the aircraft, and shall always be kept clean and visible.
4.
In addition to the requirements of paragraphs (1), (2) and (3), the nationality and registration marks shall also be inscribed on an identification plate made of fireproof metal and secured to the aircraft in a prominent position near the main entrance.
SECOND SCHEDULE [Regulations 3(1), 7(2) and 35(5) and 58(5).] A AND B CONDITIONS The A Conditions and the B Conditions referred to in paragraph (1) of regulation 3, paragraph (2) of regulation 7 and paragraph (5) of regulation 35, and paragraph (5) of regulation 58 are as follows A Conditions (1) The aircraft shall be either an aircraft in respect of which a certificate of airworthiness or validation has previously been in force under the provisions of these Regulations, or an aircraft identical in design with an aircraft in respect of which such a certificate is or has been in force.
(2) The aircraft shall fly only for the purpose of enabling it to (a) qualify for the issue or renewal of a certificate of airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval as the case may be; or (b) proceed to or from a place at which any inspection, approval, test or weighing of, or the installation of equipment in the aircraft is to take place for a purpose referred to in subparagraph (a), after such an application has been made, or at which the installation of furnishings in, or the painting of, the aircraft is to be undertaken; or (c) proceed to or from a place at which the aircraft is to be or has been stored.
(3) The aircraft and its engines shall be certified as fit for flight by the holder of a licence as an aircraft maintenance engineer entitled in accordance with the provisions of the Fourth Schedule so to certify, or by a person approved by the Director for the purpose of issuing certificates under this condition.
(4) The aircraft shall carry the minimum flight crew specified in any certificate of airworthiness or validation which has previously been in force under these Regulations in respect of the aircraft, or is or has previously been in force in respect of any other aircraft of identical design.
(5) The aircraft shall not carry any passengers or cargo except passengers performing duties in the aircraft in connection with the flight, or persons who are carried in the aircraft to perform duties in connexion with a purpose referred to in paragraph (2) of these conditions.
[Issue 1] 130 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (6) The aircraft shall not fly over any congested area of a city, town or settlement except to the extent that it is necessary to do so in order to take off or land at a Government aerodrome or a licensed aerodrome in accordance with normal aviation practice.
(7) Without prejudice to the provisions of paragraph (2) of regulation 17 the aircraft shall carry such flight crews as may be necessary to ensure the safety of the aircraft.
B Conditions (1) The flight shall be made under the supervision of a person approved by the Director for the purposes of these Conditions, and subject to any additional conditions which may be specified in such approval.
(2) If it is not registered in Kenya or under the law of any state referred to in regulation 3, the aircraft shall be marked in a manner approved by the Director for the purposes of these Conditions, and the provisions of regulations 13, 14, 18, 29, 32, 54 and 55 shall be complied with in relation to the aircraft as if it was registered in Kenya so far as such provisions are applicable to the aircraft in the circumstances.
(3) The aircraft shall fly only for the purpose of (a) experimenting with or testing the aircraft (including in particular its engines) and its equipment; or (b) enabling the aircraft to qualify for the issue or validation of a certificate of airworthiness or the approval of a modification of the aircraft; or (c) proceeding to or from a place at which any experiment, inspection, approval, test or weighing of, or the installation of equipment in the aircraft is to take place for purpose referred to in subparagraphs (a) and (b), or at which the installation of furnishings in, or the painting of the aircraft is to be taken.
(4) The aircraft shall carry such flight crew as may be necessary to ensure the safety of the aircraft.
(5) The aircraft shall not carry any passengers or cargo except passengers performing duties in the aircraft in connexion with the flight.
(6) The aircraft shall not fly except in accordance with the procedures which have been agreed by the Director in relation to that flight over any congested area of a city, town or settlement.
THIRD SCHEDULE [Regulation 8.] 1.
Categories of aircraft Transport Category (Passenger).
Transport Category (Cargo).
Aerial Work Category.
Private Category.
Special Category.
2.
The purposes for which the aircraft may fly are as follows Transport Category (Passenger): Any purpose.
Transport Category (Cargo): Any purpose, other than the public transport of passengers.
131 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Aerial Work Category: Any purpose other than public transport.
Private Category: Any purpose other than public transport or aerial work.
Special Category: Any purpose other than public transport specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted.
FOURTH SCHEDULE [Regulation 11(2).] MAINTENANCE ENGINEERS: PRIVILEGES OF LICENCES An aircraft maintenance engineer may, subject to the conditions of his licence, issue certificates as follows Aircraft Maintenance EngineersCategory A (Aircraft) In relation to aircraft (not including engines) of a description specified in his licence, being aircraft in respect of which a type rating has been included in his licence (a) certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations; (b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved; (c) certificates of fitness of aircraft for flight under the A Conditions set out in the Second Schedule.
Aircraft Maintenance EngineersCategory B (Aircraft) In relation to aircraft (not including engines) of a description specified in his licence, being aircraft in respect of which a type rating has been included in his licence Certificates of compliance in respect of inspection, overhauls, repairs, replacements and modifications approved under these Regulations.
Aircraft Maintenance EngineersCategory C (Engines) In relation to engines of a description specified in his licence, being engines in respect of which a type rating has been included in his licence (a) certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations; (b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved; (c) certificates of fitness of aircraft engines for flight under the A Conditions set out in the Second Schedule.
Aircraft Maintenance EngineersCategory D (Engines) In relation to engines of a description specified in his licence, being engines in respect of which a type rating has been included in his licence Certificates of compliance in respect of inspections, overhauls, repairs, replacements and modifications approved under these Regulations.
Aircraft Maintenance EngineersCategory X Compasses.
Instruments.
Electrical Equipment.
Automatic Pilots.
[Issue 1] 132 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] In relation respectively to compasses, instruments, electrical equipment or automatic pilots of a description specified in his licence, being compasses, instruments, electrical equipment or automatic pilots in respect of which a type rating has been included in his licence (a) certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations; (b) certificates of compliance in respect of inspections, repairs, replacements and modifications so approved.
Aircraft Maintenance EngineersCategory R (Radio) In relation to aircraft radio stations of a description specified in his licence, being radio stations in respect of which a type rating has been included in his licence (a) certificates of maintenance or certificates of release in accordance with the maintenance schedules approved under these Regulations; (b) certificates of compliance in respect of inspections, repairs, replacement and modifications so approved.
The privileges of the licence shall also include the issue of certificates of compliance in respect of inspections, repairs, replacements and modifications of any aircraft radio apparatus approved under these Regulations, if the licence bears an endorsement to that effect.
FIFTH SCHEDULE [Regulations 10(3) and 12(2).] AIRCRAFT EQUIPMENT 1.
Every aircraft of a description specified in the first column of the Table set forth in paragraph 3 of this Schedule and which is registered in Kenya shall be provided, when flying in the circumstances specified in the second column of that Table, with adequate equipment, and for the purpose of this paragraph the expression adequate equipment shall mean the scales of equipment respectively indicated in that Table: Provided that if the aircraft is flying in a combination of such circumstances the scales of equipment shall not on that account be required to be duplicated.
2.
The equipment carried in an aircraft as being necessary for the airworthiness of the aircraft shall be taken into account in determining whether this Schedule is complied with in respect of that aircraft.
3.
The following items of equipment shall not be required to be of a type approved by the Director as set forth in paragraph 4 of this Schedule (i) The equipment referred to in Scale A(ii).
(ii) First aid equipment and handbook, referred to in Scale B.
(iii) Time-pieces, referred to in Scale F.
(iv) Torches, referred to in Scales G, H and J.
(v) Whistles, referred to in Scale H.
(vi) Sea anchors, referred to in Scales I and J.
(vii) Rocket signals, referred to in Scale I.
133 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (viii) Equipment for mooring, anchoring or manoeuvring aircraft on water, referred to in Scale I.
(ix) Paddles, referred to in Scale J.
(x) Food and water, referred to in Scales J, U and V.
(xi) First aid equipment, referred to in Scales J, U and V.
(xii) Stoves, cooking utensils, snow shovels, ice saws, sleeping and Arctic suits, referred to in Scale V.
(xiii) Megaphones, referred to in Scale Y.
Scale of Description of aircraft Circumstances of Flight Equipment Required (1) Gliders (a) flying for purposes other than public transport or aerial work when flying by night.
A(ii) (b) flying for the purpose of public transport or A, B, D and aerial work; and F(i) (i) when flying by night C and G (ii) when carrying out aerobatic manoeuvres M (2) Flying machines (a) flying for purposes other than public transport; and A (i) when flying by night C and D (ii) when flying under Instrument Flight Rules (aa) outside controlled airspace D (bb) within controlled airspace E with E(iv) duplicated and F (iii) when carrying out aerobatic manoeuvres M (b) flying for the purpose of public transport; A, B, D and and F(i) (i) when flying under Instrument Flight E with E(iv) Rules except flights outside duplicated controlled airspace by flying and F machines having a maximum total weight authorized not exceeding 1,150 kg.
(ii) when flying by night and in the case C and G, E of flying machines of which the with E(iv) maximum total weight authorized duplicated exceeds 1,150 kg.
and F (iii) when flying over water beyond H gliding distance from land [Issue 1] 134 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Scale of Description of aircraft Circumstances of Flight Equipment Required (iv) when flying over water: (aa) in the case of an aeroplane: (aaa) classified in its certificate of airworthiness as being of performance group AC or X; or (bbb) having no performance group classification in its certificate of airworthiness and of such a weight and performance that with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified in the certificate of airworthiness, performance schedule or flight manual relating to the aeroplane issued or rendered valid by the Director is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the International Standard Atmosphere specified in or ascertainable by reference to the certificate of airworthiness in force in respect of that aircraft.
when either more than 460 nautical miles or more than 90 minutes flying time from the nearest aerodrome at which an emergency landing can be made H and J (bb) in the case of all other flying machines, when more than 30 minutes flying time** from such an aerodrome H and J (v) on all flights which involve manoeuvres on water H, I and J (vi) when flying at a height of 10,000 feet or more above mean sea level K * For the purposes of this Table flying time shall be calculated on the assumption that the aircraft is flying in still air at the speed specified in the relevant certificate of airworthiness is the speed for compliance with regulations governing flights over water.
135 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Scale of Description of aircraft Circumstances of Flight Equipment Required (vii) on flights when the weather reports or forecasts available at the aerodrome at the time of departure indicate that conditions favouring ice formation are likely to be met L (viii) when carrying out aerobatic manoeuvres M (ix) on all flights on which the aircraft carries a flight crew of more than one person N (x) on all flights for the purpose of the public transport of passengers Q and Y (xi) on all flights by a pressurized aircraft R (xii) when flying over substantially uninhabited land areas where, in the event of an emergency landing, tropical conditions are likely to be met U (xiii) when flying over substantially uninhabited land areas where, in the event of any emergency landing, polar conditions are likely to be met V (xiv) when flying at an altitude of more than 49,000 feet W (3) Turbine-jet flying machines when flying for the purpose of public O having a maximum total weight transport authorized exceeding 5,700 kg.
or pressurized aircraft having a maximum total weight authorised exceeding 11,400 kg.
(4) Turbine-engined aeroplanes having a maximum total weight authorised exceeding 5,700 kg.
and piston-engined aeroplanes having a maximum total weight authorised exceeding 27,000 kg.
(a) which are operated by an air transport undertaking under a certificate of airworthiness of the Transport Category (Passenger) or the Transport Category (Cargo); or when flying on any flight P [Issue 1] 136 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Scale of Description of aircraft Circumstances of Flight Equipment Required (b) in respect of which application has been made and not withdrawn or refused for such a certificate, and which fly under A Conditions or under a certificate of airworthiness of the Special Category: when flying on any flight P Provided that this paragraph shall not apply to: (i) aeroplanes having a maximum total weight authorized exceeding 230,000 kg.
which conform to a type which was first issued with a type certificate in Kenya after 1st January, 1970; or (ii) aeroplanes having a maximum total weight authorized exceeding 5,700 kg.
but not exceeding 230,000 kg.
which conform to a type which was first issued with a type certificate (whether in Kenya or elsewhere) after 1st April, 1971.
(5) Aeroplanes (a) which conform to a type first issued with a type certificate (whether in Kenya or elsewhere) on or after 1st April, 1971 and which have a maximum total weight authorized exceeding 5,700 kg.
and in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or Transport Category (Cargo); or when flying on any flight S 137 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Scale of Description of aircraft Circumstances of Flight Equipment Required (b) which conform to a type first issued with a type certificate in Kenya on or after 1st January, 1970 and having a maximum total weight authorised exceeding 230,000 kg.
and in respect of which there is in force such a certificate of airworthiness; or when flying on any flight S (c) having a maximum total weight authorized exceeding 5,700 kg.
which conform to a type first issued with a type certificate on or after 1st April, 1971 (or 1st January, 1970 in the case of an aeroplane over 230,000 kg.
maximum total weight authorized) in respect of which application has been made, and not withdrawn or refused, for such a certificate of airworthiness and which fly under the A Conditions or in respect of which there is in force a certificate of air- worthiness in the Special Category.
when flying on any flight S (6) Aeroplanes (a) Which conform to a type first issued with a type certificate (whether in Kenya or elsewhere) on or after 1st April, 1971 and having a maximum total weight authorized exceeding 27,000 kg.
and in in respect of which there is in force a certificate of airworthiness in the Transport Category (Passenger) or the Transport Category (Cargo); or when flying on any flight T [Issue 1] 138 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Scale of Description of aircraft Circumstances of Flight Equipment Required (b) which conform to a type first issued with a type certificate in Kenya on or after 1st January, 1970 and which have a maximum total weight authorized exceeding 230,000 kg.
and in respect of which there is in force such a certificate of airworthiness; or when flying on any flight T (c) having a maximum total weight authorized exceeding 27,000 kg.
which conform to a type first issued with a type certificate on or after 1st April, 1971 (or 1st January, 1970 in the case of an aeroplane having a maximum total weight authorized exceeding 230,000 kg.) in respect of which an application has been made, and not withdrawn or refused for such a certificate of airworthiness and which fly under the A Conditions or in respect of which there is in force a certificate of airworthiness in the Special Category.
when flying on any flight T (7) Aeroplanes (a) which are turbo-jet and on all flights for the purpose of public transport X which have a maximum beginning on or after 1st January 1978 total weight authorized exceeding 15,000 kg.
or which are authorized to carry 30 passengers or more by the certificate of airworthiness in force in respect thereof; (b) which are not turbo-jet on all flights for the purpose of public transport X and which have a beginning on or after 1st July 1978 maximum total weight authorized exceeding 15,000 kg.
or which are authorized to carry 30 passengers or more by the certificate of airworthiness in force in respect thereof.
139 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 4.
The scales of equipment indicated in the Table set out in paragraph 3 shall be as follows SCALE A (i) Spare fuses for all electrical circuits the fuses of which can be replaced in flight consisting of 10 per cent of the number of each rating or three of each rating, whichever is the greater.
(ii) Maps, charts, codes and other documents and navigational equipment necessary, in addition to any other equipment required under these Regulations for the intended flight of the aircraft, including any diversion which may reasonably be expected.
(iii) (a) On all flights beginning before 1st January, 1978, subject to Scale B (iii)(a), a safety belt or safety harness for every seat in use.
(b) On all flights beginning before 1st January, 1978 (aa) subject to Scale B(iii)(b), in all aeroplanes, helicopters and gyroplanes, for every pilots seat and for any seat situated alongside a pilots seat, a safety belt with one diagonal shoulder strap or a safety harness: Provided that the Director may permit a safety belt without a diagonal shoulder strap to be fitted if he is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap, or a safety harness; and (bb) for every seat in use (not being a seat referred to in subparagraph (aa) above) a safety belt with or without one diagonal shoulder strap or a safety harness.
SCALE B (i) First-aid equipment of good quality, sufficient in quantity, having regard to the number of persons on board the aircraft, and including the following roller bandages, triangular bandages, adhesive plaster, absorbent gauze, cotton wool (or wound dressings in place of the absorbent gauze and cotton wool), burn dressings, safety pins; haemostatic bandages or tourniquets, scissors; antiseptic, analgesic and stimulant drugs; splints, in the case of aeroplanes the maximum total weight authorized of which exceeds 5,700 kg.; a handbook on first aid.
(ii) In the case of a flying machine used for the public transport of passengers in which, while the flying machine is at rest on the ground, the sill of any external door intended for the disembarkation of passengers, whether normally or in an emergency (a) is more than 1.82 metres from the ground when the undercarriage of the machine is in the normal position for taxiing; or (b) would be more than 1.82 metres from the ground if the undercarriage or any part thereof should collapse, break or fail to function, apparatus readily available for use at each such door consisting of a device or devices which will enable passengers to reach the ground safely in an emergency while the flying machine is on the ground, and can be readily fixed in position for use.
(iii) (a) On all flights beginning before 1st January, 1978, if the maximum total weight authorized of the aircraft is more than 2,730 kg., a safety harness for every pilots seat in use, in place of the safety belt referred to under Scale A: Provided that the Director may permit a safety belt to be fitted if he is satisfied that it is not reasonably practicable to fit a safety harness.
[Issue 1] 140 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) On all flights beginning on or after 1st January, 1978, if the maximum total weight authorized of the aircraft exceeds 2,730 kg, a safety harness for every pilots seat in use, in place of the safety belt with one diagonal shoulder strap referred to under scale A: Provided that the director may permit a safety belt with one diagnol shoulder strap to be fitted if he is satidfied that is not reasonably practicable to fit a safety harness.
(iv) If the commander cannot, from his own seat, see all the passengers seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.
SCALE C (i) Equipment for displaying the lights required by the Rules of the Air and Air Traffic Control.
(ii) Electrical equipment, supplied from the main source of supply in the aircraft, to provide sufficient illumination to enable the flight crew properly to carry out their duties during flight.
(iii) Unless the aircraft is equipped with radio, devices for making the visual signal specified in the Rules of the Air and Air Traffic Control as indicating a request for permission to land.
SCALE D (i) Either (a) a turn indicator and a slip indicator; or (b) a gyroscopic bank and pitch indicator and a gyroscopic direction indicator.
(ii) A sensitive pressure altimeter adjustable for changes in barometric pressure.
SCALE E (i) A turn indicator and a slip indicator.
(ii) A gyroscopic bank and pitch indicator.
(iii) A gyroscopic direction indicator.
(iv) A Sensitive pressure altimeter adjustable for changes in barometric pressure: Provided that any aircraft may, at the option of the operator, be equipped with an additional gyroscopic bank and pitch indicator in lieu of the turn indicator referred to in paragraph (i) of this Scale.
SCALE F (i) A timepiece with a sweep second hand.
(ii) A means of indicating whether the power supply to the gyroscopic instruments is adequate.
(iii) A rate of climb and descent indicator.
(iv) If the maximum total weight authorized of the aircraft exceeds 5,700 kg., a means of indicating the outside air temperature.
(v) If the maximum total weight authorized of the aircraft exceeds 5,700 kg., two air speed indicators.
SCALE G (i) Landing lights consisting of two single filament lamps, or one dual filament lamp with separately energized filaments.
(ii) An electric lighting system to provide illumination in every passenger compartment.
141 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (iii) (a) If the aircraft, in accordance with its certificate of airworthiness, may carry more than nineteen persons over three years of age, two electric torches and an emergency lighting system to provide illumination in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (ii).
(b) In the case of any other aircraft, one electric torch for each member of the crew of the aircraft.
(iv) In the case of an aircraft of which the maximum total weight authorised exceeds 5,700 kg., means of observing the existence and build up of ice on the aircraft.
SCALE H For each person on board, a lifejacket equipped with a whistle and waterproof torch: Provided that lifejackets constructed and carried solely for use by children under three years of age need not be equipped with a whistle.
SCALE I (i) Additional flotation equipment, capable of supporting one-fifth of the number of persons on board, and provided in a place of stowage accessible from outside the flying machine.
(ii) Parachute distress rocket signals capable of making, from the surface of the water, the pyrotechnical signal of distress specified in the Rules of the Air and Air Traffic Control and complying with Part III of Schedule 14 to the Merchant Shipping (Life-Saving Appliances) Rules, 1965 (S.L.
1965, No.
1105.) (iii) A sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the flying machine on water, appropriate to its size, weight and handling characteristics.
SCALE J (i) Liferafts sufficient to accommodate all persons on board the flying machine with the following equipment (a) means for maintaining buoyancy; (b) a sea anchor; (c) life lines, and means of attaching one liferaft to another; (d) paddles or other means of propulsion; (e) means of protecting the occupants from the elements; (f) a waterproof torch; (g) marine type pyrotechnical distress signals; (h) means of making sea water drinkable, unless the full quantity of fresh water is carried as specified in subparagraph (i); (i) for each four or proportion of four persons the liferaft is designed to carry 100 grammes of glucose toffee tablets; litre of fresh water in durable containers: Provided that in any case in which it is not reasonably practicable to carry the quantity of water above specified, as large a quantity of fresh water as is reasonably practicable in the circumstances may be substituted.
In no case however shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable [Issue 1] 142 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] of being produced by means of the equipment specified in subparagraph (h) to provide litre of water for each four or proportion of four persons the liferaft is designed to carry.
(j) first aid equipment.
Note.Items (f) to (j) inclusive, shall be contained in a pack.
(ii) The number of survival beacon radio apparatus carried when the aircraft is carrying the number of liferafts specified in column 1 of the following Table shall be not less than the number specified in, or calculated in accordance with, column 2 TABLE Column 1 Column 2 Not more than 8 liferafts.
2 survival beacon radio apparatus.
For every additional 14 or proportion 1 additional survival beacon radio apparatus.
of 14 liferafts.
SCALE K Part I (i) In every flying machine which is provided with means for maintaining a pressure greater than 700 millibars throughout the flight in the flight crew compartment and in the compartments in which passengers are carried (a) a supply of oxygen sufficient, in the event of failure to maintain such pressure, occurring in the circumstances specified in columns 1 and 2 of the Table set out in Part II of this Scale, for continuous use, during the periods specified in column 3 of that Table, by the persons for whom oxygen is to be provided in accordance with column 4 of that Table; and (b) in addition, in every case where the flying machine flies above flight level 350, a supply of oxygen in a portable container sufficient for the simultaneous first aid treatment of two passengers, together with suitable and sufficient apparatus to enable such persons to use the oxygen.
(ii) In any other flying machine (a) a supply of oxygen sufficient for continuous use by all the crew, and, if passengers are carried, by 10 per cent of the number of passengers, for any period exceeding 30 minutes during which the flying machine flies above flight level 100 but not above flight level 130; and (b) a supply of oxygen sufficient for continuous use by all persons on board for the whole time during which the flying machine flies above flight level 130, together with suitable and sufficient apparatus to enable such persons to use the oxygen.
(iii) The quantity of oxygen required for the purpose of complying with paragraphs (i) and (ii) of this Part of this Scale shall be computed in accordance with the information and instructions relating thereto specified in the operations manual relating to the aircraft pursuant to Part A of the Tenth Schedule to these Regulations.
143 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Part II Column 1 Column 2 Column 3 Column 4 Vertical displacement Capability of flying Period of supply of Persons for whom of the flying machine in machine to descend oxygen oxygen is to be relation to flight levels (where relevant) provided Above flight level 100 30 minutes or the period In addition to any specified at A passengers for hereunder whichever whom oxygen is is the greater.
provided as specified below, all the crew.
Above flight level 100 Flying machine is either 30 minutes or the 10 per cent of number but not above flight flying at or below flight period specified at A of passengers.
level 300.
level 150 or is capable hereunder whichever of descending and is the greater.
continuing to destination as specified at X hereunder.
10 minutes or the All passengers.
period specified at B hereunder whichever is the greater Flying machine is and in addition flying above flight level 150 and is not so capable.
30 minutes or the 10 per cent of number period specified at C of passengers.
hereunder whichever is the greater.
Above flight level 300 Flying machine is 30 minutes or the period 15 per cent of number but not above flight capable of specified at A of passengers.
level 350.
descending and hereunder whichever continuing to is the greater.
destination as specified at Y hereunder.
Flying machine is 10 minutes or the All passengers.
not so capable.
period specified at B hereunder whichever is the greater.
and in addition 30 minutes or the period 15 per cent of number specified at C of passengers.
hereunder whichever is the greater.
10 minutes or the All passengers.
period specified at B hereunder whichever is the greater.
Above flight level 350 and in addition 30 minutes or the 15 per cent of number period specified at C of passengers.
hereunder whichever is the greater.
[Issue 1] 144 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] A The whole period during which, after a failure to maintain a pressure greater than 700 millibars in the control compartment and in the compartments in which passengers are carried has occurred, the flying machine flies above flight level 100.
B The whole period during which, after failure to maintain such pressure has occurred, the flying machine flies above flight level 150.
C The whole period during which, after a failure to maintain such pressure has occurred, the flying machine flies above flight level 100 but not above flight level 150.
X The flying machine is capable, at the time when a failure to maintain such pressure occurs, of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within six minutes, and of continuing at or below that flight level to its place of intended destination or any other place at which a safe landing can be made.
Y The flying machine is capable, at the time when a failure to maintain such pressure occurs of descending in accordance with the emergency descent procedure specified in the relevant flight manual and without flying below the minimum altitudes for safe flight specified in the operations manual relating to the aircraft, to flight level 150 within four minutes and of continuing at or below that flight level to its place of intended destination or any other place at which a safe-landing can be made.
SCALE L Equipment to prevent the impairment through ice formation of the functioning of the controls, means of propulsion, lifting surfaces, windows or equipment of the aircraft so as to endanger the safety of the aircraft.
SCALE M Safety harness for every seat in use: Provided that in the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Director may permit a safety belt with one diagonal shoulder strap to be fitted if he is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.
SCALE N An intercommunication system for use by all members of the flight crew and including microphones, not of a hand-held type, for use by the pilot and flight engineer (if any).
SCALE OA radar set capable of giving warning to the pilot in command of the aircraft and to the co-pilot of the presence of cumulo-nimbus clouds and other potentially hazardous weather conditions: Provided that a flight may continue if the set becomes unserviceable (a) so as to give the warning only to one pilot, so long as the aircraft is flying only to the place at which it first becomes reasonably practicable for the set to be repaired; or (b) on take off, but the weather report or forecasts available to the commander of the aircraft indicate that cumulo-nimbus clouds or other potentially hazardous weather conditions which can be detected by the set when in working order are unlikely to be encountered on the intended route or any planned diversion therefrom or the commander has satisfied himself that any such weather conditions will be encountered in daylight and can be seen and avoided, and the aircraft is in either case operated throughout the flight in accordance with any relevant instructions given in the operations manual.
145 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] SCALE PA flight data recorder which is capable of recording, by reference to a time-scale, the following data (a) indicated air speed; (b) indicated altitude; (c) vertical acceleration; (d) magnetic heading; (e) pitch attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; (f) engine power, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded; (g) flap position; (h) roll attitude, if the equipment provided in the aeroplane is of such a nature as to enable this item to be recorded: Provided that any aeroplane having a maximum total weight authorized not exceeding 11,400 kg.
may be provided with (i) a flight data recorder capable of recording the data described in subparagraphs (a) to (h) of this Scale; or (ii) a four -channel cockpit voice recorder, In addition, on all flights by turbine-powered aeroplanes having a maximum total weight authorized exceeding 27,000 kg., a four channel cockpit voice recorder.
The flight data recorder and cockpit voice recorder referred to above shall be so constructed that the record would be likely to be preserved in the event of an accident to the aeroplane: Provided that an aeroplane shall not be required to carry the said equipment, if before take-off the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Director.
SCALE Q If the maximum total weight authorized of the flying machine exceeds 5,700 kg.
and it was first registered, whether in Kenya or elsewhere, on or after 1st June, 1965, a door between the flight crew compartment and any adjacent compartment to which passengers have access, which door shall be fitted with a lock or bolt capable of being worked from the flight crew compartment.
SCALE R (i) Equipment sufficient to protect the eyes, nose and mouth of the pilot in command of the aircraft from the effects of smoke and noxious gases for a period of not less than 15 minutes; and (ii) Portable equipment sufficient to protect the eyes, nose and mouth of one other member of the crew of the aircraft from the effects of smoke and noxious gases for a period of not less than 8 minutes; and (iii) Equipment sufficient to protect from the effects of smoke and noxious gases the eyes of all members of the flight crew of the aircraft whose eyes are not adequately protected by other equipment.
