Civil Aviation (Approved Training Organizations) Regulations, 2018

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Approved Training Organizations) Regulations, 2018.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "accountable manager" means the manager who has corporate authority for ensuring that all training commitments can be financed and carried out to the standard required by the Authority and any additional requirements defined by the approved training organization; "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; "approved training" means training conducted under special curricula and supervision approved by the Authority; "approved training organization" means an organization approved by the Authority to perform approved training as specified in these Regulations and operating under the supervision of the Authority; "air operator certificate" means a certificate authorizing an operator to carry out specified commercial air transport operations; "Authority" means the Kenya Civil Aviation Au...

Section 3. Requirements for an ATO Certificate Section 3(1)(a) an air operator certificate or an approved maintenance organisation certificate holder conducting training of its own personnel under the Civil Aviation (Air Operator Certification and Administration) Regulations, and the Civil Aviation (Approved Maintenance Organisation) Regulations, respectively; and Section 3(1)(b) an operator with an approved training programme in its operations manual under Civil Aviation (Operation of Aircraft) Regulations, Section 3(2) A person shall not conduct training, testing or checking in synthetic flight trainers without, or in violation of, an approved training organization certificate and training specifications required under these Regulations. Section 3(3) The Authority will issue to an approved training organization that meets the requirements of these Regulations, an ATO certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel, other than flight crew members, as approved by the Authority. Section 3(4) A holder of an approved training organization certificate shall, at all times, display that certificate in a plac...

Section 4. Evaluation and checking Section Where the Authority has authorized an approved training organization to conduct the testing required for the issue of a licence or rating, the testing shall be conducted by personnel authorized by the Authority or designated by the training organization in accordance with criteria approved by the Authority.

Section 5. Application for issuance or amendment of an ATO certificate Section 5(1) An applicant for an approved training organization certificate and training specifications, or for an amendment to an approved training organization certificate and training specifications shall apply at least ninety days before the beginning of any proposed training which was not approved before. Section 5(2) An applicant for an approved training organisation certificate shall submit an application on a form and manner prescribed by the Authority; and Section 5(3)(a) a statement showing that the minimum qualification requirement for each management position are met; Section 5(3)(b) a description of the minimum qualifications and ratings for each instructor; Section 5(3)(c) a statement acknowledging that the applicant may notify the Authority within ten working days of any change made in the assignment of persons in the required management or instructors positions; Section 5(3)(d) the proposed training specifications requested by the applicant; Section 5(3)(e) a description of the training equipment that the applicant proposes to use including the aircraft, the synthetic flight trainers including an...

Section 6. Validity of the certificate Section the Authority amends, suspends, revokes or otherwise terminates the certificate; or

Section 7. Inspection Section 7(1) The Authority may, at any time, inspect an approved training organization approved training organisation certificate holder's facilities, records, personnel and equipment to determine the approved training organisation's ongoing compliance with these Regulations. Section 7(2) The Authority shall conduct inspections at least once annually. Section 7(3) After the inspection specified in subregulation (1), an approved training organisation certificate holder shall be notified, in writing, of any deficiencies found during the inspection. Section 7(4) An inspection shall also be conducted on the applicant for, or on the holder of an approved training organisation certificate based outside Kenya. Section 7(5)(a) adequacy of, and qualifications of staff; Section 7(5)(b) validity of instructors' licences, ratings and logbooks; Section 7(5)(c) training aircraft, associated documents and maintenance records; Section 7(5)(d) synthetic flight trainers qualification and approval; Section 7(5)(e) facilities: library, class rooms, training equipment adequacy to the courses being conducted and the number of students; Section 7(5)(f) documentation: documents relat...

Section 8. Renewal of the certificate Section 8(1) An approved training organization may apply for renewal of its approved training organisation certificate at least sixty days before the expiry date in order to ensure continuity of the training, provided the approved training organisation meets the requirements prescribed in these Regulations. Section 8(2) The Authority shall inspect an approved training organisation that applies for a renewal to ensure that the approved training organisation meets the requirements prescribed in these Regulations.

