The Civil Aviation (Rules of the Air) Regulations, 2018
Gives the short title: "Civil Aviation (Rules of the Air) Regulations."
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 124 of 2018
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
Gives the short title: "Civil Aviation (Rules of the Air) Regulations." Section 2 is titled "Interpretation". These rules apply to every person and every aircraft (including state aircraft); Kenyan-registered aircraft where not conflicting with other states' rules; and all aircraft over the high seas. Contraventions are offences. If a departure is made to avoid immediate danger or in an emergency, the pilot-in-command must report the departure and circumstances without delay and in any case within ten days to the competent authority of the State where the departure occurred, with copies to the Authority and the State of the Operator. The Authority may make safety rules about signals, course, height and other precautions; negligence regarding lights, signals or precautions is not excused. Pilots in command must comply with airspace requirements when operating under VFR or IFR; they may choose IFR in VMC or be required to by the air traffic services authority. This section concerns responsibility for compliance with the rules of the air.
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Provisions of The Civil Aviation (Rules of the Air) Regulations, 2018
Showing 69 of 69
Part I
PRELIMINARY PROVISIONS
- 1
PRELIMINARY PROVISIONS - 1. Citation
AI-assisted research summary: Gives the short title: "Civil Aviation (Rules of the Air) Regulations."
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Rules of the Air) Regulations. - 2
PRELIMINARY PROVISIONS - 2. Interpretation
AI-assisted research summary: Section 2 is titled "Interpretation".
Section 2. Interpretation Section between aircraft; and - 3
PRELIMINARY PROVISIONS - 3. Application of the rules of the air
AI-assisted research summary: These rules apply to every person and every aircraft (including state aircraft); Kenyan-registered aircraft where not conflicting with other states' rules; and all aircraft over the high seas. Contraventions are offences. If a departure is made to avoid immediate danger or in an emergency, the pilot-in-command must report the departure and circumstances without delay and in any case within ten days to the competent authority of the State where the departure occurred, with copies to the Authority and the State of the Operator. The Authority may make safety rules about signals, course, height and other precautions; negligence regarding lights, signals or precautions is not excused.
Section 3. Application of the rules of the air Section 3(1)(a) to every person and every aircraft, including state aircraft; Section 3(1)(b) to all aircraft bearing the nationality and registration marks of Kenya, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown: and Section 3(1)(c) in full, to all aircraft flying over the high seas. Section 3(2) For purposes of flight over those parts of the high seas where another Contracting State has accepted, pursuant to a regional air navigation agreement, the responsibility of providing air traffic services, the appropriate ATS Provider designated by that State shall be responsible for providing those services to aircraft registered in Kenya. Section 3(3) Subject to the provisions of subregulation (1), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, these Regulations. Section 3(4) If any departure from these Regulations is made for the purpose of avoiding immediate danger or in an emergency situation, the pilot-in-command shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given without delay, and in any case within ten days thereafter, to the competent authority of the State in whose territory the departure was made with a copy of it to the Authority and the State of the Operator, and in the case of a State aircraft, if the departure was made over the high seas, to the Authority. Section 3(5) Nothing in these Regulations shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case. Section 3(6) The Authority may, for the purpose of promoting the safety of aircraft, make rules as to special signals and other communications to be made by or on an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precautions to be observed in relation to the navigation and control of aircraft which the Authority may consider expedient for the purpose aforesaid and no aircraft shall fly in contravention of any such rules. - 4
PRELIMINARY PROVISIONS - 4. Compliance with the rules of the air
AI-assisted research summary: Pilots in command must comply with airspace requirements when operating under VFR or IFR; they may choose IFR in VMC or be required to by the air traffic services authority.
Section 4. Compliance with the rules of the air Section 4(1)(a) visual flight rules; or Section 4(1)(b) instrument flight rules. Section 4(2) A pilot in command of an aircraft shall, when operating under visual flight rules or instrument flight rules in classified air traffic services airspaces, comply with the requirements specified for such airspaces. Section 4(3) A pilot in command of an aircraft may elect to fly in accordance with instrument flight rules in visual meteorological conditions or may be required to do so by the appropriate air traffic services authority. - 5
PRELIMINARY PROVISIONS - 5. Responsibility for compliance with the rules of the air
AI-assisted research summary: This section concerns responsibility for compliance with the rules of the air.
Section 5. Responsibility for compliance with the rules of the air Section avoid immediate danger or in an emergency situation; or - 6
PRELIMINARY PROVISIONS - 6. Pre-flight information
AI-assisted research summary: The pilot-in-command must, before starting a flight, familiarize themselves with all available information relevant to the intended operation and must include a careful study of current weather reports and forecasts for flights away from an aerodrome and for flights under instrument flight rules, considering fuel needs and an alternative plan.
Section 6. Pre-flight information Section 6(1) The pilot-in-command of an aircraft shall before commencing a flight, become familiar with all available information appropriate to the intended operation. Section 6(2) The pilot-in-command shall in addition to subregulation (1) include a careful study of available current weather reports and forecasts, for flights away from the vicinity of an aerodrome and for all flights flying in accordance with instrument flight rules, taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned. - 7
PRELIMINARY PROVISIONS - 7. Authority of the pilot-in-command of an aircraft
AI-assisted research summary: The pilot-in-command of an aircraft has final authority over the aircraft's disposition while in command.
Section 7. Authority of the pilot-in-command of an aircraft Section The pilot-in-command of an aircraft shall have final authority as to the disposition of the aircraft while in command.
Part II
GENERAL RULES OF THE AIR
- 10
GENERAL RULES OF THE AIR - 10. Minimum heights
AI-assisted research summary: Persons must not fly aircraft over congested areas or open-air assemblies unless at a height allowing a safe emergency landing, or when taking off/landing, or with permission from the appropriate authority; aircraft must not fly less than 500 feet above ground or water.
