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

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

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 121 of 2018
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations. Defines “take-off” as expressed in terms of runway visual range or visibility and, if necessary, cloud conditions. These Regulations apply to a person providing Flight Procedure Design Services within certificated airspaces and at aerodromes for civil aviation purposes. Certificated service providers must ensure Flight Procedure Design data quality is known and adequate or verify data before use; they must account for obstacles, may adjust vertical/horizontal data for survey error, and must coordinate acquisition with stakeholders integrating it into Kenya’s airspace design process. The certificated service provider must establish and implement a quality assurance process for all instrument flight procedure design functions.

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

Showing 28 of 28

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation.

AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations.

Section 1. Citation. Section These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines “take-off” as expressed in terms of runway visual range or visibility and, if necessary, cloud conditions.

Section 2. Interpretation Section take-off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;
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PRELIMINARY - 3. Application

AI-assisted research summary: These Regulations apply to a person providing Flight Procedure Design Services within certificated airspaces and at aerodromes for civil aviation purposes.

Section 3. Application Section These Regulations shall apply to a person providing Flight Procedure Design Services within certificated airspaces and at aerodromes for civil aviation purposes.

Part II

REQUIREMENTS

10
REQUIREMENTS - 10. Procedure design data and information acquisition

AI-assisted research summary: Certificated service providers must ensure Flight Procedure Design data quality is known and adequate or verify data before use; they must account for obstacles, may adjust vertical/horizontal data for survey error, and must coordinate acquisition with stakeholders integrating it into Kenya’s airspace design process.

Section 10. Procedure design data and information acquisition Section 10(1) The certificated service provider shall ensure that the quality characteristics of data acquired for the Flight Procedure Design process are known and adequate, or that, in the case where the data’s quality characteristics are unknown or inadequate, that appropriate data verification occurs prior to use. Section 10(2)(a) all obstacles be accounted for and items such as trees and heights of tall buildings shall be accounted for either by physical examination of the site or by addition of a suitable margin above terrain contours; and Section 10(2)(b) the accuracy of the vertical and horizontal data obtained may be adjusted by adding an amount equal to the specified survey error to the height of all measured obstructions and by making a corresponding adjustment for specified horizontal error. Section 10(3) The procedure design data and information acquisition shall be coordinated with all relevant stakeholders and integrated into Kenya’s airspace design process, taking into account air traffic flows, separation issues, airspace user requirements, infrastructure and legal environmental considerations.
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REQUIREMENTS - 11. Quality assurance

AI-assisted research summary: The certificated service provider must establish and implement a quality assurance process for all instrument flight procedure design functions.

Section 11. Quality assurance Section The certificated service provider shall establish and implement a quality assurance process for all instrument flight procedure design functions.
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REQUIREMENTS - 12. Procedure design facility and resource requirements

AI-assisted research summary: The certificated service provider must have and implement procedures to ensure the integrity of aeronautical databases and aeronautical data when those are required for designing instrument flight procedures.

Section 12. Procedure design facility and resource requirements Section 12(1)(a) providing premises and equipment appropriate for the design, design verification, flight validation, and maintenance of applicable types of instrument flight procedures; Section 12(1)(b) access to relevant and current data including, but not limited to, aeronautical data, land contour data, and obstacle data for the design, design verification, flight validation, and maintenance of the instrument flight procedure; Section 12(1)(c) the data referred to in paragraph (b) is current, traceable, and meets the required level of accuracy for the design, design verification, flight validation, and maintenance of instrument flight procedures; Section 12(1)(d) access to copies of relevant documentation comprising technical standards, practices, and instructions, and any other documentation that may be necessary for the design, design verification, flight validation, and maintenance of the types of instrument flight procedure; Section 12(1)(e) the documentation is reviewed and authorized by an appropriate person before issue and use; Section 12(1)(e)(i) the documentation is reviewed and authorized by an appropriate person before issue and use; Section 12(1)(e)(ii) current versions of relevant documentation are available to personnel; Section 12(1)(e)(iii) every obsolete document is promptly removed from every point of use; and Section 12(1)(e)(iv) the current version of every item of documentation can be identified to prevent the use of superseded material; Section 12(1)(f) accurate and current databases or charts detailing terrain and obstacle information; and Section 12(1)(f)(i) accurate and current databases or charts detailing terrain and obstacle information; and Section 12(1)(f)(ii) accurate and current navigation aid coordinate data; and Section 12(1)(f)(iii) accurate and current aerodrome reference point and threshold data; and Section 12(1)(g) ensuring that if an aeronautical database and aeronautical data are required for designing instrument flight procedure under its certificate, have, and put into effect, procedures to ensure the integrity of the database and the data. Section 12(2) The certificated service provider shall ensure that if an aeronautical database and aeronautical data are required for designing instrument flight procedure under its certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.
13
REQUIREMENTS - 13. Control of Documents and records