Section 9. Suspension or revocation Section 9(1) The Authority shall suspend or revoke an approved training organization certificate, if it is established that a certificate holder has not met, or no longer meets the requirements of these Regulations. Section 9(2) The Authority may suspend, or revoke an approved training organisation certificate if it finds that the applicant does not comply with the approval requirements of these Regulations.

Section 10. Certificate holder responsibilities Section ensure that the facilities and working environment of an ATO are appropriate for the tasks to be performed;

Section 11. Quality system for ATO Section 11(1)(a) an independent audit procedure to monitor training standards; Section 11(1)(b) the integrity of knowledge examinations and practical assessments; and Section 11(1)(c) compliance with and adequacy of procedures. Section 11(2) The management of the quality system must include feedback of the independent audit findings to an approved training organisation senior management personnel and ultimately to the accountable manager to ensure, as necessary, corrective action. Section 11(3) The quality system shall meet the requirements prescribed in the First Schedule to these Regulations.

Section 12. Location of principal business office Section An applicant for, or holder of an approved training organisation certificate shall establish and maintain a principal business office that is physically located at the address shown on the certificate.

Section 13. Satellite approved training organisations Section 13(1)(a) the facilities, equipment, personnel and course content of the satellite approved training organisation meet the applicable requirements; Section 13(1)(b) the instructors at the satellite approved training organisation are under the direct supervision of management personnel of the principal approved training organisation; and Section 13(1)(c) an approved training organisation certificate holder's training specifications reflect the name and address of the satellite approved training organisation and the approved training courses offered at the satellite approved training organisation. Section 13(2) The Authority shall issue training specifications which prescribe the operations required and authorized at each satellite approved training organisation. Section 13(3) An approved training organisaiton may sub-contract certain activities to any other organizations subject to the approval of the Authority. Section 13(4) The ultimate responsibility for the training provided by the satellite approved training organisation remains with the principal approved training organisation. Section 13(5) An approved training orga...

Section 14. Changes requiring notice to the Authority Section 14(1)(a) the Accountable Manager; Section 14(1)(b) the Head of Quality; Section 14(1)(c) the instructors; Section 14(1)(d) the housing, training facilities and equipment, procedures, training programs and work scope that could affect the approval; Section 14(1)(e) a description of the method used for the completion and retention of the training records; and Section 14(1)(f) any changes to an approved manual. Section 14(2) The Authority may prescribe the conditions under which an approved training organisation may operate during the period such changes as specified in subregulation (1) occurs unless the Authority determines that the approval be suspended.

Section 15. Training Manual and Procedures Manual Section 15(1) An applicant or a holder of an approved training organization certificate shall prepare and maintain a training manual and procedures manual, approved by the Authority containing information and instructions to enable staff to perform their duties and to give guidance to students on how to comply with course requirements, as listed in the training manual and procedures manual set out in the Second Schedule to these Regulations. Section 15(2) An approved training organisation may combine the training manual and the procedures manual. Section 15(3) An approved training organisation shall ensure that the training manual and procedures manual is amended and approved by the Authority as necessary to keep the information contained therein up to date. Section 15(4) Proposed amendments to the training manual and procedures manual shall be furnished promptly to the Authority for approval. Section 15(5) An approved training organisation shall provide the approved amendments to all organizations or persons to whom the manual has been issued. Section 15(6) An approved training organization shall provide training and procedures man...

Section 16. Safety Programme and management System Section 16(1) The Authority shall establish a safety programme in order to achieve an acceptable level of safety in an approved training organisation under these Regulations. Section 16(2) An approved training organisation holder shall establish and maintain a safety management system acceptable to the Authority as outlined in the Civil Aviation (Safety Management) Regulations.

Section 17. Flight crew training courses Section private pilot licence course;

Section 18. Personnel Section 18(1)(a) an accountable manager; Section 18(1)(b) a head of quality; Section 18(1)(c) a head of training; Section 18(1)(d) a chief flight instructor, as applicable; Section 18(1)(e) a chief ground instructor as applicable; and Section 18(1)(f) an adequate number, as approved by the Authority, of ground and flight instructors relevant to the courses provided. Section 18(2) A person serving in a required management position of an approved training organisation shall not serve simultaneously in a management position in another approved training organisation. Section 18(3) An instructor to be used for flight training must hold an instructor rating or authorization in accordance with the Civil Aviation (Personnel Licensing) Regulations relevant to the instructions given. Section 18(4) An approved training organisation shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities; the training program for instructional personnel established by the approved training organisation shall include training in knowledge and skills related to human performance. Section 18(5) The respo...

