Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017.

Section 2. Interpretation Section being in the aircraft; or

Section 3. Application Section 3(1) These Regulations shall apply to any person who imports, tests, operates, procures, assembles, manufactures or maintains a remotely piloted aircraft system registered in Kenya wherever they may be and any other such aircraft operating in Kenya. Section 3(2)(a) State aircraft; Section 3(2)(b) unmanned free balloons or airships; Section 3(2)(c) operation of toys:

Section 4. Classification of RPAS equipment Section Remote piloted aircraft systems shall be classified and categorized by weight and use as set out in the Table below: Cat A: Utilized for recreational and sports purposes onlyCat B: Utilized for private activities excluding recreational and sports purposes.Cat C: Utilized for commercial activities.Class 1:0 - 5kgs (Including any payload carried by the RPAS)1A1B1CClass 2:5 - 25kgs (Including any payload carried by the RPAS)2A2B2CClass 3:25kgs and above (Including any payload carried by the RPAS)3A3B3C

Section 5. Eligibility to ownership of RPAS Section 5(1)(a) a Kenyan citizen or resident in Kenya of minimum age of eighteen years; Section 5(1)(b) a company registered in Kenya; or Section 5(1)(c) the national government or a county government. Section 5(2) Change of ownership of a remote piloted aircraft system shall be notified to the Authority in writing within seven days following such change. Section 5(3) A person shall not own, register or operate remote piloted aircraft system with military specifications.

Section 6. Import and export of RPAS Section 6(1) A person shall not import a remote piloted aircraft system or a component thereof without a permit issued by the Authority. Section 6(2) Before issuing a permit referred to under paragraph (1) above, the Authority shall seek and obtain the necessary security clearance by the relevant security agencies and approval by the Ministry for the time being responsible for matters relating to defence. Section 6(3) A person who intends to export a Kenyan registered remote piloted aircraft system shall notify the Authority in writing and obtain a deregistration certificate. Section 6(4) Any person who contravenes the provisions of this regulation commits an offence and shall be liable, upon conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. Section 6(5) Notwithstanding the provisions of paragraph (4) , the Authority may confiscate any imported remote piloted aircraft system or a component thereof belonging to a person who contravenes the provisions of this regulation.

Section 7. Manufacture, assembly and testing Section 7(1) Any person intending to manufacture, assemble or test a remotely piloted aircraft system or a component thereof shall apply for authorization from the Authority subject to necessary security clearance by relevant security agencies. Section 7(2) Any person who contravenes the provisions of paragraph (1) commits an offence and shall be liable, upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both.

Section 8. Registration of remote piloted aircraft system Section 8(1) An operator or owner of a remote piloted aircraft system shall register that remote piloted aircraft system with the Authority. Section 8(2) Before registering the remote piloted aircraft system referred to under paragraph (1) above, the Authority shall seek and obtain the necessary security clearance by the relevant security agencies and approval by the Ministry for the time being responsible for matters relating to defence. Section 8(3) The Authority shall establish and implement a system for registration, identification of remote piloted aircraft system in Kenya and the display thereof. Section 8(4) Any modification to the specifications of registered remote piloted aircraft system shall be subject to approval by the Authority. Section 8(5) Any person who contravenes the provisions of paragraphs (1) and (4) above commits an offence and shall be liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both.

Section 9. De-registration of remote piloted aircraft system Section 9(1)(a) upon application of the remote piloted aircraft system owner for purposes of registering the remote piloted aircraft system in another State; or Section 9(1)(b) upon destruction of the remote piloted aircraft system or its permanent withdrawal from use; or Section 9(1)(c) in the interest of national security.

Section 10. Airworthiness of remote piloted aircraft system Section 10(1) A remote piloted aircraft system owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers' user manual. Section 10(2) The Authority may require a remote piloted aircraft system of a certain Class and Category with a type certificate to obtain a certificate of airworthiness.