SCALE SA flight recording system comprising (i) in respect of aeroplanes having a maximum total weight authorized not exceeding 11,400 kg.
either a four-channel cockpit voice recorder or a flight [Issue 1] 146 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] data recorder capable of recording by reference to a time scale data from which the following information can be ascertained the flight path of the aeroplane; the attitude of the aeroplane; and the basic lift, thrust and drag forces acting upon the aeroplane; (ii) in respect of aeroplanes having a maximum total weight authorized exceeding 11,400 kg.
but not exceeding 27,000 kg.
a four-channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the information specified in paragraph (i) can be ascertained; (iii) in respect of aeroplanes having a maximum total weight authorized exceeding 27,000 kg.
four-channel cockpit voice recorder and a flight data recorder capable of recording by reference to a time scale data from which the following information can be established the flight path of the aeroplane; the attitude of the aeroplane; the basic lift, thrust and drag forces acting upon the aeroplane; the selection of high lift devices (if any) and airbrakes (if any); the position of primary flying control and pitch trim surfaces; cockpit warnings relating to engine fire and engine shut-down, cabin pressurization, presence of smoke and hydraulic/pneumatic power supply; outside air temperature; instrument landing system deviations; use made of automatic fight control system; radio altitude (if any); and the level of essential AC electric supply, The cockpit voice recorder or flight data recorder, as the case may be, shall be so constructed that the record would be likely to be preserved in the event of an accident: Provided that an aeroplane shall not be required to carry the said equipment if before take-off the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Director.
SCALE T An underwater sonar location device.
SCALE U (a) One survival beacon radio apparatus.
(b) Marine type pyrotechnical distress signals.
(c) For each four or proportion of four persons on board, 100 grammes of glucose toffee tablets.
(d) For each four or proportion of four persons on board, litre of fresh water in durable containers.
(e) First aid equipment.
SCALE V (a) One survival beacon radio apparatus.
(b) Marine type pyrotechnical distress signals.
147 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (c) For each four or proportion of four persons on board, 100 grammes of glucose toffee tablets.
(d) For each four or proportion of four persons on board, 1/2 litre of fresh water in durable containers.
(e) First aid equipment.
(f) For every 75 or proportion of 75 persons on board, one stove suitable for use with aircraft fuel.
(g) One cooking utensil, in which snow or ice can be melted.
(h) Two snow shovels.
(i) Two ice saws.
(j) Single or multiple sleeping-bags, sufficient for the use of one-third of all persons on board.
(k) One arctic suit for each member of the crew of the aircraft.
SCALE W Cosmic Radiation detection equipment calibrated in millirems per hour and capable of indicating the action and alert levels of radiation dose rate: Provided that an aircraft shall not be required to carry this equipment if before take- off the equipment is found to be unserviceable and it is not reasonably practicable to repair or replace it at the aerodrome of departure and the radiation forecast available to the commander of the aircraft indicates that hazardous radiation conditions are unlikely to be encountered by the aircraft on its intended route or any planned diversion therefrom.
SCALE X Equipment capable of giving warning to the pilot of the potentially hazardous proximity of ground or water: Provided that, it the equipment becomes unserviceable, the aircraft may fly or continue to fly until it first lands at a place at which it is reasonably practicable for the equipment to be repaired or replaced.
SCALE Y On flights beginning on or after 1st January, 1978 (i) if the aircraft has a total seating capacity of not less than 60 and not exceeding 149 passengers, one portable batter-powered megaphone capable of conveying instruction to all persons in the passenger compartment and readily available for use by a member of the crew.
(ii) if the aircraft has total seating capacity exceeding 149 passengers two portable batter-powered megaphones together capable of conveying instructions to all persons in the passenger compartment and readily available for use by a member of the crew.
SIXTH SCHEDULE [Regulation 13.] RADIO APPARATUS TO BE CARRIED IN AIRCRAFT 1.
Every aircraft registered in Kenya shall be provided, when flying in circumstances specified in the first column of the Table set forth in paragraph 2 of this Schedule, with the scales of equipment respectively indicated in that Table: Provided that, if the aircraft is flying in a combination of such circumstances, the scales of equipment shall not on that account be required to be duplicated.
[Issue 1] 148 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 2.
TABLE Aircraft and Circumstances of Flight Scale of Equipment Required ABCDE (1) All aircraft (a) when flying under Instrument Flight Rules or Visual Flight Rules.
A* (b) when flying under Instrument Flight Rules within controlled airspace.
AB (c) where required by the Rules of the Air and Air Traffic Control to comply in whole or in part with Instrument Flight Rules in Visual Meteorological * B* Conditions.
.
A (2) All aircraft when flying for the purpose of public transport (a) under Instrument Flight Rules; (i) while making an approach to landing.
ABCD (ii) on all other occasions.
ABC (b) under Visual Flight Rules; (i) over a route on which navigation is not effected solely by visual reference to landmarks.
AB (ii) over water, beyond gliding distance from any land.
A (3) All aircraft (other than gliders and helicopters) flying within controlled or advisory airspace in the Nairobi FIR or * above FL 145.
E * Unless the appropriate Air Traffic Control Unit otherwise permits in relation to the particular flight.
3.
The scales of radio apparatus indicated in the foregoing Table shall be as follows SCALE A Radio apparatus capable of maintaining two-way communication with the appropriate aeronautical radio station.
SCALE B Radio apparatus capable of enabling the aircraft to be navigated on the intended route.
SCALE C Radio apparatus capable of receiving from the appropriate aeronautical radio stations meteorological broadcast relevant to the intended flight.
149 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] SCALE D Radio apparatus capable of receiving signals from one or more aeronautical radio station 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.
SCALE E Such type of radio equipment as may be notified as being capable of (a) replying to an interrogation from a secondary surveillance radar unit on surface; and (b) being set in accordance with such instructions as may be given to the aircraft by the appropriate traffic control unit.
SEVENTH SCHEDULE [Regulation 14.] AIRCRAFT, ENGINE AND PROPELLER LOG-BOOKS 1.
Aircraft Log-book The following entries shall be included in the aircraft log-book (a) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of the construction of the aircraft; (b) the nationality and registration marks of the aircraft; (c) the name and address of the operator of the aircraft; (d) particulars of the date and duration of each flight, or, if more than one flight was made on one day, the number of flights and total duration of flights on that day; (e) particulars of all maintenance work carried out on the aircraft or its equipment; (f) particulars of any defects occurring in the aircraft or in any equipment required to be carried therein by or under these Regulations, and of the action taken to rectify such defects including a reference to the relevant entries in the technical log required by paragraphs (6) and (7) of regulation 9; (g) particular of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment: Provided that entries shall not be required to be made under subparagraphs (e), (f) and (g) in respect of any engine or variable pitch propeller.
2.
Engine Log-book The following entries shall be included in the engine log-book (a) the name of the constructor, the type of the engine, the number assigned to it by the constructor and the date of the construction of the engine; (b) the nationality and registration marks of each aircraft in which the engine is fitted; (c) the name and address of the operator of each aircraft; (d) particulars of the date and duration of each occasion of which the engine is run in flight, or, if the engine is run on more than one occasion on one day, the number of occasions and the total duration of the running of the engine on that day; (e) particulars of all maintenance work done on the engine; [Issue 1] 150 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (f) particulars of any defects occurring in the engine, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by paragraphs (6) and (7) of regulation 9; (g) particulars of all overhauls, repairs, replacements and modifications relating to the engine or any of its accessories.
3.
Variable Pitch Propeller Log-book The following entries shall be included in the variable pitch propeller log-book (a) the name of the constructor, the type of the propeller, the number assigned to it by the constructor and the date of the construction of the propeller; (b) the nationality and registration marks of each aircraft, and the type and number of each engine to which the propeller is fitted; (c) the name and address of the operator of each aircraft; (d) particulars of the date and duration of each occasion on which the propeller is run in flight, or, if the propeller is run on more than one occasion on one day, the number of occasions and the total duration of the running of the propeller on that day; (e) particulars of all maintenance work done on the propeller; (f) particulars of any defects occurring in the propeller, and of the rectification of such defects, including a reference to the relevant entries in the technical log required by paragraphs (6) and (7) of regulation 9; (g) particulars of any overhauls, repairs, replacements and modification relating to the propeller.
EIGHTH SCHEDULE [L.N.
138/2002, Regulation 19.] FLIGHT CREW OF AIRCRAFT: LICENCES AND RATINGS PART A-LICENCES Minimum-Age, Period of Validity, Privileges 1.
Student Pilots Student Pilots Licence (All Aircraft) Minimum age17 years.
Maximum period of validity (a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed: or (b) 12 months, if the holder is 40 years of age or more on that date.
Privileges The licence (a) shall entitle the holder to fly as pilot-in-command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilots licence; (b) shall be valid only for flights within Kenya; (c) shall not entitle the holder to fly as pilot-in-command of a an aircraft in which any person is carried; (d) shall be valid only for flights carried out in accordance with instructions given by a person holding a pilots licence granted under these Regulations, being a 151 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] licence which includes a flying instructors rating or an assistant flying instructors rating entitling him to give instruction in flying the type of aircraft to be flown.
2.
Aeroplane Pilots Private Pilots Licence (Aeroplanes) Minimum age17 years.
Maximum period of validity (a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or (b) 12 months, if the holder is 40 year of age or more on that date.
Privileges The licence (a) shall entitle the holder to fly as pilot-in-command or co-pilot of an aeroplane of any of the types specified in the aircraft rating included in the licence, when the aircraft is flying for any purpose other than public transport or aerial work; (b) shall not entitle the holder to act as pilot-in-command by night while carrying any passenger in the aircraft unless a night rating is included in the licence, and unless and instrument rating is included therein or he has within the immediately preceding six months carried out as pilot-in-command not less than five take-offs and five landings at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon.
Commercial Pilots Licence (Aeroplanes) Minimum age18 years.
Maximum period of validity (a) 12 months if the holder is less than 40 years of age on the date on which the licence is granted, or renewed; or (b) 6 months if the holder is 40 years of age or more on that date.
Privileges.In addition to the privileges given above for the Private Pilots Licence (Aeroplanes), the holder of the licence shall be entitled to fly as (a) pilot-in-command of any aeroplane of a type specified in Part I of the aircraft rating included in the licence, when the aeroplane is engaged in a flight for any purpose whatsoever: Provided that (i) he shall not, unless his licence includes an instrument rating, fly such an aeroplane on any scheduled journey; (ii) he shall not fly such an aeroplane at night on a flight in which any passenger is carried unless his licence includes an instrument rating or he has within the immediately preceding 90 days carried out as pilot-in- command not less than five takeoffs and five landings at a time when the depression of the centre of the sun was not less than 12 degrees below the horizon; (iii) he shall not, unless his licence includes an instrument rating, fly any such aeroplane of which the maximum total weight authorized exceeds 2,300 kg.
on any flight for the purpose of public transport, except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome; (iv) he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorized exceeds 5,700 kg.; [Issue 1] 152 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) co-pilot of any aeroplane of a type specified in Part I or II of such aircraft rating included in the licence, when the aeroplane is engaged in a flight for any purpose whatsoever.
Senior Commercial Pilots Licence (Aeroplanes) Minimum age21 years.
Maximum period of validity (a) 12 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or (b) 6 months if the holder is 40 years of age or more on that date.
Privileges.In addition to the privileges given above for the Private Pilots Licence (Aeroplanes), the holder of the licence shall be entitled to fly as (a) pilot-in-command of any aeroplane of a type specified in Part I of the aircraft rating included in the licence, when the aeroplane is engaged in a flight for any purpose whatsoever: Provided that (i) he shall not, unless his licence includes an instrument rating, fly such an aeroplane on any scheduled journey; (ii) he shall not fly such an aeroplane at night on a flight in which any passenger is carried unless his licence includes an instrument rating or he has within the immediately preceding 90 days carried out as pilot-in- command not less than five takeoffs and five landings at a time when the depression of the centre of the sun was not less than 12 degrees below the horizon; (iii) he shall not, unless his licence includes an instrument rating, fly any such aeroplane of which the maximum total weight authorized exceeds 2,300 kg.
on any flight for the purpose of public transport, except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome; (iv) he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorized exceeds 5,700 kg.; (b) co-pilot of any aeroplane of a type specified in Part I or II of such aircraft rating included in the licence, when the aircraft is engaged in a flight for any purpose whatsoever.
Airline Transport Pilots Licence (Aeroplanes) Minimum age21 years.
Maximum period of validity6 months.
Privileges.In addition to the privileges given above for the Private Pilots Licence (Aeroplanes) the holder of the licence shall be entitled to fly as (a) pilot-in-command of any aeroplane of a type specified in Part I of the aircraft rating included in the licence, when the aeroplane is engaged in a flight for the purpose of public transport or aerial work: Provided that (i) he shall not, unless his licence includes an instrument rating, fly such an aircraft on any scheduled journey; In respect of the privileges of a Private Pilots Licence the maximum period of validity shall be as given for that licence.
In respect of the privileges of a Private Pilots Licence the maximum period of validity shall be as given for that licence.
153 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (ii) he shall not fly such an aircraft on a flight carrying passengers at night unless an instrument rating is included in his licence or he has within the immediately preceding 90 days carried out as pilot-in-command not less than five take-offs and five landings at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon; (iii) he shall not, unless his licence includes an instrument rating, fly any such aircraft of which the maximum total weight authorized exceeds 2,300 kg.
on any flight for the purpose of public transport except a flight beginning and ending at the same aerodrome and not extending beyond 25 nautical miles from that aerodrome; (iv) he shall not at any time after he attains the age of 60 years fly such an aircraft on a flight for the purpose of public transport if its maximum total weight authorized exceeds 20,000 kg.; (b) co-pilot of any aeroplane of a type specified in Part I and Part II of such aircraft rating included in his licence, when the aeroplane is engaged in a flight for the purpose of public transport or aerial work.
3.
Helicopter Pilots Private Pilots Licence (Helicopters) Minimum age17 years.
Maximum period of validity (a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or (b) 12 months, if the holder is 40 years of age or more on that date.
Privileges.The holder of the licence shall be entitled to fly as a pilot-in-command or co-pilot of any type of helicopter specified in the aircraft rating included in the licence, when the aircraft is operated for purpose other than public transport or aerial work.
He may not fly as pilot-in-command of such flight at night when carrying passengers, unless his licence contains a night rating and he had, within the immediately preceding 90 days, carried out not less than five circuits and landings as pilot-in-command at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon.
Commercial Pilots Licence (Helicopters) Minimum age18 years.
Maximum period of validity (a) 12 months if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or (b) 6 months if the holder is 40 years of age or more on that date.
Privileges.In addition to the privileges given above for the Private Pilots Licence (Helicopters) the holder of the licence shall be entitled to fly as (a) pilot-in-command of any helicopter of which the total weight authorized does not exceed 5,700 kg.
and which is of a type specified in Part I of the aircraft rating included in the licence, when the helicopter is engaged on a flight for the purpose of public transport; (b) pilot-in-command of any helicopter of a type specified in Part I of the aircraft rating of the licence when the helicopter is engaged on a flight for the purpose of aerial work: Provided that he shall not fly as pilot-in-command on a flight at night carrying passengers unless he has within the immediately preceding 90 days carried [Issue 1] 154 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] out not less than five take-offs and five landings as pilot-in-command at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon; (c) co-pilot of any helicopter required to carry two pilots and of a type specified in Part I or Part II of such aircraft rating for purposes of public transport or aerial work.
Airline Transport Pilots Licence (Helicopters) Minimum age.21 years.
Maximum period of validity.6 months.
Privileges.In addition to the privileges given above for the Private Pilots Licence (Helicopters), the holder of the licence shall be entitled to fly as (a) pilot-in-command of any helicopter of a type specified in Part I of the aircraft rating included in the licence, when the aircraft is engaged on a flight for purposes of public transport or aerial work: Provided that he shall not fly as pilot-in-command on a flight at night carrying passengers unless he has within the immediately preceding 90 days carried out not less than five take-offs and five landings as pilot-in-command at a time when the depression of the centre of the sun is not less than 12 degrees below the horizon; (b) co-pilot of any helicopter required to carry two pilots and of a type specified in Part I or Part II of such aircraft rating included in the licence, for the purpose of public transport or aerial work.
Note.There is at present no instrument rating applicable to helicopters.
4.
Balloon and Airship Pilots Private Pilots Licence (Balloons and Airships) Minimum age.17 years.
Maximum period of validity (a) 24 months, if the holder is less than 40 years of age on the date on which the licence is granted or renewed; or (b) 12 months, if the holder is 40 years or more on that date.
Privileges.The holder of the licence shall be entitled to fly when the balloon or airship is flying for any purpose other than public transport or aerial work as (a) pilot-in-command of any type of balloon or airship specified in Part I of the aircraft type rating included in the licence; (b) co-pilot of any type of balloon or airship specified in Part I or Part II of such aircraft rating.
Commercial Pilots Licence (Balloons) Minimum age.18 years.
Maximum period of validity.6 months.
Privileges (a) The holder of the licence shall be entitled to exercise the privileges of a Private Pilots Licence (Balloon and Airships); and In respect of the privileges of a Private Pilots Licence the maximum period of validity shall be as given for that licence.
155 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) he shall be entitled to fly, when the balloon is flying for any purpose whatsoever, as pilot-in-command or co-pilot of any type of balloon specified in the aircraft rating included in the licence.
5.
Other Flight Crew Flight Navigators Licence Minimum age.21 years.
Maximum period of validity.12 months.
Privileges.The holder of the licence shall be entitled to act as flight navigator in any aircraft.
Flight Engineers Licence Minimum age.21 years.
Maximum period of validity.12 months.
Privileges.The holder of the licence shall be entitled to act as flight engineer in any type of aircraft specified in the aircraft rating included in the licence.
Flight Radiotelephony Operators Licence Minimum age.17 years.
Maximum period of validity.24 months.
Privileges.The holder of the licence shall be entitled to operate radiotelephony apparatus in any aircraft.
6.
Flight Operations Officer/Flight Dispatchers Licence (Aeroplanes) Minimum age21 years.
Maximum period of validity24 months.
Privileges.The holder of this licence shall be authorized, when employed in conjunction with a method of flight supervision, in accordance with an Air Operators Certificate issued by the Directorate of Civil Aviation, Kenya, to (a) assist the pilot-in-command in preparation and provide the relevant information required; (b) assist the pilot-in-command in preparing operational and Air Traffic Services (ATS) flight plans, sign when applicable and file the ATS flight plan with the appropriate ATS unit; (c) furnish the pilot-in-command 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, initiate such procedures as may be outlined in the operational manual: Provided that a flight operations officer or a flight dispatcher shall avoid taking any action that would conflict with the procedures established by the air traffic control officers, the meteorological service officers, and the communications service officers.
[L.N.
138/2002, s.2(b)] PART B RATINGS 1.
The following ratings may be included in a pilots licence (other than a student pilots licence) granted under Part IV of these Regulations and, subject to the provisions of these Regulations and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows [Issue 1] 156 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Aircraft Ratingthe licence shall entitle the holder to act as pilot only of aircraft of the types specified in the aircraft rating and different types of aircraft may be specified in respect of different privileges of a licence.
Instrument Rating (Aeroplanes) shall entitle the holder of the licence to act as pilot of an aeroplane flying in accordance with the Instrument Flight Rules: Provided that the holder shall not be so entitled unless the licence bears a certificate, signed by a person authorized by the Director for that purpose, indicating that the holder has, within the previous 13 months, passed an instrument flying test.
Night Rating (Private Pilots LicenceAeroplanes) shall entitle the holder of a private pilots licence to act as pilot in command of an aeroplane carrying passengers by night.
Night Rating (Private Pilots LicenceHelicopters) shall entitle the holder of a private pilots licence to act as pilot-in-command of a helicopter carrying passengers by night.
Flying Instructors Rating shall entitle the holder of the licence to give instruction in flying aircraft of such types as may be specified in the rating for that purpose.
The maximum period of validity of a flying instructors rating shall be 12 months.
Assistant Flying Instructors Rating shall entitle the holder of the licence to give instruction in flying aircrafts of such types as may be specified in the rating for that purpose: Provided that (a) except when the Director has given a direction in writing to the contrary, such instruction shall only be given under the supervision of a person present during the take-off and landing at the aerodrome at which the instruction is to begin and end and holding a pilots licence endorsed with a flying instructors rating; and (b) an assistant flying instructors rating shall not entitle the holder of the licence to give directions to the person undergoing instruction in respect of the performance by that person of (i) his first solo flight; or (ii) his first solo flight by night; or (iii) his first solo cross-country flight otherwise than by night; or (iv) his first solo cross-country flight by night.
The maximum period of validity of an assistant flying instructors rating shall be 12 months.
2.
An aircraft rating may be included in every flight engineers licence.
The licence shall entitle the holder to act as flight engineer only of aircraft of a type specified in the aircraft rating.
3.
For the purposes of this Schedule cross-country flight means any flight during the course of which the aircraft is more than 30 nautical miles from the aerodrome of departure.
solo flight means a flight on which the pilot of the aircraft is not accompanied by a person holding a pilots licence granted or rendered valid under these Regulations.
NINTH SCHEDULE [Regulation 61(2).] AIR TRAFFIC CONTROLLERS: RATINGS 1.
The holder of a licence which includes ratings of two or more of the classes specified in paragraph 2 of this Schedule shall not at any one time perform the function specified in respect of more than one of these ratings: 157 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Provided that the functions of any one of the following groups of ratings may be exercised at the same time (a) the Aerodrome Control Rating and the Approach Control Rating; (b) the Approach Control Rating and the Approach Radar Control Rating; except that the functions of the Approach Radar Control Rating if the service being provide under the latter is a surveillance radar approach terminating at a point less than two nautical miles from the point of intersection of the glide patch with the runway; (c) the Area Control Rating and the Area Radar Control Rating.
2.
Ratings of the following classes may be included in an air traffic controllers licence (other than a student air traffic controllers licence) granted under regulation 60 of these Rregulations and, subject to the provisions of this paragraph and of the licence, the inclusion of a rating in a licence shall have the consequences respectively specified as follows (a) Aerodrome Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft on the manoeuvering area or apron of that aerodrome or which is flying in the vicinity of the aerodrome traffic zone by visual reference to the surface.
(b) Approach Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft which is flying in the control zone or terminal control area of the aerodrome whether or not it is flying by visual reference to the surface.
(c) Approach Radar Control Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid for aircraft flying in circumstances specified in paragraph (b) of this paragraph.
(d) Area Control Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide air traffic control service (but not with any type of radar equipment for which a radar control rating is required under this paragraph) for any aircraft in flight within a flight information region, controlled airspace or within airspace which has been notified as an advisory area or an advisory route.
(e) Area Radar Control Rating shall entitle the holder of the licence, at any place for which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid.
TENTH SCHEDULE [Regulatiions 24, 25, 27, 28 and 48.] PUBLIC TRANSPORT OPERATIONAL REQUIREMENTS PART A OPERATIONS MANUAL Information and instructions relating to the following matters shall be included in the operations manual referred to in paragraph (2) of regulation 24 (i) instructions outlining the responsibilities of operating staff relating to the conduct of flight operations; [Issue 1] 158 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (ii) the number of the flight crew to be carried in the aircraft on each stage of the route to be flown, and the respective capacities in which they are to act, including instructions as to the persons to be in command of the aircraft and as to the order and circumstances in which such command should be assumed by other persons; (iii) emergency flight procedures, including procedures for the instruction of passengers in the position and use of emergency equipment; (iv) (a) in respect of a flight on a scheduled journey the minimum altitudes for safe flight on each stage of the route to be flown and any planned diversion therefrom; (b) in respect of a flight other than on a scheduled journey, information as to the basis on which the minimum altitudes for safe flight should be calculated.
For a route which is in frequent use the minimum altitudes for safe flight on each stage of the route should be stated; (v) the circumstances in which a radio watch must be maintained; (vi) a list of the navigational equipment to be carried in the aircraft; (vii) instructions as to the manner of computing and recording the quantities of fuel and oil to be carried and consumed by the aircraft on each stage of the route to be flown.
Such instructions shall take account of all circumstances likely to be encountered on the flight including the possibility of failure of one or more of the aircraft engines whilst en route; (viii) the conditions under which oxygen is to be used by the crew and passengers; (ix) the aeronautical information publication of the Directorate of Civil Aviation which shall be deemed an integral part of the operations manual; (x) weather minima (as specified in Part D of this Schedule) appropriate to the aircraft and any aid to be used for the aerodrome of departure, for the aerodrome of intended landing and for each alternate aerodrome; (xi) the particulars referred to in paragraph (7) of regulation 47; (xii) such technical information not already contained in a flight manual available to the flight crew concerning the aircraft, its engines and equipment as may be necessary to enable them to perform their respective duties; (xiii) the reporting in flight to the appropriate authorities of information relating to hazardous and other weather conditions experienced; and (xiv) the check system to be followed by the crew of the aircraft prior to and on take-off or landing and in emergency so as to ensure that the operating procedures contained in the operations manual and in the flight manual or performance schedule relevant to the aircraft are complied with.
PART B CREW TRAINING AND TESTS 1.
The training, experience, practice and periodical tests required under paragraph (2) of regulation 25 in the case of members of the crew of an aircraft engaged on a flight for the purpose of public transport shall be as follows The Crew (1) Every member of the crew shall (a) have been tested within the relevant period by or on behalf of the operator as to his knowledge of the use of the emergency and life-saving equipment required to be carried in the aircraft on the flight; and (b) have practised within the relevant period, under the supervision of the operator or of a person appointed by him for the purpose, the carrying out of the duties 159 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] required by him in case of an emergency occurring to the aircraft, either in an aircraft of the type to be used on the flight or in apparatus approved by the Director for the purpose and controlled by persons so approved.
Pilots (2) (a) Every pilot included in the flight crew who is intended by the operator to fly as pilot in conditions requiring compliance with Instrument Flight Rules (which conditions are hereafter in this Schedule referred to as IMC) shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in an aircraft of the type to be used on this flight, including a test of his ability (i) to execute normal and emergency manoeuvres and procedures in flight in such aircraft in IMC, actual or simulated; and (ii) to use in IMC, actual or simulated, the instruments and equipment provided for use in such conditions in the aircraft to be used on the flight, A pilots ability to carry out normal manoeuvres and procedures shall be tested in the aircraft in flight.
The other tests required by this subparagraph may be conducted either inthe aircraft in flight, or under the supervision of a person approved by the Director for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground.
(b) Every pilot included in the flight crew whose licence does not include an instrument rating or who, notwithstanding the inclusion of such a rating in his licence, is not intended by the operator to fly as pilot in IMC, shall within the relevant period have been tested, by or on behalf of the operator, in flight in an aircraft of the type to be used on the flight as to his competence to act as pilot thereof, including a test of his ability to execute normal and emergency manoeuvres and procedures.
Flight Engineers (3) Every flight engineer included in the flight crew shall within the relevant period have been tested by or on behalf of the operator, either in flight, or, under the supervision of a person approved by the Director for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground, as to his competence to perform the duties of flight engineer in aircraft of the type to be used on the flight, including his ability to execute emergency procedures in the course of such duties.
Flight Navigators and Flight Radio Operators (4) Every flight navigator and flight radio operator whose inclusion in the flight crew is required under paragraphs (4) and (6) respectively of regulation 17 shall within the relevant period have been tested by or on behalf of the operator as to his competence to perform his duties in conditions corresponding to those likely to be encountered on the flight (a) in the case of a flight navigator, using equipment of the type to be used in the aircraft on the flight for purposes of navigation; (b) in the case of a flight radio operator, using radio equipment of the type installed in the aircraft to be used on the flight, and including a test of his ability to carry out emergency procedures.
Aircraft Commanders (5) (a) The pilot designated as commander of the aircraft for the flight shall within the relevant period (i) have demonstrated to the satisfaction of the operator that he has adequate knowledge of the route to be taken or, in the case of non-scheduled journeys, the area in which it is intended to operate, the aerodromes of take-off and landing, and any alternate aerodromes, including in particular his knowledge of the terrain; [Issue 1] 160 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] the seasonal meteorological conditions; the meteorological communications, and air traffic facilities, services and procedures; the search and rescue procedures; and the navigational facilities, relevant to the route or area; (ii) have been tested as to his proficiency in using instrument approach-to-land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in IMC or IMC simulated by means approved by the Director, or under the supervision of a person approved by the Director for the purpose, by means of apparatus so approved in which flight conditions are simulated on the ground; (iii) have carried out as pilot in command not less than three take-offs and three landings in aircraft of the type to be used on the flight.