Section 19. Training program and approval Section 19(1) An applicant for, or a holder of an approved training organisation certificate, shall apply to the Authority for training program approval. Section 19(2)(a) a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phase presentation, a list of standard exercises and a curriculum summary, in particular, synthetic flight training and theoretical knowledge instruction shall be phased in such a manner as to ensure that students shall be able to apply to flying exercises the knowledge gained on the ground; Section 19(2)(b) minimum aircraft and flight training equipment requirements for each proposed program; Section 19(2)(c) minimum instructor qualifications for each proposed program; and Section 19(2)(d) a program for initial training and continuing training of each instructor employed to instruct in a proposed program. Section 19(3) The content and sequence of the training program shall be acceptable to the Authority. Section 19(4)(a) a general description of the scope of training authorized under the organization's terms of approval; Section 19(4)(b) the content of the training programmes offered i...

Section 20. Training aircraft Section 20(1) A holder of an approved training organization certificate shall provide anadequate fleet of training aircraft, as approved by the Authority, appropriate to the courses of training for flight crew licences and ratings. Section 20(2) A training aircraft provided under subregulation (1) shall be fitted with duplicated primary flight controls for use by the instructor and the student and shall not have swing-over flight controls. Section 20(3)(a) as appropriate to the courses of training, aeroplanes suitable for demonstrating stalling and spin avoidance; Section 20(3)(b) helicopters shall include, as appropriate to the courses of training, a helicopter suitable for auto-rotation demonstration; and Section 20(3)(c) aircraft suitably equipped to simulate instrument meteorological conditions and suitably equipped for instrument flight training and testing.

Section 21. Synthetic flight trainers Section 21(1)(a) satisfy the Authority that suitably equipped synthetic flight trainers are provided having regard to the number of students and organization of courses; and Section 21(1)(b) each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable; and Section 21(1)(b)(i) each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable; and Section 21(1)(b)(ii) each training program or training course in which the synthetic flight trainer is used, if that program or course is used to satisfy any requirement of these Regulations. Section 21(2) Synthetic training devices shall be qualified according to the requirements established by Kenya and their use shall be approved by the Licensing Authority to ensure that they are appropriate to the task.

Section 22. Aerodrome and sites Section 22(1) An applicant for, or a holder of, an approved training organisaiton certificate that intends to conduct or conducts flight training shall show that it has continuous use of each airport and sites for helicopter training at which training flights originate and that the airport has an adequate runway and other necessary equipment. Section 22(2)(a) under calm wind of not more than five knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area; Section 22(2)(a)(i) under calm wind of not more than five knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area; Section 22(2)(a)(ii) clearing all obstacles in the take-off flight path by at least fifty feet; Section 22(2)(a)(iii) with the powerplant operation and the landing gear, if applicable recommended by the manufacturer; Section 22(2)(a)(iv) with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques; Section 22(2)(b) wind direction indicator that is visible at ground level from the ends of each ru...

Section 23. Training facilities Section 23(1) An applicant for, or a holder of an approved training organisation certificate shall, subject to the determination by the Authority, have facilities appropriate for the maximum number of students expected to be taught at any time. Section 23(2)(a) an operation room; Section 23(2)(a)(i) an operation room; Section 23(2)(a)(ii) a flight planning room; Section 23(2)(a)(iii) adequate briefing rooms; Section 23(2)(a)(iv) an office for the instructors; Section 23(2)(b) classroom accommodation; Section 23(2)(b)(i) classroom accommodation; Section 23(2)(b)(ii) suitable demonstration equipment; Section 23(2)(b)(iii) a radio telephony training and testing facility; Section 23(2)(b)(iv) a library; and Section 23(2)(b)(v) an office for instructors. Section 23(3) A holder of an approved training organisaition certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program unless that change is approved by the Authority in advance. Section 23(4)(a) shall not be shared with or used by another approved training organisation; and Section 23(4)(b) shall be adequate, as approved...