AI-assisted research summary: Establish and put into effect a system for controlling documents and records relating to instrument and visual flight procedures, including policies and procedures for making, amending, preserving and disposing those documents and records.

Section 13. Control of Documents and records Section establish and put into effect, a system for controlling documents and records relating to the instrument flight procedure and visual flight procedure on which the designer carries on design work, including the policies and procedures for making, amending, preserving and disposing of those documents and records; and
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REQUIREMENTS - 14. Instrument flight procedure design (IFPD)

AI-assisted research summary: A qualified procedure designer (not the original designer) must verify each new or revised instrument flight procedure; ground validation must be undertaken by a qualified flight procedure designer with appropriate validation knowledge.

Section 14. Instrument flight procedure design (IFPD) Section 14(1) Instrument flight procedures shall be designed in accordance with these Regulations, and Procedures prescribed by the Authority. Section 14(2) Coordination with all concerned parties shall continue throughout the procedure design and validation process to ensure that the procedure meets the needs of the user community. Section 14(3)(a) each new or revised procedure is verified by a qualified procedure designer other than the one who designed the procedure; Section 14(3)(b) published procedures are subject to periodic review at intervals not exceeding five years to ensure that they continue to comply with changing criteria and user requirements; Section 14(3)(c) information required for publication in the Aeronautical Information Publication; Section 14(3)(c)(i) information required for publication in the Aeronautical Information Publication; Section 14(3)(c)(ii) details and assumptions made by the instrument flight procedure designer, such as— Section 14(3)(c)(aa) controlling obstacle for each segment of the procedure; Section 14(3)(c)(ab) effect of environmental considerations on the design of the procedure; Section 14(3)(c)(ac) infrastructure assessment; Section 14(3)(c)(ad) airspace constraints; Section 14(3)(c)(ae) for modifications or amendments to existing procedures, the reasons for any changes; Section 14(3)(c)(af) for any deviation from existing standards, the reasons for such a deviation and details of the mitigations applied to assure continued safe operations; and Section 14(3)(c)(ag) the results of the final verification for accuracy and completeness prior to validation and publication. Section 14(3)(d) the design records are retained for a period not less than the operational lifetime of the procedure; Section 14(3)(e) all calculations and results of calculations are presented in a manner that enables the reader to follow and trace the logic and resultant output; Section 14(3)(f) records of all calculations in paragraph (e) are kept in order to prove compliance to or variation from the standard criteria; Section 14(3)(g) all documentation undergo a final verification for accuracy and completeness prior to validation and publication; Section 14(3)(h) all documentation are retained for a period of not be less than the operational lifetime of the procedure to assist in recreating the procedure in the future in the case of incidents and for periodic review and maintenance; Section 14(3)(i) ground validation is undertaken by a qualified flight procedure designer with appropriate knowledge of validation issues; Section 14(3)(j) the fly ability of a procedure cannot be determined by other means; Section 14(3)(j)(i) the fly ability of a procedure cannot be determined by other means; Section 14(3)(j)(ii) the procedure requires mitigation for deviations from design criteria; Section 14(3)(j)(iii) the accuracy or integrity of obstacle and terrain data cannot be determined by other means; Section 14(3)(j)(iv) new procedures differ significantly from existing procedures; and Section 14(3)(j)(v) for helicopter pins procedures.
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REQUIREMENTS - 15. Competency of flight validation pilots

