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The Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations, 2018

Legal Notice 121 of 2018

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The Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations, 2018
Citation
Legal Notice 121 of 2018
Primary work
Civil Aviation Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

CIVIL AVIATION ACT

THE CIVIL AVIATION (CONSTRUCTION OF VISUAL AND INSTRUMENT FLIGHT PROCEDURES) REGULATIONS, 2018

LEGAL NOTICE 121 OF 2018

  • Published in Kenya Gazette Vol. CXX—No. 69 on 8 June 2018
  • Commenced on 31 May 2018
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation.

These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the Civil Aviation Act, 2013;"aerodrome operating minima" means the limits of usability of an aerodrome for—
(a)take-­off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;
(b)landing in precision approach and landing operations, expressed in terms of visibility or runway visual range and decision altitude or height as appropriate to the category of the operation;
(c)landing in approach and landing operations with vertical guidance, expressed in terms of visibility and/or runway visual range and decision altitude or height; and
(d)landing in non-­precision approach and landing operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude or height and, if necessary, cloud conditions;
"aerodrome reference point" means the certificated geographical location of an aerodrome;"aeronautical chart" means a representation of a portion of the earth, its culture and relief, specifically certificated to meet the requirements of air navigation;"aeronautical data" means a representation of aeronautical facts, concepts or instructions in a formalized manner suitable for communication, interpretation or processing;"aeronautical information" means information resulting from the assembly, analysis and formatting of aeronautical data;"Aeronautical Information Circular (AIC)" means a notice containing information that does not qualify for the origination of a Notice To Air Men or for inclusion in the Aeronautical Information Publication, but which relates to flight safety, air navigation, technical, administrative or legislative matters;"aeronautical information publication" means a publication issued by or with the authority of a state and containing aeronautical information of a lasting character essential to air navigation;"aeronautical information service" means a service established within the defined area of coverage responsible for the provision of aeronautical data and aeronautical information necessary for the safety, regularity and efficiency of air navigation;"aeronautical information publication amendment" means permanent change to information contained in the aeronautical information publication;"aeronautical information publication supplement" means temporary changes to the information contained in the aeronautical information publication which are published by means of special pages;"air navigation services" means the following services provided for air navigation—
(a)air traffic services or air traffic management;
(b)instrument flight procedure design services;
(c)aeronautical information services or aeronautical information management;
(d)aeronautical cartographic services;
(e)aeronautical telecommunication services; and
(f)aeronautical search and rescue;
"air navigation services provider" means an independent entity established for the purpose of providing one or more of the air navigation services as defined in these Regulations;"area navigation" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground-­ or space-­based navigation aids or within the limits of the capability of self-­contained aids, or a combination of these;"arrival routes" means routes identified in an instrument approach procedure by which aircraft may proceed from the en-­route phase of flight to an initial approach fix;"air traffic service route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services;"Authority" means Kenya Civil Aviation Authority;"certificate" means the certificate for the provision of air navigation services issued by the Authority under Part II of these Regulations;"flight procedure design" means either Instrument Flight Procedures or Visual Flight Procedures;"instrument approach procedure" means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-­route obstacle clearance criteria apply;"instrument flight procedure design service" means a service established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation;"integrated aeronautical information product" means aeronautical data and aeronautical information provided either as digital data sets or as a standardized presentation in paper or electronic media and includes—
(a)aeronautical information publication, including amendments and supplements;
(b)aeronautical information circulars;
(c)aeronautical charts;
(d)notice to air men; and
(e)digital data sets;
"integrity (aeronautical data)" means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorized amendment;"integrity classification (aeronautical data)" means classification based upon the potential risk resulting from the use of corrupted data classified as—
(a)routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;
(b)essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; and
(c)critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;