(b) In determining whether a pilots knowledge of the matters referred to in subparagraph (a)(i) is sufficient to render him competent to perform the duties of aircraft commander on the flight, the operator shall take into account the pilots flying experience in conjunction with the following (i) the experience of other members of the intended flight crew; (ii) the influence of terrain and obstructions on departure and approach procedures at the aerodromes of take-off and intended landing and at alternate aerodromes; (iii) the similarity of the instrument approach procedures and let-down aids to those with which the pilot is familiar; (iv) the dimensions of runways which may be used in the course of the flight in relation to the performance limits of aircraft of the type to be used on the flight; (v) the reliability of meteorological forecasts and the probability of difficult meteorological conditions in the area to be traversed; (vi) the adequacy of the information available regarding the aerodrome of intended landing and any alternate aerodromes; (vii) the nature of air traffic control procedures and familiarity of the pilot with such procedures; (viii) the influence of terrain on route conditions and the extent of the assistance obtainable en-route from navigational aids and air-to-ground communication facilities; (ix) the extent to which it is possible for the pilot to become familiar with unusual aerodrome procedures and features of the route by means of ground instruction and training devices.
(6) For the purposes of this Schedule, the expression relevant period means a period which immediately precedes the commencement of the flight, being a period (a) in the case of subparagraph (5)(a)(iii) of this paragraph, of three months; (b) in the case of subparagraphs (2), (3) and (5)(a)(ii), of six months; (c) in the case of subparagraphs (1), (4) and (5)(a)(i), twelve months: Provided that (i) any pilot of the aircraft to whom the provisions of subparagraph (2) or (5)(a)(ii) and any flight engineer of the aircraft to whom the provisions of subparagraph (3) shall apply, for the purposes of the flight, be deemed to have complied with such requirements respectively within the relevant period if he has qualified to perform his duties in 161 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] accordance therewith on two occasions within the period of thirteen months immediately preceding the flight, such occasions being separated by an interval of not less than four months; (ii) the requirements of subparagraph (5)(a)(i) shall be deemed to have been complied with within the relevant period by a pilot designated as commander of the aircraft for the flight if, having become qualified so to act on flights between the same places over the same route more than thirteen months before commencement of the flight, he has within the period of thirteen months immediately preceding the flight flown as pilot of an aircraft between those places over that route.
2.
(1) The records required to be maintained by an operator under paragraph (2) of regulation 25 shall be accurate and up-to-date records so kept as to show, on any date, in relation to each person who has during the period of two years immediately preceding that date, flown as a member of the crew of any public transport aircraft operated by the operator (a) the date and particulars of each test required by this Schedule undergone by that person during the said period including the name and qualifications of the examiner; (b) the date upon which that person last practised the carrying out of the duties referred to in paragraph 1(1)(b) of this Schedule; (c) the operators conclusions based on each such test and practice as to that persons competence to perform his duties; (d) the date and particulars of any decision taken by the operator during the said period in pursuance of paragraph 1(5)(a)(i) of this Schedule including particulars of the evidence upon which that decision was based.
(2) The operator shall whenever called upon to do so by any authorized person produce for the inspection of any person so authorised all records referred to in the preceding sub-paragraph and furnish to any such person all such information as he may require in connection with any such records and produce for his inspection all log-books, certificates, papers and other documents whatsoever which he may reasonably require to see for the purpose of determining whether such records are complete or of verifying the accuracy of their contents.
(3) The operator shall at the request of any person in respect of whom he is required to keep records as aforesaid furnish to that person, or to any operator of aircraft for the purpose of public transport by whom that person may subsequently be employed, particulars of any qualifications in accordance with this Schedule obtained by such person whilst in his service.
PART C WEIGHT AND PERFORMANCE 1.
(1) In assessing the ability of an aeroplane to comply with condition (7) in paragraph 2, conditions (4) and (5) of paragraph 3, and conditions (2) of(i)(b) and (2)(ii) of paragraph 3, account may be taken of any reduction of the weight of the aeroplane which may be achieved after the failure of a power unit by such jettisoning of fuel as is feasible and prudent in the circumstances of the flight and in accordance with the flight manual included in the certificate of airworthiness relating to the aircraft.
(2) In this Part, unless the context otherwise requires altitude means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level; specified in relation to an aircraft means specified in, or ascertainable by reference to (a) the certificate of airworthiness in force under these Regulations in respect of that aircraft; or [Issue 1] 162 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) the flight manual or performance schedule included in that certificate; or (c) the approved operations manual, or other document, whatever its title, incorporated by reference in that certificate; the emergency distance available means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the aeroplane cannot roll over the surface of the aerodrome and be brought to rest in an emergency without risk of accident; the landing distance available means the distance from the point on the surface of the aerodrome above which the aeroplane can commence its landing, having regard to the obstructions in its approach path, to the nearest point in the direction of landing at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions or at which there is an obstacle capable of affecting the safety of the aeroplane; the take-off distance available means either the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest obstacle in the direction of take-off projecting above the surface of the aerodrome and capable of affecting the safety of the aeroplane or one and one-half times the take-off run available, whichever is the less; the take-off run available means the distance from the point on the surface of the aerodrome at which the aeroplane can commence its take-off run to the nearest point in the direction of take-off at which the surface of the aerodrome is incapable of bearing the weight of the aeroplane under normal operating conditions.
(3) For the purposes of this Part (a) the weight of the aeroplane at the commencement of the take-off run shall be taken to be its gross weight including everything and everyone carried in or on it at the commencement of the take-off run; (b) the landing weight of the aeroplane shall be taken to be the weight of the aeroplane at the estimated time of landing allowing for the weight of the fuel and oil expected to be used on the flight to the aerodrome at which it is intended to land or alternate aerodrome, as the case may be; (c) where any distance referred to in subparagraph (2) of this paragraph has been declared in respect of any aerodrome by the authority responsible for regulating air navigation over the territory of the Contracting State in which the aerodrome is situate, and in the case of an aerodrome in Kenya notified, that distance shall be deemed to be the relevant distance.
(4) Nothing in this Part, shall apply to any aircraft flying solely for the purpose of training persons to perform duties in aircraft.
Weight and Performance of Public Transport Aeroplanes having no Performance Group Classification in their Certificates of Airworthiness 2.
An aeroplane registered in Kenya in respect of which there is in force under these Regulations a certificate of airworthiness which does not include a performance group classification shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that such of the following conditions as apply to that aircraft are satisfied Conditions (1) and (2) apply to all aeroplanes to which paragraph 2 applies.
163 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Conditions (3) to (9) apply to all aeroplanes to which paragraph 2 applies (i) of which the specified maximum total weight authorised exceeds 5,700 kg.; or (ii) of which the specified maximum total weight authorized does not exceed 5,700 kg.
and which comply with neither condition (1)(a) nor condition (1)(b).
Conditions (10) to (17) inclusive apply to all aeroplanes to which paragraph 2 applies, of which the specified maximum total weight authorized does not exceed 5,700 kg., and which comply with conditions (1)(a) or condition (1) (b) or with both those conditions.
All Aeroplanes (1) Either (a) the wing loading of the aeroplane does not exceed 3.3 kg.
per square metee; or (b) the stalling speed of the aeroplane in the landing configuration does not exceed 60 knots; or (c) the aeroplane, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, is capable of a gradient of climb of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.
(2) The weight of the aeroplane at the commencement of the take-off run does not exceed (i) the maximum take-off weight, if any, specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made; or (ii) the weight, ascertained as the result of flight tests undertaken by the Director, which may be approved from time to time having regard to the characteristics of the aerodrome.
Aeroplanes of a Special Maximum Total Weight Authorized Exceeding 5,700 kg.
and Aeroplanes of a Specified Maximum Total Weight Authorized not Exceeding 5,700 kg.
which comply with neither Condition (1)(a) nor Condition (1)(b) (3) (a) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, does not exceed the take-off run available at the aerodrome at which the take-off is to be made.
(b) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of either 1.33 for aeroplanes having two power units or by a factor of 1.18 for aeroplanes having four power units, does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.
(c) For the purposes of subparagraphs (a) and (b) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the air temperature at the aerodrome; (iv) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available respectively; and (v) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off.
[Issue 1] 164 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (4) (a) The take-off flight path with one power unit inoperative and the remaining power unit or units operating within the maximum take-off power conditions specified appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the air temperature at the aerodrome; (iv) not more than 50 per cent of the reported wind component opposite by the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, and plotted from a point 50 feet above the end of the appropriate factored distance required for take-off under condition (3)(b) at the aerodrome at which the take-off is to bemade, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet except that if it is intended that an aeroplane shall change its direction by more than 15 the vertical interval shall be not less than 50 feet during the change of direction.
(b) For the purpose of subparagraph (4) (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed (i) when the take-off flight path is to be conducted in instrument meteorological conditions (aa) a distance of 61 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available, measured along the intended line of flight; or (bb) 1,525 metres, whichever is the less; (ii) when the take-off flight path is to be conducted in visual meteorological conditions (aa) 61 metres plus half the wing span of the aeroplane.
(c) In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15: Provided that condition (4) shall not apply at those aerodromes where (i) adequate survey information is not available; and (ii) flight tests; undertaken and approved by the Director show that safe operation can be carried out by conforming to a specified visual procedure.
(5) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight either (a) at or above the minimum flight levels notified for the route, area or zone concerned; or (b) clearing all obstacles within 10 nautical miles either side of the intended track by a vertical interval of at least (i) 1,000 feet when the gradient of the flight path is not less than zero; or (ii) 2,000 feet when the gradient of the flight path is less than zero, so as to reach an aerodrome at which it can comply with condition (9) at a suitable height for landing.
(6) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or on any planned diversion therefrom be capable of climbing at a 165 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitude (a) the minimum altitudes for safe flight on each stage of the route to be flown or of any planned diversion therefrom specified in, or calculated from the information contained in, the operations manual relating to the aeroplane, and (b) the minimum altitudes necessary for compliance with conditions (5) and (7), as appropriate.
(7) If, on the route to be flown or any planned diversion therefrom, the aeroplane will be engaged in a flight over water during which at any point it may be more than 90 minutes flying time in still air from the nearest shore, it will in the event of two power units becoming inoperative during such time and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight having regard to the meteorological conditions expected for the flight, clearing all obstacles within 16 kilometres either side of the intended track by vertical interval of at least 1,000 feet, to an aerodrome at which a safe landing can be made.
(8) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(9) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent of the landing distance available on (i) the most suitable runway for a landing in still air conditions; and (ii) the runway that may be required for landing because of the forecast wind conditions, the distance required to land from a height of 50 feet being taken to be that appropriate to (a) the landing weight; (b) the altitude at the aerodrome; (c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome; (d) (i) a level surface in the case of runways usable in both directions; (ii) the average slope of the runway in the case of runways usable in only one direction; and (e) (i) still air conditions in the case of the most suitable runway for a landing in still air conditions; (ii) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Aeroplanes of a Specified Maximum Total Weight Authorized not Exceeding 5,700 kg.
and which Comply with Either Condition (1)(a) or Condition (1)(b) or with both those Conditions (10) If the aeroplane is engaged in a flight at night, or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination or at any alternate aerodrome are less than 500 feet and 5 kilometres respectively, it will, with any one of its power units inoperative and the remaining power unit or units operating within the maximum continuous power conditions specified, be capable of maintaining an altitude 1,000 feet above all obstacles within 16 kilometres of the relevant aerodromes.
[Issue 1] 166 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (11) (a) The distance required by the aeroplane to attain a height of 50 feet with all power units operating within the maximum take-off power conditions specified; does not exceed the take-off run available at the aerodrome at which the take-off is to be made.
(b) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of 1.33 does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.
(c) For the purposes of subparagraphs (a) and (b) the distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or if greater, the air temperature at the aerodrome less 15 centigrade; (iv) the slope of the surface of the aerodrome in the direction of take-off over the take-off run available and the emergency distance available, respectively; and (v) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off.
(12) The take-off flight path, with all power units operating within the maximum take- off power conditions specified, appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome, or, if greater, the air temperature at the aerodrome less 15 centigrade; and (iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, and plotted from a point 50 feet above the end of the factored distance required for take- off under condition (11)(b), at the aerodrome at which the take-off is to be made, shows that the aeroplane will clear any obstacle lying within 200 feet plus half the wing span of the aeroplane on either side of its path by a vertical interval of at least 35 feet.
In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than a radius of steady turn corresponding to an angle of bank of 15: Provided that condition (12) shall not apply at those aerodromes where (a) adequate survey information is not available; and (b) flight tests, undertaken and approved by the Director, show that safe operation can be carried out by conforming to a special visual procedure.
(13) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power unit or units, if any, operating within the maximum continuous power conditions specified, be capable of continuing the flight so as to reach a point above a place at which a safe landing can be made at a suitable height for such landing.
(14) The aeroplane will, in the meteorological conditions expected for the flight, at any point on its route or any planned diversion therefrom, be capable of climbing at a gradient of at least 1 in 50, with all power units operating within the maximum continuous power conditions specified, at the following altitudes 167 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (a) the minimum altitudes for safe flight specified on each stage of the route to be flown or on any planned diversion therefrom specified in, or calculated from, the information contained in the operations manual relating to the aeroplane; and (b) the minimum altitudes necessary for compliance with condition (13).
(15) If on the route to be flown or any planned diversion therefrom the aeroplane will be engaged in a flight over water during which at any point it may be more than 30 minutes flying time in still air from the nearest shore, it will, in the event of one power unit becoming inoperative during such time and with the other power unit or units operating within the maximum continuous power conditions specified, be capable of climbing at a gradient of at least 1 in 200 at an altitude of 5,000 feet in the specified international standard atmosphere.
(16) The landing weight of the aeroplane will not exceed the maximum landing weight, if any, specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(17) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent, or, if a visual approach and landing will be possible in the meteorological conditions forecast for the estimated time of landing, 80 per cent, of the landing distance available on (i) the most suitable runway for a landing in still air conditions; and (ii) the runway that may be required for landing because of the forecast wind conditions, the distance required to land from a height of 50 feet being taken to be that appropriate to (a) the landing weight; (b) the altitude at the aerodrome; (c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome; (d) (i) a level surface in the case of runways usable in both directions; (ii) the average slope of runway in the case of runways usable in only one direction; and (e) (i) still air conditions in the case of the most suitable runway for a landing in still air conditions; (ii) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group A in their Certificates of Airworthiness 3.
An aeroplane registered in Kenya in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group A shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied [Issue 1] 168 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (1) The weight does not exceed the maximum take-off weight for altitude and temperature specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made.
(2) The take-off run, take-off distance and the emergency distance respectively required for take-off, specified as being appropriate to (a) the weight of the aeroplane at the commencement of the take-off run; (b) the altitude at the aerodrome; (c) the air temperature at the aerodrome; (d) the slope of the surface of the aerodrome in the direction of the take-off over the take-off run available, the take-off distance available and the emergency distance available, respectively; (e) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off; and (f) the condition of the surface of the runway from which the take-off will be made, do not exceed the take-off run, the take-off distance and the emergency distance available, respectively, at the aerodrome at which the take-off is to be made; in ascertaining the emergency distance required, the point at which the pilot is assumed to decide to discontinue the take-off shall not be nearer to the start of the take-off run than the point at which, in ascertaining the take-off run required and the take-off distance required, he is assumed to decide to continue the take-off, in the event of power unit failure.
(3) (a) The net take-off flight path with one power unit inoperative, specified as being appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the air temperature at the aerodrome; and (iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, and plotted from a point 35 feet or 50 feet, as appropriate, above the end of the take-off distance required at the aerodrome at which the take-off is to be made to a height of 1,500 feet above the aerodrome, shows that the aeroplane will clear any obstacle in its path by a vertical interval of at least 35 feet, except that if it is intended that the aeroplane shall change its direction of flight by more than 15 the vertical interval shall not be less than 50 feet during the change of direction.
(b) For the purpose of subparagraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed (i) when the take-off flight path is to be conducted in instrument meteorological conditions (aa) a distance of 61 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight of the aeroplane; or (bb) 1,525 metres, whichever is less; (ii) when the take-off flight path is to be conducted in visual meteorological conditions (aa) a distance of 61 metres plus half the wing span of the aeroplane.
169 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (c) In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn specified.
(4) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom and with the other power units or unit operating within the maximum continuous power conditions specified, be capable of continuing the flight, clearing by a vertical interval of at least 2,000 feet obstacles within 8 kilometres either side of the intended track, to an aerodrome at which it can comply with condition (7) in this paragraph relating to an alternate aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with one power unit inoperative shall not be less than zero at 1,500 feet above the aerodrome; and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.
(5) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any two power units becoming inoperative at any point along the route or on any planned diversion therefrom more than 90 minutes flying time in still air (assuming all power units to be operating at economical cruising speed) from the nearest aerodrome at which it can comply with condition (7) in this paragraph; relating to an alternate aerodrome, be capable of continuing the flight with all other power units operating within the specified maximum continuous power conditions, clearing by a vertical interval of at least 2,000 feet obstacles within 8 kilometres either side of the intended track to such an aerodrome, and on arrival over such aerodrome the gradient of the specified net flight path with two power units inoperative shall not be less than zero at 1,500 feet above the aerodrome, and in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at an altitude exceeding the specified maximum permissible altitude for power unit restarting.
(6) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(7) (a) The landing distances required, respectively specified as being appropriate to aerodromes of destination and alternate aerodromes, do not exceed at the aerodrome which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on (i) the most suitable runway for a landing in still air conditions; and (ii) the runway that may be required for landing because of the forecast wind conditions: Provided that if an alternate aerodrome is designated in the flight plan, the specified landing distance required may be that appropriate to an alternate aerodrome when assessing the ability of the aeroplane to satisfy this condition at the aerodrome of destination in respect of the runway that may be required for landing because of the forecast wind conditions.
(b) For the purposes of subparagraph (a) the landing distance required shall be that specified as being appropriate to (i) the landing weight; (ii) the altitude at the aerodrome; (iii) the temperature in the specified international standard atmosphere appropriate to altitude at the aerodrome; (iv) (aa) a level surface in the case of runways usable in both directions; (bb) the average slope of the runway in the case of runways in only one direction; and [Issue 1] 170 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (v) (aa) still air conditions in the case of the most suitable runway for landing in still air conditions; (bb) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group C in their Certificates of Airworthiness 4.
An aeroplane registered in Kenya in respect of which there is in force under this regulation a certificate of airworthiness in which the aeroplane is designated as being of performance group C shall not fly for the purpose of public transport unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied (1) That weight does not exceed the maximum take-off weight specified for the altitude and the air temperature at the aerodrome at which the take-off is to be made.
(2) The take-off run required and the take-off distance required, specified as being appropriate to (a) the weight of the aeroplane at the commencement of the take-off run; (b) the altitude of the aerodrome; (c) the air temperature at the aerodrome; (d) the average slope of the surface of the aerodrome in the direction of take-off over the emergency distance available; and (e) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, do not exceed the take-off run available and the emergency distance available, respectively, at the aerodrome at which the take-off is to be made.
(3) (a) Subject to condition (3) of this Schedule, the net take-off flight path with all power units operating specified as being appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude of the aerodrome; (iii) the air temperature at the aerodrome; (iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, and plotted from a point 50 feet above the end of the take-off distance required at the aerodrome at which the take-off is to be made to a height of 1,500 feet above the aerodrome shows that the aeroplane will clear any obstacle in its path by a vertical interval of not less than 35 feet; and if it is intended that the aeroplane shall change its direction of flight by more than 15 before reaching 1,500 feet the vertical interval shall be not less than 50 feet while the aircraft is changing direction.
(b) For the purpose of subparagraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed 75 metres.
(c) In assessing the ability of the aeroplane to satisfy this condition, it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.
171 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (4) (a) In the case of an aeroplane which is intended to be flown for any period before reaching a height of 1,500 feet above the aerodrome from which the take-off is to be made in conditions which will not ensure that any obstacles can be located by means of visual observation, the net take-off flight path with one power unit inoperative specified as being appropriate to the factors contained in subparagraphs (i) to (iv) of condition 3 (a) in this Schedule and plotted from the point on the net take-off flight with all power units operating specified as being appropriate to those factors at which in the meteorological conditions expected for the flight the loss of visual reference would occur, shows that the aeroplane will clear by a vertical interval of not less than 35 feet any obstacle in its path; and if it is intended that the aeroplane shall change its direction of flight by more than 15 the vertical interval shall not be less than 50 feet during the change of direction.
(b) For the purpose of subparagraph (a) an obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight of the aeroplane does not exceed (i) 75 metres plus one eighth of the distance from such point to the end of the emergency distance available measured along the intended line of flight of the aeroplane; or (ii) 1,525 metres, whichever is the less.
(c) In assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to make a change of direction of a radius less than the specified radius of steady turn.
(5) The aeroplane at any time after it reaches a height of 1,500 feet above the aerodrome from which the take-off is made will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operation manual relating to the aeroplane to a point 1,500 feet above an aerodrome at which a safe landing can be made and after arrival at that point be capable of maintaining that height: Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route at an altitude exceeding the performance ceiling, with all power units operating, specified as being appropriate to its estimated weight at that point.
(6) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land at any alternate aerodrome.
(7) Subject to condition (8) of this Schedule, the distance required by the aeroplane to land from a height of 50 feet otherwise than in accordance with specified data for short field landing does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 20 per cent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the runway that may be required for landing because of the forecast wind conditions; and for the purposes of this condition the distance required to land from height of 50 feet shall be taken to be that specified as being appropriate to (a) the landing weight; (b) the altitude at the aerodrome; (c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome; [Issue 1] 172 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (d) (i) a level surface in the case of runways usable in both directions; (ii) the average slope of the runway in the case of runways usable in one direction; and (e) (i) still air conditions in the case of the most suitable runway for landing in still air conditions; (ii) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
(8) As an alternative to condition (7) of this Schedule, the distance required by the aeroplane, with all power units operating and with one power unit inoperative, to land in accordance with specified data for short field landing, does not at the aerodrome of intended destination and at any alternate aerodrome exceed the landing distance available on the most suitable runway for a landing in still air conditions and on the runway that may be required for landing because of the forecast wind conditions; and for the purpose of this condition the distance required to land from the appropriate heights shall be taken to be that specified as being appropriate to the factors set forth in subparagraphs (a) to (e) of condition (7) of this Schedule and the appropriate height shall be (a) for a landing with all power units operating any height between 30 and 50 feet in Kenya, and 50 feet elsewhere; and (b) for a landing with one power unit inoperative 50 feet in Kenya and elsewhere: Provided that (i) if the specified distance required to land with one power unit inoperative from a height of 50 feet at the aerodrome of intended destination exceeds the landing distance available, it shall be sufficient compliance with subparagraph (b) of this condition if an alternate aerodrome which has available the specified landing distance required to land with one power unit inoperative from such a height, is designated in the flight plan; (ii) the distance required by the aeroplane to land shall be determined in accordance with condition (7) and not in accordance with this condition if it is intended to land at night, or when the cloud ceiling or ground visibility forecast for the estimated time of landing at the aerodrome of intended destination and at any alternate aerodrome at which it is intended to land in accordance with specified data for short field landing with all power units operating, are less than 500 feet and 16 kilometres respectively.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group D in their Certificate of Airworthiness 5.
(1) An aeroplane registered in Kenya in respect of which there is in force under these Regulations a certificate of airworthiness in which the aeroplane is designated as being of performance group D shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land at any alternate aerodrome are less than 1,000 feet and 16 kilometres respectively and shall not fly for the purpose of public transport at any other time unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied (1) That weight does not exceed the maximum take-off weight specified for the altitude and air temperature at the aerodrome at which the take-off is to be made.
173 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (2) The take-off run required and the take-off distance required specified as, being appropriate to (a) the weight of the aeroplane at the commencement of the take-off run; (b) the altitude of the aerodrome; (c) the air temperature at the aerodrome; (d) the average slope of the surface of the aerodrome in the direction of take-off over the emergency distance available; and (e) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, do not exceed the take-off run available and the emergency distance available, respectively, at the aerodrome at which the take-off is to be made.
(3) An aeroplane designated as an aeroplane of performance group D shall not fly for the purpose of public transport at night or when the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome are less than 1,000 feet and 1.6 kilometres respectively: Provided that the foregoing prohibition shall not apply if the aeroplane is capable, in the en route configuration and with one power unit inoperative, of a rate of climb of 150 feet per minute.
(4) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome.
(5) The distance required by the aeroplane to land from a height of 50 feet does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent of the landing distance available on the most suitable runway for a landing in still air conditions, and on the landing because of the forecast wind conditions; and for the purposes of runway that may be required for this condition the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to (a) the landing weight; (b) the altitude at the aerodrome; (c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome; (d) (i) a level surface in the case of runways usable in both directions; (ii) the average slope of the runway in the case of runways usable in only one direction; and (e) (i) still air conditions in the case of the most suitable runway for a landing in still air conditions; (ii) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group E in their Certificates of Airworthiness 6.
An aeroplane registered in Kenya in respect of which there is in force under this Regulation a certificate of airworthiness in which the aeroplane is designated as being of performance group E shall not fly for the purpose of public transport unless the weight of [Issue 1] 174 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied (a) That weight for the altitude and the air temperature at the aerodrome at which the take-off is to be made does not exceed the maximum take-off weight specified as being appropriate to (i) the weight at which the aeroplane is capable in the en route configuration and with all power units operating within the specified maximum continuous power conditions, of a rate of climb of 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and (ii) the weight at which the aeroplane is capable, in the en route configuration and if it is necessary for it to be flown solely by reference to instruments for any period before reaching the minimum altitude for safe flight on the first stage of the route to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and, with one power unit inoperative of a rate of climb of 150 feet per minute.
(b) The distance required by the aeroplane to attain a height of 50 feet, with all power units operating within the maximum take-off power conditions specified, when multiplied by a factor of 1.33 does not exceed the emergency distance available at the aerodrome at which the take-off is to be made.
The distance required by the aeroplane to attain a height of 50 feet shall be that appropriate to (i) the weight of the aeroplane at the commencement of take-off run; (ii) the altitude at the aerodrome; (iii) the air temperature at the aerodrome; and (iv) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off.
(c) The aeroplane will, in the meteorological conditions expected for the flight, in the event of any one power unit becoming inoperative at any point on its route or on any planned diversion therefrom, and with the other power unit or power units, if any, operating within the specified maximum continuous power conditions, be capable of continuing the flight at altitudes not less than the relevant minimum altitude for safe flight stated in, or calculated from the information contained in, the operations manual to a point 1,000 feet above a place at which a safe landing can be made: Provided that in assessing the ability of the aeroplane to satisfy this condition it shall not be assumed to be capable of flying at any point on its route or on any planned diversion therefrom at an altitude exceeding that at which it is capable of a rate of climb with all power units operating within the maximum continuous power conditions specified of 150 feet per minute and, if it is necessary for it to be flown solely by reference to instruments, be capable, with one power unit inoperative, of a rate of climb of 100 feet per minute.
(d) The landing weight of the aeroplane for the altitude and the expected air temperature for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome will not exceed the maximum landing weight specified (i) at which the aeroplane is capable, in the en-route configuration and all power units operating within the specified maximum continuous power conditions, of a rate of climb 700 feet per minute if it has retractable landing gear and of 500 feet per minute if it has fixed landing gear; and (ii) at which the aeroplane is capable, in the en-route configuration and if it is necessary for it to be flown solely by reference to instruments for any period after leaving the minimum altitude for safe flight on the last stage of the route 175 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] to be flown, stated in, or calculated from the information contained in, the operations manual relating to the aeroplane and with one power unit inoperative, of a rate of climb of 150 feet per minute.
(e) The landing distance required does not, at the aerodrome at which it is intended to land and at any alternate aerodrome, exceed 70 per cent of the landing distance available on the most suitable runway for a landing in still air conditions, and for the purpose of this subparagraph the distance required to land from a height of 50 feet shall be taken to be that specified as being appropriate to (a) the landing weight; (b) the altitude at the aerodrome; and (c) the temperature in the specified international standard atmosphere appropriate to the altitude at the aerodrome.
Weight and Performance of Public Transport Aeroplanes Classified as Aeroplanes of Performance Group X in their Certificates of Airworthiness 7.
An aeroplane in respect of which there is in force under these Regulations a certificate of airworthiness designating the aeroplane as being of performance group X shall not fly for the purpose of public transport, except for the sole purpose of training persons to perform duties in aircraft, unless the weight of the aeroplane at the commencement of the take-off run is such that the following conditions are satisfied (1) (a) That weight does not exceed the maximum take-off weight specified for the altitude at the aerodrome at which the take-off is to be made, or for the altitude and the air temperature at such aerodrome, as the case may be.
(b) The minimum effective take-off runway length required, specified as being appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; (iii) the air temperature at the time of take-off; (iv) the overall slope of the take-off run available; and (v) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, does not exceed the take-off run available at the aerodrome at which the take-off is to be made.