Section 24. Training courses for licenses and ratings for aircraft maintenance engineers, air traffic controllers and flight operation officers Section aircraft maintenance engineers basic course;

Section 25. Personnel Section 25(1)(a) an accountable manager; Section 25(1)(b) a head of quality; Section 25(1)(c) a head of training; Section 25(1)(d) a chief instructor; and Section 25(1)(e) an adequate number of instructors relevant to the courses provided, qualified in accordance with the requirements of the Civil Aviation (Personnel Licensing) Regulations. Section 25(2) A person serving in a required management position in an approved training organisation shall not serve in a management position in another approved training organisation unless approved by the Authority. Section 25(3) An approved training organisation shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities of the training program established by the training organization and shall include training in knowledge and skills related to human performance. Section 25(4) The personnel specified in this regulation shall submit their credentials to the Authority and shall show that they have relevant qualifications and satisfactory experience related to approved training as appropriate in accordance with the Third Schedule to these...

Section 26. Training Program and approval Section 26(1)(a) apply to the Authority for an approval of a training program; Section 26(1)(b) ensure that each training program submitted to the Authority for approval meets the applicable requirements; Section 26(1)(c) courses which are part of the program; and Section 26(1)(c)(i) courses which are part of the program; and Section 26(1)(c)(ii) requirements ofthe Civil Aviation (Personnel Licensing) Regulations which may be satisfied. Section 26(2) Where the Authority finds that the approved training programme does not meet the applicable requirements, it shall require the holder to make revision in the training programme. Section 26(3) Approved training for air traffic controllers shall be conducted within an approved training organization.

Section 27. Training facilities, equipment and material for aircraft maintenance engineer courses Section 27(1)(a) an enclosed adequately equipped classroom; Section 27(1)(b) a well equipped library; Section 27(1)(c) workshops, equipment, tools, adequate supply of materials, special tools and similar articles for the rating sought; Section 27(1)(d) adequate office facilities; and Section 27(1)(e) secure storage facilities for examination papers and training records. Section 27(2) An applicant for, or holder of an approved training organisation certificate with approved licenced maintenance engineer courses shall have and maintain the adequate instructional equipment as is appropriate to the rating sought. Section 27(3) A holder of an approved training organisation certificate shall not make any change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance. Section 27(4) An applicant for, or holder of, an approved training organisation certificate to conduct aircraft maintenance engineer courses shall ensure that the tools, equipment, materials, and instructional equipment required by...

Section 28. Training facilities, equipment and material for air traffic controllers or flight radio telephony operator Section 28(1)(a) an enclosed adequately equipped classroom; Section 28(1)(b) well equipped library; Section 28(1)(c) well designed simulators appropriate for the rating sought; Section 28(1)(d) adequate office accommodation for instructors; Section 28(1)(e) control desk or console where applicable; Section 28(1)(f) international Civil Aviation Organisation approved syllabus for rating being sought; and Section 28(1)(g) secure storage facilities for examination papers and training records. Section 28(2) An applicant for, or a holder of, an approved training organisation certificate with air traffic control or flight radio telephony operator courses shall maintain instructional equipment as is appropriate to the rating sought. Section 28(3) A holder of an approved training organisation certificate to train airtraffic controllers or flight radio telephony operators shall not make any change in facilities, equipment, simulators or materials that have been approved for a particular training unless that change is approved by the Authority in advance. Section 28(4) An app...

Section 29. Training facilities, equipment and material for flight operations officers or cabin crew members Section 29(1)(a) adequate enclosed classroom; Section 29(1)(b) an operations room; Section 29(1)(b)(i) an operations room; Section 29(1)(b)(ii) a flight planning room; Section 29(1)(b)(iii) an office for the instructors; Section 29(1)(c) suitable demonstration equipment and cabin mock-ups; Section 29(1)(d) suitable radio telephony training and testing facility (for flight operations officer training only); Section 29(1)(e) a library; and Section 29(1)(f) secure storage facilities for examination papers and training records. Section 29(2) An applicant for, or a holder of an approved training organisation certificate for flight operations officers or cabin crew members courses shall have and maintain instructional equipment appropriate for the training sought. Section 29(3) A holder of an approved training organisation certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance. Section 29(4) An applicant for, or holder of, an approved...