Section 10. Minimum heights Section 10(1) A person shall not fly an aircraft over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface, except when necessary for take-off or landing, or except by permission from the appropriate authority. Section 10(2)(a) such height as will permit the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or Section 10(2)(a)(i) such height as will permit the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or Section 10(2)(a)(ii) a height of 1,000 feet above the highest fixed object within 600 metres of the aircraft, whichever is the higher; Section 10(2)(b) a person shall not fly a helicopter below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit; Section 10(2)(c) except with the permission in writing of the Authority and in accordance with any condition therein specified, a person shall not fly a helicopter over a congested area of a city, town or settlement below a height of 1,000 feet above the highest fixed object within 600 metres of the helicopter; Section 10(2)(d) over, or within one thousand metres of any assembly in the open air of more than one thousand persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or Section 10(2)(d)(i) over, or within one thousand metres of any assembly in the open air of more than one thousand persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or Section 10(2)(d)(ii) below such height as would enable it to land clear of the assembly in the event of the failure of a power unit or if such an aircraft is towing a banner the height shall be calculated on the basis that the banner shall not be dropped within one thousand metres of the assembly: Section 10(2)(e) an aircraft shall not fly less than 500 feet above ground or water. Section 10(3)(a) to an aircraft which is being used for police purposes; Section 10(3)(b) to the flight of an aircraft over or within 1,000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organizers of the event, and the races, contest, exhibition or flight is approved by the Authority. Section 10(4) The provisions of subregulation (1)(e) shall not apply to an aircraft which is being used for aerial work operations related to agriculture, horticulture, or forest preservation in accordance with the operating provisions of the Civil Aviation (Aerial Work) Regulations. Section 10(5)(a) an aircraft while it is landing or taking-off in accordance with normal aviation practice; or Section 10(5)(b) a glider while it is hill-soaring. Section 10(6)(a) taking off, landing or practising approaches to landing; or Section 10(6)(b) flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a licensed or certificated aerodrome in Kenya or at any aerodrome in any other state; or Section 10(6)(c) flying in such a manner as may be necessary for the purpose of saving life: Section 10(7) The provisions of this regulation shall not apply to any captive balloon or kite. - 11
GENERAL RULES OF THE AIR - 11. Cruising levels
AI-assisted research summary: Cruising levels: aircraft must fly at levels appropriate to their magnetic track (per the First Schedule) when in level flight at or above 1,000 ft in controlled airspace and flights under VFR at or above 1,000 ft; aircraft may follow ATC instructions or notified holding patterns/procedures.
Section 11. Cruising levels Section 11(1)(a) flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude; Section 11(1)(b) altitudes for flights below the lowest usable flight level or, where applicable, at or below the transition altitude. Section 11(2) Subject to subregulation (4), in order to comply with instrument flight rules, an aircraft when in level flight at or above 1,000 feet over land or water within controlled airspace shall be flown at a level appropriate to its magnetic track as specified in the First Schedule. Section 11(3) Except where otherwise indicated in air traffic control clearances or specified by the Authority, flights conducted under visual flight rules in cruising flight when operated at or above 1000 feet from the ground or water shall be conducted at a flight level appropriate to its magnetic track as described in the First Schedule. Section 11(4) The level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Kenya, otherwise published by the competent authority, in relation to the area over which the aircraft is flying. Section 11(5) An aircraft may be flown in conformity with instructions given by an air traffic control unit or in accordance with notified en- route holding patterns or in accordance with holding procedures notified in relation to an aerodrome. - 12
GENERAL RULES OF THE AIR - 12. Dropping, spraying, towing and parachute descents
AI-assisted research summary: Prohibits dropping anything or spraying any substance from an aircraft in flight.
Section 12. Dropping, spraying, towing and parachute descents Section drop anything or spray any substance from an aircraft in flight; - 13
GENERAL RULES OF THE AIR - 13. Acrobatic flight
AI-assisted research summary: A person is prohibited from flying an aircraft acrobatically except under conditions prescribed by the Authority or as indicated by relevant information, advice or clearance from the appropriate air traffic services unit; the provision also lists specific locations, visibility and manoeuvre limits.
Section 13. Acrobatic flight Section 13(1) A person shall not fly an aircraft acrobatically except under conditions prescribed by the Authority and as indicated by relevant information, advice or clearance from the appropriate air traffic services unit. Section 13(2)(a) over any city, town or settlement; Section 13(2)(a)(i) over any city, town or settlement; Section 13(2)(a)(ii) over an open air assembly of persons; Section 13(2)(a)(iii) below an altitude of 1,500 feet above the surface; or Section 13(2)(a)(iv) when the flight visibility is less than five kilometres; or Section 13(2)(b) in manoeuvres exceeding a bank of sixty degrees or pitch of thirty degrees from level flight attitude unless all occupants of the aircraft are wearing parachutes packed by a qualified parachute rigger in the past twelve months. - 14
GENERAL RULES OF THE AIR - 14. Formation flights
AI-assisted research summary: A formation is to be treated as a single aircraft for navigation and position reporting.
Section 14. Formation flights Section the formation operates as a single aircraft with regard to navigation and position reporting; - 15
GENERAL RULES OF THE AIR - 15. Remotely piloted aircraft
AI-assisted research summary: A person must operate a remotely piloted aircraft so as to minimise hazards to people, property and other aircraft, and follow conditions in the Second schedule and the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, 2018.
Section 15. Remotely piloted aircraft Section A person shall operate a remotely piloted aircraft in such a manner as to minimise hazards to persons, property or other aircraft, and in accordance with the conditions specified in the Second schedule and the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, 2018. - 16
GENERAL RULES OF THE AIR - 16. Unmanned free balloons
AI-assisted research summary: A person must operate an unmanned free balloon so as to minimize hazards to persons, property or other aircraft and follow the conditions in the Third Schedule.
Section 16. Unmanned free balloons Section A person shall operate an unmanned free balloon in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions specified in the Third Schedule. - 17
GENERAL RULES OF THE AIR - 17. Prohibited areas, restricted areas and danger areas
AI-assisted research summary: A person must not operate an aircraft in a published prohibited, restricted or danger area except under the stated conditions or with Government permission.
Section 17. Prohibited areas, restricted areas and danger areas Section A person shall not operate an aircraft in a prohibited area or a restricted area or a danger area, the particulars of which have been duly published in the Kenya Aeronautical Information Publication, except in accordance with the conditions of the restrictions or by permission granted by the Government of Kenya. - 18
GENERAL RULES OF THE AIR - 18. Avoidance of collisions.
AI-assisted research summary: The pilot in command of aircraft must take avoidance action, including manoeuvres based on ACAS resolution advisories, to avert collision.
Section 18. Avoidance of collisions. Section The pilot in command of aircraft is responsible for taking avoidance action and such other action including manouevres based on resolution advisories provided by ACAS equipment to avert collision. - 19
GENERAL RULES OF THE AIR - 19. Proximity to other aircraft.
AI-assisted research summary: A person must not operate an aircraft so close to other aircraft that it creates a collision hazard.
Section 19. Proximity to other aircraft. Section A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard. - 20
GENERAL RULES OF THE AIR - 20. Right-of-way
AI-assisted research summary: Pilots with right-of-way must maintain their aircraft's heading and speed; aircraft required to give way must avoid passing over, under or in front of the other aircraft unless they pass well clear and account for wake turbulence.
Section 20. Right-of-way Section 20(1) The pilot-in-command of an aircraft that has the right-of- way shall maintain the aircraft heading and speed. Section 20(2) An aircraft that is obliged to keep out of way for another aircraft in regulations 21, 22, 23, 24 and 25 shall avoid passing over, under or in front of the other, unless it passes well clear and taking into account the effect of aircraft wake turbulence. - 21
GENERAL RULES OF THE AIR - 21. Approaching head-on
AI-assisted research summary: When two aircraft are approaching head-on (or approximately so) and there is danger of collision, each aircraft must alter its heading to the right.