"missed approach point" means that point in an instrument approach procedure at or before which the prescribed missed approach procedure must be initiated in order to ensure that the minimum obstacle clearance is not infringed;"missed approach procedure" means that procedure to be followed if the approach cannot be continued;"nautical mile" means the length equal to 1 852 metres exactly;"navigation specification" means a set of aircraft and flight crew requirements needed to support performance-­based navigation operations within a defined airspace and here are two kinds of navigation specifications—
(a)area Navigation specification — a navigation specification based on area navigation that does not include the requirement for on-­board performance monitoring and alerting, certificated by the prefix RNAV; and
(b)required navigation performance specification — a navigation specification based on area navigation that includes the requirement for on-­board performance monitoring and alerting, certificated by the prefix RNP;
"obstacle" means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that—
(a)are located on an area intended for the surface movement of aircraft;
(b)extend above a defined surface intended to protect aircraft in flight; or
(c)stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;
"obstacle clearance altitude or obstacle clearance height" means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;"obstacle free zone" means the airspace above the inner approach surface, inner transitional surfaces, and balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-­mass and frangibly mounted one required for air navigation purposes;"obstacle or terrain data collection surface" means a defined surface intended for the purpose of collecting obstacle or terrain data;"operator" means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;"operations manual" means a manual prepared by a service provider or a person applying for approval;"Performance Based Navigation" means area navigation based on performance requirements for aircraft operating along an air traffic service route, on an instrument approach procedure or in a certificated airspace;"precision approach procedure" means an instrument approach procedure utilizing azimuth and glide path information provided by an Instrument landing system or precision approach radar;"procedure altitude or height" means a specified altitude/height flown operationally at or above the minimum altitude/height and established to accommodate a stabilized des cent at a prescribed descent gradient/angle in the intermediate or final approach segment;"procedure turn" means a manoeuvre in which a turn is made away from a certificated track followed by a turn in the opposite direction to permit the aircraft to intercept and proceed along the reciprocal of the certificated track;"quality" means a degree to which a set of inherent characteristics fulfils requirements;"quality assurance" means part of quality management focused on providing confidence that quality requirements will be fulfilled;"quality control" means part of quality management focused on fulfilling quality requirements;"quality management" means coordinated activities to direct and control an organization with regard to quality;"quality system" means the organisational structure, procedures, processes and resources needed to implement quality management;"reliability" means the probability that the service will perform its function or functions without failure for a specified period;"resolution" means a number of units or digits to which a measured or calculated value is expressed and used;"safety management system" means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;"significant point" means a specified geographical location used in defining an air traffic service route or the flight path of an aircraft and for other navigation and air traffic service purposes;"state safety programme" means an integrated set of regulations and activities aimed at improving safety;"terminal arrival altitude" means the lowest altitude that will provide a minimum clearance of 300 m (1 000 ft) above all objects located in an arc of a circle defined by a 46 km (25 NM) radius centred on the initial approach fix, or where there is no initial approach fix on the intermediate approach fix, delimited by straight lines joining the extremity of the arc to the Intermediate Fix. The combined Terminal Arrival Altitude s associated with an approach procedure shall account for an area of 360 degrees around the Intermediate Fix;"terminal control area" means a control area normally established at the confluence of air traffic services routes in the vicinity of one or more major aerodromes;"terrain" means the surface of the Earth containing naturally occurring features such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and excluding obstacles;"touchdown and lift-­off area" means a load bearing area on which a helicopter may touch down or lift off;"touchdown zone" means the portion of a runway, beyond the threshold, where it is intended landing aeroplanes first contact the runway;"transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;"visual approach procedure" means a series of predetermined manoeuvres by visual reference, from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, a go-­around procedure can be carried out;"waypoint" means a specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation identified as either—
(a)"fly-­by waypoint" meaning a waypoint which requires turn anticipation to allow tangential interception of the next segment of a route or procedure, or
(b)"flyover waypoint" meaning a waypoint at which a turn is initiated in order to join the next segment of a route or procedure.

3. Application

These Regulations shall apply to a person providing Flight Procedure Design Services within certificated airspaces and at aerodromes for civil aviation purposes.