(c) The take-off flight path with one unit inoperative, specified as being appropriate to (i) the weight of the aeroplane at the commencement of the take-off run; (ii) the altitude at the aerodrome; and (iii) not more than 50 per cent of the reported wind component opposite to the direction of take-off or not less than 150 per cent of the reported wind component in the direction of take-off, and plotted from a point 50 feet above the end of the minimum effective take-off runway length required at the aerodrome at which the take-off is to be made, shows that the aeroplane will thereafter clear any obstacle in its path by a vertical interval of not less than the greater of 50 feet or 35 feet plus one-hundredth of the distance from the point on the ground below the intended line of flight of the aeroplane nearest to the obstacle to the end of the take-off distance available, measured along the intended line of flight of the aeroplane.
[Issue 1] 176 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (d) For the purpose of subparagraph (c) any obstacle shall be deemed to be in the path of the aeroplane if the distance from the obstacle to the nearest point on the ground below the intended line of flight does not exceed (i) when the take-off flight path is to be conducted in Instrument Meteorological Conditions (aa) a distance of 61 metres plus half the wing span of the aeroplane plus one-eighth of the distance from such point to the end of the take-off distance available measured along the intended line of flight; or (bb) 1,525 metres, whichever is the less.
(ii) when the take-off flight path is to be conducted in Visual Meteorological Conditions (i) 61 metres plus half the wing span of the aeroplane.
(e) In assessing the ability of the aeroplane to satisfy this condition, in so far as it relates to flight path, it shall not be assumed to make a change of direction of a radius less than the radius of steady turn corresponding to an angle of bank of 15.
(2) (a) Subject to subparagraph (b), the weight of the aeroplane at any point on the route or any planned diversion therefrom, having regard to the fuel and oil expected to be consumed up to that point, shall be such that the other power unit or units operating within the maximum continuous power conditions specified, will be capable of a rate of climb of at least K(V2 /100) feet per minute at an altitude not less than the minimum altitude for so safe flight stated in, or calculated from the information contained in, the operations manual, where V is in knots and K has the value of 797-1060/N, N being the number of so power units installed.
(b) As an alternative to (a), the aeroplane may be flown at an altitude from which, in the event of failure of one power unit, it is capable of reaching an aerodrome where a landing can be made in accordance with condition (3) (b) in this paragraph relating to an alternate aerodrome.
In that case, the weight of the aeroplane shall be such that, with the remaining power unit or units operating within the maximum continuous power conditions specified, it is capable of maintaining altitude on the route to such aerodrome of 2,000 feet above all obstacles within 8 kilometres on either side of the intended track and (i) the rate of climb, specified for the appropriate weight and altitude, used in calculating the flight path shall be reduced by an amount equal to K(V /100)2 feet per minute; so (ii) the aeroplane shall comply with the climb requirements of condition 2(a) at 1,000 feet above the chosen aerodrome; (iii) account shall be taken of the effect of wind and temperature on the flight path; and (iv) the weight of the aeroplane may be assumed to be progressively reduced by normal consumption of fuel and oil.
(c) An aeroplane having four power units shall, if any two power units become inoperative at any point along the route or any planned diversion therefrom, being a point more than 90 minutes flying time (assuming all power units to be operating) from the nearest aerodrome at which a landing can be made in compliance with condition (3) (a) of this paragraph relating to an alternate aerodrome, be capable of continuing the flight at an altitude of not less than 1,000 feet above ground level to a point above that aerodrome.
In assessing the ability of the aeroplane to satisfy this condition, it shall be assumed that the remaining power units will operate within the specified maximum continuous power conditions and account shall be taken of the temperature and wind conditions expected for the flight.
(3) (a) The landing weight of the aeroplane will not exceed the maximum landing weight specified for the altitude at the aerodrome at which it is intended to land and at any alternate aerodrome.
177 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) The required landing runway lengths respectively specified as being appropriate to the aerodromes of intended destination and the alternate aerodromes do not exceed at the aerodrome at which it is intended to land or at any alternate aerodrome, as the case may be, the landing distance available on (i) the most suitable runway for a landing in still air conditions; and (ii) the runway that may be required for landing because of the forecast wind conditions, the required landing runway lengths being taken to be those specified as being appropriate to (aa) the landing weight; (bb) the altitude at the aerodrome; (cc) still air conditions in the case of the most suitable runway for a landing in still air conditions; and (dd) not more than 50 per cent of the forecast wind component opposite to the direction of landing or not less than 150 per cent of the forecast wind component in the direction of landing in the case of the runway that may be required for landing because of the forecast wind conditions.
PART D WEATHER MINIMA Minimum Weather Conditions for Take-off, Approach to Landing and Landing by Public Transport Aircraft Registered in Kenya 1.
In this paragraph approach to landing means that portion of the flight of the aircraft in which it is descending below a height of 1,000 feet above the decision height of the relevant minimum for landing; approved, in relation to the operations manual, means accepted by the Director after any additions or amendments required by the Director have been incorporated; ceiling, in relation to an aerodrome, means the height above the ground or water of the base of the lowest layer of cloud below 6,000 metres (20,000 feet) covering more than half the sky; decision height means a specified height at which a missed approach must be initiated if the required visual reference to continue the approach has not been established; minimum weather condition, in relation to an aerodrome, means the cloud ceiling and runway visual range for take-off or landing and the obstacle clearance limit and runway visual range or visibility as appropriate for landing below which the aircraft cannot safely take-off or land (as the case may be) at that aerodrome, and the expression relevant minimum shall be construed accordingly; obstacle clearance limit means the height above aerodrome or threshold elevation for a given approach direction and instrument approach aid below which the minimum specified vertical clearance above obstacles cannot be maintained either on approach or in the event of a missed approach; runway visual range, in relation to a runway or landing strip, means the maximum distance in the direction of take-off or landing, as the case may be, at which the runway or landing strip or the markers or lights delineating it can be seen from a point 15 feet above its centre line; and in the case of an aerodrome in Kenya the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the runway visual range shall be taken to be runway visual range for the time being; specified in relation to an aircraft means specified in or ascertainable by reference to the operations manual relating to that aircraft; [Issue 1] 178 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] visibility means the ability, as expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night; and in the case of an aerodrome in Kenya the distance, if any, communicated to the commander of the aircraft by or on behalf of the person in charge of the aerodrome as being the visibility, shall be taken as the visibility for the time being.
2.
In compliance with paragraph (2) of regulation 24 and paragraph (x) of Part A of this Schedule, the operator of every aircraft to which this Schedule applies shall establish andinclude in the operations manual relating to the aircraft, particulars of minimum weather conditions appropriate to every aerodrome of intended departure or landing and every alternate aerodrome: Provided that (i) in respect of aerodromes to be used only on a flight which is not a scheduled journey or any part thereof it shall be sufficient to include in the operations manual data and instructions by means of which the appropriate minimum weather conditions can be calculated by the commander of the aircraft; and (ii) in respect of aerodromes at which meteorological observations cannot be communicated to the commander of an aircraft in flight, it shall be sufficient to include in the approved operations manual, general directions to pilots concerning minimum weather conditions for safe operation.
3.
The minimum weather conditions specified shall not, in respect of any aerodrome, be less favourable than any declared in respect of that aerodrome by the competent authority, unless that authority otherwise permits in writing.
4.
In establishing minimum weather conditions for the purposes of this regulation the operator of the aircraft shall take into account the following matters (a) the type and performance and handling characteristics of the aircraft and any relevant conditions in its certificate of airworthiness; (b) the composition of its crew; (c) the physical characteristics of the relevant aerodrome and its surroundings; (d) the dimensions of the runways which may be selected for use; (e) whether or not there are in use at the relevant aerodrome any aids, visual or otherwise, to assist aircraft in approach, landing or take-off, being aids which the crew of the aircraft are trained and equiped to use; the nature of any such aids that are in use; and the procedures for approach, landing and take-off which may be adopted according to the existence or absence of such aids; (f) whether or not there are in use at the relevant aerodrome any communication facilities for passing meteorological observations to aircraft in flight, and shall establish in relation to each runway which may be selected for use minimum weather conditions appropriate to each set of circumstances which can reasonably be expected.
5.
With reference to regulation 27(3) an aircraft shall not commence a flight at a time when (a) the cloud ceiling or the runway visual range or visibility, as appropriate, at the aerodrome of departure is less than the minimum respectively specified for take-off; or (b) according to the information available to the commander of the aircraft it would not be able, without contravening paragraph (6), to commence or continue an approach to landing at the aerodrome of intended destination at the estimated time of arrival there and at any alternate aerodrome at any time at which according to a reasonable estimate the aircraft would arrive there.
179 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 6.
With reference to regulation 27(3) an aircraft shall not (a) commence or continue an approach to landing at any aerodrome if the runway visual range or visibility, as appropriate, at that aerodrome, established or determined as aforesaid, is at the time less than the relevant minimum for landing; or (b) continue an approach to landing at any aerodrome by flying below the obstacle clearance limit of the relevant minimum for landing if from that limit the approach to landing cannot be completed entirely by visual reference to the ground.
7.
If according to the information available an aircraft would as regards any flight be required by the Rules of the Air and Air Traffic Control to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
ELEVENTH SCHEDULE [Regulations 54 and 55.] DOCUMENTS TO BE CARRIED BY AIRCRAFT REGISTERED IN KENYA On a flight for the purpose of public transport Documents A, B, C, D, E, F, H and, if the flight is international air navigation, Document G.
On a flight for the purpose of aerial work Documents A, B, C, E, F and, if the flight is international air navigation, Document G.
On a flight, being international air navigation, for a purpose other than public transport or aerial work Documents A, B, C and G.
For the purposes of this Schedule A means any licence to install and operate radio apparatus in the aircraft for the time being in force, and the current telecommunication log-book required by these Regulations; B means the certificate of airworthiness in force in respect of the aircraft; C means the licences of the members of the flight crew of the aircraft; D means one copy of the load sheet, if any, required by regulation 26 in respect of the flight; E means one copy of each certificate of maintenance, if any, in force in respect of the aircraft; F means the technical log referred to in regulation 9(8); G means the certificate of registration in force in respect of the aircraft; H means the operations manual, if any, required by regulation 24 to be carried on the flight; international air navigation means any flight (i) which commences in Kenya and in which a landing is made outside Kenya; and (ii) which commences outside Kenya.
[Issue 1] 180 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] TWELFTH SCHEDULE [Regulation 59.] RULES OF THE AIR AND AIR TRAFFIC CONTROL SECTION I INTERPRETATION 1.
In these Rules, unless the context otherwise requires advisory airspace means airspace in which Air Traffic Advisory Service is available; aerodrome traffic circuit in relation to aerodrome means the path to be followed by aircraft when operating in the vicinity of an aerodrome; Air Traffic Advisory Service means a service to provide separation between known aircraft which are operating on IFR flight plans within advisory airspace; airtraffic control clearance means authorization by an air traffic control unit for an aircraft to proceed under conditions specified by that unit; airway means a notified control area, or part thereof, established in the form of a corridor and defined by radio navigational aids; anti-collision light means a flashing red light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft; ceiling in relation to an aerodrome means the height above the ground or water of the base of the lowest layer of cloud below 6,000 metres (20,000 feet) covering more than half the sky; 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 visibility means the visibility forward from the flight deck of an aircraft in flight; ground visibility means the horizontal visibility at ground level; IFR flight means a flight conducted in accordance with the Instrument Flight Rules in Section VI of these Rules; instrument meteorological conditions means weather precluding flight in compliance with the Visual Flights Rules; manoeuvring area means the part of an aerodrome provided for the take-off and landing of aircraft and for the movement of aircraft on the surface, excluding any parts of the aerodrome set aside for the embarkation and disembarkation of passengers, the loading and unloading of cargo, or the maintenance or parking of aircraft; runway means a defined rectangular area, on a land aerodrome prepared for the landing and take-off of aircraft along its length; sartime means the term sartime entered on a flight plan followed by a six figure group specifying a date and time in Greenwich Mean Time, indicating that search and rescue action is not expected by the commander of the aircraft unless notification of arrival is not received by the appropriate air traffic control unit by the date and time specified, or unless information is received raising a doubt as to the safety of the aircraft; VFR Flight means a flight conducted in accordance with the Visual Flight Rules in Section V of these Rules; 181 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] visual meteorological condition means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling, equal to or better than specified minima.
SECTION II GENERAL 2.
Application of Rules to Aircraft These Rules, in so far as they are applicable in relation to aircraft, shall subject to the provisions of rule 30 of these Rules, apply in relation to (a) all aircraft whilst in or over Kenya; and (b) all Kenya aircraft, wherever they may be.
3.
Misuse of Signals and Markings (1) A signal marking to which a meaning is given by these Rules, or which is required by these Rules to be used in circumstances or for a purpose therein specified, shall not be used except with that meaning, or for that purpose.
(2) A person in an aircraft or on an aerodrome or at any place at which an aircraft is taking-off or landing shall not make any signal which may be confused with a signal specified in these Rules, and, except with the lawful authority, shall not make any signal which he knows or ought reasonably to know to be a signal in use for signalling to or from any of the naval army or air force aircraft of Kenya.
4.
Reporting Hazardous Conditions The commander of an aircraft shall, on meeting with hazardous conditions in the course of a flight, or as soon as possible thereafter, send to the appropriate air traffic control unit by the quickest means available information containing such particulars of hazardous conditions as may be pertinent to the safety of other aircraft.
5.
Low Flying (1) Subject to the provisions of paragraphs (2) and (3) of this rule (a) an aircraft, other than a helicopter, shall not fly over any congested area of a city, town or settlement below (i) such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or (ii) a height of 1,000 feet above the highest fixed object within 600 metres of the aircraft, whichever is the higher.
(b) a helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit; (c) except with the permission in writing of the Director and in accordance with any condition therein specified, a helicopter shall not fly over a congested area of a city, town or settlement below a height of 1,000 feet above the highest fixed object within 600 metres of the helicopter; (d) an aircraft shall not fly (i) over, or within 1,000 metres of any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organized event, except with the permission in writing of the Director and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or [Issue 1] 182 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (ii) below such height as would enable it to alight clear of the assembly in the event of the failure of a power unit: Provided that where a person is charged with an offence under these Regulations by reason of a contravention of this subparagraph, it shall be a good defence to prove that the flight of the aircraft over, or within 1,000 metres of the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly; (e) an aircraft shall not fly less than 500 feet above ground or water.
(2) (a) Paragraphs 1(d) and (e) of this rule shall not apply to an aircraft which is being used for police purposes.
(b) Paragraphs 1(d)(e) of this rule shall not apply to the flight of an aircraft over or within 1,000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organizers of the event, and the races, contest, exhibition or flight is approved by the Director.
(c) Paragraph 1(a) of this rule shall not apply to (i) any aircraft while it is landing or taking-off in accordance with normal aviation practice; (ii) any glider while it is hill-soaring.
(3) Nothing in this rule shall prohibit any aircraft from (a) taking-off, landing or practising approaches to landing; or (b) flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a Government or licensed aerodrome in Kenya or at any aerodrome in any Contracting State; or (c) flying in such a manner as may be necessary for the purpose of saving life: Provided that in the case of practising approaches to landing such practising is confined to the airspace customarily used by aircraft when landing or taking-off in accordance with normal aviation practice at the aerodrome concerned.
(4) Nothing in this rule shall apply to any captive balloon or kite.
6.
Simulated Instrument Flight An aircraft shall not be flown in simulated instrument flight conditions unless (a) the aircraft is fitted with dual controls which are functioning properly; (b) an additional pilot (in this rule called a safety pilot) is carried in a second control seat of the aircraft for the purpose of rendering such assistance as may be necessary to the pilot flying the aircraft; (c) if the safety pilots field of vision is not adequate both forward and to each side of the aircraft, a third person, being an observer approved by the Director, occupies a position in the aircraft from which his field of vision makes good the deficiencies in that of the safety pilot, and from which he can readily communicate with the safety pilot.
For the purpose of this rule the expression simulated instrument flight means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft.
183 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 7.
Practice Instrument Approaches Within Kenya, an aircraft shall not carry out instrument approach practice when flying in visual meteorological conditions unless (a) the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; and (b) if the flight is not being carried out in simulated instrument flight conditions, an observer approved by the Director is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft.
SECTION III LIGHTS AND OTHER SIGNALS TO BE SHOWN BY AIRCRAFT 8.
General (1) For the purpose of this section of these Rules the horizontal plane of a light shown by an aircraft means the horizontal plane passing through the source of that light, if the aircraft were in level flight.
(2) Where by reason of the physical construction of an aircraft it is necessary to fit more than one lamp in order to show a light required by this section of these Rules, the lamps shall be so fitted and constructed that, so far as is reasonably practicable, not more than one lamp is visible from any one point outside the aircraft.
(3) Where in these Rules a light is required to show through specified angles in the horizontal plane, the lamps giving such light shall be so constructed and fitted that the light is visible from any point in any vertical plane within those angles throughout angles of 90 above and below the horizontal plane, but, so far as is reasonably practicable, through no greater angle, either in the horizontal plane or the vertical plane.
(4) Where in these Rules a light is required to show in all directions the lamps giving such light shall be so constructed and fitted that, so far as is reasonably practicable, the light is visible from any point in the horizontal plane and on any vertical plane passing through the source of that light.
9.
Display of Lights by Aircraft (1) By night an aircraft shall display such of the lights specified in these Rules as may be appropriate to the circumstances of the case, and shall not display any other lights which might obscure or otherwise impair the visibility of, or be mistaken for, such lights: Provided that nothing in this paragraph shall prevent the display of an anti-collision light.
(2) An aeroplane on a land aerodrome in Kenya at which aircraft normally land or take-off at night shall, unless it is stationary on a part of the aerodrome set aside for the embarkation or disembarkation of passengers, the loading or unloading of cargo or the maintenance of parking of aircraft, display by night either the lights which it would be required to display if it were flying, or the lights specified in rule 11(2) (a) or 11(2)(c) of these Rules.
10.
Failure of Navigation Lights In Kenya, in the event of the failure of any light which is required by these Rules to be displayed in flight, if the light cannot be immediately repaired or replaced the aircraft shall land as soon as in the opinion of the commander of the aircraft it can safely do so, unless authorised by the appropriate air traffic control unit to continue its flight.
[Issue 1] 184 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 11.
Aeroplanes and Helicopters (1) Except as provided in paragraph (3) of this Rule , an aeroplane or helicopter in flight between sunset and sunrise shall display the following lights (a) anti-collision lights intended to attract attention to the aeroplane or helicopter; and (b) navigation lights intended to indicate the relative path of the aeroplane or helicopter to an observer, and no other light shall be displayed if it is likely to be mistaken for the lights specified in subparagraph (a) or (b).
(2) Except as provided in paragraph (3) of this Rule, an aeroplane or helicopter on the movement area of an aerodrome between sun sent and sunrise shall (a) display navigation lights intended to indicate the relative path of the aeroplane or helicopter and no other light shall be displayed if that light is likely to be mistaken for a navigation light; (b) display navigation lights intended to indicate the extremities of structure unless the aeroplane or helicopter is stationary or otherwise adequately illuminated; (c) display anti-collision lights intended to attract attention to the aeroplane or helicopter; and (d) if the engine is running, display anti-collision lights which indicate that fact.
(3) An aeroplane or helicopter in flight or on the movement area of an aerodrome which is fitted with an anti-collision light to meet the requirements of paragraph (1)(a), (2)(c) or (2)(d) of this Rule shall, where the circumstances so require, display those lights outside the period specified in those paragraphs.
(4) A pilot of an aeroplane or helicopter shall be permitted to switch off or reduce the intensity of any flashing lights which may be fitted to meet the requirements of paragraphs (1) and (2) of this Rule if they are or are likely to (a) adversely affect the satisfactory performance of his duties; or (b) subject an observer to harmful dazzle.
(5) The anti-collision lights referred to in paragraphs (1)(a), (2)(c) and (2)(d) of this Rule of this Rule shall be a flashing or rotating red light which affords coverage in all directions within 30 above and 30 below the horizontal plane of the aeroplane or helicopter.
(6) The navigation lights referred to in paragraphs (1)(b), (2)(a) and (2)(b) shall be (a) (i) a green light of at least five candles showing on the starboard side through an angle of 110 from dead ahead on the horizontal plane; (ii) a red light of at least five candles showing on the port side through an angle of 110 from dead ahead in the horizontal plane; (iii) a white light of at least three candles showing through the angles of 70 from dead astern to each side on the horizontal plane, all being steady lights; or (b) the lights specified in subparagraph (a), but all being flashing lights, flashing together or in alternation with one or both of the following (i) a flashing white light of at least twenty candles showing in all directions; or (ii) a flashing white light of at least twenty candles showing through angles of 70 from dead astern in the horizontal plane.
185 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (7) If the lamp showing either the green or red navigation light specified in subparagraph (6)(a) of this Rule is fitted more than six feet from the wing tip, a lamp may, notwithstanding the provisions of rule 9(1), be fitted at the wing tip to indicate its position, showing a steady light of the same colour through the same angle.
[L.N.
96/1984, s.
3] 12.
Gliders A glider while flying at night shall display either a steady red light of at least five candles, showing in all directions, or lights in accordance with paragraphs (2) and (3) of rule 11.
13.
Free Balloons A free balloon while flying at night shall display a steady red light, of at least five candles showing in all directions, suspended not less than 15 feet and not more than 30 feet below the basket, or if there is no basket, below the lowest part of the balloon.
13A.
Unmanned free balloons (1) Unmanned free balloons shall be classified as (a) light: an unmanned free balloon which carries a pay load of one or more packages with a combined mass of less than 4 kg; unless qualifying as a heavy balloon under this paragraph; (b) medium: an unmanned free balloon which carries a pay load of two or more packages with a combined mass of 4 kg.
or more but less than 6 kg.
unless qualifying as a heavy balloon under this paragraph; (c) heavy: an unmanned free balloon which carries a pay load which (i) has a combined mass of 6 kg.
or more; or (ii) includes a package of 3 kg.
or more; or (iii) includes a package of 2 kg.
or more with an area density of more than 13 grams per square centimetre; or (iv) uses a rope or other device for suspension of the pay load that requires an impact force of 230 newtons or more to separate the suspended pay load from the balloon, and the area density referred to in paragraph (c) shall be determined by dividing the total mass in grams of the pay load package by area, in square centimetres, of its smallest surface.
(2) An unmanned free balloon shall (a) not be operated without the permission of the Director of Civil Aviation; (b) not be operated across the territory of another state without the appropriate authorization from that other state unless it is a light balloon used exclusively for meteorological purposes which is operated in a manner prescribed by the Director of Civil Aviation; (c) be operated in accordance with conditions specified by the Director of Civil Aviation while being flown over Kenyan territory; (d) not be operated in such a manner that the impact of the balloon or any part thereof, including its pay load, with the surface of the earth would create a hazard to persons or property not connected with the operation; (e) where equipped with a trailing antenna that requires a force of more than 230 newtons to break it at any point, not to be operated unless the antenna has coloured pennants or streamers that are attached at not more than fifteen metre intervals, and the authorization referred to in subparagraph (b) shall be obtained prior to the launching of the balloon if there is a reasonable expectation when planning the operation [Issue 1] 186 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] that the balloon may drift into airspace over the territory of another state, and the authorization may be obtained for a series of balloon flight or for a particular type of recurring flight such as atmospheric research balloon flights.
(3) A medium or heavy unmanned free balloon shall not be released in a manner that may cause it to fly lower than 300 m (1,000 ft) over the congested area of cities, towns or settlements or an open air assembly of persons no associated with the operation.
(4) A heavy unmanned free balloon shall not be operated (a) over the high seas without prior co-ordination with the appropriate air traffic services authority; (b) without authorization from the appropriate air traffic services authority at or through any level below 18,000 m (60,000 ft) pressure-altitude at which (i) there are clouds or other obscuring phenomena of more than four oktas coverage; or (ii) the horizontal visibility is less than 8 km (5 miles); (c) unless (i) it is equipped with at least two pay load flight termination devices or systems, whether automatic or operating independently of each other; (ii) in the case of polyethylene zero-pressure balloons at least two method systems, devices or combination thereof that function independently of each other are employed for terminating the flight of the balloon services; (iii) the balloon envelope is equipped with either a radar reflective device or radar reflective material that will present an echo to surface radar operating in the 200MHz to 2700MHz frequency range or the balloon is equipped with such other devices as shall permit continuous tracking by the operator beyond the range of ground-based radar; (d) in an area where ground-based secondary surveillance radar equipment is in use, unless it is equipped with a secondary surveillance radar transponder, with altitude reporting capability, which is continuously operating on an assigned code or which can be turned on when necessary by the tracking station; (e) below 18,000 m (60,000 ft) pressure-altitude between sunset and sunrise or such other period between sunset and sunrise (corrected to the altitude of operation) as may be prescribed by the appropriate air traffic services authority unless the balloon and its attachments and pay load, whether or not they become separated during the operation, are lighted; (f) below 18,000 m (60,000 ft) pressure-altitude between sunset and sunrise where it is equipped with a suspension device (other than a highly conspicuous coloured open parachute) more than 15 metres long, unless the suspension device is coloured in alternate bands of highly conspicuous colours or has coloured pennants attached.
(5) The operator of a heavy unmanned free balloon shall activate the appropriate termination devices required under paragraph (4)(c) (a) when it becomes known that weather conditions are less than those prescribed for the operation; (b) if a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or (c) prior to unauthorized entry into the air space over another states territory.
(6) (a) Early notification of the intended flight of a medium or heavy unmanned free balloon shall be made to the appropriate air traffic services unit not less than seven days 187 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] before the date of the intended flight and shall include such of the following information as may be required by the appropriate air traffic control services unit (i) balloon flight identification or project code name; (ii) balloon classification and identification; (iii) secondary surveillance radar services code or non-directional (radio) frequency as applicable; (iv) the operators name and telephone number; (v) launch site; (vi) estimated time of launch or time of commencement and completion of multiple launches, if multiple launches; (vii) expected direction of ascent; (viii) cruising level (pressure altitude); (ix) the estimated elapsed time to pass 18,000 m (60,000 ft) together with the estimated location; (x) the estimated date and time of termination of the flight and the planned location of the impact or recovery area; (b) In the case of balloons carrying out flights of long duration, as a result of which the date and time of termination of the flight and the location of the impact cannot be forecast with accuracy, the term long duration shall be used; (c) Where the operation consists of continuous launchings, the time to be included is the estimated time at which the first and last launchings in the series will reach the appropriate level (e.g.
122136Z-130330Z); (d) If there is to be more than one location of impact or impact or recovery, each location is to be listed together with the appropriate time of impact, and, where there is to be a series of continuous impacts, the time to be included is the estimated time of the first and last series (e.g.
070330Z-072300Z); (e) Any changes in the pre-launch information notified in accordance with this paragraph shall be forwarded to the air traffic services unit concerned not less than six hours before the estimated time of launch or in the case of solar or cosmic disturbances investigations involving a critical time element, not less than thirty minutes before the estimated time of the commencement of the operation.
(7) (a) Immediately after a medium or heavy unmanned free balloon is launched, the operator shall give the appropriate air traffic services unit the following information (i) balloon flight identification; (ii) launch site; (iii) actual time of launch; (iv) estimated time at which 18,000 m (60,000 ft) pressure-altitude shall be passed, or the estimated time at which the cruising level shall be reached if at or below 18,000 m (60,000 ft) and the estimated location; (v) any changes to the information previously given under paragraph (6)(a).
(b) The operator shall notify the appropriate air traffic services unit immediately it is known that the intended flight of a medium or heavy unmanned free balloon previously notified in accordance with paragraph (6)(a) has been cancelled.
(8) The operator of a heavy unmanned free balloon (a) operating at or below 18,000 m (60,000 ft) pressure-altitude shall monitor the flight path of the balloon and forward reports of the balloons position as requested by the air traffic services unit and unless the air traffic services unit require reports of the balloons position at more frequent intervals the operator shall record the position every two hours; [Issue 1] 188 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) operating above 18,000 m (60,000 ft) pressure-altitude shall monitor the flight progress of the balloon and forward a report of the balloons position as requested by the air traffic services unit and unless the air traffic services unit require reports of the balloons position at more frequent intervals the operator shall record the position every twenty-four hours, and if the position cannot be recorded in accordance with subparagraph (a) or (b) the operator shall immediately notify the appropriate air traffic services unit, which notification shall include the last recorded position and shall thereafter notify the appropriate air traffic services unit when the tracking of the balloon is re-established.
(9) One hour before the beginning of the planned descent of a heavy unmanned free balloon, the operator shall forward to the appropriate air traffic services unit the following information regarding the balloon (a) its current geographical position; (b) the current level (pressure-altitude); (c) the forecast time of penetrating of 18,000 m (60,000 ft) pressure-altitude, if applicable; and (d) the forecast time and location of ground impact.
(10) The operator of a heavy or medium unmanned free balloon shall notify the appropriate air traffic services unit when the operation is ended.
[L.N.
96/19894, s.
4.] 14.