Section 21. Approaching head-on Section When two aircraft are approaching head-on or approximately so and there is danger of collision, each aircraft shall alter its heading to the right. - 22
GENERAL RULES OF THE AIR - 22. Converging
AI-assisted research summary: Power-driven heavier-than-air aircraft must give way to airships, gliders and balloons.
Section 22. Converging Section power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; - 23
GENERAL RULES OF THE AIR - 23. Overtaking
AI-assisted research summary: An aircraft being overtaken has the right-of-way; the overtaking aircraft must keep out of its way by altering heading to the right until entirely past and clear.
Section 23. Overtaking Section An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear. - 24
GENERAL RULES OF THE AIR - 24. Landing
AI-assisted research summary: Aircraft in flight or operating on the ground or water must give way to landing aircraft or those in the final stages of approach; higher aircraft must give way to lower ones when approaching to land; lower aircraft must not cut in or overtake; power-driven heavier-than-air aircraft must give way to gliders.
Section 24. Landing Section 24(1) An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land. Section 24(2) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft and power- driven heavier-than-air aircraft shall give way to gliders. - 25
GENERAL RULES OF THE AIR - 25. Emergency landing
AI-assisted research summary: An aircraft that is aware another aircraft is compelled to land must give way to that aircraft.
Section 25. Emergency landing Section An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft. - 26
GENERAL RULES OF THE AIR - 26. Taking off
AI-assisted research summary: Aircraft taxiing on an aerodrome manoeuvring area must give way to aircraft that are taking off or about to take off.
Section 26. Taking off Section An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking off or about to take off. - 27
GENERAL RULES OF THE AIR - 27. Surface movement of aircraft
AI-assisted research summary: Rules for surface movement: aircraft approaching head-on must stop or alter course to the right; converging aircraft, the one with the other on its right must give way; an overtaken aircraft has right-of-way and the overtaking aircraft must keep clear; taxiing aircraft must stop at runway-holding positions unless authorised by the aerodrome control tower; taxiing aircraft must stop at lighted stop bars and may proceed when lights are off.
Section 27. Surface movement of aircraft Section 27(1)(a) when two aircraft are approaching head-on, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear; Section 27(1)(b) when two aircraft are on a converging course, the one which has the other on its right shall give way; Section 27(1)(c) an aircraft which is being overtaken by another aircraft shall have the right-of-way and the overtaking aircraft shall keep well clear of the other aircraft. Section 27(2) An aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless otherwise authorised by the aerodrome control tower. Section 27(3) An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off. - 28
GENERAL RULES OF THE AIR - 28. Surface movement of aircraft and vehicular traffic
AI-assisted research summary: Applies to aeroplanes and vehicles on the movement area; pilots must take all possible measures to avoid collisions; emergency vehicles assisting aircraft in distress have priority; specified give-way rules between aircraft and vehicles and vehicles towing aircraft.
Section 28. Surface movement of aircraft and vehicular traffic Section 28(1) This regulation shall apply to aeroplanes and vehicles on the movement area of a land aerodrome. Section 28(2) Notwithstanding any air traffic control clearances, it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle. Section 28(3) Emergency vehicles proceeding to the assistance of aircraft in distress shall be afforded priority over all other surface movement traffic. Section 28(4)(a) aircraft and vehicles shall give way to aircraft which are taking off or landing; Section 28(4)(b) vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxing; Section 28(4)(c) vehicles which are not towing aircraft shall give way to aircraft; and Section 28(4)(d) vehicles shall give way to other vehicles towing aircraft. - 29
GENERAL RULES OF THE AIR - 29. Lights to be displayed by aircraft
AI-assisted research summary: Requires aircraft on aerodrome movement areas and in flight (when fitted) to display specified navigation, anti-collision, extremity and engine-running indicator lights and forbids other lights likely to be mistaken for those lights; exceptions apply where lights would impede duties or dazzle observers.
Section 29. Lights to be displayed by aircraft Section 29(1)(a) anti-collision lights intended to attract attention to the aircraft; and Section 29(1)(b) navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights. Section 29(2)(a) all aircraft moving on the movement area of an aerodrome shall display navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights; Section 29(2)(b) unless stationary and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure; Section 29(2)(c) all aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and Section 29(2)(d) all aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact. Section 29(3) Except as provided by subregulation (5), all aircraft in flight and fitted with anti-collision lights to meet the requirement of subregulation (1) a) shall display such lights outside the period specified in subregulation (1). Section 29(4)(a) operating on the movement area of an aerodrome and fitted with anti-collision lights to meet the requirement of subregulation (2) (c); or Section 29(4)(b) on the movement area of an aerodrome and fitted with lights to meet the requirement of subregulation (2) (d); shall display such lights also outside the period specified in subregulation (2). Section 29(5)(a) adversely affect the satisfactory performance of duties; or Section 29(5)(b) subject an outside observer to harmful dazzle. Section 29(6) The lights specified in subregulation (1), shall meet the requirements of the Civil Aviation Regulations. - 30
GENERAL RULES OF THE AIR - 30. Simulated instrument flight conditions
AI-assisted research summary: States that fully functioning dual controls are installed in that aircraft.
Section 30. Simulated instrument flight conditions Section fully functioning dual controls are installed in that aircraft; - 31
GENERAL RULES OF THE AIR - 31. Operation on and in the vicinity of an aerodrome
AI-assisted research summary: Rules governing operations in and near an aerodrome including stay-clear altitudes, left-side separation when landing/taking off, prohibitions on entering certain zones, and requirement to clear landing area promptly.
Section 31. Operation on and in the vicinity of an aerodrome Section 31(1)(a) observe other aerodrome traffic for the purpose of avoiding collision; Section 31(1)(b) conform with or avoid the pattern of traffic formed by other aircraft in operation; Section 31(1)(c) make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed; Section 31(1)(d) land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable. Section 31(2) A person shall not fly within a zone which the pilot-in- command knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an air traffic control unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing. Section 31(3) An aircraft flying within an aerodrome traffic zone for the purpose of observing signals in the signal area of an aerodrome, shall remain clear of cloud and at least 500 feet above the level of the aerodrome. Section 31(4) A person shall not land an aircraft on a runway at such an aerodrome unless the runway is clear of other aircraft. Section 31(5)(a) an aircraft when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take off, and if such aircraft is obliged to turn, it shall turn to the left after the pilot-in-command of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and Section 31(5)(b) an aircraft about to take off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking off or is about to take off. Section 31(6) An aircraft after landing shall move clear of the landing area in use as soon as it is possible to do so. - 32
GENERAL RULES OF THE AIR - 32. Operation within an aerodrome traffic zone
AI-assisted research summary: A pilot-in-command must not fly into an aerodrome traffic zone with an air traffic control unit unless permitted; must maintain radio or visual watch, must not taxi/take off/land except with permission, and must comply with regulation 15 unless permitted or instructed otherwise.
