Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
CIVIL AVIATION ACT
THE CIVIL AVIATION (COMMUNICATION PROCEDURES) REGULATIONS
CAP. 394
- Published in Kenya Gazette Vol. CXX—No. 78 on 6 July 2018
- Commenced on 6 July 2018
- [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 (Communication Procedures) Regulations, 20182. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Civil Aviation Act (Cap. 394);"Aerodrome Control Radio Station" means a station providing radio communication between an aerodrome control tower and aircraft or mobile aeronautical stations;"Aeronautical Broadcasting Service" means a broadcasting service intended for the transmission of information relating to air navigation;"Aeronautical Fixed Circuit" means a circuit forming part of the Aeronautical Fixed Service;"Aeronautical Fixed Service" means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;"Aeronautical Fixed Station" means a station in the aeronautical fixed service;"Aeronautical Fixed Telecommunication Network" means a worldwide system of Aeronautical Fixed Circuits provided, as part of the aeronautical fixed service, for the exchange of messages or digital data between aeronautical fixed stations having the same or compatible communications characteristics;"Aeronautical Fixed Telecommunication Network circuit" means a circuit forming part of the Aeronautical Fixed Telecommunication Network;"aeronautical mobile (R)* service (RR S1.33)" means an aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes;"aeronautical mobile service (RR S1.32)" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position-indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;"aeronautical mobile-satellite (R)* service (RR S1.36)" means an aeronautical mobile-satellite service reserved for communications relating to safety and regularity of flights, primarily along national or international civil air routes;"aeronautical mobile-satellite service (RR S1.35)" means a mobile satellite service in which mobile earth stations are located on board aircraft; survival craft stations and emergency position-indicating radio beacon stations may also participate in this service;"aeronautical radio navigation service (RR S1.46)" means a radio navigation service intended for the benefit and for the safe operation of aircraft;"aeronautical station (RR S1.81)" means a land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located, for example, on board ship or on a platform at sea;"Aeronautical Telecommunication Agency" means an agency responsible for operating a station or stations in the aeronautical telecommunication service;"aeronautical telecommunication log" means a record of the activities of an aeronautical telecommunication station;"aeronautical telecommunication service" means a telecommunication service provided for any aeronautical purpose;"aeronautical telecommunication station" means a station in the aeronautical telecommunication service;"Aeronautical Fixed Telecommunication Network communication centre" means an Aeronautical Fixed Telecommunication Network station whose primary function is the relay or retransmission of Aeronautical Fixed Telecommunication Network traffic from (or to) a number of other Aeronautical Fixed Telecommunication Network stations connected to it;"Aeronautical Fixed Telecommunication Network destination station" means an Aeronautical Fixed Telecommunication Network station to which messages and/or digital data are addressed for processing for delivery to the addressee;"Aeronautical Fixed Telecommunication Network origin station" means an Aeronautical Fixed Telecommunication Network station where messages and/or digital data are accepted for transmission over the Aeronautical Fixed Telecommunication Network;"Aeronautical Fixed Telecommunication Network station" means a station forming part of the Aeronautical Fixed Telecommunication Network (Aeronautical Fixed Telecommunication Network ) and operating as such under the authority or control of a State;"air navigation services facility" means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft and any combination of such facilities;"air navigation services provider" means an independent entity established for the purpose of operating and managing air navigation services and empowered to manage and use the revenues it generated to cover its costs;"aircraft operating agency" means the person, organization or enterprise engaged in, or offering to engage in, an aircraft operation"aircraft station (RR S1.83) )" means a mobile station in the aeronautical;"air-ground communication" means a two-way communication between aircraft and stations or locations on the surface of the earth;"air-ground control radio station" means an aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area;"air Navigation services" means air traffic services, communication, navigation and surveillance, and aeronautical information services;"air-report" means a report from an aircraft in flight prepared in conformity with requirements for position, and operational or meteorological reporting;"air-to-ground communication" means a one-way communication from aircraft to stations or locations on the surface of the earth;"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);"Air Navigation Services Provider" means Air Navigation Services Provider;"ATS direct speech circuit" means an Aeronautical Fixed Service (AFS) telephone circuit, for direct exchange of information between air traffic services (ATS) units;"Authority" means the Kenya Civil Aviation Authority established under the Act;"automatic relay installation" means a teletypewriter installation where automatic