Section 30. Advertising limitations Section 30(1)(a) conduct or advertise to conduct any training, testing, or checking that is not approved by the Authority if that training is designed to satisfy any requirement of these Regulations; Section 30(1)(b) make any statement relating to its approved training organisation certification and training specifications that is false or designed to mislead any person contemplating enrolment in that approved training organisaiton; or Section 30(1)(c) advertise that the approved training organisation is certified unless it clearly differentiates between courses that have been approved under these Regulations and those that have not been approved under these Regulations. Section 30(2)(a) remove all indications, including signs, wherever located, that the approved training organisation was certified by the Authority; and Section 30(2)(b) notify all advertising agents, and advertising media employed by the approved training organisation to cease all advertising indicating that the ATO is certified by the Authority.

Section 31. Requirements for application Section 31(1) A person may apply to the Authority for an exemption from any of the provisions of these Regulations. Section 31(2) An application for an exemption shall be submitted to the Authority at least sixty days in advance of the proposed effective date, to obtain timely review. Section 31(3)(a) name; Section 31(3)(b) physical address and mailing address; Section 31(3)(c) telephone number; Section 31(3)(d) fax number if available; and Section 31(3)(e) email address if available. Section 31(4) The application shall be accompanied by a fee prescribed by them Authority.

Section 32. Substance of the request for exemption Section 32(1)(a) a citation of the specific requirement from which the applicant seeks exemption; Section 32(1)(b) an explanation of why the exemption is needed; Section 32(1)(c) a description of the type of operations to be conducted under the proposed exemption; Section 32(1)(d) the proposed duration of the exemption; Section 32(1)(e) an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole; Section 32(1)(f) 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; Section 32(1)(g) a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and Section 32(1)(h) if the applicant seeks to operate under the proposed exemption outside of Kenya's airspace, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization as well as the Regulations pertaining to the airspace in whi...

Section 33. Review by the Authority Section 33(1) The Authority shall review the application for accuracy and compliance with the requirements of regulations 31 and 32. Section 33(2) If the application appears on its face to satisfy the provisions of thisregulation and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application in the Government Gazette for comment and specify the date by which comments must be received by the Authority for consideration. Section 33(3) Where the filing requirements of Regulations 31 and 32 have not been met, the Authority will notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with these Regulations. Section 33(4) If the request is for emergency relief, the Authority shall publish the application or the Authority's decision as soon as possible after processing the application.

Section 34. Evaluation of the request Section 34(1)(a) an exemption would be in the public interest; Section 34(1)(b) 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; Section 34(1)(c) a grant of the exemption would contravene the applicable International Civil Aviation Organisation Standards and Recommended Practices; and Section 34(1)(d) the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. Section 34(2) The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request. Section 34(3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. Section 34(4) If the exemption affects a significant population of the aviation community of Kenya the Authority shall publish the summary in the aeronautical informat...

Section 35. Possession of the licence Section 35(1) A holder of a licence, certificate or authorisation issued by the Authority shall have that licence, certificate or authorisation in his physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation. Section 35(2) A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or authorisation and have that licence, certificate or authorisation in his physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.

Section 36. Drug and alcohol testing and reporting Section 36(1) A person who performs any function requiring the Authority's approval may be tested for drug or alcohol usage. Section 36(2)(a) refuses to submit to the test; or Section 36(2)(b) having submitted to the test, refuses to authorise the release of the test results, the Authority may suspend or revoke the certificate of the approved training organisation that employs that person. Section 36(3)(a) whether the approved training organisation had knowledge of the drug or alcohol use; Section 36(3)(b) whether the approved training organisaitonencouraged the person to refuse the drug or alcohol test; Section 36(3)(c) whether the approved training organisation dismissed the person who failed or refused the drug tests; or Section 36(3)(d) the position that person held in the approved training organisation. Section 36(4) The Authority shall require an approved training organisation to show cause why that person should not be dismissed from the employment of the approved training organisation. Section 36(5) A person who is convicted, whether in or outside Kenya, for any offence relating to the growing, processing, manufacture, sale...