Section 32. Operation within an aerodrome traffic zone Section 32(1) A pilot-in-command shall not fly the aircraft within a zone which the he knows or reasonably ought to know to be an aerodrome having an air traffic control unit, unless he has the permission of the appropriate air traffic control unit. Section 32(2)(a) cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; Section 32(2)(b) not taxi, take off or land except with the permission of the air traffic control unit; and Section 32(2)(c) comply with the provisions of regulation 15 as if the aerodrome did not have an air traffic control unit, unless the pilot-in-command has the permission of the air traffic control unit at the aerodrome, or has been instructed by such unit, to do otherwise. - 33
GENERAL RULES OF THE AIR - 33. Operations on or in the vicinity of a controlled aerodrome
AI-assisted research summary: Rules require two-way radio communication with a control tower to operate at or near a controlled aerodrome and set specific points when pilots must establish that communication and when clearances are required to use runways or taxiways.
Section 33. Operations on or in the vicinity of a controlled aerodrome Section 33(1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless two-way communication is maintained between that person and the control tower. Section 33(2) When arriving at an aerodrome, a pilot-in-command shall establish communications required by subregulation (1), prior to four nautical miles from the aerodrome, when operating from the surface up to and including 2,500 feet. Section 33(3) When departing from an aerodrome, a pilot-in-command shall establish communications with the control tower prior to taxi. Section 33(4) A person shall not at any aerodrome with an operating control tower, operate an aircraft on a runway or taxiway or take-off or land an aircraft, unless an appropriate clearance has been received from the air traffic control unit. Section 33(5)(a) is not a clearance to cross or taxi on to that runway; and Section 33(5)(a)(i) is not a clearance to cross or taxi on to that runway; and Section 33(5)(a)(ii) does not authorize the pilot-in-command to cross other runways during the taxi to the assigned runway; Section 33(5)(b) any other point on the aerodrome is a clearance to cross all runways that intersect the taxi route to the assigned point. Section 33(6)(a) the weather conditions are at or above basic visual flight rules minimums; and Section 33(6)(b) clearance to land is received by light signals. Section 33(7) During instrument flight rules operations, the two-way communications failure procedures prescribed in Regulation 45 shall apply. - 34
GENERAL RULES OF THE AIR - 34. Access to and movement in the manoeuvring area
AI-assisted research summary: Persons must not enter or drive/move vehicles on an aerodrome manoeuvring area without permission and must comply with any conditions attached to that permission.
Section 34. Access to and movement in the manoeuvring area Section 34(1) A person shall not enter the manoeuvring area of an aerodrome or drive a vehicle on the manoeuvring area of an aerodrome without the permission of the aerodrome control tower in the case of a controlled aerodrome, or in the case of an uncontrolled aerodrome, the person in charge of the aerodrome, and in accordance with any conditions subject to which that permission may have been granted. Section 34(2) A person shall not move, or move a vehicle on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit and in accordance with any conditions subject to which that permission may have been granted. Section 34(3) Any permission granted for the purpose of this regulation may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicles. - 35
GENERAL RULES OF THE AIR - 35. Water operations
AI-assisted research summary: Rules for aircraft operating on water: keep clear of vessels, give way to vessels/right-side craft, alter heading to the right when head-on, overtaken craft has right-of-way, and display navigation lights at night (with an impracticality exception).
Section 35. Water operations Section 35(1) An aircraft shall proceed with careful regard to existing circumstances and conditions including limitations of the respective craft when two aircraft or an aircraft and a vessel are approaching one another and there is a risk of collision. Section 35(2) A person operating an aircraft on the water shall, in so far as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right- of-way by this regulation. Section 35(3) When two aircraft, or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions, including the limitations of the respective craft. Section 35(4) Where aircraft, or an aircraft and a vessel, are converging the aircraft or vessel which has another to its right shall give way so as to keep well clear. Section 35(5) Where aircraft, or an aircraft and a vessel, are approaching head-on, or approximately so, each shall alter its heading to the right to keep well clear. Section 35(6) An aircraft or vessel that is being overtaken has the right-of- way, and the one overtaking shall alter its heading to keep well clear. Section 35(7) An aircraft landing on or taking off from water shall, in so far as practicable, keep well clear of all vessels and avoid impeding their navigation. Section 35(8) Aircraft operating on water between sunset and sunrise, shall display lights as required by the International Regulations for Preventing Collisions at Sea unless it is impractical for them to do so, in which case they shall display lights as closely similar as possible in characteristics and position to those required by the International Regulations. - 36
GENERAL RULES OF THE AIR - 36. Submission of a flight plan
AI-assisted research summary: The provision requires pilots to communicate flight plans and obtain air traffic control clearance; it requires acceptance of flight plans by the receiving ATS unit before activation and allows ATS units to exempt certain local return flights.
Section 36. Submission of a flight plan Section 36(1) Information relative to an intended flight or portion of a flight, to be provided to air traffic services units, shall be in the form of a flight plan. Section 36(2)(a) any flight or portion thereof to be provided with air traffic control service; Section 36(2)(b) any IFR flight within advisory airspace; Section 36(2)(c) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services; Section 36(2)(d) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate coordination with appropriate military units or with air traffic services units in adjacent States in order to avoid the possible need for interception for the purpose of identification; Section 36(2)(e) any flight across international borders. Section 36(3) A flight plan shall be submitted to an air traffic services reporting office before departure, or, through digital means, or, during flight, transmitted to the appropriate air traffic services unit or air-ground control radio station, unless arrangements have been made for submission of repetitive flight plans. Section 36(4)(a) the intended point of entry into a control area or advisory area; or Section 36(4)(b) the point of crossing an airway or advisory route, unless otherwise prescribed by the appropriate ATS authority Section 36(5) Where a Through Flight Plan, containing such particulars as may be notified is submitted to and accepted by an air traffic services unit in respect of a flight through a number of intermediate aerodromes, this regulation shall be deemed to have been satisfied in respect of each sector of the flight. Section 36(6) Subject to subregulations (2), (3), (4) and (5), a flight plan shall be accepted by the receiving Air Traffic Service unit/Reporting office before it is activated Section 36(7) An air traffic control unit may exempt the pilot-in-command from the requirements of this regulation in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing. Section 36(8) In order to comply with the instrument flight rules, before an aircraft either takes off from a point within any controlled airspace, or enters any controlled airspace, or in other circumstances prescribed for this purpose, the pilot-in-command shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan. Section 36(9) The pilot-in-command after he has flown in controlled airspace shall, unless he has requested the appropriate air traffic control unit to cancel his flight plan, forthwith inform that unit when the aircraft lands within or leaves that controlled airspace. - 37
GENERAL RULES OF THE AIR - 37. Contents of a flight plan
AI-assisted research summary: Section 37: Contents of a flight plan; Aircraft identification
Section 37. Contents of a flight plan Section Aircraft identification - 38
GENERAL RULES OF THE AIR - 38. Completion of a flight plan
AI-assisted research summary: A flight plan must include information, as applicable, on relevant items up to and including "Alternate aerodrome(s)" about the whole route or the portion for which the flight plan is submitted.