equipment is used to transfer messages from incoming to outgoing circuits"automatic telecommunication log" means a record of the activities of an aeronautical telecommunication station recorded by electrical or mechanical means"blind transmission" means a transmission from one station to another station in circumstances where two-way communication cannot be established but where it is believed that the called station is able to receive the transmission;"broadcast" means a transmission of information relating to air navigation that is not addressed to a specific station or stations;"communication centre" means an Aeronautical Fixed Station which relays or retransmits telecommunication traffic from (or to) a number of other aeronautical fixed stations directly connected to it;"controller-pilot data link communications" means a means of communication between controller and pilot, using data link for ATC communications;"current data authority" means the designated ground system through which a controller-pilot data link communications dialogue between a pilot and a controller currently responsible for the flight is permitted to take place;"downstream data authority" means a designated ground system, different from the current data authority, through which the pilot can contact an appropriate ATC unit for the purposes of receiving a downstream clearance;"duplex" means a method in which telecommunication between two stations can take place in both directions simultaneously;"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1 013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;"free text message element" means a message element used to convey information not conforming to any standardized message element in the controller-pilot data link communications message set;"frequency channel" means a continuous portion of the frequency spectrum appropriate for a transmission utilizing a specified class of emission;"fully automatic relay installation" means a teletypewriter installation where interpretation of the relaying responsibility in respect of an incoming message and the resultant setting up of the connections required to effect the appropriate retransmissions is carried out automatically, as well as all other normal operations of relay, thus obviating the need for operator intervention, except for supervisory purposes."ground-to-air communication" means a one-way communication from stations or locations on the surface of the earth to aircraft;"height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;"human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;"international telecommunication service" means a telecommunication service between offices or stations of different States, or between mobile stations which are not in the same State, or are subject to different States;"interpilot air-to-air communication" means a two-way communication on the designated air-to-air channel to enable aircraft engaged in flights over remote and oceanic areas out of range of VHF ground stations to exchange necessary operational information and to facilitate the resolution of operational problems;"location indicator" means a four-letter code group formulated in accordance with rules prescribed by ICAO and assigned to the location of an aeronautical fixed station;"message field" means an assigned area of a message containing specified elements of data;"meteorological operational channel" means a channel of the Aeronautical Fixed Service (AFS), for the exchange of aeronautical meteorological information;"meteorological operational telecommunication network" means an integrated system of meteorological operational channels, as part of the Aeronautical Fixed Service (AFS), for the exchange of aeronautical meteorological information between the aeronautical fixed stations within the network;"mobile surface station" means a station in the aeronautical telecommunication service, other than an aircraft station, intended to be used while in motion or during halts at unspecified points;"network station" means an aeronautical station forming part of a radiotelephony network;"next data authority" means the ground system so designated by the current data authority through which an onward transfer of communications and control can take place;"non-network communications" means radiotelephony communications conducted by a station of the aeronautical mobile service, other than those conducted as part of a radiotelephony network;"Notice To Airmen" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;"operational control communications" means communications required for the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of a flight;"pre-formatted free text message element" means a free text message element that is stored within the aircraft system or ground system for selection;"pre-formatted free text message element" means a free text message element that is stored within the aircraft system or ground system for selection;"primary frequency" means the radiotelephony frequency assigned to an aircraft as a first choice for air-ground communication in a radiotelephony network;"radio direction finding (RR S1.12)" means radio determination using the reception of radio waves for the purpose of determining the direction of a station or object;"radio direction-finding station (RR S1.91)" means a radio determination station using radio direction finding;"radiotelephony network" means a group of radiotelephony aeronautical stations which operate on and guard frequencies from the same family and which support each other in a defined manner to ensure maximum dependability of air-ground communications and dissemination