Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2018

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2018.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Civil Aviation Act ( Cap. 394 ); "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 earth's surface; "airship" means a power-driven lighter-than-air aircraft; "Authority" means the Kenya Civil Aviation Authority; "balloon" means a non-power-driven lighter-than-air aircraft; "commercial air transport" means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire; "Contracting State" means a state that is a signatory to the Convention on International Civil Aviation; "fireproof material" means a material capable of withstanding heat as well or better than steel when the dimensions in both cases are appropriate for the specific purpose; "glider" means a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic rea...

Section 3. General provisions Section 3(1)(a) for an aircraft eligible for registration under the laws of Kenya, the aircraft has been registered by the operator or its owner in accordance with these Regulations and the Authority has issued a certificate of registration for that aircraft which shall be carried aboard that aircraft for all operations; or Section 3(1)(b) a contracting State to the Convention on International Civil Aviation; or Section 3(1)(b)(i) a contracting State to the Convention on International Civil Aviation; or Section 3(1)(b)(ii) 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. Section 3(2)(a) the aircraft is registered outside of Kenya; Section 3(2)(b) an unqualified person is entitled as owner to any legal or beneficial; Section 3(2)(c) interest in the aircraft or to any share therein; Section 3(2)(d) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Kenya; or Section 3(2)(e) the aircraft does not qualify to be issued with a certifica...

Section 4. Eligibility for registration Section 4(1)(a) either owned or leased by a citizen of Kenya, an individual citizen of a foreign State who is lawfully admitted for residency in Kenya, a corporation lawfully organized and doing business under the laws of Kenya, or a government entity of Kenya; and Section 4(1)(b) not registered under the laws of any foreign country. Section 4(2)(a) the Government of Kenya; Section 4(2)(b) citizens of Kenya or persons bona fide resident in Kenya; Section 4(2)(c) such other persons as the Authority may approve, on condition that the aircraft is not used for commercial air transport, flying training or aerial work and such other conditions as the Authority may specify; and Section 4(2)(d) established under subject laws of Kenya; or; Section 4(2)(d)(i) established under subject laws of Kenya; or; Section 4(2)(d)(ii) established under and subject to the laws of such country as the Authority may approve. Section 4(3) 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 Authority, upon being satisfied that the aircraft may otherwise be...

Section 5. Application for Registration of aircraft Section 5(1)(a) certify as to the citizenship of the applicant; Section 5(1)(b) show evidence identifying ownership; and Section 5(1)(c) be signed in ink. Section 5(2) The application for aircraft registration shall be submitted with the prescribed fee to the Authority. Section 5(3)(a) the applicant is legally entitled to the aircraft; Section 5(3)(b) a written notice is submitted to the Authority identifying the person making the application on behalf of the owner; Section 5(3)(c) in case of a body corporate, a written notice identifying an officer of the body corporate, and address, who may be served with documents, including the registration certificate issued by the Authority; Section 5(3)(d) for imported aircraft with previous registration of a foreign country, a statement issued by the authority responsible for registration of aircraft in that country stating when the registration was cancelled; Section 5(3)(e) a description of the aircraft that identifies it by reference to its manufacturer; Section 5(3)(f) if the aircraft has previously been registered in Kenya or anywhere else particulars of the registration mark, if it h...

Section 6. Registration of aircraft Section the nationality mark of the aircraft, and the registration mark assigned to it by the Authority;

Section 7. Certificate of registration Section 7(1) The Authority 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, as set out in the Second Schedule, which shall include the particulars specified in regulation 6 and the date on which the certificate was issued. Section 7(2) Subject to regulation 4, 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, or the ownership of that aircraft is transferred to a person not qualified under the provisions of Regulation 4, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Authority for cancellation.

Section 8. Change of registration or ownership particulars Section 8(1)(a) any change in the particulars which were furnished to the Authority upon application being made for the registration of the aircraft; Section 8(1)(b) the destruction of the aircraft or its permanent withdrawal from use; and Section 8(1)(c) in the case of an aircraft registered in pursuance of regulation 4(4), the termination of the lease, charter or hire-purchase agreement. Section 8(2) A person who becomes the owner of an aircraft registered in Kenya shall inform the Authority in writing. Section 8(3) The Authority may, where it appears necessary or appropriate, or for purposes of updating the register in accordance with subregulation (1) and (2), correct or amend the particulars entered on the register. Section 8(4) For purposes of this regulation reference to the registered owner of the aircraft includes, in the case of a deceased person, his legal representative and in the case of a body corporate which has been dissolved, its successor.

Section 9. Deregistration of an aircraft Section 9(1)(a) upon application by the registered owner for purposes of registering the aircraft in another state or for any other purpose; or Section 9(1)(b) upon the destruction of the aircraft or its permanent withdrawal from use. Section 9(2)(a) return to the Authority the certificate of aircraft registration; Section 9(2)(b) settles any liens or encumbrances attached to the aircraft; Section 9(2)(c) remove all nationality and registration marks assigned to the aircraft; and Section 9(2)(d) comply with any such other conditions as the Authority may specify.