Section 11. General obligation of a remote piloted aircraft system owner or operator Section 11(1)(a) be responsible for the safe conduct of its operations; Section 11(1)(b) comply with all requirements established by the Authority regarding its operation; Section 11(1)(c) be responsible for contracted services from providers including communications service providers, as necessary, to carry out its operations; Section 11(1)(d) responsible for operational control of the aircraft; and Section 11(1)(e) ensure that it is registered in accordance with the provisions of these Regulations. Section 11(2)(a) name and contact information of the operator; Section 11(2)(b) remote piloted aircraft system characteristics (type of aircraft, maximum certificated take-off mass, number of engines and wing span); Section 11(2)(c) copy of certificate of registration; Section 11(2)(d) aircraft identification to be used in radiotelephony, if applicable; Section 11(2)(e) copy of the certificate of airworthiness; Section 11(2)(f) copy of the remote piloted aircraft system operator certificate; Section 11(2)(g) copy of the remote pilot(s) licence; Section 11(2)(h) copy of the aircraft radio station licenc...

Section 12. Authorization of remote piloted aircraft system operations Section 12(1) A person shall not operate a remote piloted aircraft system in Kenya without authorization from the Authority. Section 12(2)(a) recreation and sports which shall be through registered clubs established in accordance with the provisions of Part IV of these Regulations; Section 12(2)(b) private use with authorization granted to the operator directly by the Authority in accordance with the provisions of Part V of these Regulations; Section 12(2)(c) commercial use where authorization shall be issued in accordance with the provisions of Part VI of these Regulations. Section 12(3) The Authority may grant, upon application, a temporary permit to a person intending to operate a remote piloted aircraft system not registered in Kenya for a period of thirty (30) days renewable once. Section 12(4) An application referred to under paragraph (3) of this regulation shall be submitted to the Authority online and processed within fourteen (14) days upon receipt.

Section 13. Prohibited operation of remote piloted aircraft system Section 13(1) A person shall not operate a remote piloted aircraft system in a negligent or reckless manner. Section 13(2)(a) in the cause of operation, endangers other aircraft, persons or property; Section 13(2)(b) operates in or around a prohibited or a restricted area, the particulars of which have been duly published in the Kenya Aeronautical Information Publication (AIP), except in accordance with the conditions of the restrictions or by permission granted by the Authority; or Section 13(2)(c) operates in or around strategic installations, radar sites, high tension cables and communication masts, prisons, police stations, courts of law, scenes of crime, except in accordance with the conditions of the restrictions or by permission granted by the Authority. Section 13(3) Any person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both.

Section 14. Carriage of dangerous goods Section 14(1) A person shall not take on board or cause to be taken on board a remote piloted aircraft system or deliver or cause to be delivered for loading thereon any goods which that person knows or has reasonable cause to know to be dangerous goods. Section 14(2)(a) chemical and biological substances; Section 14(2)(b) nuclear material; Section 14(2)(c) explosives; Section 14(2)(d) arms, ammunition and munitions of war; Section 14(2)(e) corrosive substances; Section 14(2)(f) radioactive elements; Section 14(2)(g) volatile liquids; Section 14(2)(h) highly flammable liquids; Section 14(2)(i) aerosol sprays; Section 14(2)(j) any such materials or substances that may from time to time be so classified by the Authority as dangerous goods.

Section 15. Remote piloted aircraft system operating limitations Section 15(1)(a) at above 400 feet Above Ground Level (AGL) and within 50 meters of any person, vessel, vehicle or structure which is not under the control of the person in charge of the remote piloted aircraft system; Section 15(1)(b) in conditions other than Visual Meteorological Conditions (VMC); Section 15(1)(c) at night, unless specifically cleared by the Authority on a case by case basis; Section 15(1)(d) fitted with cameras or imaging devices at heights or lateral distances where such cameras or imaging devices capture information, pictures or videos extending beyond the prescribed area of approved operation. Section 15(2) Notwithstanding the provisions of paragraph (1)(b) above, operations for private and commercial categories of remote piloted aircraft system may be conducted at such higher heights and lateral distances as the Authority may approve.

Section 16. Operations in congested areas and crowds Section 16(1) A person shall not operate a remote piloted aircraft system at lateral distance of less than 50 metres from any person, building structure, vehicle, vessel or animal not associated with the operations of remote piloted aircraft system unless authorized by the Authority. Section 16(2) Subject to paragraph (1) above, vertical limits shall be no less above ground level than 100 feet except when prescribed by the Authority.