of air-ground traffic;"readback" means a procedure whereby the receiving station repeats a received message or an appropriate part thereof back to the transmitting station so as to obtain confirmation of correct reception;"regular station" means a station selected from those forming an enroute air-ground radiotelephony network to communicate with or to intercept communications from aircraft in normal conditions;"route segment" means a route or portion of route usually flown without an intermediate stop;"routing Directory" means a list in a communication centre indicating for each addressee the outgoing circuit to be used;"secondary frequency" means the radiotelephony frequency assigned to an aircraft as a second choice for air-ground communication in a radiotelephony network;"semi-automatic relay installation" means a teletypewriter installation where interpretation of the relaying responsibility in respect of an incoming message and the resultant setting up of the connections required to effect the appropriate retransmissions require the intervention of an operator but where all other normal operations of relay are carried out automatically;"simplex" means a method in which telecommunication between two stations takes place in one direction at a time;"SNOWTAM" means a special series Notice to Airmen notifying the presence or removal of hazardous conditions due to snow, ice, slush or standing water associated with snow, slush and ice on the movement area, by means of a specific format;"telecommunication (RR S1.3)" means any transmission, emission, or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems;"teletypewriter tape" means a tape on which signals are recorded in the 5-unit Start-Stop code by completely severed perforations (Chad Type) or by partially severed perforations (Chadless Type) for transmission over teletypewriter circuits;"torn-tape" relay installation" means a teletypewriter installation where messages are received and relayed in teletypewriter tape form and where all operations of relay are performed as the result of operator intervention; and"tributary station" means an Aeronautical Fixed Station that may *route receive or transmit messages or digital data but which does not relay except for the purpose of serving similar stations connected through it to a communication centre.3. Application.
Part II – GENERAL REQUIREMENTS
4. Requirements for Communication, Navigation and Surveillance (CNS) Facilities.
The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the Communications, Navigation and Surveillance (CNS) facilities shall conform to these regulations.5. Certification of CNS Provider.
A person who wishes to provide Air Navigation Services service or operate a facility to support an air traffic service shall have an Air Navigation Services Provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations, 2018.6. Approval requirement.
7. Inspections and audits.
8. Siting and installation.
9. Commissioning requirement
An Air Navigation Service Provider shall-10. Availability and reliability of CNS facilities.
11. Interface arrangement for support services.
An Air Navigation Service Provider shall formalize interface arrangements where applicable with external organizations in the form of service level agreements, detailing the following-12. Record keeping and documentation.
13. Operations Manual
14. Periodic Inspection, Testing and Security of CNS facilities.
15. Flight Inspection and facility check after accident or incident.
An Air Navigation Service Provider shall—16. CNS Personnel Training and other requirements
An Air Navigation Services Provider shall—(a)ensure that it employs sufficient number of personnel who possess the skills and competencies required in the provision of the aeronautical telecommunication service;(b)provide in the MANSOPS an analysis of the personnel required to perform the Communication Navigation and surveillance services for each facility taking into account the duties and workload required;(c)develop job descriptions for each of its staff that depict the job purpose, key responsibilities, and outcome to be achieved of each staff;(d)develop an overall training policy and programme for the organization that shall lay down;(e)designate an officer in charge of training or on-job training at the operational stations;(f)maintain individual training records for each of its staff;(g)conduct a yearly review of the training plan for each staff at the beginning of the year to identify any gaps in competency and changes in training requirement and prioritize the type of training required for the coming year; and(h)ensure that the training requirements of these regulations are similarly applied to its maintenance contractors, if any.17. Radio frequency management and reporting.
18. Proficiency certification program.
19. Safety case, notification of Aeronautical facility status and interruption to service.
An Air Navigation Service Provider shall ensure that for safety critical systems, including automated air traffic control systems, communication systems and instrument landing systems, the commissioning of such systems shall include the conduct of a safety case or equivalent.Part III – ADMINISTRATIVE PROVISiONS RELATING TO THE INTERNATIONAL AERONAUTICAL TELECOMMUNICATION SERVICE
20. Division of service.
The International Aeronautical Telecommunication Service shall be divided into four parts-21. Telecommunication access.
All Aeronautical Telecommunication Stations, including end systems and intermediate systems of the Aeronautical Telecommunication Network, shall be protected from unauthorized direct or remote access.22. Hours of Service.