Captive Balloons and Kites (1) A captive balloon or kite while flying at night at a height exceeding 200 feet above the surface shall display lights as follows (a) a group of two steady lights consisting of a white light placed twelve feet above a red light, both being of at least five candles and showing in all directions, the white light being placed not less than fifteen feet or more than thirty feet below the basket, or, if there is no basket, below the lowest part of the balloon or kite; (b) on the mooring cable, at intervals of not more than 1,000 feet measured from the group of lights referred to in subparagraph (a) of this paragraph, groups of two lights of the colour and power and in the relative positions specified in that subparagraph, and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; (c) on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measured at least 80 feet; one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights; the third light shall be a green light so placed that the triangle encloses the object on the surface to which the balloon or kite is moored.
(2) A captive balloon while flying by day at a height exceeding 200 feet above the surface shall have attached to its mooring cable at intervals of not more than 600 feet measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than sixteen inches in diameter and six feet in length, and marked with alternate bands of red and white twenty inches wide.
(3) A kite flown in the circumstances referred to in paragraph (2) shall have attached to its mooring cable either (a) tubular streamers as specified in paragraph (2); or (b) at intervals of not more than 300 feet measured from the lowest part of the kite, streamers of not less than thirty-two inches long and one foot wide at their widest part and marked with alternate bands of red and white four inches wide.
189 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 15.
Airships (1) Except as provided in paragraph (2) of this Rule, an airship while flying at night shall display the following steady lights (a) a white light of at least five candles showing through angles of 110 from dead ahead to each side in the horizontal plane; (b) a green light of at least five candles showing to the starboard side through an angle of 110 from dead ahead in the horizontal plane; (c) a red light of at least five candles showing to the port side through an angle of 110 from dead ahead in the horizontal plane; and (d) a white light of at least five candles showing through angles of 70 from dead astern to each side in the horizontal plane.
(2) An airship while flying at night shall display, if it is not under command, or has voluntarily stopped its engines, or is being towed, the following steady lights (a) the white lights referred to in subparagraphs (a) and (d) of paragraph (1) of this Rule; (b) two red lights, each of at least five candles and showing in all directions suspended below the control car so that one is at least twelve feet above the other and at least twenty-five feet below the control car; and (c) if the airship is making way but not otherwise, the green and red lights referred to in subparagraphs (b) and (c) paragraph (1) of this Rule: Provided that an airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in paragraph (1) of this Rule.
(3) An airship, while moored within Kenya by night, shall display the following lights (a) when moored to a mooring mast, at or near the rear a white light of at least five candles showing in all direction; (b) a white light of at least five candles showing through angles of 70 from dead astern to each side in the horizontal plane.
(4) An airship while flying by day, if it is not under command, or has voluntarily stopped its engines, or is being towed, shall display two black balls suspended below the control car so that one is at least twelve feet above the other and at least twenty-five feet below the control car.
(5) For the purpose of this rule (a) an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by or under these Rules; (b) an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.
SECTION IV GENERAL FLIGHT RULES 16.
Weather Reports and Forecasts (1) Immediately before an aircraft flies the commander of the aircraft shall examine the current reports and forecasts of the weather conditions on the proposed flight path, being reports and forecasts which it is reasonably practicable for him to obtain in order to determine whether instrument meteorological conditions prevail or are likely to prevail during any part of the flight.
(2) An aircraft which 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 commander of the aircraft to obtain indicates that it will arrive at that aerodrome when the ground visibility is less [Issue 1] 190 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] than eight kilometres or the cloud ceiling is less than 1,500 feet, unless the commander of the aircraft has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone.
Rules for Avoiding Aerial Collisions 17.
General (1) (a) Notwithstanding that the flight is being made with air traffic control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft.
(b) An aircraft shall not be flown in such proximity to other aircraft as to create a danger of collision.
(c) Aircraft shall not fly in formation unless the commanders of the aircraft have agreed to do so.
(d) An aircraft which is obliged by these Rules to give way to another aircraft shall avoid passing over or under the other aircraft, or crossing ahead of it, unless passing well clear of it.
(e) An aircraft which has the right-of-way under this rule shall maintain its course and speed.
(f) For the purposes of this rule a glider and an aeroplane which is towing it shall be considered to be a single aircraft under the command of the commander of the towing aeroplane.
Converging (2) (a) Subject to paragraphs (3) and (4) of this Rule, an aircraft in the air shall give way to other converging aircraft as follows (i) aeroplanes shall give way to airships, gliders and balloons; (ii) airships shall give way to gliders and balloons; (iii) gliders shall give way to balloons.
(b) Subject to subparagraph (a) of this paragraph, when two aircraft are converging in the air at approximately the same altitude, the aircraft which has the other on its right shall give way: Provided that mechanically driven aircraft shall give way to aircraft which are towing other aircraft or objects.
Approaching Head-on (3) When two aircraft are approaching head-on or approximately so in the air and there is danger of collision, each shall alter its course to the right.
Overtaking (4) An aircraft which is being overtaken in the air shall have the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering course to the right, and shall not cease to keep out of the way of the other aircraft until that other aircraft has been passed and is clear, notwithstanding any change in the relative positions of the two aircrafts: Provided that a glider overtaking another glider in Kenya may alter its course to the right or to the left.
Landing (5) An aircraft while landing on or final approach to land shall have the right-of-way over other aircraft in flight or on the ground or water.
191 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Two or More Aircraft Landing (6) In the case of two or more aeroplanes or gliders approaching any place for the purpose of landing, the aircraft at the lower altitude shall have the right-of-way, but it shall not cut in front of another aircraft which is on final approach to land or overtake that aircraft: Provided that: (a) when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and (b) when the commander of an aircraft is aware that another aircraft is making an emergency landing, he shall give way to that aircraft, and at night, notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so.
18.
Aerobatic Manoeuvres (1) An aircraft shall not carry out any aerobatic manoeuvre (a) over the congested area of any city, town or settlement; or (b) within controlled airspace except with the consent of the appropriate air traffic control unit.
19.
Right-hand Traffic Rule An aircraft which is flying within Kenya in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on its left.
20.
Report of Arrival (1) In respect of any flight for which a flight plan has been submitted, the commander of an aircraft shall, upon landing, take all reasonable steps, including giving advice as to the time and aerodrome of departure, to ensure that a report of the arrival of the aircraft reaches the air traffic control unit serving the aerodrome of departure.
(2) Paragraph (1) of this Rule shall be complied with if (a) where there is an air traffic control unit at the aerodrome of arrival, the commander of an aircraft advises the unit of his arrival and the time and aerodrome of his departure; (b) where there is no air traffic control unit at the aerodrome of arrival, the commander of an aircraft advises the Reporting Officer, if such a person has been notified for that aerodrome, of his arrival and the time and aerodrome of his departure.
(3) Notwithstanding the provisions of paragraph (1) of this Rule and in the event that the aerodrome of arrival shall be within Kenya (a) no obligation shall rest upon the commander of an aircraft to report his arrival if he entered Nosar on the flight plan submitted prior to his departure; (b) where the commander of an aircraft has entered Sartime on the flight plan submitted prior to his departure he shall (i) upon arrival, advise an air traffic control unit or Reporting Officer of his arrival and time and aerodrome of departure; or (ii) at or before the time specified in the Sartime entry, advise an air traffic control unit or Reporting Officer of his whereabouts and the time and aerodrome of his departure; or (iii) where there is no air traffic control unit at the aerodrome of arrival and provided he receives an acknowledgement, report his landing or imminent landing by radiotelephone to an air traffic control unit.
[Issue 1] 192 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (4) The Commander of an aircraft who has caused notice of its intended arrival at any aerodrome to be given to the air traffic control unit or other authority at that aerodrome shall ensure that the air traffic control unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of 45 minutes or more.
21.
Flight in Notified Airspace In relation to flight in visual meteorological conditions in controlled airspace notified for the purposes of this rule, the commander of an aircraft shall comply with rules 27, 28 and 29 of these Rules as if the flights were IFR flights: Provided that the commander of the aircraft shall not elect to continue the flight in compliance with the Visual Flight Rules for the purposes of paragraph (3) of rule 27.
22.
Choice of V.F.R or I.F.R.
Subject to the provisions of rule 21 of these Rules an aircraft shall always be flown in accordance with the Visual Flight Rules or the Instrument Flight Rules: Provided that (i) in Kenya an aircraft flying at night shall be flown in accordance with the Instrument Flight Rules, or, in a control zone, in accordance with the Instrument Flight Rules or the provisions of the proviso to paragraph (b) of rule 23 of these Rules; and (ii) irrespective of meteorological conditions the commander of an aircraft shall within all airspace within the Flight Information Region above flight level 150 and within airways irrespective of flight level fly in accordance with the Instrument Flight Rules.
SECTION V VISUAL FLIGHT RULES 23.
(1) The Visual Rules shall be as follows (a) Outside Controlled Airspace.An aircraft flying outside controlled airspace shall remain at least one mile horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometers: Provided that below 1,000 feet above ground or water this paragraph shall be deemed to be complied with if the aircraft is flown clear of cloud and in sight of the surface in a flight visibility of not less than 1.5 kilometres.
(b) Within Controlled Airspace.An aircraft flying within controlled airspace shall remain at least 1 mile horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 kilometres: Provided that in a control zone, in the case of a special VFR flight, the aircraft shall remain clear of cloud and in sight of the ground or water and shall be flown in accordance with any instructions given by the appropriate air traffic control unit.
For the purpose of this Rule Special VFR flight means a controlled VFR traffic authorized by air traffic control to operate within the control zone under meteorological conditions below the visual meteorological conditions or at night.
The Director may, by order published in the Gazette, vary all or any of the distances mentioned in subparagraph (a) or (b) of paragraph (1) of this Rule.
SECTION VI INSTRUMENT FLIGHT RULES 24.
The Instrument Flight Rules shall be as follows (a) Outside Controlled Airspace.In relation to flights outside controlled airspace rules 25 and 26 shall apply.
193 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) Within Controlled Airspace.In relation to flights within controlled airspace rules 25, 27, 28 and 29 shall apply.
25.
Minimum Height (1) In order to comply with the Instrument Flight Rules an aircraft shall not fly at a height of less than 1,000 feet above the highest obstacle within a distance of 8 kilometres of the aircraft unless otherwise authoriz ed by the Director or unless it is necessary to do so in order to take-off or land.
26.
Semi-Circular Level Rule (1) As far as weather conditions and terrain allow pilots operating in level flight at or above 1,000 feet above mean sea level outside controlled airspace shall be flown at a level appropriate to its magnetic track, in accordance with the appropriate table set forth in this rule.
The level of flights shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Kenya, otherwise published by the competent authority, in relation to the area over which the aircraft is flying.
VFR Flights (2) As far as weather conditions and terrain allow pilots operating in level flight at or above 1,000 feet above ground or water when flying on the magnetic tracks shown in column (1) shall maintain the levels shown in column (2) against these tracks when flown at less than flight level 150.
Magnetic Track Cruising Level (1) (2) 000179 inclusive.
Flight level 15, 35, 55, etc., to 135.
180359 inclusive.
Flight level 25, 45, 65, etc., to 145.
IFR Flights Outside Controlled Airspace (3) (a) Aircraft flying on magnetic tracks shown below in column (1) shall maintain the levels shown in column (2) against these tracks when flown at less than flight level 290.
Magnetic Track Cruising Level (1) (2) 000179 inclusive.
Flight level 10, 30, 50, etc., to 290.
180359 inclusive.
Flight level 20, 40, 60, etc., to 280.
(b) When at or above flight level 290, aircraft flying on magnetic tracks shown below in column (1) shall maintain the levels shown in column (2) against these tracks.
Magnetic Track Cruising Level (1) (2) 000179 inclusive.
Flight level 290, 330, 370, etc.
180359 inclusive.
Flight level 310, 350, 390, etc.
(4) The Director may by order published in the Gazette or in writing replace, amend or add to all or any part of paragraphs (2) and (3) (a), (b) of this rule.
27.
Flight Plan and Air Traffic Control Clearance (1) Irrespective of the flight rules under which an aircraft is to be flown, before an aircraft takes off from any aerodrome which is manned by the Directorate of Civil Aviation, the commander of the aircraft shall cause a flight plan to be submitted thereto in respect of any flight which he intends to make outside the circuit of that aerodrome: [Issue 1] 194 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Provided that where a Through Flight Plan, containing such particulars as may be notified is submitted to and accepted by an air traffic control unit in respect of a flight through a number of intermediate aerodromes, this paragraph shall be deemed to have been satisfied in respect of each sector of the flight: Provided further that the air traffic control unit may, in its discretion, exempt the commander of an aircraft from the requirements of this paragraph in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing.
(2) In order to comply with the Instrument Flight Rules, before an aircraft either takes-off from a point within any controlled airspace, or enters any controlled airspace, or in other circumstances prescribed for this purpose, the commander of the aircraft shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan.
(3) A flight plan shall contain such particulars of the intended flight as may be necessary to enable the air traffic control unit to issue an air traffic control clearance, or for search and rescue purposes.
(4) The commander of the aircraft shall fly in conformity with the air traffic control clearance issued for the flight as amended by any further instructions given by an air traffic control unit, and with the holding and instrument approach procedures, notified in relation to the aerodrome of destination, unless (a) he is able to fly in uninterrupted Visual Meteorological Conditions for so long as he remains in controlled airspace; and (b) he has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with Visual Flight Rules and has requested that unit to cancel his flight plan: Provided that if an emergency arises which requires an immediate deviation from an air traffic control clearance, the commander of the aircraft shall, as soon as possible, inform the appropriate air traffic control unit of the deviation.
(5) The commander of the aircraft after it has flown in controlled airspace shall, unless he has requested the appropriate air traffic control unit to cancel his flight plan, forthwith inform that unit when the aircraft lands within or leaves that controlled airspace.
28.
Position Reports In order to comply with the Instrument Flight Rules the commander of an aircraft in IFR flight who flies in or is intending to enter controlled airspace shall report to the appropriate air traffic control unit the time, and the position and altitude of the aircraft at such reporting points or at such intervals of time as may be notified for this purpose or as may be directed by the air traffic control unit.
29.
Communication Failure In order to comply with the Instrument Flight Rules the commander of an aircraft in IFR flight flying or intending to fly in controlled airspace who is unable to establish or maintain two-way communication with the appropriate air traffic control unit shall (a) continue to fly to his destination if it is possible to do so by flying only in conditions not inferior to those specified in subparagraph (b) of paragraph (1) of rule 23 of these Rules; (b) (i) continue the flight in accordance with the current flight plan to the holding point at the aerodrome of first intended landing, maintain the last acknowledged cruising levels for the portion of the route for which levels had been assigned, and thereafter maintain the cruising levels shown in the flight plan; 195 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (ii) arrange the flight so as to arrive over the holding point at, or as close as possible, to the estimated time of arrival as indicated in the filed flight plan and revised in accordance with current flight plan.
Pilots must follow the appropriate inbound route for the control zone or control area concerned; (iii) if the aircrafts transmitter is thought to be still functioning, transmit position reports on the appropriate frequency when over the routine reporting points; (iv) after arrival over the holding point, commence descent at, or, as close as possible to, the expected approach time last received and acknowledged, or, if no expected approach time has been received and acknowledged, at, or as close as possible to, the estimated time of arrival specified in subparagraph (ii), complete a normal instrument approach procedure as specified for the appropriate navigational aid.; If delay not determined has been given and no EAT, he shall not attempt to land at the destination aerodrome but fly to another aerodrome following prescribed procedures; (v) land within 30 minutes of the time descent should have been started (i.e.
the EAT or ETA referred to in subparagraph (iv)).
If unable to land within this time, but able to complete an approach and landing visuality, do so; if not able to land within the specified time, not to approach and land visually and shall leave the vicinity of the aerodrome and any associated controlled airspace at the specified altitude and on the specified route.
If no altitude or route is specified, fly at the last assigned altitude or minimum sector altitude, whichever is the higher, and avoid areas of dense traffic.
Then either (aa) fly to an area in which flight may be continued in VMC and land at a suitable aerodrome there, or (if this is not possible); (bb) select a suitable area in which to descend through cloud, fly visually to a suitable aerodrome and land as soon as practicable.
SECTION VII AERODROME TRAFFIC RULES 30.
Application of Aerodrome Traffic Rules The rules in this section which are expressed to apply to aeroplanes shall also be observed, so far as is practicable, in relation to all other aircraft.
31.
Visual Signals The commander of an aeroplane on, or in the traffic zone of, an aerodrome shall observe such visual signals as may be displayed at, or directed to him from, the aerodrome by the authority of the Director or if no representative of the Director is present at the aerodrome by the authority of the person in charge of the aerodrome and shall obey any instructions which may be given to him by means of such signals: Provided that he shall not be required to obey the signals referred to in rule 44 of these Rules (Marshalling Signals) if in his opinion it is inadvisable to do so in the interests of safety.
32.
Access to and Movement in the Manoeuvring Area (1) A person or vehicle shall not go on to the manoeuvring area of an aerodrome without the permission of the Director or if no representative of the Director is present at the aerodrome or the person in charge of the aerodrome and except in accordance with any conditions subject to which that permission may have been granted.
[Issue 1] 196 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) A vehicle shall not move on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit and except in accordance with any conditions subject to which that permission may have been granted.
(3) Any permission granted for the purpose of this rule may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicle.
33.
Right of Way on the Ground (1) This rule shall apply to (a) aeroplanes; and (b) vehicles, on the manoeuvring area of a land aerodrome.
(2) Notwithstanding any air traffic control clearance it shall remain the duty of the commander of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.
(3) (a) Aeroplanes and vehicles shall give way to aircraft which are taking off or landing.
(b) Vehicles, and aeroplanes which are not taking off or landing, shall give way to vehicles towing aircraft.
(c) Vehicles which are not towing aircraft shall give way to aircraft.
(4) Subject to the provisions of paragraph (3) of this rule and of paragraph (3) (b) of rule 35 of these Rules, in case of danger of collision between two aeroplanes (a) when two aeroplanes are approaching head-on or approximately so, each shall stop or where practicable alter its course to the right so as to keep well clear; and (b) when the two aeroplanes are on converging course, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it; (c) an aeroplane which is being overtaken shall have the right-of-way, and the overtaking aeroplane shall keep out of the way of the other aeroplane by altering its course to the left until that other aeroplane has been passed and is clear, notwithstanding any change in the relative position of the two aeroplanes.
(d) an aeroplane taxiing on the manoeuvring area of an aerodrome shall give way to aeroplanes taking off or about to take off.
(5) Subject to the provisions of paragraph (3) (b) of this rule a vehicle shall (a) overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle; (b) keep to the left when passing another vehicle which is approaching head-on or approximately so.
[L.N.
27/1985, s.
6.] 34.
Dropping of Tow Rope, etc.
Tow ropes, banners or similar articles towed by aircraft shall not be dropped from aircraft except at an aerodrome and (a) in accordance with arrangements made with an air traffic control unit at the aerodrome or, if there is no such unit, with the person in charge of the aerodrome; or 197 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) in the area designated by the marking described in paragraph (7) of rule 41 of these Rules, and the ropes, banners or similar articles shall be dropped when the aircraft is flying in the direction appropriate for landing.
35.
Aerodromes Not Having Air Traffic Control Units (1) An aircraft shall not fly within a zone which the commander knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an air traffic control unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing.
An aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 500 feet above the level of the aerodrome.
(2) The commander of an aircraft flying in such a zone or moving on such an aerodrome shall (a) conform to the pattern of traffic formed by other aircraft, or keep clear of the airspace in which the pattern is formed; (b) make all turns to the left unless ground signals otherwise indicate; and (c) take-off and land in the direction indicated by the ground signals or, if no such signals are displayed, into the wind, unless good aviation practice demands otherwise.
(3) (a) An aeroplane or glider shall not land on a runway at such an aerodrome unless the runway is clear of other aircraft.
(b) Where take-offs and landings are not confined to a runway (i) an aeroplane or glider when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take-off.
If such an aeroplane or glider is obliged to turn, it shall turn to the left after the commander of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and (ii) an aeroplane about to take-off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking-off or is about to take-off.
(4) An aeroplane after landing shall move clear of the landing area in use as soon as it is possible to do so.
36.
Aerodromes Having Air Traffic Control Units (1) An aircraft shall not fly within a zone which the commander of the aircraft knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome having an air traffic control unit except for the purpose of taking-off, landing or observing the signals area with a view to landing, unless he has the permission of the appropriate air traffic control unit.
(2) The commander of an aircraft flying in the aerodrome traffic zone of an aerodrome having an air traffic control unit or moving on the manoeuvring area of such an aerodrome shall (a) cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; (b) not taxi, take-off or land except with the permission of the air traffic control unit; and (c) comply with the provisions of rule 35 of these Rules as if the aerodrome did not have an air traffic control unit, unless he has the permission of the air traffic control unit at the aerodrome, or has been instructed by such unit, to do otherwise.
[Issue 1] 198 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 37.
Without prejudice to the provisions of rules 20 and 27 of these Rules, the commander of an aircraft shall immediately upon arrival at, or prior to departure from, an aerodrome within Kenya having an air traffic control unit, ensure that such unit is informed of the flight which he has just made or which he is about to undertake.
SECTION VIII AERODROME SIGNALS AND MARKINGS: VISUAL AND AURAL SIGNALS 38.
General (1) Whenever any signal specified in this section is given or displayed, or whenever any marking so specified is displayed, by any person in an aircraft, or at an aerodrome, or at any other place which is being used by aircraft for landing or takeoff, it shall, when given or displayed in Kenya, have the meaning assigned to it in this section.
(2) All dimensions specified in this section of these Rules shall be subject to a tolerance of 10 per cent, plus or minus.
39.
Signals in the Signals Area (1) When any signal specified in the following paragraphs of this rule is displayed it shall be placed in a signals area, which shall be a square visible in all directions bordered by a white stripe one foot wide the internal sides measuring 40 feet.
(2) A white landing T, as illustrated in this paragraph, Fig.
1 signifies that aeroplanes and gliders taking-off or off or landing shall do so in a direction parallel with the shaft of the T and towards the cross arm, unless otherwise authorized by the appropriate air traffic control unit.
(3) A white dumb-bell, as illustrated in this paragraph, Fig.
2 199 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] signifies that movements of aeroplanes and gliders on the ground shall be confined to paved, metalled or similar hard surfaces.
(4) A white dumb-bell as described in (3) above but with a black stripe two feet wide across each disc at right angles to the shaft of the dumb-bell, as illustrated in this paragraph, Fig.
3 signifies that aeroplanes and gliders taking off or landing shall do so on a runway but that movement on the ground is not confined to paved, metalled or similar hard surfaces.
(5) A red and yellow stripped arrow, as illustrated in this paragraph, Fig.
4 the shaft of which is at least three feet wide placed along the whole or not less than a total of 36 feet of two adjacent sides of the signals area and pointing in a clockwise direction signifies that a right-hand circuit is in force.
(6) A red panel ten feet square with a yellow stripe along one diagonal at least twenty inches wide, as illustrated in this paragraph, Fig.
5 [Issue 1] 200 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] signifies that the state of the manoeuvring area is poor and that pilots must exercise special care when landing.
(7) A red panel ten feet square with a yellow stripe, at least twenty inches wide, along each diagonal, as illustrated in this paragraph, Yellow stripes on red Backround Fig.
6 signifies that the aerodrome is unsafe for the movement of aircraft and that landing on the aerodrome is prohibited.
(8) A white letter H, as illustrated in this paragraph, Fig.
7 signifies that helicopters shall take off and land only within the area designated by the marking specified in paragraph (5) of rule 41 of these Rules.
(9) A red letter L displayed on the dumb-bell specified in paragraphs (3) and (4) of this rule, as illustrated in this paragraph, 201 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Fig.
8 signifies that light aircraft are permitted to take off and land either on a runway or on the area designated by the marking in paragraph (6) of rule 41 of these Rules.
(10) A white double cross, as illustrated in this paragraph, Fig.
9 signifies that glider flying is in progress.
40.
Markings for Paved Runways and Taxiways (1) Two or more white crosses, as illustrated in this paragraph, Fig.
10 displayed on a runway or taxiway, with the arms of the crosses at an angle of 45 to the centre line of the runway, at intervals of not more than 1,000 feet signify that the section of the runway or taxiway marked by them is unfit for the movement of aircraft.
[Issue 1] 202 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) A broken white line and a continuous white line, as illustrated in this paragraph, Fig.
11 signify a holding position beyond which no part of an aircraft or vehicle shall project in the direction of the runway without permission from an air traffic control unit.
(3) Orange and white markers, as illustrated in this paragraph, Fig.
12 spaced not more than 150 feet apart, signify the boundary of that part of a paved runway, taxiway or apron which is unfit for the movement of aircraft.
41.
Markings on Unpaved Manoeuvring Areas (1) Markers with orange and white stripes of an equal width of not less than 1 feet, with an orange stripe at each end, as illustrated in this paragraph, 203 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Fig.
13 alternating with flags not less than 2 feet square showing equal orange and white triangular areas, indicate the boundary of an area unfit for the movement of aircraft and one or more white crosses as specified in rule 40(1) of these Rules indicate the said area.
The distance between any two successive orange and white flags shall not exceed 300 feet.
(2) Striped markers, as specified in paragraph (1) of this rule, spaced not more than 150 feet apart, indicate the boundary of an aerodrome.
(3) On structures, markers with orange and white vertical stripes, of an equal width of not less than 1 feet, with an orange stripe at each end, as illustrated in this paragraph, Fig.
14 spaced not more than 150 feet apart, indicate the boundary of an aerodrome.
The pattern of the marker shall be visible from inside and outside the aerodrome and the marker shall be affixed not more than 6 inches from the top of the structure.
(4) White flag rectangular markers 10 feet long and 3 feet wide at intervals not exceeding 300 feet, flush with the surface of the unpaved runway or stopway, as the case may be, indicate the boundary of an unpaved runway or of a stopway.
[Issue 1] 204 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (5) A white letter H, as illustrated in this paragraph, Fig.
15 indicates an area which shall be used only for the taking off and landing of helicopters.
(6) A white letter L, as illustrated in this paragraph, Fig.
16 indicates a part of the manoeuvring area which shall be used only for the taking off and landing of light aircraft.
(7) A yellow cross, with two arms 20 feet long by 3 feet wide at right angles, indicates that tow ropes and similar articles towed by aircraft shall only be dropped in the area in which the cross is placed.
205 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (8) A white double cross, as illustrated in this paragraph, Fig.
17 indicates an area which shall be used only for the taking off and landing of gliders.
(9) A white landing T as specified in paragraph (2) of rule 39 of these Rules placed at the left-hand side of the runway when viewed from the direction of landing indicates the runway to be used and at an aerodrome with no runway it indicates the direction for take- off and landing.
42.
Signals Visible from the Ground (1) A checkered flag or board, 4 feet by 3 feet containing twelve equal squares, four horizontally and three vertically, coloured red and yellow alternately, signifies that aerodrome traffic on the manoeuvring area is subject to control by means of the lights and pyrotechnic signals referred to in rule 43 of these Rules.
(2) Two red balls 2 feet in diameter, disposed vertically one above the other, 2 feet apart and suspended from a mast, signify that glider flying is in progress at the aerodrome.
(3) Black arabic numerals in two-figure groups and, where parallel runways are provided the letter or letters L (left), LC (left centre), C (centre), RC (right centre) and R (right), placed against a yellow background, indicate the direction for take-off or the runway in use.
(4) A black letter C against a yellow background, as illustrated in this paragraph, [Issue 1] 206 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] indicates the position at which a pilot can report to the air traffic control unit or to the person in charge of the aerodrome.
(5) A rectangular green flag of not less than 2 feet square flown from a mast indicates that a right-hand circuit is in force.
43.
Lights and Pyrotechnic Signals for Control of Aerodrome Traffic Each signal described in the first column of Table A, when directed from an aerodrome to an aircraft or to a vehicle, or from an aircraft, shall have the meanings respectively appearing in the second, third and fourth columns of that Table opposite the description of the signal.
TABLE A Characteristic and From an aerodrome From an aircraft in colour of light beam or to an aircraft in flight to an aircraft or vehicle flight to an aerodrome pyrotechnic on the aerodrome (a) Continuous red Do not land: wait for Stop.
light permission.
(b) Red pyrotechnic Do not land: wait for light, or red flare.
permission.
(c) Red flares Do not land: Move clear of land aerodrome not area available for landing.
(d) Green flashes Return to aerodrome: You may move on wait for permission to manoeuvring area.
approach and land.
(e) Continuous green You may land.
You may take off (not light.
applicable to a vehicle).
(f) Continuous green By night; May I land? light, or green By day; May I land in flashes, or green direction different from pyrotechnic light.
that indicated by landing T? (g) White flashes.
