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The Civil Aviation (Regulatory Fees and Charges for Air Navigation Services) Regulations

Legal Notice 84 of 2016

The Civil Aviation (Regulatory Fees and Charges for Air Navigation Services) Regulations
Citation
Legal Notice 84 of 2016
Primary work
Civil Aviation Act
Date
20 May 2016
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

CIVIL AVIATION ACT

THE CIVIL AVIATION (REGULATORY FEES AND CHARGES FOR AIR NAVIGATION SERVICES) REGULATIONS

LEGAL NOTICE 84 OF 2016

  • Published in Kenya Gazette Vol. CXVIII—No. 55 on 20 May 2016
  • Commenced on 20 May 2016

1. Citation

These Regulations may be cited as the Civil Aviation (Regulatory Fees and Charges for Air Navigation Services) Regulations, 2016.

2. Interpretation

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

3. Charges

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

4. Proof of flight and maximum take off mass

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

5. Recovery Charges

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

6. Detention of aircraft

(1)Notwithstanding that a statement may not yet have been sent to the owner under regulation 3(2) of these Regulations, the Director-General, or any person authorized by him or her in writing in that regard, may detain any aircraft whose owner has refused or neglected to pay the charges payable.
(2)Any aircraft which has been detained under paragraph (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 or her under paragraph (1) shall not be liable to any suit or other proceedings on account of any act performed by him or her under paragraph (1).

7. Exemption from payment of charges

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

20 May 2016 this version
Commenced