Section 38. Completion of a flight plan Section 38(1) A flight plan shall contain information, as applicable, on relevant items up to and including "Alternate aerodrome(s)" regarding the whole route or the portion thereof for which the flight plan is submitted, whatever the purpose for which it is submitted. Section 38(2) It shall, in addition, contain information, as applicable, on all other items when so prescribed by the appropriate ATS authority or when otherwise deemed necessary by the person submitting the flight plan. - 39
GENERAL RULES OF THE AIR - 39. Changes to a flight plan
AI-assisted research summary: Changes to a flight plan must be reported as soon as practicable to the appropriate air traffic services unit.
Section 39. Changes to a flight plan Section 39(1) Subject to the provisions of regulation 45 subregulation (1), all changes to a flight plan submitted for an IFR flight, or a VFR flight operated as a controlled flight, shall be reported as soon as practicable to the appropriate air traffic services unit. Section 39(2) Significant changes to a flight plan shall be reported as soon as practicable to the appropriate air traffic services unit for other VFR flights. Section 39(3) Any information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at the time of departure, constitutes a significant change to the flight plan and as such shall be reported. - 40
GENERAL RULES OF THE AIR - 40. Closing a flight plan
AI-assisted research summary: Pilots-in-command must report arrivals after landing when a flight plan was filed; aircraft must, if practicable, transmit an arrival-like message immediately prior to landing; pilots who notified intended arrival must inform ATS of changes or estimated delays of forty five minutes or more.
Section 40. Closing a flight plan Section 40(1) A pilot-in-command shall make a report of arrival in person, by radiotelephony or via data link at the earliest possible moment after landing, to the appropriate air traffic services unit at the arrival aerodrome, by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome unless otherwise prescribed by the appropriate ATS authority. Section 40(2) When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, it shall, when required, be closed by an appropriate report to the relevant air traffic services unit. Section 40(3) When no air traffic services unit exists at the arrival aerodrome, the arrival report, when required, shall be made as soon as practicable after landing and by the quickest means available to the nearest air traffic services unit. Section 40(4)(a) Immediately prior to landing the aircraft shall, if practicable, transmit to the appropriate air traffic services unit, a message comparable to an arrival report, where such a report is required. Section 40(4)(b) Normally, this transmission shall be made to the aeronautical station serving the air traffic services unit in charge of the flight information region in which the aircraft is operated. Section 40(5)(a) aircraft identification; Section 40(5)(b) departure aerodrome; Section 40(5)(c) destination aerodrome (only in the case of a diversionary landing); arrival aerodrome; Section 40(5)(d) time of arrival. Section 40(6) A pilot-in-command of an aircraft who has caused notice of the aircraft intended arrival at any aerodrome to be given to the air traffic services unit or other authority at that aerodrome shall ensure that the air traffic services unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of forty five minutes or more. - 41
GENERAL RULES OF THE AIR - 41. Universal aviation Signals
AI-assisted research summary: Signals listed in the Fourth Schedule have specific meanings; aircraft must act according to those meanings. Marshallers must give standard signals, be trained/qualified and approved by the aerodrome operator, wear a fluorescent identification vest, and staff must use specified wands or gloves for signalling by day and illuminated wands at night.
Section 41. Universal aviation Signals Section 41(1) Upon observing or receiving any of the signals given in Fourth Schedule, aircraft shall take such action as may be required by the interpretation of the signal given in that schedule. Section 41(2) The signals given in the Fourth schedule shall, when used, have the meaning indicated therein and be used only for the purpose indicated. Section 41(3) No other signals likely to be confused with the signals in the Fourth Schedule shall be used. Section 41(4) A marshaller shall be responsible for providing standard marshalling signals to aircraft in a clear and precise manner using the signals shown in Fourth Schedule. Section 41(5) No person shall marshal an aircraft unless trained, qualified and approved by the aerodrome operator to carry out the functions of a marshaller. Section 41(6) The marshaller shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that he or she is the person responsible for the marshalling operation. Section 41(7) Daylight-fluorescent wands, table-tennis bats or gloves shall be used for all signalling by all participating ground staff during daylight hours. Section 41(8) Illuminated wands shall be used at night or in low visibility. - 42
GENERAL RULES OF THE AIR - 42. Distress signals
AI-assisted research summary: Defines "Distress signals" as a signal made by radiotelegraphy or any other signalling method consisting of the group SOS in Morse Code.
Section 42. Distress signals Section a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS in the Morse Code; - 43
GENERAL RULES OF THE AIR - 43. Urgency signals
AI-assisted research summary: Section 43 lists examples of recognised urgency signals (lighting patterns and radio/data signals) used to indicate urgency.
Section 43. Urgency signals Section 43(1)(a) the repeated switching on and off of the landing lights; or Section 43(1)(b) the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights. Section 43(2)(a) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX; Section 43(2)(b) a signal sent by radiotelephony consisting of the spoken words PAN, PAN; Section 43(2)(c) an urgency message sent via data link which transmits the intent of the words PAN, PAN. - 44
GENERAL RULES OF THE AIR - 44. Time
AI-assisted research summary: Requires use of Coordinated Universal Time (UTC) expressed in hours and minutes (and seconds when required); requires a time check before operating a controlled flight and as necessary during the flight; requires time for data link communications to be accurate to within 1 second of UTC.
Section 44. Time Section 44(1) Coordinated Universal Time (UTC) shall be used and be expressed in hours and minutes and, when required, seconds of the 24- hour day beginning at midnight. Section 44(2) A time check shall be obtained prior to operating a controlled flight and at such other times during the flight as may be necessary. Section 44(3) Wherever time is utilized in the application of data link communications, it shall be accurate to within 1 second of UTC. - 45
GENERAL RULES OF THE AIR - 45. Air traffic control clearances
AI-assisted research summary: Air traffic control clearances must be obtained before operating a controlled flight.
Section 45. Air traffic control clearances Section 45(1) An air traffic control clearance shall be obtained prior to operating a controlled flight, or a portion of a flight as a controlled flight. Section 45(2) Air traffic control clearance shall be requested through the submission of a flight plan to an air traffic control unit. Section 45(3) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit. Section 45(4) The appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route ,where known, and the revised destination if prior to departure it is anticipated that depending on fuel endurance and subject to re- clearance in flight, a decision may be taken to proceed to a revised destination aerodrome. Section 45(5) An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit. Section 45(6)(a) is able to fly in uninterrupted visual meteorological conditions for so long as he remains in controlled airspace; and Section 45(6)(b) has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with visual flight rules and has requested that unit to cancel his instrument flight rules flight plan: - 46
GENERAL RULES OF THE AIR - 46. Adherence to current light plan
AI-assisted research summary: An aircraft operating on ATS route segments defined by VORs must change over its primary navigation guidance from the facility behind it to the facility ahead at, or as close as operationally feasible to, the changeover point.