AI-assisted research summary: Certificated service providers must ensure flight validation (including simulator evaluation) is carried out by qualified and experienced flight validation pilots; the Flight Validation Pilot must hold specified licences and meet experience requirements (with stated exceptions); instrument flight procedures designers must provide required data for validations and inspections.

Section 15. Competency of flight validation pilots Section 15(1) The certificated service provider shall ensure that a person conducting flight validation including simulator evaluation is a qualified and experienced flight validation pilot. Section 15(2)(a) at least a commercial pilot licence with instrument rating; Section 15(2)(b) a requirement that the licence held by the Flight Validation Pilot shall be for the aircraft category appropriate for the procedure to be validated; and Section 15(2)(c) meet all the experience requirements for the airline transport pilot licence in the relevant category of aircraft as described in personnel licensing regulations except that the Flight Validation Pilot does not have to be the pilot-in-command of the validation flight nor is he required to have the type rating on the aircraft used for the validation flight. Section 15(3) The instrument flight procedures designer shall provide all data required to conduct a flight validation, flight inspection, and flight simulator evaluation to the entity conducting the exercise.
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REQUIREMENTS - 16. Approval of instrument flight procedures

AI-assisted research summary: Instrument flight procedures for civil aircraft in Kenya must be approved by the Authority before publication; the Authority will accept only submissions from approved procedure designers.

Section 16. Approval of instrument flight procedures Section 16(1) An instrument flight procedure for use by civil aircraft within Kenya shall not be published unless the instrument flight procedure is approved by the Authority. Section 16(2) The Authority shall only accept instrument flight procedures for approval, submitted by approved procedure designers. Section 16(3) For Instrument Flight Procedures designed by approved procedure designers independently outside the certificated organization the submission of approval shall be in line with these regulations.
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REQUIREMENTS - 17. IFPD publication

AI-assisted research summary: The certificated service provider must provide instrument flight procedure designs or charts to the aeronautical information service provider for publication in the Aeronautical Information Publication.

Section 17. IFPD publication Section 17(1) The certificated service provider shall ensure that instrument flight procedures designs or charts, are provided to the aeronautical information service provider for publication in the Aeronautical Information Publication. Section 17(2) The IFP shall be accompanied by a narrative, which describes the procedure in textual format.
18
REQUIREMENTS - 18. Use of automation in procedure design and flight validation

AI-assisted research summary: A certificated service provider that uses an automated flight procedure design tool must ensure the tool is validated.

Section 18. Use of automation in procedure design and flight validation Section 18(1) The certificated service provider using an automated flight procedure design tool shall ensure that such tool is validated. Section 18(2) Validation of the software shall be in accordance with the requirements prescribed by the Authority. Section 18(3) The scope of validation shall include compliance with the criteria set out by the Authority. Section 18(4)(a) has the precision, and accuracy traceable to appropriate standards, that are necessary for the validation being performed; Section 18(4)(b) has known measurement uncertainties including, but not limited to, the software, firmware and crosswind uncertainties; Section 18(4)(c) records the actual flight path of the validation aircraft; Section 18(4)(d) is checked before being released for use, and at intervals not exceeding the calibration intervals recommended by the manufacturer, to establish that the system is capable of verifying the integrity of the instrument flight procedure; and Section 18(4)(e) is operated in accordance with flight validation system procedures and criteria by persons who are competent and current on the system used.
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REQUIREMENTS - 19. Errors in published instrument flight procedures

AI-assisted research summary: The certificated service provider providing an instrument flight procedure service must establish procedures to record, investigate, correct and report any identified error and any identified or suspected non-conformance with the Regulations; corrections must be certified by a senior person authorized by the service provider.