Part II – REQUIREMENTS

4. Requirements for the provision of an Instrument Flight Procedure Design Service

A person shall not provide an Instrument Flight Procedure Design Service within Kenya unless—
(a)that person holds a certificate issued under the Civil Aviation (Certification of Air Navigation Services Provider) Regulations; and
(b)the services are provided in accordance with—
(i)the requirements prescribed in these Regulations or any other publications issued by the Authority; and
(ii)the procedures specified in the service providers’ Manual of Air Navigation Service Operations.

5. Designation of Instrument Flight Procedure Design Service Provider

(1)A person shall not design, maintain, review, amend, adapt or publish flight procedures for use in Kenya unless certificated by the Authority and in accordance with these Regulations.
(2)An Instrument Flight Procedure Design Services Provider certificated by the Authority shall—
(a)follow an instrument flight procedure process that encompasses acquisition of data, design and promulgation of procedures;
(b)ensure that the quality and safety of the procedure design product are assured through review, verification, coordination and validation of the procedure at appropriate points in the process; and
(c)ensure that the units of measurement, as specified in the Civil Aviation (units of measurement to be used in air and ground operations) regulations are used in the design of instrument flight procedure.

6. Instrument Flight Procedure Design Operational requirements

(1)The certificated Instrument Flight Procedures Design Service Provider shall—
(a)maintain an appropriate instrument design office to enable the Instrument Flight Procedure designers to carry on design work in Instrument flight Procedures in accordance with these Regulations;
(b)ensure that the designs of instrument flight procedure are in accordance with—
(i)requirements in these Regulations;
(ii)the criteria prescribed by the Authority; and
(c)make provisions for person(s) trained in Instrument Flight Procedure design to check and verify independently the plans of each instrument flight procedure designed.

7. Instrument Flight Procedure Design Service Provider Operations Manual

(1)The certificated service provider shall develop and maintain an operations manual which shall serve to demonstrate compliance with the requirements set out in these Regulations.
(2)The contents of the operations manual shall include but not limited to the following—
(a)the information required of the certificated Instrument Flight Procedures Design service provider as mentioned in these Regulation; and
(b)a description of the instrument flight procedure design Service Provider’s office that shows the role, responsibilities and job functions of the Flight Procedure Design office personnel who are responsible for ensuring the compliance of the organization with the requirements in sub-­paragraph (a).
(3)The certificated service provider shall—
(a)keep the operations manual in a readily accessible form;
(b)ensure that the instrument flight procedure designer has ready access to the operations manual; and
(c)amend the operations manual whenever necessary to keep its content up to date.
(4)The certificated service provider shall submit a copy of the most current operations manual to the Authority for approval.

8. Employment of personnel

The certificated instrument flight procedure design organization shall—
(a)employ, contract, or engage sufficient personnel to plan, design, verify, and maintain the instrument flight procedures; and
(b)develop job descriptions for its Procedure design technical staff.

9. Instrument Flight Procedure designer training, experience and approval

(1)The certificated service provider shall ensure that a person designing or amending a flight instrument procedure demonstrates required competency level for flight procedure design.
(2)The personnel to be recruited as Instrument Flight Procedure Designer shall have a high level of aviation experience gained from different domains in the aviation industry (Air Traffic Management, Engineers, Aeronautical technicians and pilots or any other equivalent profession).
(3)Instrument Flight Procedure designers shall acquire and maintain this competency level through training and supervised on -­ the -­ job training.
(4)The certificated service provider shall ensure that the instrument flight procedure designer is able to demonstrate a basic level of competency through initial and recurrent training at periodic intervals that includes at least the following elements—
(a)knowledge of information contained in manuals pertaining to the design of instrument flight procedures as prescribed by the Authority;
(b)enhancement of knowledge and skills in the design of procedures; and
(c)competency as outlined in the competency framework for flight procedures designers as prescribed by the Authority.
(5)The certificated service provider shall—
(a)develop and implement training programme and a training plan that is commensurate to the technical competence required by its staff; and
(b)shall maintain training records for their instrument flight procedure designers.
(6)Only designers approved by the Authority shall undertake the design, review, validation of Instrument Flight Procedures for operational use.
(7)A person seeking approval as required in sub­regulation (6) shall—
(a)provide proof of successful completion of the International Civil Aviation Organization PANS-­OPS training course applicable to the approval being requested based on the International Civil Aviation Organization PANS-­OPS criteria;
(b)demonstrate practical application of theoretical knowledge through the design of two instrument flight procedures under supervision of a qualified designer; and
(c)demonstrate ability to maintain a documented quality assurance process for procedure design.
(8)An approved procedure designer shall only design Instrument Flight Procedures within the scope of their approval.

