The Civil Aviation (Air Traffic Services) Regulations

AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Air Traffic Services) Regulations, 2018.

AI-assisted research summary: Section 2 is an interpretation heading: "Section being in the aircraft;"

AI-assisted research summary: The Regulations apply to persons providing air traffic services within designated air spaces and at an aerodrome, but do not apply to persons providing such services when performing duties for state aircraft.

AI-assisted research summary: The Authority must classify designated controlled airspace as specified in the First Schedule and must select airspace classes according to the needs of the State.

AI-assisted research summary: An air traffic services provider must implement performance based navigation within designated airspaces and at based navigation aerodromes in accordance with requirements prescribed by the Authority.

AI-assisted research summary: The Authority must prescribe Required Communication Performance (RCP) performance specifications when using performance-based communication (PBC).

AI-assisted research summary: The Authority must prescribe RSP specifications when applying performance-based surveillance (PBS).

AI-assisted research summary: Flight information centers must be established to provide flight information and alerting services within flight information regions, except where an air traffic control unit with adequate facilities is assigned that responsibility.

AI-assisted research summary: Specifies how flight information regions, control areas and control zones are to be delineated, including coverage of air route structures, vertical limits, and minimum lower limits for control areas.

AI-assisted research summary: When it is desirable to limit the number of flight information regions or control areas through which high flying aircraft would otherwise have to operate, a flight information region or control area shall be delineated to include the upper airspace within the lateral limits of a number of lower flight information regions or control areas.

AI-assisted research summary: Control zones must cover the airspace paths used by IFR flights arriving at and departing aerodromes used under instrument meteorological conditions, extend at least 9.3 km (5 NM) from the aerodrome centre in approach directions, extend upward from the surface to at least the lower limit of a control area when located within a control area, have an upper limit established when outside a control area (which must be easily identified by pilots if above the lower limit of an overlying control area), and when that upper limit is above 900 m (3 000 ft.) MSL it must coincide with a VFR cruising level described in the First Schedule to the Civil Aviation (Rules of the Air) Regulations, 2018.

AI-assisted research summary: Certain air traffic service units and airspace areas must be identified by specified names.

AI-assisted research summary: When ATS routes are established, protected airspace along each route and safe spacing between adjacent routes must be provided; special low-level routes may be established for dense or complex traffic including helicopters; route spacing must account for available navigational means and helicopter equipment; routes shall be identified by designators with non-standard route designators following principles in the Second Schedule and standard departure/arrival routes following the Third Schedule.

AI-assisted research summary: Change‑over points shall be established on ATS route segments by reference to very high frequency omni‑directional change‑over radio ranges; they are limited to route segments of 110 km (60 NM) or more except where route complexity, aid density or other technical/operational reasons warrant shorter segments, and the changeover point is the midpoint for straight segments or intersection of radials where direction changes.

AI-assisted research summary: Significant points must be established and identified for defining ATS routes or for air traffic and identification services; they are to be identified by designators and established/identified in accordance with the principles in the Fourth Schedule.

AI-assisted research summary: Air traffic services units (ATS) must: give due regard to operators' requirements per their obligations under the Civil Aviation (Operation of Aircraft) Regulations; make available information to operators or their designated representatives to enable performance of responsibilities; and, when requested, provide operators or designated representatives with messages including position reports as practicable under locally agreed procedures.

AI-assisted research summary: Air traffic services authorities and units must cooperate with military authorities and share flight-related information, and designate areas or routes where certain flight rules apply to aid identification of civil aircraft.

AI-assisted research summary: Certain bodies must coordinate and promulgate information about activities that could hazard civil aircraft; specifically, appropriate ATS authorities must initiate promulgation of information, and the Air Navigation Service Provider together with military authorities must establish procedures for flexible use of reserved airspace.

AI-assisted research summary: The Air navigation Service Provider must ensure that aeronautical data integrity is maintained throughout the data process from survey or origin to the next intended user.

AI-assisted research summary: Meteorological and air traffic services providers must arrange to give aircraft up-to-date meteorological information and must report specified meteorological and volcanic information to the appropriate meteorological offices; Area Control Centers and Flight Information Centers must report volcanic information to Meteorological Watch Offices and Volcanic Ash Advisory Centers; relevant centers and offices must coordinate to keep NOTAM and SIGMET volcanic ash information consistent.

AI-assisted research summary: Aeronautical information services and air traffic services must arrange that aeronautical information services obtain and are provided with specified up-to-date pre-flight and in-flight information; services introducing air navigation changes must allow time for AIS preparation and coordinate closely; AIRAC effective dates plus fourteen days postage time must be observed when submitting raw data; raw data providers must meet accuracy and integrity requirements in the fifth schedule.

AI-assisted research summary: The Authority must determine and publish minimum flight altitudes for each Air Traffic Service route and control area; those altitudes must provide a minimum clearance above the controlling obstacle within the areas concerned.

AI-assisted research summary: Air Traffic Services units must attend promptly to requests by an aircraft when unlawful interference with the aircraft takes place or is suspected.