23. Supervision.
24. Superfluous transmissions.
The Authority shall ensure that there is no wilful transmission of unnecessary or anonymous signals, messages or data by any station within Kenya.25. Interference.
An Air Navigation Service Provider shall ensure that all precautions, such as the choice of frequency and of time and the reduction or if possible, the suppression of radiation are taken to avoid any harmful interference during tests and experiments in any station and any resulting interference eliminated as soon as possible.Part IV – GENERAL PROCEDURES FOR THE INTERNATIONAL AERONAUTICAL TELECOMMUNICATION SERVICE
26. Extensions of service and closing down of stations.
27. Acceptance of messages
28. Transmission and delivery of messages.
29. Time systems.
30. Record of communications.
31. Establishment of radio-communication.
32. Use of abbreviations and codes.
33. Cancellation of messages.
The Telecommunication Station shall cancel messages when the cancellation is authorized by the message originator.Part V – AERONAIJTICAL FIXED SERVICE (AFS)
34. Systems and applications used in the Aeronautical Fixed Service.
The Aeronautical Fixed Service shall comprise the following systems and applications in the International Aeronautical Telecommunication Service-35. Material permitted in Aeronautical Fixed Services messages.
The material permitted in Aeronautical Fixed Services messages shall be as specified in the First Schedule (1.1) to these Regulations.36. Air Traffic Services(AT5) direct speech circuits.
ATS direct speech communications shall be as specified in the Civil Aviation (Air Traffic Services) Regulations, 2018.37. Meteorological operational channels and meteorological operational telecommunication networks.
Meteorological operational channel procedures and meteorological operational communication network procedures shall be compatible with Aeronautical Fixed Telecommunications Network procedures.Aeronautical Fixed Telecominun ication Network
38. Categories of messages.
Subject to Regulations 28 and 29, the following categories of message shall be handled by the Aeronautical Fixed Telecommunication Network-39. Service messages.
40. Order of priority.
The order of priority for the transmission of messages in the Aeronautical Fixed Telecommunication Network shall be as follows-41. Same priority messages.
Messages having the same priority indicator shall be transmitted in the order in which they are received for transmission.42. Routing of messages and supervision message traffic.
Where an Aeronautical Fixed Telecommunication Networks is used, the routing of messages and supervision of message traffic shall be as specified in the Second Schedule to these Regulations.43. Failure of communications.
Where an Aeronautical Fixed Telecommunication Networks is used and there exists a communication failure, the requirements contained in the Second Schedule to these Regulations (1.3) shall be used.44. Long term retention of Aeronautical Fixed Telecommunication Networks traffic records.
45. Short term retention of Aeronautical Fixed Telecommunication Networks traffic records.
46. Test procedures on Aeronautical Fixed Telecommunication Networks channels.
Test messages transmitted on Aeronautical Fixed Telecommunication Networks channels for the purpose of testing and repairing lines shall comprise of the following—47. Characters of Aeronautical Fixed Telecommunication Networks messages.
Aeronautical Fixed Telecommunication Networks messages entered by the Aeronautical Fixed Telecommunication Networks origin station shall not exceed 2 100 characters in length.48. Stripped address.
Aeronautical Fixed Telecommunication Networks communication centre shall omit from the address all the addressee indicators not required for-49. Correction of errors during message terminated with an end-of-message signal if they contain known origination.
50. Predetermined distribution system of for Aeronautical Fixed Telecommunication Networks messages.
51. Message format - International Alphabet No.5 (IA-5).
All messages of International Alphabet No. 5 (IA-5) shall comply with the format specified in the Third Schedule to these Regulations.52. Action taken on mutilated messages in international Telegraph Alphabet No. 5 detected in computerized Aeronautical Fixed Telecommunication Network relay stations.