Section 19. Errors in published instrument flight procedures Section 19(1) The certificated service provider providing an instrument flight procedure service shall establish procedures for recording, investigating, correcting, and reporting, any identified error, and any identified non-conformance or suspected non-conformance with these Regulations. Section 19(2)(a) an instrument flight procedure is immediately withdrawn from operational use if the error or non-conformance affects, or may affect, the safety of an aircraft operation; and Section 19(2)(b) the error or non-conformance is corrected, and certified by a senior person who is appropriately authorized by the service provider; Section 19(2)(c) the correction required by paragraph (b) is clearly identified and promulgated by the most appropriate means relative to the operational significance of the error or non-conformance; Section 19(2)(d) if possible, eliminated to prevent a recurrence; and Section 19(2)(d)(i) if possible, eliminated to prevent a recurrence; and Section 19(2)(d)(ii) preventive action is taken to ensure that the source of the error or non-conformance has not affected the integrity of any other instrument flight procedure; and Section 19(2)(d)(iii) the Authority is immediately notified, of a promulgated information incident relating to an error or non-conformance referred to in subparagraph (i) above.
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REQUIREMENTS - 20. Aerodrome operating minima

AI-assisted research summary: Aerodrome operating minima must follow the Civil Aviation (Operation of Aircraft) Regulations; the Authority must prescribe procedures to establish those minima.

Section 20. Aerodrome operating minima Section 20(1) The requirements for aerodrome operating minima are as specified in the Civil Aviation (Operation of Aircraft) Regulations. Section 20(2) The procedures for the establishment of the aerodrome operating minima shall be prescribed by the Authority.
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REQUIREMENTS - 4. Requirements for the provision of an Instrument Flight Procedure Design Service

AI-assisted research summary: that person holds a certificate issued under the Civil Aviation (Certification of Air Navigation Services Provider) Regulations;

Section 4. Requirements for the provision of an Instrument Flight Procedure Design Service Section that person holds a certificate issued under the Civil Aviation (Certification of Air Navigation Services Provider) Regulations; and
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REQUIREMENTS - 5. Designation of Instrument Flight Procedure Design Service Provider

AI-assisted research summary: A person must not design, maintain, review, amend, adapt or publish flight procedures for use in Kenya unless certificated by the Authority and in accordance with these Regulations.

Section 5. Designation of Instrument Flight Procedure Design Service Provider Section 5(1) A person shall not design, maintain, review, amend, adapt or publish flight procedures for use in Kenya unless certificated by the Authority and in accordance with these Regulations. Section 5(2)(a) follow an instrument flight procedure process that encompasses acquisition of data, design and promulgation of procedures; Section 5(2)(b) ensure that the quality and safety of the procedure design product are assured through review, verification, coordination and validation of the procedure at appropriate points in the process; and Section 5(2)(c) ensure that the units of measurement, as specified in the Civil Aviation (units of measurement to be used in air and ground operations) regulations are used in the design of instrument flight procedure.
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REQUIREMENTS - 6. Instrument Flight Procedure Design Operational requirements

AI-assisted research summary: Section 6 lists operational requirements for Instrument Flight Procedure design, including maintaining an appropriate instrument design office, meeting requirements and criteria prescribed by the Authority, and making provision for trained persons to independently check and verify procedure plans.

Section 6. Instrument Flight Procedure Design Operational requirements Section 6(1)(a) maintain an appropriate instrument design office to enable the Instrument Flight Procedure designers to carry on design work in Instrument flight Procedures in accordance with these Regulations; Section 6(1)(b) requirements in these Regulations; Section 6(1)(b)(i) requirements in these Regulations; Section 6(1)(b)(ii) the criteria prescribed by the Authority; and Section 6(1)(c) make provisions for person(s) trained in Instrument Flight Procedure design to check and verify independently the plans of each instrument flight procedure designed.
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REQUIREMENTS - 7. Instrument Flight Procedure Design Service Provider Operations Manual

AI-assisted research summary: Certificated instrument flight procedure design service providers must develop and maintain an operations manual demonstrating compliance and submit the current manual to the Authority for approval; they must keep it accessible, ensure designers have access, and amend it when necessary.