10. Procedure design data and information acquisition

(1)The certificated service provider shall ensure that the quality characteristics of data acquired for the Flight Procedure Design process are known and adequate, or that, in the case where the data’s quality characteristics are unknown or inadequate, that appropriate data verification occurs prior to use.
(2)In the obstacle survey for procedure design, the instrument flight procedure designer shall consider that—
(a)all obstacles be accounted for and items such as trees and heights of tall buildings shall be accounted for either by physical examination of the site or by addition of a suitable margin above terrain contours; and
(b)the accuracy of the vertical and horizontal data obtained may be adjusted by adding an amount equal to the specified survey error to the height of all measured obstructions and by making a corresponding adjustment for specified horizontal error.
(3)The procedure design data and information acquisition shall be coordinated with all relevant stakeholders and integrated into Kenya’s airspace design process, taking into account air traffic flows, separation issues, airspace user requirements, infrastructure and legal environmental considerations.

11. Quality assurance

The certificated service provider shall establish and implement a quality assurance process for all instrument flight procedure design functions.

12. Procedure design facility and resource requirements

(1)A certificated service provider shall provide and maintain adequate facilities for carrying on design work on instrument flight procedures under the procedure design certificate, including—
(a)providing premises and equipment appropriate for the design, design verification, flight validation, and maintenance of applicable types of instrument flight procedures;
(b)access to relevant and current data including, but not limited to, aeronautical data, land contour data, and obstacle data for the design, design verification, flight validation, and maintenance of the instrument flight procedure;
(c)the data referred to in paragraph (b) is current, traceable, and meets the required level of accuracy for the design, design verification, flight validation, and maintenance of instrument flight procedures;
(d)access to copies of relevant documentation comprising technical standards, practices, and instructions, and any other documentation that may be necessary for the design, design verification, flight validation, and maintenance of the types of instrument flight procedure;
(e)establish a procedure for controlling all documentation required by subregulation (d) to ensure that—
(i)the documentation is reviewed and authorized by an appropriate person before issue and use;
(ii)current versions of relevant documentation are available to personnel;
(iii)every obsolete document is promptly removed from every point of use; and
(iv)the current version of every item of documentation can be identified to prevent the use of superseded material;
(f)ensuring that Instrument Flight Procedure designers have access to all necessary data for designing the procedures including—
(i)accurate and current databases or charts detailing terrain and obstacle information; and
(ii)accurate and current navigation aid coordinate data; and
(iii)accurate and current aerodrome reference point and threshold data; and
(g)ensuring that if an aeronautical database and aeronautical data are required for designing instrument flight procedure under its certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.
(2)The certificated service provider shall ensure that if an aeronautical database and aeronautical data are required for designing instrument flight procedure under its certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.

13. Control of Documents and records

The certified service provider shall—
(a)establish and put into effect, a system for controlling documents and records relating to the instrument flight procedure and visual flight procedure on which the designer carries on design work, including the policies and procedures for making, amending, preserving and disposing of those documents and records; and
(b)at Authority’s request, make the documents and records, or copies of them or extracts from them, available for inspection.