Land at this aerodrome Return to starting point I am compelled to land and proceed to apron.
on the aerodrome.
immediately.
Clearance to land and taxi will be given in due course.
(h) Switching on and I am compelled to land off the navigation immediately.
lights.
Switching on and off of landing lights.
44.
Marshalling Signals Each of the signals for the guidance of aircraft manoeuvring on the ground, described in the first column of Table B shall, in Kenya, have the meaning set forth in the second column of that Table opposite the description of the signal.
By day any such signals shall be given by hand or by circular bats and by night by torches or illuminated wands.
207 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] By Night In Daylight continued [Rule 44.] TWELFTH SCHEDULE guidance of TABLE B MEANING OF MARSHALLING SIGNALS Meaning of Signal Proceed underanother marshaller.
Move ahead.
Open up starboard engine orturn to port.
arm gnal m repeatedly i and extended to Description of Sm down, left ar Right or left arm down, the othermoved across bodyindicate position of the othermarshaller.
Arms repeatedly moved upward and backward, beckoning onward.
Right armoved upward and backward.
The speed of arm movements indicates the rate of turn.
(a) (b) (c) [Issue 1] 208 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] By Night In Daylight continued turn to TWELFTH SCHEDULE Meaning of Signal Open up port engine orstar-board.
Stop.
Start engines.
gnal m movement i Description of Sm down, the right arm he speed of ar Left arrepeatedly moved upward and backward.
The speed of arm movement indicates the rate of turn.
Arm repeatedly crossed above the head.
Tindicates the urgency of the stop.
A circular motion of the right hand at head level, with the left arm pointing to the appropriate engine.
(f) (d) (e) 209 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] By Night In Daylight continued TWELFTH SCHEDULE Meaning of Signal Insert chocks.
Chocks away.
Cut engine.
Slow down.
gnal i Description of Sm and hand placed level with Arms extended, the palms facing inwards, then swung from the extended position inwards.
Arms down the palms facing outwards then swung outwards.
Either arthe chest, then moved laterally, with the palm downwards.
Arms placed down, with the palms towards the ground, then moved up and down several times.
(i) (j) (g) (h) [Issue 1] 210 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] By Night In Daylight continued TWELFTH SCHEDULE Meaning of Signal Slow down engines on indicated side.
This bay.
All clear.
Marshalling finished.
gnal i ound, then either the bove the head in a Description of S Arms placed down, with the palms towards the grright or left arm moved up and down indicating that the motors on the left or right side, as the case may be, should be slowed down.
Arms placed avertical position.
The right arm raised at the elbow, with the arm facing forward.
(l) (k) (m) 211 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 45.
Distress Signals (1) The following signals, given either together or separately, signify that an aircraft is threatened by grave and imminent danger and requires immediate assistance (a) by radiotelephonythe spoken word MAYDAY; (b) by visual signalling, radiotelegraphy or any other signalling method (i) the signal SOS in morse code ( - - - ); (ii) a succession of pyrotechnic lights fired at short intervals each showing a single red light; (iii) parachute flare showing a red light; (iv) a continuous sounding with any sound apparatus.
Urgency Signals (2) The following signals, given either together or separately, signify that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance (a) the repeated switching on and off of the aircraft landing lights; (b) the repeated switching on and off its navigation lights, in such a manner as to be clearly distinguishable from the flashing navigation lights described in rule 11 of these Rules.
(3) The following signals, used either together or separately, signify that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight (a) by radiotelephony the spoken word PAN; (b) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX.
46.
Warning Signals to Aircraft in Flight By day and by night in Kenya, a series of projectiles discharged at intervals of ten seconds, each showing, on bursting, red and green lights or stars, shall indicate to an aircraft that it is flying in the vicinity of a restricted, prohibited or danger area and that the aircraft is to take such remedial action as may be necessary.
SECTION IX GROUND LIGHTING 47.
Minimum Ground Lighting (1) The person in charge of any area to which this rule applies shall cause the lighting specified in rule 48 of these Rules to be in operation whenever an aeroplane or glider, flying for the purpose of the public transport of passengers, is taking off or landing at that area by night and during such period before or after the take-off or landing at night as may be necessary to ensure the safety of the aircraft: Provided that, if the area is intended for use only by helicopters, there may be in operation in lieu of the lighting specified in rule 48 of these Rules, such other lighting as will enable the pilot of a helicopter in flight (i) to identify the area; (ii) to determine the landing direction; and (iii) to make a safe approach and landing.
(2) The requirement of paragraph (1) of this rule shall be deemed not to have been contravened if neither the person in charge of the area nor any person acting under his instructions knew or ought reasonably to have known that the aircraft was about to take- off or land.
[Issue 1] 212 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (3) This rule shall apply to any place, whether or not an aerodrome, intended to be used for the taking-off or landing of aircraft or the manoeuvring of aircraft on the ground, but shall not apply to any Government aerodrome or to any aerodromes licensed for use by night, the lighting for which shall be as directed or approved by the Director.
48.
The lighting required by rule 47 of these Rules shall include (1) Emergency lighting; aerodrome beacon; identification beacon; approach lighting systems; circling guidance lights; approach light beacons; runway alignment indicator; runway edge lights; runway threshold and wing bar lights; runway end lights; runway centre line lights; runway touchdown zone lights; stopway lights; taxiway centre line lights; taxiway edge lights; taxiway guidance system lights; stop bar lights; clearance bar lights; apron lighting; boundary lights and obstruction lights.
The lighting so required shall conform to the lighting specified in Annex 14 (Aerodromes) to the Convention on International Civil Aviation Organization and be approved by the Director.
(2) For the purpose of this rule any object, whether permanent or temporary, shall be deemed to be an obstruction if it is likely to endanger aircraft and if it is situated (a) on the part of the manoeuvring area intended for use at night; or (b) within an area extending 61 metres on either side of the centre line of the area intended for landing and taking-off at night; or (c) within 61 metres of the area so intended, if the height of the object is more than one quarter of the distance of the object from the area; or (d) within 16 metres of a lighted taxiway; or (e) within an area of the dimensions illustrated in this subparagraph, being an area at either end of a lighted runway or lighted landing area and if the height of the object, measured above the level of the nearer end of the runway or landing area, is more than one-thirtieth of the distance from the object to the nearest end of the runway or landing area: Provided that a frangible object not more than 3 feet in height above ground shall not be deemed to be an obstruction by reason of this subparagraph; (f) within one nautical mile of the centre of the area intended for use at night for the taking-off, landing or manoeuvring of aircraft on the ground and more than 300 feet above the highest point of the ground within that area.
(3) Nothing in this rule shall be taken to require the lighting of (a) any aircraft displaying navigation lights in accordance with section 111 of Section III of these Rules; (b) in an area set aside for the parking of aircraft, any vehicle which is displaying the lights which are obligatory when it is being driven on a public highway; 213 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (c) any obstruction or part of an obstruction which, by reason of the lighting of other obstructions, is not likely to endanger aircraft in flight.
THIRTEENTH SCHEDULE [Regulation 78.] FEES 1.
Certificate of Registration (Regulation 4(8)) (1) The fees to be paid for the issue of a certificate of registration of an aircraft pursuant to regulation 4(8) shall be determined by the maximum total weight of a given aircraft and the applicable amounts shall be notified by the Director from time to time.For the purpose of this paragraph maximum total weight means the maximum total weight authoriZed in the certificate of airworthiness in force in respect of the aircraft, or if no such certificate is in force in the certificate of airworthiness last in force in respect of that aircraft, or the maximum total weight authoriZed of the prototype or modification thereof to which the aircraft in the opinion of the Director conforms.
2.
Permit for an Aircraft to Fly Without a Certificate of Airworthiness (regulation 6(1)) The fees to be paid in respect of an application for a permit to fly in pursuance of proviso (e) to regulation 6(1) shall be as follows For investigation required by the Director in connexion with the application, a fee of an amount equivalent to the cost of making such investigations but not exceeding a notified rate which is subject to the maximum total weight of the aircraft for any year, or part of a year, of the period required for carrying out the investigation.
For the permit, a fee to be notified from time to time.
For the purpose of this paragraph maximum total weight means the maximum total weight specified in the application for the permit.
3.
Certificate of Airworthiness (regulation 7(1)) Where an application is made for a certificate of airworthiness in respect of an aircraft there shall be paid for the investigations required by the Director in pursuance of regulation 7(1) (not including the investigation of any aircraft engine) a fee of an amount equal to the cost of making the investigation but not exceeding a notified rate which is subject to the maximum total weight of the aircraft for any year, or part of a year, of the period required for carrying out the investigation: Provided that (1) In the case of an aircraft which in the opinion of the Director conforms to a prototype aircraft or to a modification of a prototype aircraft, the fee to be paid shall be as notified from time to time; (2) In the case of an aircraft which in the opinion of the Director is a modification of a prototype aircraft the fee shall not be less than that which would have been payable if paragraph (1) of this proviso had applied.
For the purpose of this paragraph maximum total weight means the maximum total weight specified in the application for the certificate.
[Issue 1] 214 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 4.
Approval of Engine (regulation 7(1)) The fees to be paid in respect of an application for the approval of an engine for the purpose of regulation 7(1) of the Regulations (including any investigations required for the purpose) shall be determined by the output power of the engine and will be notified from time to time.
5.
Renewal of Certificate of Airworthiness (regulation 7(5)) When an application is made for the renewal of a certificate of airworthiness in pursuance of regulation 7(5) of the Regulations the fee to be paid in respect thereof (including any investigations required in connexion with the application) shall be as notified from time to time.
6.
Validation of Certificate of Airworthiness (regulation 7(4) and (5)) The fees to be paid in respect of an application for (a) the issue of a certificate of validation of a certificate of airworthiness in respect of any aircraft in pursuance of regulation 7(4) and (5) of the Regulations (including any investigation required in connexion with the application), shall be the same as the fee which would be paid under paragraph 3 of this Schedule in respect of an application for the issue of a certificate of airworthiness in respect of that aircraft, assuming it to be an aircraft which in the opinion of the Director was a modification of a prototype aircraft; (b) the renewal of such a certificate of validation in pursuance of regulation 7(5) of the Regulations, shall be the same as the fee which would be paid under paragraph 5 of this Schedule in respect of the renewal of a certificate of airworthiness in respect of that aircraft.
7.
Approval of persons (regulations 7(8) and 10(4)(c)) The fee to be paid by a person for the making of inspections of his organization for the purposes of regulation 7(5) of the Regulations shall be as notified from time to time for each branch of the organization which is separately inspected.
8.
Approval in respect of Aircraft and Equipment Including Modification, Repair, etc.
(Excluding Radio Apparatus) (regulations 7(8), 10, 12(2)) The fee to be paid in respect of an application for approval pursuant to any requirement of regulations 7(8), 10(3) and 12(2) shall be an amount equivalent to the cost of making the investigations or as deemed necessary by the Director for a particular purpose.
9.
Approval of Type, etc., of Radio Apparatus (regulation 12(5)) The fee to be paid in respect of an application for the approval by the Director of Radio Apparatus or the manner of the installation thereof, or of any modification of the apparatus or the manner of its installation for the purpose of regulation 13(5) of the Regulations shall be an amount equivalent to the cost of making the investigations or as deemed necessary by the Director for a particular purpose.
10.
Licences for Aircraft Maintenance Engineers and Aircraft Radio Maintenance Engineers (regulation 11) The fees to be paid in respect of a licence as an aircraft maintenance engineer or aircraft radio maintenance engineer in pursuance of regulation 11 of the Regulations shall be as notified from time to time: Provided that the fees specified above shall cover only one examination in respect of the inclusion or extension of a rating in a licence.
215 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 11.
Licences for Flight Crew and Rating therein (regulation 19(1), (3) and (4)) (1) Save as otherwise provided in subparagraph (2) of this paragraph (a) The fees to be paid in respect of applications for licences for members of the flight crew of an aircraft or for the renewal of such licences shall be such amount as the Director may notify from time to time.
(b) The fee for an official flying test (if required) will be such amount as the Director may notify from time to time.
(2) (a) Where, in the case of an application for the grant of renewal of any of the following licences, that is to say Commercial Pilots Licence (Aeroplanes), Senior Commercial Pilots Licence (Aeroplanes), Airline Transport Pilots Licence (Aeroplanes), an aircraft provided by the Director is used for the official flying test, the fees to be paid for such a test shall be such amount as the Director may notify from time to time.
(b) Where an applicant for a licence or for the renewal of a licence or for the grant or renewal of a rating is not required to pass any part of a technical examination or official flying test by reason of his having passed that part on some previous occasion, or for any other reason, the fee to be paid for the technical examination or official flying test, as the case may be, may be reduced by such amount as the Director thinks proper in the circumstances of the case.
(c) The notified fee for a technical examination for the grant of a pilots licence of any class (except a private pilots licence with Group UL, A & B) or for the grant of a flight engineers licence, covers only one type of aircraft and the fee to be paid for a technical examination for each additional type of aircraft shall be such amount as the Director may notify from time to time.
(3) For the purpose of this paragraph Group UL means single engine aeroplanes of which the maximum total weight authorized does not exceed 700 kg.; Group A means helicopters and single engined aeroplanes of which the maximum total weight authorised does not exceed 5,700 kg.; Group B means aeroplanes having two or more engines and whose maximum total weight authorized does not exceed 5,700 kg.; Group C means helicopters and aeroplanes of which the maximum total weight authorized exceeds 5,700 kg.
12.
Extension of Ratings (regulation 19) The fees for technical examination (if required) for the extension of aircraft rating to cover additional types shall be such amount as the Director may notify from time to time.
13.
Aerodrome Licences (regulation 67) Subject to the provisions of this paragraph, the Director shall determine from time to time the amount of fees to be paid in respect of (a) the grant of renewal of a licence; (b) the variation of a licence; (c) an official inspection of the aerodrome whether or not followed by the grant or renewal of a licence: Provided that where any such licence is granted or renewed for a period which will expire within twelve months of the date on which the grant or renewal becomes operative [Issue 1] 216 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] and an application is made for the renewal of the licence, or for the grant of a further licence to the same person for the same aerodrome, for any subsequent period falling within these twelve months, then (a) if the application is for the renewal of the licence without variation or for the grant of a further licence on the same terms as the previous licence, no fee shall be payable in respect of the renewal of grant; and (b) if the application is for the renewal of the licence with variation or for the grant of a further licence on terms different from those of the previous licence, the application shall be treated for the purpose of this paragraph as if it were an application for the variation of a licence.
14.
Validation of a Licence (regulation 20) Where an application is made for the issue of a certificate of validation of a licence under these Regulations fees shall be paid as determined by the Director from time to time.
15.
Copies of Documents The fee to be paid for the issue of a copy of replacement of a document issued under these Regulations shall be as determined by the Director: Provided that for a copy or replacement of a flight manual or performance schedule relating to a certificate of airworthiness the fee shall be an amount equal to the cost of preparing the copy or replacement as the case may be, or as determined by the Director.
FOURTEENTH SCHEDULE [Regulation 17.] AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT The following areas are hereby specified for the purposes of regulation 17(4) of these Regulations Area AArctic All that area north of latitude 67 north, but excluding any part thereof lying within 300 nautical miles of Norway.
Area BAntarctic All that area south of latitude 55 south.
Area CSahara All that area enclosed by rhumb lines joining successively the following points 32 north latitude 03 west longitude.
24 north latitude 14 west longitude.
14 north latitude 14 west longitude.
18 north latitude 28 east longitude.
24 north latitude 28 east longitude.
217 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 28 north latitude 23 east longitude.
32 north latitude 03 west longitude.
Area DArabian Desert All that area enclosed by rhumb lines joining successively the following points 22 north latitude 42 east longitude.
16 north latitude 46 east longitude.
20 north latitude 55 east longitude.
24 north latitude 48 east longitude.
22 north latitude 42 east longitude.
Area ESouth America (Central) All that area enclosed by rhumb lines joining successively the following points 04 north latitude 72 west longitude.
04 north latitude 60 west longitude.
08 south latitude 42 west longitude.
18 south latitude 54 west longitude.
18 south latitude 60 west longitude.
14 south latitude 72 west longitude.
05 south latitude 76 west longitude.
04 north latitude 72 west longitude.
Area FPacific Ocean All that area enclosed by rhumb lines joining successively the following points 55 south latitude 75 west longitude.
20 south latitude 73 west longitude.
05 south latitude 85 west longitude.
05 north latitude 80 west longitude.
15 north latitude 105 west longitude.
30 north latitude 125 west longitude.
55 north latitude 140 west longitude.
67 north latitude 180 west longitude.
60 north latitude 180 west longitude.
20 north latitude 128 west longitude.
20 north latitude 128 east longitude.
04 north latitude 128 east longitude.
00 north latitude 165 west longitude.
55 south latitude 180 west longitude.
55 south latitude 75 west longitude.
Area GAustralia All that area enclosed by rhumb lines joining successively the following points 18 south latitude 123 east longitude.
[Issue 1] 218 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 30 south latitude 118 east longitude.
30 south latitude 135 east longitude.
18 south latitude 123 east longitude.
Area HIndian Ocean All that area enclosed by rhumb lines joining successively the following points 35 south latitude 110 east longitude.
20 south latitude 110 east longitude.
13 south latitude 120 east longitude.
10 south latitude 100 east longitude.
13 north latitude 91 east longitude.
13 north latitude 86 east longitude.
00 north latitude 80 east longitude.
20 north latitude 67 east longitude.
20 north latitude 62 east longitude.
05 south latitude 43 east longitude.
20 south latitude 60 east longitude.
25 south latitude 60 east longitude.
40 south latitude 10 east longitude.
55 south latitude 10 east longitude.
55 south latitude 180 east longitude.
35 south latitude 110 east longitude.
Area INorth Atlantic Ocean All that area enclosed by rhumb lines joining successively the following points 55 north latitude 15 west longitude.
67 north latitude 40 west longitude.
67 north latitude 60 west longitude.
45 north latitude 45 west longitude.
40 north latitude 63 west longitude.
40 north latitude 19 west longitude.
55 north latitude 15 west longitude.
Area JSouth Atlantic Ocean All that area enclosed by rhumb lines joining successively the following points 40 north latitude 63 west longitude.
19 north latitude 63 west longitude.
05 south latitude 30 west longitude.
55 south latitude 55 west longitude.
55 south latitude 10 east longitude.
05 south latitude 10 east longitude.
02 north latitude 05 east longitude.
02 north latitude 10 west longitude.
219 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 15 north latitude 25 west longitude.
40 north latitude 19 west longitude.
40 north latitude 63 west longitude.
Area KNorthern Canada All that area enclosed by rhumb lines joining successively the following points 67 north latitude 130 west longitude.
55 north latitude 115 west longitude.
55 north latitude 70 west longitude.
67 north latitude 60 west longitude.
67 north latitude 130 west longitude.
FIFTEENTH SCHEDULE [Regulation 79, L.N.
27/1985, s.
7.] PENALTIES PART A PROVISIONS REFERRED TO IN PARAGRAPH (5) OF REGULATION 79 Regulation 3.
Regulation 5.
Paragraph (5) of regulation 10.
Regulation 14.
Paragraph (3) of regulation 15.
Regulation 21.
Regulation 23.
Paragraph (5) of regulation 26.
Regulation 23 (except paragraph (2)).
Paragraph (1) of regulation 42.
Regulation 50.
Regulation 56.
Regulation 69.
Regulation 75.
PART B PROVISIONS REFERRED TO IN PARAGRAPH (6) OF REGULATION 79 Regulation 7.
Paragraph (1) of regulation 9.
Regulation 10 (except paragraph (5)).
Regulation 12.
Regulation 13.
Regulation 15 (except paragraph (3)).
Regulation 17.
Regulation 18.
Regulation 22.
[Issue 1] 220 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] Regulation 24.
Regulation 25.
Regulation 26 (except paragraph (5)).
Regulation 27 to 31 inclusive.
Paragraph (3) of regulation 32.
Regulation 33 to 42 inclusive.
Paragraph (2) of regulation 42.
Paragraph (2) of regulation 43.
Regulation 44.
Regulation 45.
Regulation 47 to 49 inclusive.
Regulation 51.
Regulation 53.
Regulation 58 (except paragraph (3)).
Regulation 59 (except paragraph (4)).
Regulation 63.
Regulation 64.
Regulation 65.
Paragraph (3) of regulations 67.
Regulation 71.
Paragraph (1) of regulation 72.
Regulation 72A.
Regulation 73.
Regulation 77.
[L.N.
27/1985, s.
7.] 221 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (JOMO KENYATTA INTERNATIONAL AIRPORT) REGULATIONS, 1981 ARRANGEMENT OF REGULATIONS Regulation 1.
Citation.
2.
Application.
3.
Interpretation.
4.
Conduct at the airport.
5.
Destruction, injury, etc., of public property prohibited.
6.
Entry into restricted areas.
7.
Engaging in business, etc., prohibited.
8.
Conditions of operating aircraft at the airport.
9.
Power of Director to refuse clearance.
10.
Flights and demonstrations to and from the airport.
11.
Conditions for taxiing or moving of aircraft at the airport.
12.
Fire hazards and fuelling operations.
13.
Expenses of forming services.
14.
Obstruction.
15.
Powers of arrest.
16.
Offences and penalties.
17.
Revocation of Sub.
Leg.
SCHEDULE THE JOMO KENYATTA INTERNATIONA AIRPORT 223 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] CIVIL AVIATION (JOMO KENYATTA INTERNATIONAL AIRPORT) REGULATIONS, 1981 [Section 7, L.N.
17/1981.] 1.
Citation These Regulations may be cited as the Civil Aviation (Jomo Kenyatta International Airport) Regulations, 1981.
2.
Application These Regulations shall apply to the aerodrome in the Nairobi area known as the Jomo Kenyatta International Airport whose area of land is as defined in the Schedule.
3.
Interpretation In these Regulations, unless the context otherwise requires airport means the Jomo Kenyatta International Airport; Director means the person for the time being appointed by the Minister as the Director of aerodromes and includes his authorized representative.
4.
Conduct at the airport No person shall, within the airport (a) use any language which is likely to annoy or offend any other person; (b) be intoxicated; (c) behave in an indecent or disorderly manner; (d) drop or leave any litter or rubbish except in a receptacle provided for that purpose; (e) fail to comply with any notice, sign, instruction or direction exhibited, published, issued or distributed by the Director; (f) walk on or otherwise damage any flower-bed or anything growing thereon; or (g) remove, pick or otherwise damage any flower, tree, shrub or plant.
5.
Destruction, injury, etc., of public property prohibited No person shall, without the permission of the Director (a) destroy, injure or deface any building, equipment or other structure, sign or other public property at the airport; (b) alter, add to or erect any building at the airport; (c) tamper or interfere with any aircraft or anything used in connexion with the aircraft; or (d) operate within the airport any device that may cause interference with aircraft or ground communications.
6.
Entry into restricted areas (1) No person shall, except with the permission in writing of the Director (a) enter or be in any part of the airport other than that part to which members of the public are admitted; [Issue 1] 224 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) board or attempt to board any aircraft without the authority or the permission of the person in charge of the aircraft; (c) enter into or remain at the airport in circumstances in which the safety of any aircraft or its passengers or crew are likely to be imperilled; (d) pass over or through a fence, barrier or railing or climb into any building; (e) being the person in charge of a vehicle (i) park the vehicle or permit the vehicle to be parked or remain elsewhere than in a designated parking place; or (ii) fail to remove the vehicle from a designated parking place in which the vehicle is parked when required to do so by a police officer or an airport official.
(2) No person shall, except with the permission of the Director in writing, enter or leave the airport otherwise than by a gate or entrance for the time being provided for the purpose.
7.
Engaging in business, etc., prohibited No person shall, except with the permission of and according to the conditions prescribed by the Director, within the airport (a) engage in any business or commercial activity; (b) drive any vehicle elsewhere than in places provided for the passage or accommodation of vehicles of the same type; (c) drive any vehicle on the apron areas at a speed in excess of 25 kilometres per hour or in a manner likely to cause damage to aircraft or property or injury to persons.
(2) No person shall, except under the authority of a permit issued by the Director and subject to any directions issued by him (a) park a vehicle used for carrying passengers for hire or reward in any area within the airport; or (b) solicit or invite any person to ride in a vehicle used for the purpose of carrying passengers for hire or reward.
(3) Any person who requires a permit for any of the purposes specified in paragraph (2) shall apply in writing to the Director specifying (a) his name and address; (b) make or model and licence number of the vehicle to be used; and (c) a description of the serial or other identifying number of each permit or licence in respect of the vehicle authorizing him to operate the vehicle.
8.
Conditions of operating aircraft at the airport (1) No person shall (a) operate an aircraft at the airport except on the runway and in accordance with the Aerodrome Traffic Rules set out in section VII of the Twelfth Schedule to the Civil Aviation (Air Navigation) Regulations (L.N.
79/1985, Sub-Leg); (b) park an aircraft.in any area of the airport other than an area prescribed by the Director for the parking of aircraft.
(2) No person shall operate an aircraft on the ramp area or at any aircraft parking position or on a runway unless the Director gives his consent to the operation if (a) that person has report or has knowledge of or has been advised of a fire in the aircraft; or 225 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) the brakes of the aircraft are inadequate because of malfunction; or (c) the aircraft has completely lost power on one side.
9.
Power of Director to refuse clearance The Director may delay or restrict any flight or other aircraft operations at the airport in such circumstances as may seem to him to be necessary for the delay or restriction.
10.
Flights and demonstrations to and from the airport (1) No person operating a civilian aircraft may land at or take off from the airport (including touch and go operations) unless he holds at least a private pilots certificate.
(2) No person shall give flight or ground demonstrations at the airport or bring an aircraft to the airport for aerial demonstration within the airport control zone without the written approval of the Director.
11.
Conditions for taxiing or moving of aircraft at the airport (1) No person shall (a) move an aircraft on a runway in a careless or reckless manner; (b) start or run the engine of an aircraft parked on the apron unless there is a qualified and competent person in control of the aircraft and chocks have been placed in front of the aircraft wheels or the aircraft has adequate parking brakes; or (c) run the engine of an aircraft parked at the airport in a manner likely to damage any other aircraft or property or in a manner likely to blow dirt or other material across the runway so as to interfere with visibility or endanger the safety of any other operations at the airport; or (d) run the engine of an aircraft on the ramp areas or at any aircraft parking position for the purpose of testing or maintenance without the knowledge and consent of the Director.
(2) Every person operating an aircraft on any part of the airport which is not under the direction of the air traffic control tower shall comply with the orders, signals and other directions of the Director.
(3) Every person operating a large propeller-driven aircraft shall lower its flaps when taxiing out of the aircraft parking position.
12.
Fire hazards and fuelling operations (1) No person shall within the airport (a) use flammable volatile liquid having a flash point of less 110 degrees Fahrenheit for cleansing purposes in a hangar or other building except as provided in subparagraph (b); (b) use a flammable volatile liquid having a flash point of less than 110 degrees Fahrenheit to clean an aircraft, aicraft engine, propeller or any other appliance on the aircraft unless the cleaning operations are done in the open air or in fire proofed rooms equipped with automatic sprinklers and having adequate and readily accessible fire extinguishing apparatus; (c) smoke or otherwise light any naked light (i) in or near a place where the act is prohibited by a notice exhibited therein or adjacent thereto; or (ii) within fifty metres of an aircraft or of a store of liquid fuel or explosives; or [Issue 1] 226 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (d) store or stock materials or equipment or do anything likely to cause an outbreak of fire or which constitutes a fire hazard; or (e) keep or store any flammable liquid, gas, signal flare or other material on a hangar or other building at the airport, except in rooms or areas specifically approved by the Director or where the material is kept in a safety can approved by the appropriate insurance underwriters.
(2) No person shall fuel or defuel an aircraft at the airport while (a) its engine is running or being warmed by applying external heat; or (b) it is in a hangar or an enclosed space; or (c) it is within fifty metres of any hangar or other building at the airport; or (d) passengers are in the aircraft, unless a passenger loading ramp is in place at the cabin door which is kept open and a cabin attendant is standing at or near the door; or (e) without bonding or grounding the aircraft as appropriate.
(3) Aircraft refuelling vehicles shall be positioned in such manner that (a) accessibility by fire fighting vehicles is not interrupted; (b) a cleared path is maintained to permit rapid removal of refuelling vehicles from an aircraft in an emergency; (c) they do not obstruct evacuation from occupied portions of the aircraft in the event of fire; (d) vehicle engines are not under the wing of the aircraft.
(4) All vehicles performing aircraft servicing functions other than fuel servicing shall not be parked under aircraft wings while refuelling is in progress.