Section 46. Adherence to current light plan Section 46(1)(a) a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or; Section 46(1)(b) an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and that this action has been taken under emergency authority, except as provided for in subregulation (2) and regulation 47 Section 46(2)(a) when on an established ATS route, operate along the defined centre line of that route; or Section 46(2)(b) when on any other route, operate directly between the navigation facilities and points defining that route. Section 46(3) Subject to the overriding requirement in subregulation (2), an aircraft operating along an ATS route segment defined by reference to very high frequency omni-directional radio ranges shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the changeover point, where established. Section 46(4) Deviation from the requirements in subregulation (2), shall be notified to the appropriate air traffic services unit. - 47
GENERAL RULES OF THE AIR - 47. Deviations from the current flight plan
AI-assisted research summary: Flight crew must notify the appropriate air traffic services unit as soon as possible when the time estimate for the next reporting point, FIR boundary or destination aerodrome changes by more than 2 minutes, except where ADS-C is activated and serviceable in ADS-C airspace.
Section 47. Deviations from the current flight plan Section 47(1)(a) Deviation from track: if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable. Section 47(1)(b) Deviation from ATC assigned Mach number/indicated airspeed: the appropriate air traffic services unit shall be informed immediately. Section 47(1)(c) Deviation from Mach number or true airspeed: if the sustained Mach number or true airspeed at cruising level varies by plus or minus Mach 0.02 or more, or plus or minus 19 km/h (10 kts) true airspeed or more from the current flight plan, the appropriate air traffic services unit shall be so informed. Section 47(1)(d) Change in time estimate: except where ADS-C is activated and serviceable in airspace where ADS-C services are provided, if the time estimate for the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, changes in excess of 2 minutes from that previously notified to air traffic services, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of regional air navigation agreements, the flight crew shall notify the appropriate air traffic services unit as soon as possible. Section 47(2) When ADS-C services are provided and ADS-C is activated, the air traffic services unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract. Section 47(3)(a) aircraft identification; Section 47(3)(a)(i) aircraft identification; Section 47(3)(a)(ii) requested new cruising level and cruising Mach number or true airspeed at this level; Section 47(3)(a)(iii) revised time estimates at subsequent reporting points or flight information region boundaries. Section 47(3)(b) aircraft identification; Section 47(3)(b)(i) aircraft identification; Section 47(3)(b)(ii) requested Mach number or true airspeed. - 48
GENERAL RULES OF THE AIR - 48. Weather deterioration below the VMC
AI-assisted research summary: When weather deteriorates below VMC, request an amended clearance enabling the aircraft to continue in VMC to the destination or an alternative aerodrome, or to leave the airspace within which an ATC clearance is required.
Section 48. Weather deterioration below the VMC Section request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required; or - 49
GENERAL RULES OF THE AIR - 49. Position reports
AI-assisted research summary: Position reporting rules: required contents and intervals are set, and controlled flights using data link must provide voice reports only when requested.
Section 49. Position reports Section 49(1)(a) the time and level of passing each designated compulsory reporting point, together with any other required information unless exempted by the appropriate ATS authority or by the appropriate air traffic services unit under conditions specified by that authority; Section 49(1)(b) any unforecasted weather conditions encountered; and Section 49(1)(c) any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications. Section 49(2) Position reports shall be made in relation to additional points when requested by the appropriate air traffic services unit. Section 49(3) Position reports shall be made at intervals prescribed by the appropriate ATS authority or specified by the appropriate air traffic services unit in the absence of designated reporting points. Section 49(4) Controlled flights providing position information to the appropriate air traffic services unit via data link communications shall only provide voice position reports when requested. - 50
GENERAL RULES OF THE AIR - 50. Termination of control
AI-assisted research summary: A controlled flight must advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service, except when landing at a controlled aerodrome.
Section 50. Termination of control Section A controlled flight shall, advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service except when landing at a controlled aerodrome. - 51
GENERAL RULES OF THE AIR - 51. General Communications
AI-assisted research summary: Aircraft on controlled flights must maintain continuous air–ground voice communication and establish two‑way communication as necessary; aircraft must follow voice communication failure procedures and attempt other means of communication if voice fails.
Section 51. General Communications Section 51(1) An aircraft operated as a controlled flight shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and establish two-way communication as necessary with, the appropriate air traffic control unit, except as may be prescribed by the appropriate ATS authority in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome. Section 51(2) Aircraft shall comply with the voice communication failure procedures of the Civil Aviation (Communication Procedures) Regulations. Section 51(3) Aircraft shall attempt to establish communications with the appropriate air traffic control unit using all other available means. Section 51(4) Aircraft forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for such instructions as may be issued by visual signals. Section 51(5)(a) continue to fly in visual meteorological conditions; land at the nearest suitable aerodrome; and report its arrival by the most expeditious means to the appropriate air traffic services unit; Section 51(5)(b) complete an IFR flight in accordance with sub regulations (6) if considered advisable. Section 51(6)(a) maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft’s failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan unless otherwise prescribed on the basis of regional air navigation agreement, in airspace where radar is not used in the provision of air traffic control; Section 51(6)(b) the time the last assigned level or minimum flight altitude is reached; or Section 51(6)(b)(i) the time the last assigned level or minimum flight altitude is reached; or Section 51(6)(b)(ii) the time the transponder is set to Code 7600; or Section 51(6)(b)(iii) the aircraft’s failure to report its position over a compulsory reporting point; whichever is later, and thereafter adjust level and speed in accordance with the filed flight plan; Section 51(6)(c) rejoin the current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude when being radar vectored or having been directed by ATC to proceed offset using area navigation (RNAV) without a specified limit; Section 51(6)(d) proceed according to the current flight plan route to the appropriate designated navigation aid or fix serving the destination aerodrome and, when required to ensure compliance with (e) below, hold over this aid or fix until commencement of descent; Section 51(6)(e) commence descent from the navigation aid or fix specified in (d) at, or as close as possible to, the expected approach time last received and acknowledged; or, if no expected approach time has been received and acknowledged, at, or as close as possible to, the estimated time of arrival resulting from the current flight plan; Section 51(6)(f) complete a normal instrument approach procedure as specified for the designated navigation aid or fix; and Section 51(6)(g) land within 30 minutes after the estimated time of arrival specified in (e) or the last acknowledged expected approach time. Section 51(7)(a) request other aeronautical stations to render assistance by calling the pilot-in-command and relaying traffic information, if necessary; Section 51(7)(b) request pilot-in-command of other aircraft on the route to attempt to establish communication with the aircraft and relay traffic information, if necessary. Section 51(8)(a) on request of the air traffic service unit concerned; Section 51(8)(b) when an expected communication from a pilot-in-command has not been received within a time period such that the occurrence of a communication failure is suspected. Section 51(9) The time period referred to in subregulation (8) (b) shall be prescribed by the Authority. Section 51(10) Where the attempts specified in subregulation (7) fail, the aeronautical station shall transmit messages addressed to the pilot-in- command, other than messages containing air traffic control clearances, by blind transmission on the frequency on which the Pilot-in-command is believed to be listening. - 52
GENERAL RULES OF THE AIR - 52. Unlawful interference
AI-assisted research summary: Rules for aircraft and pilots when an aircraft is subjected to unlawful interference: notify ATS, attempt to land as soon as practicable, use SSR codes 7500/7700 when possible, continue assigned track if unable to notify, and ATS units must not mention the nature of the emergency unless first referred by the aircraft and safe to do so.