Section 7. Instrument Flight Procedure Design Service Provider Operations Manual Section 7(1) The certificated service provider shall develop and maintain an operations manual which shall serve to demonstrate compliance with the requirements set out in these Regulations. Section 7(2)(a) the information required of the certificated Instrument Flight Procedures Design service provider as mentioned in these Regulation; and Section 7(2)(b) a description of the instrument flight procedure design Service Provider’s office that shows the role, responsibilities and job functions of the Flight Procedure Design office personnel who are responsible for ensuring the compliance of the organization with the requirements in sub-paragraph (a). Section 7(3)(a) keep the operations manual in a readily accessible form; Section 7(3)(b) ensure that the instrument flight procedure designer has ready access to the operations manual; and Section 7(3)(c) amend the operations manual whenever necessary to keep its content up to date. Section 7(4) The certificated service provider shall submit a copy of the most current operations manual to the Authority for approval.
8
REQUIREMENTS - 8. Employment of personnel

AI-assisted research summary: Requires employing, contracting, or engaging sufficient personnel to plan, design, verify, and maintain the instrument flight procedures.

Section 8. Employment of personnel Section employ, contract, or engage sufficient personnel to plan, design, verify, and maintain the instrument flight procedures; and
9
REQUIREMENTS - 9. Instrument Flight Procedure designer training, experience and approval

AI-assisted research summary: Requires certificated service providers to ensure designers demonstrate required competency; requires instrument flight procedure designers to acquire and maintain competency through training; limits design/review/validation of instrument flight procedures to designers approved by the Authority.

Section 9. Instrument Flight Procedure designer training, experience and approval Section 9(1) The certificated service provider shall ensure that a person designing or amending a flight instrument procedure demonstrates required competency level for flight procedure design. Section 9(2) The personnel to be recruited as Instrument Flight Procedure Designer shall have a high level of aviation experience gained from different domains in the aviation industry (Air Traffic Management, Engineers, Aeronautical technicians and pilots or any other equivalent profession). Section 9(3) Instrument Flight Procedure designers shall acquire and maintain this competency level through training and supervised on - the - job training. Section 9(4)(a) knowledge of information contained in manuals pertaining to the design of instrument flight procedures as prescribed by the Authority; Section 9(4)(b) enhancement of knowledge and skills in the design of procedures; and Section 9(4)(c) competency as outlined in the competency framework for flight procedures designers as prescribed by the Authority. Section 9(5)(a) develop and implement training programme and a training plan that is commensurate to the technical competence required by its staff; and Section 9(5)(b) shall maintain training records for their instrument flight procedure designers. Section 9(6) Only designers approved by the Authority shall undertake the design, review, validation of Instrument Flight Procedures for operational use. Section 9(7)(a) provide proof of successful completion of the International Civil Aviation Organization PANS-OPS training course applicable to the approval being requested based on the International Civil Aviation Organization PANS-OPS criteria; Section 9(7)(b) demonstrate practical application of theoretical knowledge through the design of two instrument flight procedures under supervision of a qualified designer; and Section 9(7)(c) demonstrate ability to maintain a documented quality assurance process for procedure design. Section 9(8) An approved procedure designer shall only design Instrument Flight Procedures within the scope of their approval.

Part III

EXEMPTIONS

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EXEMPTIONS - 21. Requirements for application for exemption

AI-assisted research summary: A person may apply to the Authority for an exemption; applications must include the information listed in subregulation (2), may request emergency processing with supporting reasons, and must be accompanied by a fee prescribed by the Authority; the Authority may decline emergency applications if reasons are unsatisfactory.