14. Instrument flight procedure design (IFPD)

(1)Instrument flight procedures shall be designed in accordance with these Regulations, and Procedures prescribed by the Authority.
(2)Coordination with all concerned parties shall continue throughout the procedure design and validation process to ensure that the procedure meets the needs of the user community.
(3)The certificated service provider shall ensure that—
(a)each new or revised procedure is verified by a qualified procedure designer other than the one who designed the procedure;
(b)published procedures are subject to periodic review at intervals not exceeding five years to ensure that they continue to comply with changing criteria and user requirements;
(c)designers develop and maintain instrument flight procedures design documentation that includes—
(i)information required for publication in the Aeronautical Information Publication;
(ii)details and assumptions made by the instrument flight procedure designer, such as—
(aa)controlling obstacle for each segment of the procedure;
(ab)effect of environmental considerations on the design of the procedure;
(ac)infrastructure assessment;
(ad)airspace constraints;
(ae)for modifications or amendments to existing procedures, the reasons for any changes;
(af)for any deviation from existing standards, the reasons for such a deviation and details of the mitigations applied to assure continued safe operations; and
(ag)the results of the final verification for accuracy and completeness prior to validation and publication.
(d)the design records are retained for a period not less than the operational lifetime of the procedure;
(e)all calculations and results of calculations are presented in a manner that enables the reader to follow and trace the logic and resultant output;
(f)records of all calculations in paragraph (e) are kept in order to prove compliance to or variation from the standard criteria;
(g)all documentation undergo a final verification for accuracy and completeness prior to validation and publication;
(h)all documentation are retained for a period of not be less than the operational lifetime of the procedure to assist in recreating the procedure in the future in the case of incidents and for periodic review and maintenance;
(i)ground validation is undertaken by a qualified flight procedure designer with appropriate knowledge of validation issues;
(j)Flight validation is conducted whenever the following conditions exist—
(i)the fly ability of a procedure cannot be determined by other means;
(ii)the procedure requires mitigation for deviations from design criteria;
(iii)the accuracy or integrity of obstacle and terrain data cannot be determined by other means;
(iv)new procedures differ significantly from existing procedures; and
(v)for helicopter pins procedures.

15. Competency of flight validation pilots

(1)The certificated service provider shall ensure that a person conducting flight validation including simulator evaluation is a qualified and experienced flight validation pilot.
(2)The qualifications for Flight Validation Pilot shall include—
(a)at least a commercial pilot licence with instrument rating;
(b)a requirement that the licence held by the Flight Validation Pilot shall be for the aircraft category appropriate for the procedure to be validated; and
(c)meet all the experience requirements for the airline transport pilot licence in the relevant category of aircraft as described in personnel licensing regulations except that the Flight Validation Pilot does not have to be the pilot-­in-­command of the validation flight nor is he required to have the type rating on the aircraft used for the validation flight.
(3)The instrument flight procedures designer shall provide all data required to conduct a flight validation, flight inspection, and flight simulator evaluation to the entity conducting the exercise.

16. Approval of instrument flight procedures

(1)An instrument flight procedure for use by civil aircraft within Kenya shall not be published unless the instrument flight procedure is approved by the Authority.
(2)The Authority shall only accept instrument flight procedures for approval, submitted by approved procedure designers.
(3)For Instrument Flight Procedures designed by approved procedure designers independently outside the certificated organization the submission of approval shall be in line with these regulations.

17. IFPD publication

(1)The certificated service provider shall ensure that instrument flight procedures designs or charts, are provided to the aeronautical information service provider for publication in the Aeronautical Information Publication.
(2)The IFP shall be accompanied by a narrative, which describes the procedure in textual format.

18. Use of automation in procedure design and flight validation

(1)The certificated service provider using an automated flight procedure design tool shall ensure that such tool is validated.
(2)Validation of the software shall be in accordance with the requirements prescribed by the Authority.
(3)The scope of validation shall include compliance with the criteria set out by the Authority.
(4)The flight validation tools required under this section shall include the use of equipment that—
(a)has the precision, and accuracy traceable to appropriate standards, that are necessary for the validation being performed;
(b)has known measurement uncertainties including, but not limited to, the software, firmware and crosswind uncertainties;
(c)records the actual flight path of the validation aircraft;
(d)is checked before being released for use, and at intervals not exceeding the calibration intervals recommended by the manufacturer, to establish that the system is capable of verifying the integrity of the instrument flight procedure; and
(e)is operated in accordance with flight validation system procedures and criteria by persons who are competent and current on the system used.