Section 52. Unlawful interference Section 52(1) An aircraft which is being subjected to unlawful interference shall endeavour to notify the appropriate ATS unit of this fact, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimize conflict with other aircraft. Section 52(2) The pilot-in-command of an aircraft subjected to unlawful interference, shall attempt to land as soon as practicable at the nearest suitable aerodrome or at a dedicated aerodrome assigned by the appropriate authority unless considerations aboard the aircraft dictate otherwise. Section 52(3) A pilot-in-command shall, when and if possible, operate the secondary surveillance radar Mode A Code 7500 to indicate that the aircraft is being subjected to unlawful interference or secondary surveillance radar Mode A, Code 7700 to indicate that it is threatened by grave and imminent danger and requires immediate assistance. Section 52(4) When an air traffic service unit knows or believes that an aircraft is being subjected to unlawful interference, no reference shall be made in air traffic services air-ground communications to the nature of the emergency unless it has first been referred to in communications from the aircraft involved and it is certain that such reference will not aggravate the situation. Section 52(5) The pilot-in-command of an aircraft subjected to unlawful interference shall when unable to notify an air traffic service unit shall attempt to continue flying on the assigned track and at the assigned cruising level at least until able to notify an air traffic service unit or until within radar or ADS-B coverage. Section 52(6)(a) attempt to broadcast warnings on the VHF channel in use or on the designated emergency frequency unless considerations aboard the aircraft dictate otherwise; Section 52(6)(b) 500 ft when flying in an area where vertical separation minimum of 1000 ft is applied Section 52(6)(b)(i) 500 ft when flying in an area where vertical separation minimum of 1000 ft is applied Section 52(6)(b)(ii) 1000 ft in an area where vertical separation minimum of 2000 ft is applied Unlawful interference. - 53
GENERAL RULES OF THE AIR - 53. Interception of Civil Aircraft
AI-assisted research summary: The Authority must carry out interception activities with due regard for the safety of navigation, and the pilot-in-command when intercepted must follow the Fifth and Fourth Schedule requirements and visual signals.
Section 53. Interception of Civil Aircraft Section 53(1) Interception of civil aircraft shall be governed by these regulations and any other administrative directives issued by the Authority. Section 53(2) Subject to subregulation (1), the Authority shall undertake, due regard for the safety of navigation of civil aircraft. Section 53(3) The pilot-in-command of a civil aircraft, when intercepted, shall comply with the requirements prescribed in the Fifth Schedule, interpreting and responding to visual signals as specified in Fourth Schedule Interception of Civil Aircraft. - 54
GENERAL RULES OF THE AIR - 54. Visual meteorological conditions, visibility and distance from cloud minima
AI-assisted research summary: VMC visibility and distance from cloud minima shall be as shown in the Sixth Schedule.
Section 54. Visual meteorological conditions, visibility and distance from cloud minima Section VMC visibility and distance from cloud minima shall be as shown in below described in the Sixth Schedule. - 8
GENERAL RULES OF THE AIR - 8. Problematic use of psychoactive substance
AI-assisted research summary: Safety-sensitive aviation personnel must not perform safety-critical functions while impaired by any psychoactive substance; such persons referred to in (1) must not engage in problematic substance use.
Section 8. Problematic use of psychoactive substance Section 8(1) A safety-sensitive person whose function is critical to the safety of aviation shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired. Section 8(2) A person referred to in subregulation (1) shall not engage in any kind of problematic use of substances. - 9
GENERAL RULES OF THE AIR - 9. Negligent or reckless operation of aircraft
AI-assisted research summary: A person must not wilfully, negligently or recklessly operate an aircraft in a way that endangers life or property.
Section 9. Negligent or reckless operation of aircraft Section A person shall not wilfully operate an aircraft, negligently or recklessly in a manner so as to endanger life or property.
Part III
VISUAL FLIGHT RULES
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VISUAL FLIGHT RULES - 55. Visual flight rules within a control zone
AI-assisted research summary: The appropriate ATS authority must set rules for VFR flights operating between sunset and sunrise (or similar periods).
Section 55. Visual flight rules within a control zone Section 55(1) VFR flights shall be conducted so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in regulation 54 except when operating as a special VFR flight, Section 55(2)(a) ceiling is less than 1 500 ft; or Section 55(2)(b) ground visibility is less than 5 km; except when a clearance is obtained from an air traffic control unit. Section 55(3) The appropriate ATS authority shall prescribe the conditions that govern the operations of VFR flights between sunset and sunrise, or such other period between sunset and sunrise. - 56
VISUAL FLIGHT RULES - 56. Operation of Visual flight rules flights
AI-assisted research summary: Sets cruising-level and communication requirements for VFR flights and identifies authorities that may permit exceptions or specify datums.
Section 56. Operation of Visual flight rules flights Section 56(1)(a) above FL 145; or Section 56(1)(b) at night Section 56(2)(a) over the congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 M (1000 ft) above the highest obstacle within a radius of 600 M (2000 ft) from the aircraft; Section 56(2)(b) elsewhere than as specified in subregulation 6 (a), at a height less than 150 M (500 ft) above the ground or water; except when necessary for take-off or landing, or except by permission from the appropriate authority. Section 56(3) VFR flights in level cruising flight when operated above 900 M (3 000 ft) from the ground or water, or a higher datum as specified by the appropriate ATS authority, shall be conducted at a cruising level appropriate to the track as specified in the tables of cruising levels in the First Schedule except where otherwise indicated in air traffic control clearances or specified by the appropriate ATS authority. Section 56(4)(a) operated within Classes B, C and D airspace; Section 56(4)(b) forming part of aerodrome traffic at controlled aerodromes; or Section 56(4)(c) operated as special VFR flights. Section 56(5) A VFR flight operating within or into areas, or along routes, designated by the appropriate ATS authority in accordance with regulation 36 (2) (c) or (2) (d) shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service. - 57
VISUAL FLIGHT RULES - 57. Changing from Visual flight rules to Instrument flight rules
AI-assisted research summary: If a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan.
Section 57. Changing from Visual flight rules to Instrument flight rules Section if a flight plan was submitted, communicate the necessary changes to be effected to its current flight plan; or
Part IV
INSTRUMENT FLIGHT RULES
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INSTRUMENT FLIGHT RULES - 58. Aircraft equipment
AI-assisted research summary: A pilot-in-command must ensure the aircraft has suitable instruments and navigation equipment appropriate to the planned route.