Section 17. Collision avoidance Section 17(1) All remote piloted aircraft systems in controlled airspace shall operate in accordance with the Civil Aviation (Rules of the Air) Regulations and a remote pilot shall maintain awareness so as to see and avoid other aircraft and vehicles and shall yield the right-of-way to all aircrafts and vehicles. Section 17(2) For the purposes of paragraph (1) , "yielding the right-of-way" means that the remote piloted aircraft shall give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear. Section 17(3) No person shall operate a remote piloted aircraft system so close to another aircraft as to create a collision hazard.

Section 18. Certifications of remote piloted aircraft system pilot or instructors Section Remote piloted aircraft system pilots or instructors for commercial operations shall be certified by the Authority in accordance with the requirements specified in the First Schedule to these Regulations.

Section 19. Reporting of remote piloted aircraft system incidents and accidents Section Remote piloted aircraft system operator shall ensure that all incidents and accidents involving such a system are reported to the Authority in accordance with the provisions of the Civil Aviation (Safety Management) Regulations.

Section 20. International remote piloted aircraft system operations Section 20(1)(a) commencing at a place within Kenya and terminating at a place outside without authorization from the State of destination or any other State over whose airspace the remote piloted aircraft system shall fly; or Section 20(1)(b) commencing at a place outside Kenya and terminating at a place within Kenya or over-flying the Kenyan airspace without authorization from the Authority.

Section 21. Cancellation, suspension or variation of authorization Section Notwithstanding the provisions of regulation 12 , the Authority may, in the interest of safety and national security, cancel, suspend or vary any authorization granted under these Regulations.

Section 22. Filing of flight plans Section 22(1) All Remote piloted aircraft systems flights in controlled airspace shall file flight plans as provided for under the Aeronautical Information Publication (AIP). Section 22(2) Without prejudice to the generality of paragraph (1) above, all remote piloted aircraft systems flights in uncontrolled air space operating below or within 5 kilometres out of launch area shall notify the nearest Air Traffic Control (ATC) and shall comply with any directions or orders issued by ATC.

Section 23. Emergencies and contingency links Section All remote piloted aircraft systems operators shall develop and implement emergency and contingency procedures acceptable to the Authority.

Section 24. Command and Control Section 24(1) A remote piloted aircraft system owner or operator shall ensure that he or she has command or control of the remote piloted aircraft system at all times during the flight. Section 24(2) Any remote piloted aircraft system owner or operator who loses command or control of his or her remote piloted aircraft system shall report to the Authority immediately.

Section 25. Air Traffic Control (ATC) communication Section 25(1) A remote piloted aircraft system pilot shall ensure that Air Traffic Control (ATC) is made aware of any operations that shall take place in areas which are likely to affect manned and controlled air traffic. Section 25(2) The Air Navigation Service Provider (ANSP) shall establish procedures, acceptable to the Authority, for integration of remote piloted aircraft system operation into the airspace to ensure aviation safety and such procedures shall include communication and surveillance detection. Section 25(3) Procedures referred to in paragraph (2) above shall provide for required information to be passed to Air Traffic Control by remote piloted aircraft system pilot before and during remote piloted aircraft system operations.

Section 26. Operation in the vicinity of aerodromes Section within ten (10) kilometres of an aerodrome from the aerodrome reference point for code C, D, E and F aerodromes;

Section 27. Operations at an aerodrome Section impose operating restrictions on the approval in the interest of safety;

Section 28. Recreational and sports operations of RPAS Section 28(1) Remote piloted aircraft system operations for recreation and sports purposes shall be conducted within registered clubs which are approved by the Authority in accordance with the guidelines set out in the Second Schedule of these Regulations and such recognition shall be valid for twelve months. Section 28(2) The Authority shall develop a system for approval of clubs including requirements for composition, documentation and club rules and regulations. Section 28(3) The clubs provided for under paragraph (1) above shall provide the Authority with details of their operation areas and times for approval. Section 28(4) The Authority shall segregate and notify through the applicable element of the Integrated Aeronautical Information Publication (IAIP) of such airspaces designated for use by remote piloted aircraft system operators, including limitations that may apply.

Section 29. Training requirements for recreational and sports operations of RPAS Section 29(1) Clubs referred to in regulation 28 shall prescribe minimum training requirements for remote piloted aircraft system requirements for operation under the club, recreational and sports operations of RPAS. Section 29(2) Training requirements referred to in paragraph (1) above shall be documented and submitted to the Authority for acceptance.