Section 37. Inspection of certificate and authorisations Section A person who holds a certificate, approval, or authorisation required by these Regulations shall present it for inspection upon a request from the Authority or any other person authorised by the Authority.

Section 38. Change of name Section 38(1) A holder of a certificateor authorisation issued under these Regulations may apply to change the name on a certificate or authorisation. Section 38(2)(a) the current certificate or authorisation; and Section 38(2)(b) a court order, or other legal document verifying the namechange. Section 38(3) The Authority may change the certificate or authorisation and issue a replacement thereof. Section 38(4) The Authority reserves the right to refuse the change of name. Section 38(5) The Authority shall return to the holder the original documents specified in subregulation 2(b) and retain copies thereof and return the replaced certificate or authorisation with the appropriate endorsement.

Section 39. Change of address Section 39(1)(a) physical address, at least fourteen days in advance; Section 39(1)(b) mailing address upon the change. Section 39(2) A person who fails to notify the Authority of the change of physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate or authorisation.

Section 40. Replacement of documents Section A person may apply to the Authority in the prescribed form and after paying a prescribed fee for replacement of documents issued under these Regulations if such documents are lost or destroyed.

Section 41. Certificate suspension and revocation Section 41(1) The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, licence, approval, exemption, authorisation or such other document issued, granted or having effect under these Regulations. Section 41(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 certificate, licence, approval, exemption or such other document issued or granted under these Regulations. Section 41(3) The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. Section 41(4) A holder or any person having the possession or custody of any certificate, approval, exemption or such other documents which has 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 41(5) The breach of any condition subject to which any certificate, approval, exemption or any other docu...

Section 42. Use and retention of certificates and records Section 42(1)(a) use any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations which has been forged, altered, revoked, or suspended, or to which he is not entitled; or Section 42(1)(b) forge or alter any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations; or Section 42(1)(c) lend any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations to such other person; or Section 42(1)(d) make any false representation for the purpose of procuring for himself or any other person the grant issue renewal or variation of any such certificate, approval, or exemption or such other document. Section 42(2) During the period for which it is required under these Regulations tobe 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 wilfully omit to make...

Section 43. Record keeping Section 43(1)(a) details of training given to individual students; Section 43(1)(b) detailed and regular progress reports from instructors including assessments, and regular progress tests and examinations; Section 43(1)(c) trainee information, including, names, course, certificates held, expiry dates of medical certificates and if applicable, ratings. Section 43(2) An approved training organisation shall maintain a system for recording the qualifications and training of instructional and examining staff, where appropriate. Section 43(3) Records of qualifications and training of instructors and examiners shall be retained for a minimum period of ten years after the instructor or examiner ceases to perform a function for the training organization. Section 43(4) An approved training organisation shall submit training records andreport as required by the Authority. Section 43(5) The format of the student training records shall be specified in the training manual.

Section 44. Reports of violation Section 44(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 44(2) The Authority will determine the nature and type of any additional investigation or enforcement action that need be taken.

Section 45. Enforcement of directions Section A 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.

Section 46. Aeronautical user fees Section 46(1) The Authority may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder. Section 46(2) Upon an application being made in connection with which any feeis chargeable in accordance with the subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable. Section 46(3) If, after 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 47. Extra-territorial application of Regulations Section in so far as they apply, whether by express reference or otherwise, to aircraft registered in Kenya, shall apply to such aircraft wherever they may be;

Section 48. Contravention of Regulations Section A person who contravenes any provision of these Regulations may have his certificate, licence, approval, authorisation, exemption or such other document revoked or suspended.

Section 49. Penalties Section 49(1) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or, the pilot in command is not the person who contravened that provision he shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this Regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention. Section 49(2) 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. Section 49(3) Where a person is charged with contravening a provision of these Regulations orders, notic...

Section 50. Revocation. L.N. 77/2013 Section The Civil Aviation (Approved Training Organisations) Regulations, 2013 are revoked.