19. Errors in published instrument flight procedures

(1)The certificated service provider providing an instrument flight procedure service shall establish procedures for recording, investigating, correcting, and reporting, any identified error, and any identified non-­conformance or suspected non-­conformance with these Regulations.
(2)The procedure required by subregulation (1) shall require that—
(a)an instrument flight procedure is immediately withdrawn from operational use if the error or non-­conformance affects, or may affect, the safety of an aircraft operation; and
(b)the error or non-­conformance is corrected, and certified by a senior person who is appropriately authorized by the service provider;
(c)the correction required by paragraph (b) is clearly identified and promulgated by the most appropriate means relative to the operational significance of the error or non-­conformance;
(d)the source of the error or non-­conformance is identified, and—
(i)if possible, eliminated to prevent a recurrence; and
(ii)preventive action is taken to ensure that the source of the error or non-­conformance has not affected the integrity of any other instrument flight procedure; and
(iii)the Authority is immediately notified, of a promulgated information incident relating to an error or non-­conformance referred to in subparagraph (i) above.

20. Aerodrome operating minima

(1)The requirements for aerodrome operating minima are as specified in the Civil Aviation (Operation of Aircraft) Regulations.
(2)The procedures for the establishment of the aerodrome operating minima shall be prescribed by the Authority.

Part III – EXEMPTIONS

21. Requirements for application for exemption

(1)A person may apply to the Authority for an exemption from any provision of these Regulations.
(2)Unless in case of emergency, a person requiring exemptions from any of these regulations shall make an application to the Authority at least sixty days prior to the proposed effective date, giving the following information—
(a)name and contact address including electronic mail and fax if any;
(b)telephone number;
(c)a citation of the specific requirement from which the applicant seeks exemption;
(d)justification for the exemption;
(e)a description of the type of operations to be conducted under the proposed exemption;
(f)the proposed duration of the exemption;
(g)an explanation of how the exemption would be in the public interest;
(h)a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question;
(i)a safety risk assessment carried out in respect of the exemption applied for;
(j)an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization; and
(k)any other information that the Authority may require.
(3)Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified in subregulation (2) and satisfactory reason for deeming the application an emergency.
(4)The Authority may in writing, decline an application made under subregulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.
(5)The application for exemption shall be accompanied by fee prescribed by the Authority.

22. Review and publication

(1)The Authority shall review the application for exemption made under these regulations for accuracy and compliance and if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within a prescribed time, in either—
(a)the Kenya Gazette;
(b)aeronautical information circular; or
(c)a daily newspaper with national circulation.
(2)Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3).
(3)If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

23. Evaluation of the request

(1)Where the application requirements have been satisfied,the Authority shall conduct an evaluation of the request to include—
(a)determination of whether an exemption would be in the public interest;
(b)a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis;
(c)a determination of whether a grant of the exemption would contravene these Regulations; and
(d)a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.
(2)The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision.
(3)The summary referred to in sub­regulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.
(4)If the exemption affects a significant population of the aviation community in Kenya, the Authority shall publish the summary in aeronautical information circular.

24. Validity of an exemption

The validity of any exemption issued under these regulations shall be dependent on the air navigation service provider complying with any condition that Authority may specify in the exemption as being necessary in the interests of safety of air navigation.

25. Compliance with conditions of the exemption

An air navigation service provider shall comply with any condition specified by the Authority in the exemption.

Part IV – OFFENCES AND PENALTIES

26. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

27. Penalties

(1)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.
(2)Any person who contravenes any provision of these Regulations shall upon conviction be subject to the penalty provisions provided in the Act.
(3)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

28. Appeal

A person aggrieved by any order made under these Regulations may, within twenty one days of such order being made, appeal against the order to a court of law with competent jurisdiction.
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History of this document

31 December 2022 this version
08 June 2018
31 May 2018
Commenced