Section 56. Unlawful interference of Remote Piloted Aircraft System operations Section Any person who unlawfully interferes with duly authorized operation of remote piloted aircraft system commits an offence and shall be liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. [L.N. 289/2017, r. 2.]

Section 57. Non-compliance Section 57(1) Any remote piloted aircraft system operator who contravenes the provisions of these Regulations and whose penalty has not been specified in these Regulations commits an offence and shall be liable upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both. Section 57(2) Any person who fails to comply with any direction given pursuant to these Regulations by the Authority or by any authorized person under any provision of these Regulations commits an offence and shall be liable upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both. Section 57(3)(a) revoke, cancel, and suspend, any license, certificate, approval, authorization and or exemptions issued under these Regulations of any person who contravenes any provisions of these Regulations; or Section 57(3)(b) confiscate any remote piloted aircraft system or a component thereof belonging to a person who contravenes the provisions of these Regulations.

Section 30. Private operations of RPAS Section A person shall not operate remote piloted aircraft system for private purposes except with prior authorization issued by the Authority and subject to the conditions contained therein.

Section 31. Training requirements for private operations of RPAS Section A remote piloted aircraft system pilot for private operation shall be trained in accordance with training requirements set out in the First Schedule to these Regulations.

Section 32. Remote Piloted Aircraft Operator's Certificate (ROC) compliance Section 32(1) An operator shall not engage in commercial remote piloted aircraft system operations unless that operator holds a valid Remote Piloted Aircraft Operator's Certificate (ROC) issued by the Authority. Section 32(2) The Remote Piloted Aircraft Operator's Certificate (ROC) referred to in paragraph (1) above shall authorize the operator to conduct remote piloted aircraft system operations in accordance with the conditions and limitations detailed in the operations specifications attached to that certificate. Section 32(3) The issuance of the Remote Piloted Aircraft Operator's Certificate (ROC) by the Authority shall be dependent upon the remote piloted aircraft system operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization. Section 32(4) A commercial remote piloted aircraft system operator shall establish and implement a Safety Managemen...

Section 33. Application for Remote Piloted Aircraft Operator's Certificate (ROC) Section 33(1) An operator applying to the Authority for a Remote Piloted Aircraft Operator's Certificate (ROC) shall submit an application in a form and manner prescribed by the Authority and containing any other information the Authority may require. Section 33(2) An applicant shall make the application for an initial issue or re-issue of an ROC at least sixty days before the date of the intended operation.

Section 34. Issuance of ROC Section 34(1)(a) meets the requirements of ownership stipulated under regulation 5 ; Section 34(1)(b) meets the applicable regulations and standards for the holder of a Remote Piloted Aircraft Operator's Certificate (ROC); Section 34(1)(c) is properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of the remote piloted aircraft system; and Section 34(1)(d) has an approved aircraft operator security programme in accordance with the Civil Aviation (Security) Regulations, and meets any other requirements as specified by the Authority.

Section 35. Validity and renewal of a Remote Piloted Aircraft Operator's Certificate (ROC) Section 35(1)(a) a shorter period is specified by the Authority; Section 35(1)(b) the Authority amends, suspends, revokes or otherwise terminates the certificate; Section 35(1)(c) the holder surrenders it to the Authority; or Section 35(1)(d) the holder notifies the Authority of the suspension of operations. Section 35(2) A Remote Piloted Aircraft Operator's Certificate (ROC) which is suspended or revoked shall be returned to the Authority. Section 35(3) An applicant for a Remote Piloted Aircraft Operator's Certificate (ROC) which has expired shall make an initial application.

Section 36. Amendments of ROC Section 36(1)(a) the Authority determines that the amendment is necessary for the safety of commercial remote piloted aircraft system operations; Section 36(1)(b) the Remote Piloted Aircraft Operator's Certificate holder applies for an amendment and the authority determines that the amendment is necessary; or Section 36(1)(c) the amendment is in the interest of national security. Section 36(2) The Remote Piloted Aircraft Operator Certificate holder shall operate in accordance with the amendment unless it is subsequently withdrawn.

Section 37. Conducting surveillance, tests and inspections Section The Authority shall conduct surveillance, inspections and tests on the Remote Piloted Aircraft Operator Certificate holder to ensure continued eligibility to hold that certificate and associated approvals.