Section 10. Marking and manner of affixation Section 10(1) A person shall not operate an aircraft registered in Kenya unless it displays nationality and registration marks in accordance with the requirements of these Regulations. Section 10(2) The marks used to identify the nationality of Kenya shall conform to the requirements outlined in regulation 11 followed by a series of numbers or letters assigned by the Authority. Section 10(3) Unless otherwise authorized by the Authority, a person shall not place on any aircraft a design, mark or symbol that modifies or confuses the nationality and registration marks. Section 10(4)(a) the three-letter combinations beginning with Q used in the Q Code; Section 10(4)(b) five-letter combinations used in the International Code of Signals; Section 10(4)(c) the distress signal SOS, or other similar urgent signals, for example XXX, PAN and TTT; or Section 10(4)(d) the marks used shall not be so similar to international marks as to be confused with the International Five Letter Code of Signals or Distress Codes or codes referenced in the current and effective International Telecommunications Regulations. Section 10(5)(a) be painted on the aircraft...

Section 11. Display of marks Section 11(1) An owner of an aircraft registered in Kenya shall display marks on that owner's aircraft the nationality mark "5Y" followed by the registration of the aircraft consisting of three Roman Capital letters assigned by the Authority with a hyphen placed between the nationality mark and the registration mark. Section 11(2) If, because of the aircraft configuration, it is not possible to mark the aircraft in accordance with these Regulations, the owner may apply to the Authority for a different procedure.

Section 12. Location of marks Section 12(1)(a) the marks shall be located on the lower surface of the port wing of the aircraft unless they extend across the lower surfaces of both of the wings of the aircraft and shall as far as possible, be located equidistant from the leading and trailing edges of the wing or wings with the top of the letters, and number, comprising the marks, towards the leading edge of the wing or wings; Section 12(1)(a)(i) the marks shall be located on the lower surface of the port wing of the aircraft unless they extend across the lower surfaces of both of the wings of the aircraft and shall as far as possible, be located equidistant from the leading and trailing edges of the wing or wings with the top of the letters, and number, comprising the marks, towards the leading edge of the wing or wings; Section 12(1)(a)(ii) for an aircraft having more than one set of wings, the mark shall be placed on the lower wing or the lower set of wings, as the case maybe; Section 12(1)(a)(iii) the marks shall also appear either on the fuselage, or equivalent structure, of the aircraft or on the vertical tail surface of the aircraft, and shall be on each side of the fuselage...

Section 13. Measurement of marks Section 13(1) A person shall not operate an aircraft unless the aircraft is marked with the number and letters comprising one or more marks on the same aircraft of equal height. Section 13(2) The width of each letter and number (except the letter I and the number ('1') and the length of each hyphen must be two-thirds the height of a letter or number. Section 13(3)(a) formed by solid lines with thickness of one-sixth of the height of the marks; and Section 13(3)(b) of colour that is clear contrast to the colour of the background to the marks. Section 13(4) Each letter, or number, shall be separated from a letter, a number or hyphen, which precedes or follows it, by a space not less than one quarter of the width of a character (except the letter I and the number ('1'). Section 13(5) In the case of lighter-than-air aircraft, other than unmanned free balloons, the length of the marks shall be at least 50 centimeters. Section 13(6) Where a lighter than air aircraft does not possess parts of sufficient size to accommodate the mark described in sub - regulation 5, the measurements of the marks shall be determined by the Authority taking into account of the...

Section 14. Types of characters for nationality and registration marks Section A person shall not operate an aircraft unless the aircraft is marked with capital letters in Roman characters without ornamentation; numbers shall be Arabic numbers without ornamentation and hyphens shall be considered as characters.

Section 15. Deviations for size and location of marks Section 15(1) Where either one of the surfaces authorized for displaying required marks is large enough for display of marks meeting the size requirements of these Regulations and the other is not, the registered owner shall place full-size marks on the larger surface. Section 15(2) Where, neither surface is large enough for full-size marks; the Authority may approve marks as large as practicable for display on the larger of the two surfaces.

Section 16. Removal of marks Section When an aircraft registered in Kenya is sold, the holder of the certificate of registration shall upon de-registration remove, before its delivery to the purchaser, all nationality and registration marks of Kenya, unless the purchaser is a citizen or other legal entity as prescribed in Regulation 4(1).

Section 17. Identification plate-required Section containing the aircraft type, model, serial number, nationality and registration marks;

Section 18. Inspection of certificate of registration Section A person who holds a certificate of registration required by these Regulations shall present it for inspection upon a request from the Authority or any other person authorized by the Authority.