(5) Aircraft-borne auxiliary power units which have an exhaust efflux discharging into the zone shall not be started before filler caps are removed or refuelling connexions made and if an auxiliary power unit is stopped for any reason during a refuelling operation it shall not be restarted until the flow of fuel has ceased and there is no risk of igniting fuel vapours.
(6) Electric tools, drills or similar tools likely to produce sparks or arcs shall not be used and cigarette lighters or matches shall not be carried or used by anyone during refuelling operations.
(7) Refuelling operation shall be suspended during severe lighting disturbances.
(8) Photographic flash bulbs or electric flash equipment shall not be used in immediate vicinity of the fuelling equipment of the fill or vent points of the aircraft.
(9) Rescue and fire fighting service shall be called when any part of an aircraft undercarriage is abnormally heated and no refuelling shall take place until the heat has dissipated.
(10) No person shall start the engine of an aircraft while there is gasoline or other volatile flammable liquid on the ground underneath, or operate a radio transmitter or receiver or switch on or off any electrical appliance on the aircraft while it is being fuelled or defuelled.
(11) Every hose, funnel or apparatus used in the fuelling or defuelling of an aircraft at the airport shall be maintained in a safe, sound and non-leaking condition and shall be properly grounded to prevent the ignition of volatile liquids.
227 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 13.
Expenses of forming services Every operator of an aircraft for which runaway foaming services are at his request provided at the airport shall pay the expenses arising therefrom.
14.
Obstruction (1) No person shall obstruct any person acting in the execution of his duties at the airport.
(2) No person shall obstruct any police officer, security officer or airport officer who is directly or indirectly controlling passengers at the airport or refuse to obey any reasonable request made by such person in the execution of his duty.
15.
Powers of arrest (1) Any airport officer or security officer in uniform or upon production of his authority may arrest without a warrant any person whom he suspects upon reasonable grounds of having committed any offence under these Regulations.
(2) Any airport or security officer arresting any person in accordance with the provisions of paragraph (1) shall hand him over to the nearest police station and the officer in charge of such police station shall deal with him in accordance with the provisions of the Criminal Procedure Code (Cap.
75).
16 Offences and penalties Any person who fails to comply with any of the provisions of these Regulations shall be guilty of an offence and be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
17.
Revocation of Sub.
Leg.
The Aerodrome (Nairobi Airport) Regulations made under the Aerodrome Regulations Act Cap.
397 (1962) are revoked.
SCHEDULE [Regulation 2.] THE JOMO KENYATTA INTERNATIONAL AIRPORT An area of land approximately 3639.57 hectares or 8990.93 acres (excluding the Embakasi Village) lying about 1 miles or 2.4 kilometres to the South-East of the City of Nairobi (taken as a straight line from the city perimeter to the nearest point on the Airport Boundary), the boundaries of which are more particularly defined and delineated on Boundary Plan No.
NBI/C/018 deposited at the Director of Aerodromes Office, Jomo Kenyatta International Airport, Nairobi, and at the Survey Records Office, Survey of Kenya, Nairobi.
[Issue 1] 228 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] USE OF GOVERNMENT AERODROMES NOTICE, 1982 [L.N.
79/1982, L.N.
163/1982, L.N.
228/1992, L.N.
307/1993, L.N.
215/1994, L.N.
91/1995; L.N.
152/1996; L.N.
16/2000.] NOTICE UNDER REGULATION 66 OF THE ABOVE REGULATIONS In accordance with regulation 66 of Civil Aviation (Air Navigation) Regulations the Diretor of Civil Aviation (a) Notifies that the Government aerodromes specified in the Schedule are available, for use as places of landing and departure of aircraft of a weight (being the maximum permissible weight, authorized by the aircraft certificate of airworthiness) in each case not exceeding the maximum weight for the aerodrome.
(b) Revokes L.
N.
No.
307/1977 SCHEDULE [L.N.
16/2000.] Aerodrome Lat.
Long.
Eldoret.
00 32N 35 16E Garissa.
00 28S 39 38E Kisumu.
00 05S 43 44E Kitale.
00 58N 34 57E Lamu (Manda Island).
02 16S 40 55E Malindi.
03 13S 40 06E Moi International.
04 02S 39 35E Jomo Kenyatta International.
01 19S 36 48E Wilson.
01 19S 36 48E Ukunda.
03 42S 38 34E Lokichogio.
04 14N 38 34E 229 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] EXEMPTIONS UNDER PARAGRAPH 20(F) OF THE ABOVE NOTICE [L.N.
129/1979.] The Sight by Wings Organization.
The African Wildlife Foundation.
231 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] PROHIBITED AREA UNDER REGULATION 73 OF THE AIR NAVIGATION REGULATIONS, 1970 [E.A.
L.N.
37/1970.] The whole of the airspace contained within a circle of one nautical mile radius, centred on the Longonot Satellite Communication Station, position 01 00 58 S.
36 39 42 E and extending vertically from ground level to 3,000 feet above ground level.
233 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] AIR NAVIGATION REGULATIONS, 1985 [Regulations 63, L.N.
79/1985, L.N.
144/1985.] [Sub.
Leg.] FLIGHTS TO AERODROMES REQUIRING SPECIAL CLEARANCE In exercise of the powers conferred by regulation 63 of the Air Navigation Regulations, the Director of Civil Aviation orders that no aircraft, other than that operated by the operators specified in the Second Schedule, shall be flown to the aerodromes (which are restricted aerodromes) specified in the First Schedule or their environs, unless the following requirements are complied with 1.
Clearance for the flight shall be applied for and obtained from the Office of the President before engaging in the flight.
2.
An application for clearance may be made to (a) The Duty Officer, Police Headquarters, Nairobi, P.O.
Box 30083, Nairobi or telephoneNairobi 335124; or (b) Provincial Police Headquarters, Mombasa, P.O.
Box 90114, Mombasa, telephoneMombasa 311401; or (c) Provincial Police Headquarters, P.O.
Box 800 Kisumu, telephoneKisumu 2222; or (d) Provincial Police Headquarters, Rift Valley Province, P.O.
Box 41, Nakuru.
telephone- Nakuru 20485; or (e) Provincial Police Headquarters, Eastern Province, P.O.
Box 25, Embu.
telephoneEmbu 20102; or (f) Provincial Police Officer, North Eastern Province, P.O.
Box 2, Garissa.
telephoneGarissa 5, and the following particulars shall be furnished with the application (i) aircraft registration; (ii) aerodrome to which aircraft is to be flown; (iii) date and time of arrival at and departure from the aerodrome; (iv) name(s) of the pilots; (v) name(s) of passengers, but in every case the Director of Civil Aviation shall be furnished with a copy of the application.
3.
Where a flight is intended to proceed to an aerodrome in the North-Eastern Province, clearance shall be sought and obtained not later than forty-eight hours before the stated departure of the flight.
4.
The certificate or letter of clearance in such form as the Director may approve, shall he carried on the aircraft and shall be produced by the pilot whenever required pursuant to a security check at a restricted aerodrome or pursuant to a recall or detention for the purposes of the Civil Aviation (Licensing of Air Services) Regulations (Sub.
Leg.).
235 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] FIRST SCHEDULE Province Aerodrome (All airstrips) NORTH-EASTERN PROVINCE Balamballa Liboi Buna Bura Dif Mandera Elwak Muddo Gashe Garissa Rhamu Giriftu Takoba Gurar Habasweni Ijara Wajir Loiyangalani EASTERN PROVINCE Isiolo Dukana Illeret Kargi Laisamis Marsabit Logologo Merti North Horr North Horr West Sololo Moyale Segel COAST PROVINCE Kiunga (Pilots operating from Kiunga to Malindi may obtain clearance from Officer Commanding Police Division, Malindi) Korokor Manda Manda (Island) Siyu (Patte Island) Mkokoni (Near Kiunga) Mkumbi (Near Mpeketoni) Ngao (Near Garsen) Masalani Dadori Odda RIFT VALLEY PROVINCE Serolevi Wamba Baragoi Ol donyo-Nyiro NYANZA PROVINCE Migori SECOND SCHEDULE [l.N.
144/1985.] EXEMPTED OPERATORS (a) The Armed Forces; (b) The Kenya Police (c) The Directorate of Civil Aviation; (d) Charter companies when on charter to the Government through the Kenya Police Airwing; (e) The Wildlife Conservation and Management Service.
[Issue 1] 236 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] MANDATORY SCREENING OF PASSENGERS AND LUGGAGE In exercise of the powers conferred by regulation 8(1) of the Civil Aviation (Aerodromes) Regulations, 1986 the Director of Aerodromes declares [L.N.
304/1986.] Jomo Kenyatta International Airport, Nairobi; Moi International Airport, Mombasa; Kisumu Airport, Kisumu; Wilson Airport, Nairobi; Malindi Airport, Mailindi; to be aerodromes at which screening of passengers and their cabin luggage shall be mandatory.
237 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] DELEGATION [L.N.
187/1993.] In exercise of the powers conferred by section 18(1) of the Civil Aviation Act, the Director of Civil Aviation delegates his powers of detention, arrest and prosecution under the Act to the Commissioner of Police with effect from the 30th April, 1993.
239 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (INSURANCE) REGULATIONS, 1999 [L.N.
105/1999, L.N.
79/2003, L.N.
18/2006] 1.
These Regulations may be cited as the Civil Aviation (Insurance) Regulations, 1999.
2.
No person shall fly, or cause or permit any other person to fly an aircraft, unless there is in force a policy of insurance in respect of third party risks.
[L.N.
79/2003, s.
2, L.N.
18/2006, s.
2.] 3.
In addition to the insurance cover provided for in paragraph 2, a commercial aircraft shall carry insurance in respect of passenger ability, cargo, baggage and mail risks.
4.
The minimum sum insured in respect of any aircraft insured in accordance with regulation 2 shall be sixty million shillings.
[L.N.
79/2003, s.
3, L.N.
18/2006, s.
3.] 5.
(1) In the case of aircrafts registered in Kenya, a certificate of insurance shall be issued to the person or persons by whom a policy of insurance is effected and shall be issued (a) by a company registered in Kenya under the Insurance Act (Cap.
478), to carry on aviation insurance business of any other company as may be approved by the Commissioner of Insurance from time to time; (b) by an authorized employee of a licensed aviation insurer and under the insurers common seal; (c) for a period commencing not earlier than the date on which liability under the insurance policy to which it relates commences and ending not earlier than the expiry date of such policy.
(2) A certificate of insurance issued under paragraph (1) shall be valid for not more than one year from the date of issue.
6.
A certificate of insurance shall be in the Form specified in the Schedule.
7.
(1) A temporary certificate of insurance may be issued to a person for the purpose of enabling him to either (a) obtain registration of, and an air service licence for an aircraft not previously registered; or (b) obtain registration of change of ownership of an aircraft.
(2) A temporary certificate of insurance shall (a) be valid for thirty (30) days from date of issue; (b) indicate the registration number or such identification as may be directed by the registration authorities from time to time.
(3) Not more than one temporary certificate or insurance shall be issued in respect of any one of the circumstances referred to in paragraphs (a) and (b) of paragraph (1).
8.
(1) An aircraft registered in Kenya shall when in flight have on board a valid certificate of insurance, except that, if the flight is intended to commence and end at the same aerodrome and does not include passage over the territory of any other State than Kenya, the certificate may be kept at the aerodrome instead of being carried aboard the aircraft.
(2) A certificate of insurance shall be removed on expiry and replaced with a certificate of current validity.
241 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 9.
(1) A Commander of an aircraft shall within a reasonable period after being requested to do so by an authorized officer cause to be produced to that officer a valid certificate of insurance.
(2) An authorized officer for the purpose of this paragraph means the Director of Civil Aviation or any other officer deputed by him, in writing to carry out the functions of this Act.
10.
(1) A licensing officer shall issue a licence under the Civil Aviation (Licensing of Air Services) Regulations only if he is satisfied that the aircraft is insured against risks as specified under regulations 2 and 3.
(2) An applicant shall as a condition for the grant of a licence as specified in paragraph (1) produce the original and certified copy of the insurance certificate for verification by the Authority where the certificate is issued by a locally registered insurer, and by the Commissioner where the certificate is issued by an insurer who is not registered in Kenya.
[L.N.
79/2003, s.
4.] SCHEDULE CERTIFICATE OF INSURANCE (Pursuant to Civil Aviation Insurance Regulations) Serial No.
AVN 000000 This is to certify that the aircraft with the details printed hereunder, is insured against the risks stipulated under the Civil Aviation Insurance Regulations.
1.
Name(s) of policy holder(s) (a) (b) 2.
Period of insurance Commencing.
Expiring.
3.
Policy number 4.
Aircraft registration No.
5.
Category of use/private/ commercial.
6.
Territorial limit 7.
Aircraft seating capacity:.
Passengers (maximum) 8.
Payload capacity.
KG (maximum) Issuing company.
Signed on.
day of.
year.
Authorized signatory.
(under companys common seal) * In black print on a yellow background [Issue 1] 242 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] VESTING ORDER [L.N.
173/2006.] In exercise of the powers conferred by section 7K(2) of the Civil Aviation Act, the Minister for Transport orders that (a) all movable and immovable property and assets which as at the 24th October, 2002, were held by the Government on behalf of the Directorate of Civil Aviation shall by virtue of this notice, vest in the Kenya Civil Aviation Authority; (b) all rights, obligations and liabilities which immediately before the 24th October, 2002, attached to the Government on behalf of the Directorate of Civil Aviation shall be deemed to be the rights, obligations and liabilities of the Kenya Civil Aviation Authority; (c) all references to the Directorate of Civil Aviation in any agreement or instrument signed by the Government for the benefit or the Directorate as at the 24th October, 2002, relating to any property, assets, rights, obligations or liabilities transferred under paragraph (a), shall be read as references to the Kenya Civil Aviation Authority.
243 [Issue 1] [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT) REGULATIONS, 2007 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY Regulation 1.
Citation.
2.
Interpretation.
PART II GENERAL REQUIREMENTS FOR AIRCRAFT EQUIPMENT AND INSTRUMENTS 3.
General instrument and equipment requirements.
PART III FLIGHT AND NAVIGATIONAL INSTRUMENTS 4.
General flight requirements.
5.
Navigation equipment.
6.
Minimum flight and navigational instruments: visual flight rules operations.
7.
Instruments for operations requiring two pilots: visual flight rules operations.
8.
Minimum flight and navigation instruments for instrument flight rules operations.
9.
Additional systems and equipment for single-engine turbine-powered aeroplanes: night and instrument meteorological conditions operations.
10.
Instruments for operations requiring two pilots in instrument flight rules operations.
11.
Standby altitude indicator.
12.
Instruments and equipment required for Category II operations.
13.
Approval and maintenance of instruments and equipment required for Category II operations.
14.
Maintenance programme for instruments and equipment required for Category II operations.
15.
Navigation equipment for operations in minimal navigation performance specification airspace.
16.
Equipment for operations in reduced vertical separation minimum airspace.
PART IV COMMUNICATION EQUIPMENT 17.
Radio equipment.
18.
Airborne collision avoidance system.
19.
Altitude reporting transponder.
20.
Crew member interphone system: aeroplane.
21.
Crew member interphone system: helicopter.
PART V INSTRUMENTS AND EQUIPMENT 22.
Aircraft lights and instrument illumination.
23.
Engine instruments.
Warning Instruments and Systems 24.
Machmeter and speed warning devices.
25.
Loss of pressurisation device.
26.
Landing gear: aural warning device.
27.
Altitude alerting system.
245 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] Regulation 28.
Ground proximity warning system.
29.
Weather radar.
PART VI FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER 30.
Cockpit voice recorders: aeroplane.
31.
Cockpit voice recorders: duration aeroplane.
32.
Cockpit voice recorders: general requirements aeroplane.
33.
Cockpit voice recorders: helicopters.
34.
Cockpit voice recorders: duration helicopters.
35.
Cockpit voice recorders: performance requirements.
36.
Cockpit voice recorders: inspections.
37.
Flight data recorders.
38.
Flight data recorders: aeroplanes.
39.
Flight data recorders: helicopters.
40.
Flight data recorder duration.
41.
Flight data recorder: information recorded.
42.
Recording of data link communication.
PART VII EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT 43.
Emergency equipment: all aircraft.
44.
Means for emergency evacuation.
45.
Emergency lighting.
46.
Exits.
47.
Flights over designated land areas: all aircraft.
48.
Survival equipment.
49.
Emergency locator transmitter: aeroplanes.
50.
Emergency locator transmitter: helicopters.
51.
Portable fire extinguishers.
52.
Lavatory fire extinguisher.
53.
Lavatory smoke detector.
54.
Crash axe.
55.
Marking of break-in points.
56.
First-aid and emergency medical kit.
57.
Supplemental oxygen: pressurised aeroplanes.
58.
Oxygen equipment and supply requirements.
59.
Supplemental oxygen: non-pressurised aircraft.
60.
Oxygen supply requirements for non-pressurised aircraft.
61.
Protective breathing equipment.
62.
First-aid oxygen dispensing units.
63.
Megaphones for an aeroplane.
64.
Megaphones for helicopters.
65.
Individual flotation devices.
66.
Liferafts.
67.
Lifejackets for helicopters.
68.
Flotation devices for helicopter ditching.
[Issue 1] 246 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] PART VIII MISCELLANEOUS SYSTEMS AND EQUIPMENT Regulation 69.
Seats, safety belts and shoulder harnesses.
70.
Passenger and pilot compartment doors.
71.
Passenger information signs.
72.
Public address system.
73.
Materials for cabin interiors.
74.
Materials for cargo and baggage compartments.
75.
Power supply, distribution and indication system.
76.
Protective circuit fuses.
77.
Aeroplanes in icing conditions.
78.
Icing detection.
79.
Pitot indication systems.
80.
Static pressure system.
81.
Windshield wipers.
82.
Chart holder.
83.
Cosmic radiation detection equipment.
84.
Seaplanes and amphibians: miscellaneous equipment.
PART IX GENERAL 85.
Possession of certificate, authorisation, etc.
86.
Drug and alcohol testing and reporting.
87.
Problematic use of psychoactive substances.
88.
Inspection of certificate of registration.
89.
Change of name.
90.
Change of address.
91.
Replacement of documents.
92.
Certificate suspension and revocations.
93.
Use and retention of certificates and records.
94.
Reports of violation.
95.
Enforcement of directions.
96.
Aeronautical user fees.
97.
Application of regulations to Government and visiting forces, etc.
98.
Extra-territorial application of Regulations.
PART X EXEMPTIONS 99.
Requirements for application for exemption.
100.
Substance of the request for exemption.
Review, Publication and Issue at Denial of the Exemption 101.
Initial review by the Authority.
102.
Evaluation of the request.
PART XI OFFENCES AND PENALTIES 103.
Contravention of Regulations.
104.
Penalties.
247 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] PART XII SAVINGS AND TRANSITIONAL PROVISIONS Regulation 105.
Savings.
106.
Transitional provisions.
SCHEDULES FIRST SCHEDULE FLIGHT DATA RECORDER INFORMATION TO BE RECORDED SECOND SCHEDULE PENALTIES [Issue 1] 248 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT) REGULATIONS, 2007 [L.N.
30/2007.] PART I PRELIMINARY 1.
Citation These Regulations may be cited as the Civil Aviation (Instruments and Equipment) Regulations, 2007.
2.
Interpretation In these Regulations unless the context otherwise requires aerodrome means a defined area on land or water, including any buildings, installations and equipment used or intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; aeroplane means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; aircraft means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earths surface; air operator certificate means a certificate authorising an operator to carry out specified commercial air transport operations; appropriate Authority (a) in relation to an aircraft, means the Authority which is responsible for approval of design and issuance of a type certificate; (b) in relation to the content of a medical kit, means the State Registry; (c) in relation to Kenya, means the Director General of the Authority; approved standard means a manufacturing design, maintenance, or quality standard approved by the Authority; Authority means the Kenya Civil Aviation Authority; calibration means a set of operations, performed in accordance with a definite documented procedure, that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard, or aircraft component tested; Category II operations means a precision instrument approach and landing with a decision height lower than 60 m (200 ft), but not lower than 30 m (10 ft), and a runway visual range not less than 350 m; Class 3 helicopter means a helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing shall be performed; commercial air transport means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire; critical engine means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft; 249 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] flight crew member means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period; 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; 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 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, and may be associated with special operating conditions, limitations or procedures, and provides the basis for development, review, and approval by the Authority of individual operators minimum equipment list; minimum equipment list 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 metres; operator means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation; operational flight plan means the operators 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 practice 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 or Technical Standard Order; pressurised aircraft means an aircraft fitted with means of controlling outflow 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; 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 [Issue 1] 250 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 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 powerplants; 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.
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 Kenya, unless the aircraft is equipped as specified under these Regulations.
(3) A person may fly an aircraft registered in Kenya with such additional or special equipment as the Authority may determine.
(4) A person operating an aircraft in Kenya shall ensure that all the required emergency equipment is installed on board the aircraft, is clearly marked, and is stowed or maintained so as not to be 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) All required instruments and equipment of an aircraft shall be approved and installed in accordance with applicable airworthiness requirements.
(7) Prior to operation in 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 the instruments and equipment required by these Regulations not installed in the aircraft are properly installed and inspected in accordance with the requirements of the State of Registry.
(8) An air operator certificate 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.
(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.
251 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] PART III FLIGHT AND NAVIGATIONAL INSTRUMENTS 4.
General flight 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) Instruments that are used by any one flight crew member of an aircraft shall be so arranged as to permit the flight crew member to see the indications readily from his station, with the minimum practicable deviation from the position and line of vision which the flight crew member 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 which shall enable it to proceed in accordance with (a) the operational flight plan; (b) prescribed required navigational performance types; and (c) the requirements of air traffic services.
(2) The requirements of subregulation (1) 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.
(3) A person shall not 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.
(4) 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.
Minimum flight and navigational instruments: visual flight rules operations An operator shall not operate an aircraft by day in accordance with visual flight rules unless it is equipped with the following flight and navigational instruments and associated equipment where applicable (a) a magnetic compass; (b) an accurate timepiece showing the time in hours, minutes, and seconds; (c) a sensitive pressure altimeter calibrated in feet with a subscale 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 co-ordinator incorporating a slip indicator; (g) an altitude indicator; [Issue 1] 252 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (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, the instruments prescribed in paragraphs (f), (g) and (h) and regulation 7(1)(d), (e) and (f), may all be replaced by either a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator, or both an altitude indicator and a slip indicator; (k) a secondary surveillance radar 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.
Instruments for operations requiring two pilots (visual flight rules operations) (1) An operator shall not operate an aircraft that requires two pilots to operate unless each pilots 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 altitude 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 pitot tube or equivalent means for preventing malfunction due to either condensation or icing for (a) aeroplanes with a maximum certificated take-off mass of over 5,700 kilograms 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 kilograms 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) Whenever two pilots are required to operate an aircraft, the aircraft (a) shall be equipped with means for indicating when power is not adequately supplied to the required flight instruments; and (b) with compressibility limitations not otherwise indicated by the required airspeed indicators shall be equipped with a Mach number indicator at each pilots station.
(5) Whenever two pilots are required to operate an aircraft an operator shall not conduct visual flight rules operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on cockpit duty.
253 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 8.
Minimum flight and navigational instruments for instrument flight rules operations (1) A person shall not fly an aircraft under instrument flight rules 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 altimeters 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 indicating system with a means of preventing malfunctioning due to either condensation or icing; (e) a turn and slip indicator; (f) an altitude indicator (artificial horizon); (g) a heading indicator (directional gyroscope); (h) a means of indicating whether the supply of power to the gyroscope pilot in command instruments is adequate; (i) a means of indicating in the flight crew compartment the outside air temperature; (j) vertical speed indicator; (k) two independent static pressure systems, except that for propeller-driven aeroplanes with maximum certificated take-off mass of 5,700 kilograms or less, one static pressure system and one alternate source of static pressure is allowed; and (l) a secondary surveillance radar transponder with mode C, except gliders, airships, kites and aircraft whose original certification does not include an engine-powered electrical system and has not been subsequently certified for installation of such a system.
(2) A person shall not operate an aeroplane under instrument flight rules unless the aeroplane is equipped with navigation equipment in accordance with the requirements of air traffic services in the areas of operation, but not less than (a) one very high frequency omnidirectional radio range receiving system, automatic directional finder system, one distance measuring equipment, one marker beacon receiving system; (b) one instrument landing system or microwave landing system where instrument landing system or microwave landing system is required for approach navigation purposes; (c) an area navigation system when area navigation is required for the route being flown; (d) an additional very high frequency omnidirectional radio range receiving system on any route, or part thereof, where navigation is based only on very high frequency omnidirectional radio range receiving signals; and (e) an additional automatic direction finder system on any route, or part thereof, where navigation is based only on non-directional beacon signals.
(3) All aircraft intended to land in instrument meteorological conditions or at night shall be provided with radio navigation equipment capable of receiving signals providing guidance to (a) a point from which a visual landing can be effected; [Issue 1] 254 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) each aerodrome at which it is intended to land in instrument meteorological conditions; and (c) any designated alternate aerodromes.
(4) An air operator certificate holder shall not conduct single pilot instrument flight rules operations unless the aeroplane is equipped with an autopilot with at least altitude hold and heading mode.
(5) An aircraft shall be sufficiently provided with navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment will enable the aeroplane to navigate in accordance with these Regulations.
9.
Additional systems and equipment for single-engine, turbine-powered aeroplanes: night and instrument meteorological conditions operations Single-engine, turbine-powered aeroplanes approved by the Authority to operate at night or in instrument meteorological conditions shall be equipped with the following systems and equipment intended to ensure continued safe flight and to assist in achieving a safe forced landing after an engine failure, under all allowable operating conditions (a) two separate electrical generating systems, each one capable of supplying all probable combinations of continuous in-flight electrical loads for instruments, equipment and systems required at night or in instrument meteorological conditions; (b) a radio altimeter; (c) an emergency electrical supply system of sufficient capacity and endurance, following loss of all generated power, to as a minimum (i) maintain the operation of all essential flight instruments, communication and navigation systems during a descent from the maximum certificated altitude in a glide configuration to the completion of a landing; (ii) lower the flaps and landing gear, if applicable; (iii) provide power to one pitot heater, which must serve an air speed indicator clearly visible to the pilot; (iv) provide for operation of the landing light specified in (j); (v) provide for one engine restart, if applicable; and (vi) provide for the operation of the radio altimeter; (d) two altitude indicators, powered from independent sources; (e) a means to provide for at least one attempt at engine re-start; (f) airborne weather radar; (g) a certified area navigation system capable of being programmed with the positions of aerodromes and safe forced landing areas, and providing instantly available track and distance information to those locations; (h) for passenger operations, passenger seats and mounts which meet dynamically-tested performance standards and which are fitted with a shoulder harness or a safety belt with a diagonal shoulder strap for each passenger seat; (i) in pressurised aeroplanes, sufficient supplemental oxygen for all occupants for descent following engine failure at the maximum glide performance from the maximum certificated altitude to an altitude at which supplemental oxygen is no longer required; 255 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (j) a landing light that is independent of the landing gear and is capable of adequately illuminating the touchdown area in a night forced landing; and (k) an engine fire warning system.
10.
Instruments for operations requiring two pilots in instrument flight rules operations An operator shall not operate an aircraft that requires two pilots to operate unless the second pilots station has separate instruments as follows (a) a sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals or millibars, adjustable for any barometric pressure likely to be set during flight; (b) an airspeed indicating system with a means of preventing malfunctioning due to either condensation or icing; (c) a vertical speed indicator; (d) a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator; (e) an altitude indicator; and (f) a stabilised direction indicator.
11.
Standby altitude indicator (1) A person shall not operate an aeroplane with a maximum certificated take-off mass of over 5,700 kilograms, or a helicopter of performance Class 1 and 2 operated under instrument flight rules unless it is equipped with a single standby altitude indicator (artificial horizon) that (a) operates independently of any other altitude indicating system; (b) is powered continuously during normal operation; (c) after a total failure of the normal electrical generating system, is automatically powered for a minimum of thirty minutes from a source independent of the normal electrical generating system; and (d) is appropriately illuminated during all phases of operation.
(2) Where the standby altitude indicator referred to in subregulation (1) (a) is being operated by emergency power, it shall be clearly evident to the flight crew; (b) has its own dedicated power supply there shall be an associated indication, either on the instrument or on the instrument panel when this supply is in use.
(3) Where the standby altitude instrument system is installed and usable through flight altitudes of 360 of pitch and roll, the turn and slip indicators may be replaced by slip indicators.
12.