Section 58. Aircraft equipment Section A pilot-in-command of an aircraft shall ensure that the aircraft is equipped with suitable instruments and with navigation equipment appropriate to the route to be flown. - 59
INSTRUMENT FLIGHT RULES - 59. Minimum levels for IFR flights
AI-assisted research summary: If unable to communicate with air traffic control and needing to climb to clear an obstacle, a pilot must climb to a higher minimum IFR altitude immediately after passing the point beyond which that minimum altitude applies.
Section 59. Minimum levels for IFR flights Section 59(1)(a) over high terrain or in mountainous areas, at a level which is at least 2 000 ft above the highest obstacle located within 8 km of the estimated position of the aircraft; Section 59(1)(b) elsewhere than as specified in (a), at a level which is at least 1 000 ft above the highest obstacle located within 8 km of the estimated position of the aircraft; except when necessary for take-off or landing, or except when specifically authorized by the appropriate authority, Section 59(2) If unable to communicate with air traffic control and there is need to climb to clear an obstacle, a pilot shall climb to a higher minimum instrument flight rules altitude immediately after passing the point beyond which that minimum altitude applies. - 60
INSTRUMENT FLIGHT RULES - 60. Change from IFR flight to VFR flight
AI-assisted research summary: If a pilot-in-command switches from IFR to VFR and a flight plan was submitted, the pilot must notify the appropriate air traffic services unit that the IFR flight is cancelled and communicate changes to the current flight plan; a pilot operating under IFR must not cancel IFR unless it is anticipated and intended that the flight will remain in uninterrupted visual meteorological conditions for a reasonable period.
Section 60. Change from IFR flight to VFR flight Section 60(1) A pilot-in-command of an aircraft electing to change the conduct of its flight from compliance with the instrument flight rules to compliance with the visual flight rules shall, if a flight plan was submitted, notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and communicate thereto the changes to be made to its current flight plan. Section 60(2) Where a pilot of an aircraft operating under the instrument flight rules is flying in or encounters visual meteorological conditions, he shall not cancel its IFR flight unless it is anticipated, and intended, that the flight will be continued for a reasonable period of time in uninterrupted visual meteorological conditions. - 61
INSTRUMENT FLIGHT RULES - 61. Rules applicable to IFR flights within controlled airspace
AI-assisted research summary: IFR flights must comply with regulations 45.46, 47, 48, 49, 50 and 51 when operating in controlled airspace.
Section 61. Rules applicable to IFR flights within controlled airspace Section 61(1) IFR flights shall comply with the provisions of regulations 45.46, 47, 48, 49, 50 and 51 when operating in controlled airspace. Section 61(2)(a) the tables of cruising levels in First Schedule; or Section 61(2)(b) a modified table of cruising levels, when so prescribed in accordance with First Schedule for flight above FL 410. Section 61(3) The correlation of levels to track prescribed in subregulation Section 61(2) shall not apply whenever indicated in air traffic control clearances or specified by the appropriate ATS authority in Aeronautical Information Publications. - 62
INSTRUMENT FLIGHT RULES - 62. Cruising levels outside controlled airspace
AI-assisted research summary: Cruising levels outside controlled airspace follow the tables in the First Schedule, except when specified by the appropriate ATS authority for flight at or below 900 M (3000 ft) above mean sea level.
Section 62. Cruising levels outside controlled airspace Section the tables of cruising levels in the First Schedule, except when specified by the appropriate ATS authority for flight at or below 900 M (3000 ft) above mean sea level; or - 63
INSTRUMENT FLIGHT RULES - 63. Communications for IFR flights outside controlled airspace
AI-assisted research summary: A pilot-in-command of an IFR flight operating outside designated controlled airspace must keep an air-ground voice watch and establish two-way communication with the flight information service unit as necessary.
Section 63. Communications for IFR flights outside controlled airspace Section A pilot-in-command of an IFR flight operating outside controlled airspace but within or into areas, or along routes, designated by the appropriate ATS authority in accordance with regulation 36, subregulation (2) (c) or (d) shall maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary, with the air traffic services unit providing flight information service. - 64
INSTRUMENT FLIGHT RULES - 64. Position Report IFR flights outside controlled airspace orts
AI-assisted research summary: Submit a flight plan for IFR flights outside controlled airspace.
Section 64. Position Report IFR flights outside controlled airspace orts Section submit a flight plan,
Part V
GENERAL PROVISIONS
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GENERAL PROVISIONS - 65. Contravention of Regulations
AI-assisted research summary: The Authority may suspend or revoke a person's licence, certificate, approval, authorisation, exemption or other document if that person contravenes any provision of these regulations.
Section 65. Contravention of Regulations Section The Authority may suspend or revoke the licence, certificate, approval, authorisation, exemption or other document of a person who contravenes any provision of these regulations. - 66
GENERAL PROVISIONS - 66. Appeals to the tribunal
AI-assisted research summary: A person aggrieved by a decision of the Authority may appeal to the tribunal within twenty one days of that decision.
Section 66. Appeals to the tribunal Section A person aggrieved with the decision of the Authority under these regulations may within twenty one days of such decision appeal to the tribunal. - 67
GENERAL PROVISIONS - 67. Offenses
AI-assisted research summary: Contravening these regulations is an offence; convicted persons face fines (up to two million shillings generally) and continuing contraventions count as separate offences; specified schedule items carry different fines and possible imprisonment; certain defences and Authority seizure/bond measures apply.
Section 67. Offenses Section 67(1) A person who contravenes any provision of these regulations, commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence. Section 67(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, 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 67(3) Where a person is charged with contravening a provision of these regulations by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose. Section 67(4) In case an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty. Section 67(5) Any aircraft subject to alien for the purpose of subregulation Section 67(5) may be seized by and placed in the custody of the Authority; Section 67(6)(a) payment of the penalty or the amount agreed upon in compromise; Section 67(6)(b) deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; Section 67(6)(c) receiving an order of the court to that effect. Section 67(8) A person who contravenes any provision specified in Part A of the Fifth Schedule to these regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence or to imprisonment for a term not exceeding one year or to both. Section 67(9) A person who contravenes any provision specified in Part B of the Fifth Schedule to these regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and/or to imprisonment for a term not exceeding three years or to both. - 68
GENERAL PROVISIONS - 68. Revocation
AI-assisted research summary: The Civil Aviation (Rules of the Air) Regulations, 2013 are revoked.
Section 68. Revocation Section The Civil Aviation (Rules of the Air) Regulations, 2013 are hereby revoked. - 69
GENERAL PROVISIONS - 69. Transitional
AI-assisted research summary: People already performing activities covered by these Regulations must, within one year of commencement (or a longer period if the Cabinet Secretary allows by Gazette notice), comply with the Regulations or stop those activities.
Section 69. Transitional Section 69(1) A licence, certificate, permit or authorization issued or granted by the Authority before the commencement of these Regulations shall remain operational until it expires or is revoked, annulled or replaced Section 69(2) Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any acts, duties or operations affected by these Regulations shall, within one (1) year from the date of commencement, or within such longer time that the Cabinet Secretary may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such acts, duties or operations.
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The Civil Aviation (Rules of the Air) Regulations, 2018
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