Section 19. Change of name Section 19(1) A holder of a certificate issued under these Regulations may apply to change the name on the certificate. Section 19(2)(a) the current certificate; and Section 19(2)(b) a court order, or other legal document verifying the name change. Section 19(3) The Authority may change the certificate and issue a replacement of the certificate. Section 19(4) The Authority shall return to the holder the original documents specified in subregulation 2(b) of this regulation and retain copies thereof and return the replaced certificate with the appropriate endorsement.

Section 20. Change of Address Section 20(1)(a) the physical address, at least fourteen days in advance; and Section 20(1)(b) the mailing address upon the change. Section 20(2) A person who fails to notify the Authority of the change in the physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.

Section 21. Replacement of certificate Section A person may apply to the Authority in the prescribed form for replacement of certificate of registration issued under these Regulations if such certificate is lost or destroyed.

Section 22. Certificate, suspension and revocatlons Section 22(1) The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate issued, granted having effect under these Regulations. Provided that, whether or not such further investigation has been completed, a provisional suspension under this subregulation shall, if not otherwise terminated, cease to have effect after 28 days. Section 22(2) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any document issued or granted under these Regulations. Section 22(3) The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. Section 22(4) A holder or any person having the possession or custody of any document which have been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation. Section 22(5) The breach of any condition subject to which any document has been grant...

Section 23. Use and retention of certificates and records Section 23(1)(a) use any certificate issued under these Regulations which has been forged, altered or to which he is not entitled; Section 23(1)(b) forge or alter any certificate issued under these Regulations; Section 23(1)(c) lend any certificate issued under these Regulations to any other person; or Section 23(1)(d) make any false representation for the purpose of procuring for himself or any other person the issue or change of any such certificate. Section 23(2) During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, 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 record, or willfully omit to make a material entry in such record. Section 23(3) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material. Section 23(4) A person shall not purport to issue any certificate for the purpose of these Regulations unless he is authorised to do s...

Section 24. Reports of violation Section 24(1) Any person who knows of a violation of the Act, or any rule, regulation, or order issued there under, shall report it to the Authority. Section 24(2) The Authority will determine the nature and type of any additional investigation or enforcement action that need to be taken.

Section 25. Enforcement of directions Section 25(1) The Authority shall take enforcement action on any regulated entity that fails to comply with the provisions of these Regulations. Section 25(2) Inspectors of the Authority holding valid delegations shall take necessary action to preserve safety where an undesirable condition has been detected. Section 25(3)(a) in the case of a regulated entity, imposition of operating restrictions until such a time that the existing undesirable condition has been resolved; and Section 25(3)(b) in the case of a licensed personnel, require that the individual does not exercise the privileges of the license until such a time that the undesirable condition has been resolved. Section 25(4) In carrying out the enforcement actions pursuant to the provisions of subregulation (2), the inspectors of the Authority shall invoke the powers with due care and act in good faith in the interest of preserving safety.

Section 26. Aeronautical user fees Section 26(1) The Authority shall notify the fees to be charged in connection with the issue including the issue of a duplicate copy thereof, or the undergoing of any examination or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder. Section 26(2) Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable. Section 26(3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

Section 27. Application of regulations to Government and visiting forces, etc. Section 27(1) These Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the Department or other authority for the time being responsible for 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, to be the owner of the interest of the Government in the aircraft. Section 27(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 provision of these regulations to the same extent as if the visiting force formed part of the military force of Kenya. Section 27(3) Meteorological pilot balloons used exclusively for meteorological purposes or unmanned free balloons without a payload, shall be exempt from the provision of this regulation except as otherwise expressly provided.

Section 28. Extra-territorial application of Regulations Section in so far as they apply, whether by express reference or otherwise, to aircraft registered in Kenya, apply to such aircraft wherever they may be;

Section 29. Contravention of Regulations Section The Authority may suspend or revoke the licence, certificate, approval, authorisation, exemption or other document of a person who contravenes any provision of these Regulations.

Section 30. Appeals to the Tnbunal Section A person aggrieved with the decision of the Authority under these Regulations may within 21 days of such decision appeal to the Tribunal.

Section 31. Offences Section 31(1) A person who contravenes any provision specified as an "A" provision in the Third Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence and or to imprisonment for a term not exceeding one year or to both. Section 31(2) A person who contravenes any provision specified as a "B" provision in the Third Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and or to imprisonment for a term not exceeding three years or to both. Section 31(3) A person who contravenes any provision of these Regulations not being a provision referred to in the Third Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a second or subsequent conviction for the like offence to a fine not exceeding four million shillings.

Section 32. Revocation of L.N No. 79 of 2013 Section The Civil Aviation (Aircraft and Registration Markings) Regulations, 2013 (L.N. 79/2013) are revoked.

Section 33. Transition Section 33(1) A license, certificate, approval or any other document issued to a person or operator prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires, varied or cancelled by the Authority. Section 33(2) Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any acts, duties or operations affected by these Regulations shall, within one (1) year from the date of commencement, or within such longer time that the Cabinet Secretary may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such acts, duties or operations.