Instruments and equipment required for Category II operations (1) A person shall not fly an aircraft in a Category II operation unless the aircraft is fitted with the following instruments and equipment (a) two localiser and glide slope receiving systems; (b) a communications system that does not affect the operation of at least one of the instrument landing system systems; (c) a marker beacon receiver that provides distinctive aural and visual indications of the outer and the middle markers; (d) two gyroscope pilot-in-command pitch and bank indicating systems; [Issue 1] 256 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (e) two gyroscope pilot-in-command direction indicating systems; (f) two airspeed indicators; (g) two sensitive altimeters adjustable for barometric pressure, having markings at twenty foot intervals and each having a placarded correction for altimeter scale error and for the wheel height of the aircraft; (h) two vertical speed indicators; (i) the flight control guidance system may be operated from one of the receiving systems required by paragraph (a) that consists of either (i) flight director system capable of displaying computed information as steering command in relation to an instrument landing system localiser and, on the same instrument, either computed information as pitch command in relation to an instrument landing system glide slope or basic instrument landing system glide slope information; or (ii) an automatic approach coupler capable of providing at least automatic steering in relation to an instrument landing system localiser; (j) for Category II operations with decision heights below 150 feet, either a marker beacon receiver providing aural and visual indications of the inner marker or a radio altimeter; (k) warning systems for immediate detection by the pilot of system faults in the items specified in paragraphs (a), (d), (e) and (i) and, if installed for use in Category III operations, the radio altimeter and autothrottle system; (l) dual controls; (m) an externally vented static pressure system with an alternate static pressure source; (n) a windshield wiper or equivalent means of providing adequate cockpit visibility for a safe visual transition by either pilot to touchdown and rollout; and (o) a heat source for each airspeed system pitot tube installed or an equivalent means of preventing malfunctioning due to icing of the pitot system.
(2) The instruments and equipment specified in this regulation shall be approved in accordance with the provisions of the Maintenance Programme referred under regulation 13 before being used in Category II operations.
13.
Approval and maintenance of instruments and equipment required for Category II operations (1) A person shall not fly an aircraft unless the instruments and equipment required by regulation 11 have been approved as provided in this Regulation for use in Category II operations.
(2) Before presenting an aircraft for approval of the instruments and equipment, the operator shall show within the twelfth month of the date of submission (a) the instrument landing system localiser and glide slope equipment were bench checked according to the manufacturers instructions and found to meet the standards specified by the Authority; (b) the altimeters and the static pressure systems were tested and inspected and found to meet the requirements of the manufacturers maintenance manual; and (c) all other instruments and items of equipment specified in this regulation that are listed in the proposed maintenance program were bench checked and found to meet the manufacturers maintenance manual.
257 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (3) All components of the flight control guidance system shall be approved as installed by the evaluation program specified in this regulation if they have not been approved for Category III operations under applicable type or supplemental type certification procedures.
(4) Any subsequent changes to make, model, or design of the components shall be approved by the Authority and related systems or devices, such as the autothrottle and computed missed approach guidance system, shall be approved in the same manner if they are to be used for Category II operations.
(5) A radio altimeter shall meet the performance criteria of this subregulation for original approval and after each subsequent alteration (a) it shall display to the flight crew clearly and positively the wheel height of the main landing gear above the terrain; (b) it shall display wheel height above the terrain to an accuracy of 5 feet or 5 per cent, whichever is greater, under the following conditions (i) pitch angles of zero to 5 about the mean approach altitude; (ii) roll angles of zero to 20 in either direction; (iii) forward velocities from minimum approach speed up to 200 knots; and (iv) sink rates from zero to fifteen feet per second at altitudes from one hundred to two hundred feet; (c) over level ground, it shall track the actual altitude of the aircraft without significant lag or oscillation; (d) with the aircraft at an altitude of two hundred feet or less, any abrupt change in terrain representing no more than ten per cent of the aircrafts altitude shall not cause the altimeter to unlock, and indicator response to such changes shall not exceed 0.1 second and if the system unlocks for greater changes, it shall reacquire the signal in less than one second; (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 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 the instruments and equipment.
(7) (a) Approval by evaluation shall be 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; a successful approach is one in which (aa) 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 autothrottles are used); [Issue 1] 258 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (bb) 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; (cc) deviation from glide slope after leaving the outer marker does not exceed fifty per cent of full-scale deflection as displayed on the instrument landing system indicator; (dd) no unusual roughness or excessive altitude changes occur after leaving the middle marker; and (ee) 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 prevented 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.
(9) A final evaluation of the flight control guidance system shall be made upon successful completion of the demonstrations and if no hazardous tendencies have been displayed or are otherwise known to exist, the system shall be approved as installed.
(10) Any bench check required by this Regulation and regulation 14 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 manufacturers specifications unless otherwise specified in the approved Category II manual for the aircraft in which the instrument or item of equipment is installed.
259 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 14.
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 12 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 under paragraph (e) within three months after the date of the previous inspection, subject to the following (i) the inspection shall be performed by a person authorised by the Civil Aviation (Airworthiness) Regulations, 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 aircraft checked; (c) a schedule that provides for the performance of bench checks for each listed instrument and equipment that is specified in regulation 12 within twelve months after the date of the previous bench check; (d) 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; (e) 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 12 to perform as approved for Category II operations, including a procedure for recording functional flight checks; (f) a procedure for assuring that the pilot is informed of all defects in listed instruments and items of equipment; (g) 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; (h) 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 (i) a bench check required by this regulation shall comply with the requirements specified in regulation 13 (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.
15.
Navigation equipment for operations in minimal navigation performance specification airspace (1) An air operator certificate holder shall not operate an aeroplane minimal navigation performance specification 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 [Issue 1] 260 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) has been authorised by the State of Registry for minimal navigation performance specification operations concerned.
(2) All equipment referred to in subregulation (1) shall comply with the minimal navigation performance specification prescribed in International Civil Aviation Organisation Doc 7030 Regional Supplementary Procedures.
(3) The navigation equipment required for air operator certificate holder operations in minimal navigation performance specification airspace shall be visible and usable by either pilot seated at his duty station.
(4) For unrestricted operation in minimal navigation performance specification airspace, an aeroplane operated by an air operator certificate holder shall be equipped with two independent long-range navigational systems.
(5) For operation in minimal navigation performance specification airspace along notified special routes, an aeroplane operated by an air operator certificate holder shall be equipped with one long range navigational systems, unless otherwise specified.
16.
Equipment for operations in reduced vertical separation minimum airspace (1) A person shall not operate an aeroplane in reduced vertical separation minimum airspace unless it is equipped 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 90 metres (300 feet); and (d) automatically reporting pressure-altitude.
(2) The equipment referred to in subregulation (1) shall comply with minimum requirements prescribed in International Civil Aviation Organisation Doc 9574 Manual for the implementation of a 300 metres (1000 feet) vertical separation minimum between flight level 290 and flight level 410 inclusive.
PART IV COMMUNICATION EQUIPMENT 17.
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) The Authority may in any particular case direct that an aircraft registered in 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.
(3) All aircraft operated under visual flight rules or instrument flight rules 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 instrument flight rules, or visual flight rules over routes that cannot be navigated by reference to visual landmarks, unless the 261 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] aeroplane 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 air operator certificate holder is required to use more than one communications 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 instrument flight rules unless the aircraft is equipped with an audio selector panel accessible to each required flight crew member.
(8) An air operator certificate holder shall not conduct single pilot instrument flight rules 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 instrument flight rules 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 with this regulation in any aircraft registered in Kenya shall be maintained in a serviceable condition.
(11) All radio equipment installed in any aircraft registered in 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 licensed by the Communication Commission of Kenya, 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 crew member flight duty station.
18.
Airborne collision avoidance system A person shall not fly a turbine-engined aeroplane of a maximum certificated take-off mass of over 5,700 kilograms or authorised to carry more than nineteen passengers unless the aeroplane is equipped with an airborne collision avoidance system.
19.
Altitude reporting transponder (a) A person shall not operate an aeroplane or helicopter in airspace that requires a pressure-altitude reporting transponder unless that equipment is operative.
(b) A person shall not operate an aeroplane in RVSM airspace unless it is equipped with a system that is automatically reporting pressure altitudes.
(c) A person shall not operate an aeroplane or helicopter in commercial air transport unless it is equipped with a pressure-altitude reporting transponder that operates in accordance with the air traffic control requirements.
[Issue 1] 262 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 20.
Crew member interphone system: aeroplane (1) An air operator certificate holder shall not operate an aeroplane on 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 air operator certificate holder shall not operate an aeroplane with a maximum certified take-off mass exceeding 15,000 kilograms or having a maximum approved passenger seating configuration of more than nineteen unless it is equipped with a crew member interphone system that (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 deck level; and (iii) remote crew compartment that is not on the passenger deck 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 crew member 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 crew members to alert the cabin crew and for use by cabin crew members 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.
21.
Crew member interphone system: helicopter An air operator certificate holder shall not operate a helicopter carrying a crew member other than a flight crew member unless it is equipped with a crew member 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 crew member 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 crew members 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.
263 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] PART V INSTRUMENTS AND EQUIPMENT 22.
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; and (iv) an electric torch for each required crew member readily accessible to a crew member when seated at his designated station; and (b) for flight by night, in addition to the equipment specified in regulation 8 (i) the lights required by the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations 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 crew member station; and (v) two landing lights or a single light having two separately energised filaments.
23.
Engine instruments (1) A person shall not conduct 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 [Issue 1] 264 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (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 air operator certificate 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.
Warning Instruments and Systems 24.
Machmeter and speed warning devices (1) A person shall not operate an aeroplane with compressibility limitations not otherwise indicated by the required airspeed indicator unless the aeroplane is equipped with a machmeter at each pilot station.
(2) A person shall not operate an aeroplane 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 exceed V plus 6 knots or M + 0.01.
MO MO 25.
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 376hPa unless the aircraft is equipped with a device to provide positive warning to the flight crew of any dangerous loss of pressurisation.
26.
Landing gear: aural warning device (1) A person shall not operate an aeroplane equipped with a retractable landing gear unless the aeroplane has a landing gear aural warning device that functions continuously under the following conditions (a) for aeroplanes with an established approach wing-flap position, whenever the wing flaps are extended beyond the maximum certified approach or climb configuration position in the Aeroplane Flight Manual and the landing gear is not fully extended and locked; and (b) for aeroplanes 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; 265 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (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 aeroplane.
27.
Altitude alerting system (1) A person shall not operate a turbojet-powered aeroplane unless that aeroplane 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 aeroplane in which it is installed; (c) pre-select altitudes in increments that are commensurate with the altitudes at which the aircraft is operated; (d) be tested without special equipment to determine proper operation of the alerting signals; and (e) accept necessary barometric pressure settings if the system or device operates on barometric pressure, however, for operation below 3,000 feet above ground level, the system or device need only provide one signal, either visual or aural, to comply with this paragraph; a radio altimeter may be included to provide the signal if the operator has an approved procedure for its use to determine decision height or minimum deviation altitude, as appropriate.
(3) An operator to which this Regulation applies shall establish and assign procedures for the use of the altitude alerting system or device and each flight crew shall comply with those procedures assigned to him.
28.
Ground proximity warning system (1) A person shall not fly a turbine-engined aeroplane of a maximum certificated take- off mass of over 5,700 kilograms or authorised to carry more than nine passengers unless the aeroplane is equipped with a ground proximity warning system.
(2) All turbine-engined aeroplanes of a maximum certificated take-off mass of over 15,000 kilograms or authorised to carry more than thirty passengers shall be equipped with a ground proximity warning system which has a forward looking terrain avoidance function.
(3) All turbine-engined aeroplanes of a maximum certificated take-off mass of over 5,700 kilograms or authorised to carry more than nine passengers, for which the individual certificate of airworthiness was first issued on or after 1 January, 2004, shall be equipped with a ground proximity warning system which has a forward looking terrain avoidance function.
[Issue 1] 266 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (4) With effect from 1 January, 2007, all turbine-engined aeroplanes of over 5,700 kilograms maximum certificated take-off mass of over 5,700 kilograms or authorised to carry more than nine passengers, shall be equipped with a ground proximity warning system which has a forward looking terrain avoidance function.
(5) With effect from 1 January, 2007 all piston-engined aeroplanes of a maximum certificated take-off mass of over 5,700 kilograms or authorised to carry more than nine passengers shall be equipped with a ground proximity warning system which provides the warnings in subregulation (7)(a) and (c), warning of unsafe terrain clearance and a forward looking terrain avoidance function.
(6) A ground proximity warning system shall provide automatically a timely and distinctive warning to the flight crew when the aeroplane is in potentially hazardous proximity to the earths surface.
(7) A ground proximity warning system shall provide, unless otherwise specified herein, warnings of the following circumstances (a) excessive descent rate; (b) excessive terrain closure rate; (c) excessive altitude loss after take-off or go-around; (d) unsafe terrain clearance while not in landing configuration (i) gear not locked down; (ii) flaps not in a landing position; and (e) excessive descent below the instrument glide path.
29.
Weather radar (1) An air operator certificate holder shall not operate (a) a pressurised aircraft; or (b) an unpressurised aircraft which has a maximum certificated take-off mass of over 5,700 kilograms; or (c) an unpressurised aircraft having a maximum approved passenger seating configuration of more than nine seats, unless it is equipped with airborne weather radar equipment whenever such an aircraft is being operated at night or in instrument meteorological conditions in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather radar, may be expected to exist along the route.
(2) The airborne weather radar equipment in propeller-driven pressurised aeroplanes having a maximum certificated take-off mass of over 5,700 kilograms with a maximum approved passenger seating configuration not exceeding nine seats, operated by an air operator certificate holder at night and in instrument meteological conditions referred to in subregulation (1) may be replaced by other equipment capable of detecting thunderstorms and other potentially hazardous weather conditions, regarded as detectable with airborne weather radar equipment, subject to approval by the Authority.
PART VI FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER 30.
Cockpit voice recorders: aeroplane (1) An air operator certificate holder shall not operate an aeroplane of a maximum certificated take-off mass of over 5,700 kilograms unless the aeroplane is equipped with a cockpit voice recorder, to record the aural environment on the flight deck during flight time.
(2) A turbine-engined aeroplane of a maximum certificated take-off mass of 27,000 kilograms or above that is of a type of which the prototype was certificated by the 267 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] appropriate Authority before 30th September, 1969 or the individual certificate of airworthiness was issued before 1st January, 1987 shall be equipped with a cockpit voice recorder, the objective of which is the recording of the aural environment on the flight deck during flight time.
31.
Cockpit voice recorders: duration aeroplane (1) A person shall not fly an aeroplane unless the aeroplane is equipped with a cockpit voice recorder installed as required under regulation 30, capable of retaining the information recorded during at least the last thirty minutes of its operation.
(2) A cockpit voice recorder installed in an aeroplane of a maximum certificated take- off mass of over 5,700 kilograms for which the individual certificate of airworthiness was first issued after 1 January, 2003, shall be capable of retaining the information recorded during at least the last two hours of its operation.
32.
Cockpit voice recorders: general requirements aeroplane (1) A person shall not fly an aeroplane unless the aeroplane is equipped with a cockpit voice recorder installed as required under regulation 34, designed to record at least the following (a) voice communication transmitted from or received in the aeroplane by radio; (b) aural environment on the flight deck; (c) voice communication of flight crew members on the flight deck using the aeroplanes interphone system; (d) voice or audio signals identifying navigation or approach aids introduced in the headset or speaker; (e) voice communication of flight crew members using the passenger address system, if installed; and (f) digital communications with air traffic service, unless recorded by the flight data recorder.
(2) A cockpit voice recorder container shall (a) be painted a distinctive orange or yellow colour; (b) carry reflective material to facilitate its location; and (c) have securely attached thereon an automatically activated underwater locating device.
(3) To aid in voice and sound discrimination, microphones in the cockpit shall be located in the best position for recording voice communications originating at the pilot and co-pilot stations and voice communications of other crew members on the flight deck when directed to those stations by wiring suitable boom microphones to record continuously on separate channels.
(4) A cockpit voice recorder shall be installed so that (a) the probability of damage to the recording is minimised by (i) locating the recorder as far aft as practicable, and (ii) in the case of pressurised aeroplanes, locating the cockpit voice recorder in the vicinity of the rear pressure bulkhead; (b) it receives its electrical power from a bus that provides the maximum reliability for the operation of the cockpit voice recorder without jeopardising service to essential or emergency loads; (c) there is an aural or visual means for pre-flight checking of the cockpit voice recorder for proper operation; and [Issue 1] 268 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (d) if the cockpit voice recorder has a bulk erasure device, the installation is designed to prevent operation of the device during flight time or crash impact.
33.
Cockpit voice recorders: helicopters (1) Subject to subregulation (2), a person shall not fly a helicopter for which the individual certificate of airworthiness was first issued before, on or, as the case may be, after 1 January, 1987 of a maximum certificated take-off mass of 3,180 kilograms or above unless the helicopter is equipped with a cockpit voice recorder the objective of which is the recording of the aural environment on the flight deck during flight time.
(2) Where the helicopter is not equipped with a flight data recorder the main rotor speed shall be recorded on one track of the cockpit voice recorder.
34.
Cockpit voice recorders: duration helicopters (1) Except as provided in subregulation (2), a person shall not fly a helicopter unless the helicopter is equipped with a cockpit voice recorder capable of retaining the information recorded during at least the last 30 minutes of its operation.
(2) A cockpit voice recorder installed in a helicopter for which the individual certificate of airworthiness is first issued after 1 January 2003 shall be capable of retaining the information recorded during at least the last two hours of its operation.
35.
Cockpit voice recorders: performance requirements (1) A person shall not fly a helicopter unless the helicopter is equipped with a cockpit voice recorder installed as required by regulation 30, 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; and (b) if a bi-directional configuration is used, the in-line format and track allocation shall be retained in both directions.
(2) The track allocation in a cockpit voice recorder shall be (a) track 1 co-pilot headphones and live boom microphone; (b) track 2 pilot in command headphones and live boom microphone; (c) track 3 area microphones; and (d) track 4 time reference plus the third and fourth crew members headphone and live microphone, if applicable.
(3) A cockpit voice recorder 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 cockpit voice recorder is installed in an aircraft, means shall be provided for an accurate correlation between the cockpit voice recorder and the flight data recorder.
36.
Cockpit voice recorders: inspections (1) A person who intends to operate an aircraft shall, prior to the first flight of the day, monitor the built-in test features on the cockpit installed for the cockpit voice recorder.
(2) Annual inspections of a cockpit voice recorder 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; 269 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (b) an annual examination of the recorded signal on the cockpit voice recorder shall be carried out by replay of the cockpit voice recorder recording; (c) while installed in the aircraft, the cockpit voice recorder 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 cockpit voice recorders shall be examined for evidence that the intelligibility of the signal is acceptable.
(3) A report of the annual inspection referred to in subregulation (2) shall be made available to the Authority.
37.
Flight data recorders (1) A person shall not operate a turbine-engined aircraft of a maximum certificated take-off mass of over 5,700 kilograms unless the aircraft it is equipped with an approved flight data recording system.
(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 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.
(3) An aeroplane for which the individual certificate of airworthiness was first issued after 1 January, 2005, which utilises 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; the minimum recording duration shall be equal to the duration of the cockpit voice recorder and shall be correlated to the recorded cockpit audio.
(4) With effect from 1 January, 2007, an aeroplane, which utilises 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; 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 photographic film flight data recorders is prohibited.
38.
Flight data recorders: aeroplanes (1) A person shall not fly an aeroplane for which the individual certificate of airworthiness was first issued on or after 1 January, 1989 (a) of a maximum certificated take-off mass of over 27,000 kilograms unless it is equipped with a Type I flight data recorder; and (b) of a maximum certificated take-off mass of over 5,700 kilograms, up to and including 27,000 kilograms, unless it is equipped with a Type II flight data recorder.
[Issue 1] 270 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (2) A person shall not fly a turbine-engined aeroplane for which the individual certificate of airworthiness was first issued on or after 1 January, 1987 but before 1 January 1989, being of a maximum certificated take-off mass of (a) over 5,700 kilograms, except those referred to in paragraph (b), unless it is equipped with a flight data recorder which shall record time, altitude, airspeed, normal acceleration and heading; and (b) over 27,000 kilograms of the types of which the prototype was certificated by the appropriate national authority after 30 September, 1969 unless it is equipped with a Type II flight data recorder.
(3) A person shall not fly a turbine-engined aeroplane for which the individual certificate of airworthiness was first issued before 1 January, 1987, being of a maximum certificated take-off mass of over 5,700 kilograms, unless it is equipped with a flight data recorder which shall record time, altitude, airspeed, normal acceleration and heading.
(4) A person shall not fly an aeroplane for which the individual certificate of airworthiness is first issued after 1 January, 2005 of a maximum certificated take-off mass of over 5,700 kilograms unless it is equipped with a Type IA flight data recorder.
(5) A person shall not fly a multi-engined turbine powered aeroplane of a maximum certificated take-off mass of 5,700 kilograms or less for which the individual certificate of airworthiness is first issued on or after 1 January, 1990 unless it was equipped with a Type IIA flight data recorder.
39.
Flight data recorders: helicopters A person shall not fly a helicopter of a maximum certificated take-off mass of over (a) 7,000 kilograms for which the individual certificate of airworthiness was first issued on 1 January, 1989 unless it is equipped with a Type IV flight data recorder; and (b) 3,180 kilograms for which the individual certificate of airworthiness was first issued after 1 January, 2005 unless it is equipped with a Type IVA flight data recorder with a recording duration of at least ten hours.
40.
Flight data recorder duration A person shall not fly an aircraft 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.
41.
Flight data recorder: information recorded A person shall not fly an aircraft unless it is equipped with a flight data recorder specified in regulations 36 and 37 and shall record the information specified in the Table set out in the First Schedule to these Regulations.
42.
Recording of data link communication (1) A person shall not fly an aeroplane that uses data link communication 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.
(2) The requirement in subregulation (1) shall apply (a) in all aeroplanes for which the individual certificate of airworthiness is issued after 1 January, 2005; and (b) in all aeroplanes that use data link communications and are required to carry a cockpit voice recorder.
271 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] (3) The minimum recording duration shall be equal to the duration of the cockpit voice recorder, and shall be correlated to the recorded cockpit audio.
(4) 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.
(5) An aeroplane required to be equipped with a flight data recorder and a cockpit voice recorder may alternatively be equipped with the following number of combination (flight data recorder/cockpit voice recorder) recorders (a) twofor all aeroplanes of a certificated take-off mass of over 5,700 kilograms; and (b) onefor all multi-engined turbine powered aeroplanes of 5,700 kilograms or less.
PART VII EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT 43.
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.
44.
Means for emergency evacuation (1) An air operator certificate holder shall not operate an aeroplane with passenger emergency exit sill heights (a) which are more than 1.83 metres (6 feet) above the ground with the aeroplane 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 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 aeroplane structure at which the escape route terminates is less than 1.83 metres (6 feet) from the ground with the aeroplane 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 aeroplane 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 [Issue 1] 272 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (b) a Type Certificate was first applied for on or after 1 April 2000, 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, shall have a device to assist all members of the flight crew in descending to reach the ground safely in an emergency.
45.
Emergency lighting (1) A person shall not operate a passenger carrying aeroplane of a maximum approved passenger seating configuration of more than nine unless the aeroplane is provided with an emergency lighting system having an independent power supply to facilitate the evacuation of the aeroplane.
(2) The emergency lighting system shall include (a) for aeroplanes 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 aeroplanes 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 overwing exits, passenger emergency exits and at exits where descent assist means are required; and (v) for aeroplanes for which the type certificate was first issued by an appropriate authority on or after 1 January, 1958, floor proximity emergency escape path marking system in the passenger compartment(s); (b) for aeroplanes which have a maximum approved passenger seating configuration of nineteen or less (i) sources of general cabin illumination; (ii) internal lighting in emergency exit areas; and (iii) illuminated emergency exit marking and locating signs.
(3) An operator shall not operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of nine or less by night unless it is provided with a source of general cabin illumination to facilitate the evacuation of the aeroplane, the system may use dome lights or other sources of illumination already fitted on the aeroplane and which are capable of remaining operative after the aeroplanes battery has been switched off.
46.
Exits (1) A person shall not fly an aircraft unless every exit and every internal door in the aircraft is in working order, and subject to subregulations (2), (3) and (4), during take-off and landing and during any emergency, every exit and door shall be kept free of obstruction and operating handle shall not be fastened by locking or otherwise so as to prevent, hinder or delay door operation during emergency.
(2) An exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Authority, either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers.
(3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word EXIT and KUTOKA in capital 273 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words EMERGENCY EXIT and MLANGO WA DHARURA in capital letters.
(4) Every exit from the aircraft shall be marked with instructions and with diagrams, to indicate the correct method of opening the exit and the markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it can be opened from the outside of the aircraft, at or near the exterior surface.
(5) If only one exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced.
(6) On any flight made under these Regulations (a) the number of passengers carried and the position of the seats which the passengers occupy shall be in accordance with arrangements approved by the Authority either in relation to the particular aircraft or to a class of aircraft; and (b) in accordance with arrangements approved by the Authority, the exit shall be fastened by locking or otherwise, the words EXIT, KUTOKA, EMERGENCY EXIT and MLANGO WA DHARURA shall be covered, and the exit shall be marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words NO EXIT and HAKUNA KUTOKA in red letters.
47.
Flights over designated land areas: all aircraft A person shall not operate an aircraft across land areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, unless equipped with such signalling devices and life saving equipment, including means of sustaining life as may be appropriate to the area overflown.
48.
Survival equipment An air operator certificate holder shall not operate an aircraft across areas in which search and rescue would be especially difficult unless the aircraft is equipped with the following (a) signalling equipment to make the pyrotechnical distress signals as specified in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations; (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 aeroplane either (i) remains within a distance from an area where search and rescue is not especially difficult corresponding to (aa) one hundred and twenty minutes at the one engine inoperative cruising speed for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or (bb) thirty minutes at cruising speed for all other aeroplanes; or (ii) for large turbine-powered aeroplanes, no greater distance than that corresponding to ninety minutes at cruising speed from an area suitable for making an emergency landing.
[Issue 1] 274 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] 49.
Emergency locator transmitter: aeroplanes (1) A person shall not operate an aeroplane 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 aeroplane in flights over water away from land suitable for making an emergency landing at a distance of more than 185 kilometres (100 nautical miles), in the case of single-engine aeroplane, and more than 370 kilometres (200 nautical miles), in the case of multi-engine aeroplanes capable of continuing flight with one engine inoperative unless the aeroplane 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 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 two survival type emergency locator transmitters, one of which shall be automatic, that transmits simultaneously on 121.5 and 406 MHz.
(4) A person shall not operate an aeroplane on flights over designated land areas unless the aeroplane has one automatic emergency locator transmitter that can transmit simultaneously on 121.5 and 406 MHz.
(5) 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.
(6) A person operating an aircraft shall ensure that batteries used in emergency locator transmitters are replaced, or recharged if the battery is rechargeable, when (a) the transmitter has been in use for more than one cumulative hour; or (b) fifty per cent of their useful life, or for rechargeable batteries, fifty per cent of their useful life of charge, has expired.
(7) 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.
(8) 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.
(9) The useful life of a battery or useful life of charge requirements in an aircraft shall not apply to batteries such as water-activated batteries that are essentially unaffected during probable storage intervals.
50.
Emergency locator transmitter: helicopters (1) A person shall not operate a helicopter unless it is fitted with automatic emergency locator transmitter.
(2) 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 275 [Issue 1] CAP.
394 [Rev.
2012] Civil Aviation [Subsidiary] 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 that transmits simultaneously on 121.5 or 406 MHz.
(3) 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.
51.
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, CBCIF ), or equivalent as the extinguishing agent, shall be r2 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 deck; (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 crew members in flight; (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 Number of extinguishers seating configuration 7 to 30 1 31 to 60 2 61 to 200 3 201 to 300 4 301 to 400 5 401 to 500 6 501 to 600 7 601 or more 8 (f) at least one of the required fire extinguishers located in the passenger compartment of an aeroplane 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 aeroplane with a maximum approved passenger seating configuration of sixty-one or more shall contain Halon 1211 (bromochlorodi-fluoromethane, CBCIF ), or equivalent as the extinguishing agent.
r2 52.
Lavatory fire extinguisher (1) A person shall not operate an aircraft carrying passengers unless each lavatory in the aeroplane is equipped with a built-in fire extinguisher for each disposal receptacle for towels, paper, or waste located within the lavatory.
[Issue 1] 276 [Rev.
2012] CAP.
394 Civil Aviation [Subsidiary] (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.
53.
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) a warning light in the cockpit; or (b) a warning light or audio warning in the passenger cabin, which shall be readily detected by a cabin crew member, taking into consideration the positioning of cabin crew members throughout the passenger compartment during various phases of flight.
54.
Crash axe (1) A person shall not operate an aircraft with a maximum certificated take-off mass of over 5,700 kilograms 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.