Section 38. Personnel required for RPAS commercial operations Section 38(1) Remote piloted aircraft system operator shall have an accountable manager acceptable to the Authority, with corporate authority for ensuring that all necessary resources are available to support Piloted Aircraft Operator Certificate holder operations. Section 38(2) The accountable manager shall have sufficient qualified and competent personnel for the planned tasks and activities to be performed in accordance with the applicable requirements. Section 38(3) A remote piloted aircraft system operator shall establish initial and recurrent training to ensure continuing competence of its personnel.

Section 39. Operations manual Section A remote piloted aircraft system operator shall develop and submit to the Authority for approval an operation manual as set out in the Third Schedule to these Regulations.

Section 40. Authorization for commercial remote piloted aircraft system operations Section 40(1) A Remote Piloted Aircraft Operator Certificate holder shall not undertake commercial operations of remote piloted aircraft system except with authorization issued by the Authority. Section 40(2) Authorization referred to in paragraph (1) above shall be specific to particular operations.

Section 41. Certification of remote piloted aircraft system pilots or instructors Section 41(1) A person shall not operate a remote piloted aircraft system for commercial or private purposes without a valid Remote Piloted Aircraft System pilot certificate issued by the Authority in accordance with these Regulations. Section 41(2)(a) be at least 18 years old; Section 41(2)(b) hold a current Class 2 medical certificate; Section 41(2)(c) demonstrate English proficiency; Section 41(2)(d) hold a radio telephony licence; Section 41(2)(e) have completed a course of training approved by the Authority; Section 41(2)(f) have passed a knowledge and skill test; Section 41(2)(g) have prove of identity; and Section 41(2)(h) have police clearance certificate. Section 41(3)(a) type rating; Section 41(3)(b) instrument rating; Section 41(3)(c) night rating; and Section 41(3)(d) instructor rating.

Section 42. Eligibility requirements for remote piloted aircraft system pilot Section 42(1)(a) a remote pilot certificate; Section 42(1)(b) a rating for the specific remote piloted aircraft system type or is operating under the supervision of a rated remote pilot for the purpose of qualifying for the rating; Section 42(1)(c) the required knowledge for the type of remote piloted aircraft system; and Section 42(1)(d) a current Class 2 medical certificate. Section 42(2)(a) unless under the supervision of, or with the authority of, an authorized remote piloted aircraft system instructor; or Section 42(2)(a)(i) unless under the supervision of, or with the authority of, an authorized remote piloted aircraft system instructor; or Section 42(2)(a)(ii) on an international remote piloted aircraft flight; Section 42(2)(b) form part of the crew of a commercial remote piloted aircraft system flight.

Section 43. Validity of remote piloted aircraft system pilots certificate Section The remote piloted aircraft system pilot certificate shall be valid subject to validity of the holder's medical certificate.

Section 44. Consumption of alcohol and drugs Section consume alcohol less than 8 hours prior to reporting for duty;

Section 45. Training requirements for commercial remote piloted aircraft system operations Section A remote piloted aircraft system pilot for commercial operations shall be trained in accordance with training requirements set out in the First Schedule to these Regulations.

Section 46. Instrument and equipment requirements Section the Class and Category of the remote piloted aircraft system;

Section 47. Security programme requirements Section 47(1) A person or a club shall not operate a remote piloted aircraft system without operator security procedures developed in accordance with the provisions of the Civil Aviation (Security) Regulations and accepted by the Authority. Section 47(2)(a) specify the security measures, procedures and practices to be followed by the operator to protect pilots and facilities from acts of unlawful interference; Section 47(2)(b) at a remote pilot station; Section 47(2)(b)(i) at a remote pilot station; Section 47(2)(b)(ii) on a remote piloted aircraft system; and Section 47(2)(b)(iii) any facility under the control of the remote piloted aircraft system operations. Section 47(3) A remote piloted aircraft system shall be subject to security inspection at any time during its operations without prior notification to the operator. Section 47(4)(a) that the premises used for preparing, storing, parking including remote piloted aircraft system ground station shall be secured at all times against unauthorized access; Section 47(4)(b) for protection of critical information technology and communication systems used for operations purposes from interfe...

Section 48. Security obligations for remote piloted aircraft system operators Section be responsible for the security of such system operations including associated facilities, personnel and equipment;