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Civil Aviation (Charges for Air Navigation Services) Regulations, 2014

Legal Notice 46 of 2014

Civil Aviation (Charges for Air Navigation Services) Regulations, 2014
Citation
Legal Notice 46 of 2014
Primary work
Civil Aviation Act
Date
16 May 2014
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

CIVIL AVIATION ACT

CIVIL AVIATION (CHARGES FOR AIR NAVIGATION SERVICES) REGULATIONS, 2014

LEGAL NOTICE 46 OF 2014

  • Published in Kenya Gazette Vol. CXVI—No. 63 on 16 May 2014
  • Commenced on 16 May 2014

1. Citation

These Regulations may be cited as the Civil Aviation (Charges for Air Navigation Services) Regulations, 2014.

2. Interpretation

In these Regulations, unless the context otherwise requires-"Flight Information Region" means the area under the jurisdiction of the Area Control Centre at Nairobi;"Flight" means-(a)in the case of an aircraft, from the moment when it first moves for the purposes of taking off until the moment when it comes to rest after landing;(b)in the case of a free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon."maximum takeoff mass", in relation to an aircraft, means the maximum total mass of the aircraft and its contents at which the aircraft may take off in accordance with the certificate of aircraft.

3. Charges

(1)There shall be paid to the Authority by the owner of an aircraft making a flight in the Flight Information Region, and airspace in Kenya outside the Flight Information Region the charges prescribed in respect of air navigation services provided by the Authority.
(2)The charges shall be paid in respect of each flight in the Flight Information Region, and airspace in Kenya outside the Flight Information Region of an aircraft at the rates and in the manner determined and notified by the Cabinet Secretary.

4. Proof of flight and maximum take off mass.

(1)An entry in the aircraft movement log-book at the Air Control Units shall be prima facie proof that the particular aircraft was within the airspace over Kenya at the time recorded in the aircraft movement data.
(2)The maximum take off mass as indicated in the certificate of airworthiness shall be prima facie proof of the maximum take off mass of the aircraft.

5. Recovery Charges

Any charges to be paid shall constitute a debt to the Authority and if any amount due and demanded for by the Authority remains unpaid beyond the time specified for payment, the Authority may recover the debt using legal means.

6. Detention of aircraft

(1)Notwithstanding that charges may not yet have been sent to the owner under Regulation 3 paragraph (2), the Director-General or any person authorized by him, in writing, in that regard, may detain any aircraft whose owner has refused or neglected to pay the prescribed charges payable.
(2)Any aircraft which has been detained under paragraph (1) of this regulation shall be released upon payment, in full, of the charges owing.
(3)The Director-General and any person authorized by him under paragraph (1) shall not be liable to any suit or other proceedings on account of any act performed by him under paragraph (1).

7. Exemption from payment of charges

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

16 May 2014 this version
Commenced