The action taken on mutilated messages in International Telegraph Alphabet No. 5 detected in computerized Aeronautical Fixed Telecommunication Network relay stations shall be as specified in Third Schedule to these Regulations.53. Transfer of Aeronautical Fixed Telecommunication Networks messages over code and byte independent circuits and networks
When Aeronautical Fixed Telecommunication Network messages are transferred across code and byte independent circuits and networks of the Aeronautical Fixed Service, the following shall apply—54. Air Traffic Services Message Handling Services (ATS-MHS)
The Air Traffic Services Message Handling Service application shall be used to exchange air traffic services messages between users over the Aeronautical Telecommunication Network internet in accordance to the Fourth Schedule to these Regulations.55. The Inter-Centre Communications
The Inter-Centre Communications applications set shall be used to exchange Air Traffic Services messages between air traffic service users over the Aeronautical Telecommunication Network internet.Part VI – AERONAUTICAL MOBILE SERVICE-VOICE COMMUNICATIONS
56. General procedures for aeronautical Mobile Service-Voice Communications
57. Categories of messages
The categories of messages handled by the Aeronautical Mobile Service and the order of priority in the establishment of communications and the transmission of messages shall be in accordance with Table 1.1 in the Fifth Schedule of these Regulations.58. Communications related to Direction Finding
Communications relating to direction finding shall be handled in accordance with these Regulations.59. Composition of flight safety messages
Flight safety messages shall comprise the following—60. Composition of meteorological messages
Meteorological messages shall comprise meteorological information to or from aircraft, other than those specified in regulation 61.61. Composition of flight regularity messages
Flight regularity messages shall comprise the following—62. Handling of same priority messages
Air Traffic Services units using direct pilot controller communication channels shall only be required to handle flight regularity messages provided this can be achieved without interference with their primary role and no other channels are available for the handling of such messages.63. Handling of same priority messages
Messages having the same priority shall be transmitted in the order in which they are received for transmission.64. Composition of inter-pilot air-to-air communication
65. Cancellation of messages
66. Radiotelephony procedures
The radiotelephony procedures for Aeronautical Mobile Service voice communication shall be as specified in the Fifth Schedule of these Regulations.67. Distress urgency and Radiotelephony Communication procedures
Distress and urgency Radiotelephony Communication procedures for Aeronautical Mobile Service- Voice communication shall be as specified in the Fifth Schedule to these Regulations.68. Communications related to acts of unlawful interference.
The station addressed by an aircraft being subjected to an act of unlawful interference or the first station acknowledging a call from such an aircraft, shall render all possible assistance, including notification of appropriate Air Traffic Service units and any other station, agency or person in a position to facilitate the flight.Part VII – AERONAUTICAL RADIO NAVIGATION SERVICE
69. Composition of aeronautical radio navigation service
The aeronautical radio navigation service shall comprise all types and systems of radio navigation aids in the international aeronautical service.70. Aeronautical Radio Navigation Service Direction Finding
Part VIII – AERONAUTICAL BROADCASTING SERVICE
71. Broadcast material.
The originator shall prepare a text of broadcast material in the form desired for transmission.72. Frequencies and schedules.
73. Interruption of service.
74. Radiotelephone broadcast procedures.
Part IX – AERONAUTICAL MOBILE SERVICE-DATA LINK COMMUNICATIONS
75. Composition of data link messages.
The composition of data link messages for Aeronautical Mobile Service - data link communication shall be as specified in the Sixth Schedule to these Regulations.76. Display of data link messages.
77. Controller Pilot Data Link Communication procedures.
The Controller Pilot Data Link Communication procedures in aeronautical mobile service - data link communication shall be as specified in Sixth Schedule to these Regulations.Part X – EXEMPTIONS
78. Requirements for application for exemption.
79. Review and publication.
80. Evaluation of the request.
Part XI – GENERAL PROVISIONS
81. Drug and alcohol testing and reporting.
82. Change of Name.
83. Change of address.
84. Replacement of documents.
A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed.85. Use and retention of documents and records.
86. Reports of violation.
87. Failure to comply with direction.
Any person who fails to comply with any direction given to him by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.88. Aeronautical fees.
Part XII – OFFENCES AND PENALTIES
89. Contravention of Regulations.
A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.90. Penalties.
A person who contravenes any provision of these Regulations, orders, notices or proclamations made there under shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not more than six months or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.91. Appeal.
Where any person is aggrieved by any order made under these Regulations the person may, within twenty one days of such order being made, appeal against the order to a National Civil Aviation Administrative Review Tribunal established under the Act.92. Transitional provisions.
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
06 July 2018
Commenced
Cited documents 0
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