Section 21. Requirements for application for exemption Section 21(1) A person may apply to the Authority for an exemption from any provision of these Regulations. Section 21(2)(a) name and contact address including electronic mail and fax if any; Section 21(2)(b) telephone number; Section 21(2)(c) a citation of the specific requirement from which the applicant seeks exemption; Section 21(2)(d) justification for the exemption; Section 21(2)(e) a description of the type of operations to be conducted under the proposed exemption; Section 21(2)(f) the proposed duration of the exemption; Section 21(2)(g) an explanation of how the exemption would be in the public interest; Section 21(2)(h) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; Section 21(2)(i) a safety risk assessment carried out in respect of the exemption applied for; Section 21(2)(j) an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization; and Section 21(2)(k) any other information that the Authority may require. Section 21(3) Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified in subregulation (2) and satisfactory reason for deeming the application an emergency. Section 21(4) The Authority may in writing, decline an application made under subregulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory. Section 21(5) The application for exemption shall be accompanied by fee prescribed by the Authority.
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EXEMPTIONS - 22. Review and publication

AI-assisted research summary: The Authority must request applicants in writing to comply when application requirements are incomplete, and if the request seeks emergency relief the Authority must publish the decision as soon as possible after processing the application.

Section 22. Review and publication Section 22(1)(a) the Kenya Gazette; Section 22(1)(b) aeronautical information circular; or Section 22(1)(c) a daily newspaper with national circulation. Section 22(2) Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3). Section 22(3) If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.
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EXEMPTIONS - 23. Evaluation of the request

AI-assisted research summary: The Authority must notify the applicant in writing of its decision to grant or deny an exemption and publish a detailed summary of its evaluation and decision; the Authority may deny an exemption if a technical evaluation would impose a significant burden on its technical resources; if the exemption affects a significant population in Kenya the Authority must publish the summary in an aeronautical information circular.

Section 23. Evaluation of the request Section 23(1)(a) determination of whether an exemption would be in the public interest; Section 23(1)(b) a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis; Section 23(1)(c) a determination of whether a grant of the exemption would contravene these Regulations; and Section 23(1)(d) a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. Section 23(2) The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision. Section 23(3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. Section 23(4) If the exemption affects a significant population of the aviation community in Kenya, the Authority shall publish the summary in aeronautical information circular.
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EXEMPTIONS - 24. Validity of an exemption

AI-assisted research summary: An air navigation service provider must comply with any condition the Authority specifies in an exemption if necessary for the safety of air navigation.

Section 24. Validity of an exemption Section The validity of any exemption issued under these regulations shall be dependent on the air navigation service provider complying with any condition that Authority may specify in the exemption as being necessary in the interests of safety of air navigation.
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EXEMPTIONS - 25. Compliance with conditions of the exemption

AI-assisted research summary: Air navigation service providers must comply with any condition the Authority specifies in an exemption.

Section 25. Compliance with conditions of the exemption Section An air navigation service provider shall comply with any condition specified by the Authority in the exemption.

Part IV

OFFENCES AND PENALTIES

26
OFFENCES AND PENALTIES - 26. Contravention of Regulations

AI-assisted research summary: A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

Section 26. Contravention of Regulations Section A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.
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OFFENCES AND PENALTIES - 27. Penalties

AI-assisted research summary: Anyone who contravenes these Regulations may, upon conviction, be liable to a fine or imprisonment (or both); continuing contraventions count as a separate offence for each day, and contraventions are subject to the penalty provisions in the Act.

Section 27. Penalties Section 27(1) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence. Section 27(2) Any person who contravenes any provision of these Regulations shall upon conviction be subject to the penalty provisions provided in the Act. Section 27(3) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
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OFFENCES AND PENALTIES - 28. Appeal

AI-assisted research summary: A person aggrieved by any order made under these Regulations may, within twenty one days of the order being made, appeal to a court with competent jurisdiction.

Section 28. Appeal Section A person aggrieved by any order made under these Regulations may, within twenty one days of such order being made, appeal against the order to a court of law with competent jurisdiction.

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