AI-assisted research summary: Air traffic services units must take specified steps to assist strayed aircraft, establish communication and position, inform relevant ATS and military units, and establish identity for unidentified aircraft.

AI-assisted research summary: Lists actions to be taken during interception of a civil aircraft, including establishing two-way communication, informing the pilot, establishing contact with the intercept control unit, relaying messages, ensuring the intercepted aircraft's safety in coordination with the intercept control unit, and informing adjacent ATS units if the aircraft has strayed.

AI-assisted research summary: Air traffic services units and aerodrome control towers must use and provide Coordinated Universal Time (UTC) and ensure clocks and time-recording devices are accurate to specified tolerances; aerodrome towers must give pilots the correct time before taxiing unless pilots obtain it elsewhere, and units must provide time on request.

AI-assisted research summary: The Authority must establish requirements for carriage and operation of pressure-altitude reporting transponders.

AI-assisted research summary: Air traffic services providers must establish a safety management system and the ATS provider must, when appropriate, ensure post-implementation monitoring verifies the defined level of safety.

AI-assisted research summary: The Authority must establish procedures to manage fatigue in air traffic control services and may approve limited variations or FRMS approval subject to conditions.

AI-assisted research summary: Use the World Geodetic System-1984 as the horizontal reference system for air navigation; reported aeronautical coordinates (latitude and longitude) must be expressed in terms of the World Geodetic System-1984 datum.

AI-assisted research summary: Mean Sea Level datum shall be used as the vertical reference system for air navigation.

AI-assisted research summary: The Gregorian calendar and Coordinated Universal Time must be used as the temporal reference system for air navigation; if a different temporal reference system is used, it must be indicated in Part 1, Section 2.1.2 of the Aeronautical Information Publication.

AI-assisted research summary: Air traffic services providers must ensure controllers speak and understand the radiotelephony languages specified in the Civil Aviation (Personnel Licensing) Regulations, 2018; English must be used between air traffic control units unless they agree otherwise.

AI-assisted research summary: A person who wishes to provide Air Traffic services must have an Air Navigation Services Provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services) Regulations.

AI-assisted research summary: Air traffic services authorities must develop and promulgate contingency plans for disruption of air traffic services.

AI-assisted research summary: The Authority must assign and promulgate identification, full details and a delineation for all prohibited, restricted or danger areas when they are initially established.

AI-assisted research summary: The Authority must ensure that an instrument flight procedure design service is in place in accordance with the Sixth Schedule.

AI-assisted research summary: The Authority must determine the portions of airspace and aerodromes where air traffic services are provided, may delegate provision to another State by agreement, must arrange provision where Kenya has accepted responsibility, and must designate the Air Navigation Services Provider when services are to be provided.

AI-assisted research summary: Prevent collisions between aircrafts.

AI-assisted research summary: Divisions of the air traffic services; Section area control service

AI-assisted research summary: Lists factors used to determine the need for air traffic services (type of air traffic; density; meteorological conditions; other relevant factors) and states that a requirement for aircraft to carry ACAS while flying in a given area shall not be considered a factor in that determination.

AI-assisted research summary: The Authority may designate portions of the airspace as special use airspace in the interest of safety, national security or other public interest reasons; the Authority must publish designations in aeronautical publications.

AI-assisted research summary: Applies the air traffic control service to IFR flights in airspace Classes A, B, C, D and E.

AI-assisted research summary: Section 44: Provision of air traffic control service by an area control centre.

AI-assisted research summary: Section 45 sets out operation-related rules for air traffic control services, including information display, separation methods, conditions for clearing flights (including special VFR and clearance without separation when prescribed), application of regional monitoring programmes and performance monitoring for RCP/RSP specifications.

AI-assisted research summary: Section 46 concerns separation minima.

AI-assisted research summary: A controlled flight must be under the control of only one air traffic control unit at any given time; responsibility for control within a block of airspace is vested in a single air traffic control unit; control may be delegated to other units provided coordination is assured.

AI-assisted research summary: Responsibility for control of an aircraft must be transferred from one air traffic control unit to another following the Ninth Schedule principles.

AI-assisted research summary: An air traffic control unit must not transfer responsibility for control of an aircraft to another unit without that accepting unit's consent.

AI-assisted research summary: Air traffic control clearances shall be based solely on the requirements for providing air traffic control service.

AI-assisted research summary: Lists the specific elements that an air traffic control clearance must contain, including aircraft identification, clearance limit, route, flight levels and any necessary additional instructions or information.

AI-assisted research summary: Air traffic control clearances for the transonic phases of supersonic flights must cover the specified portions of those phases.

AI-assisted research summary: Flight crew must read back safety-related voice-transmitted ATC clearances and instructions; the controller must listen to read-backs and correct any discrepancies.

AI-assisted research summary: Clearances must be coordinated between air traffic control units to cover an aircraft's entire route or a specified portion; when prior coordination is not achieved the aircraft may be cleared only to a point where coordination is reasonably assured and must obtain further clearance; aircraft must contact downstream units and maintain two-way communication as required.

AI-assisted research summary: Air traffic flow management must be implemented where demand exceeds or is expected to exceed declared air traffic control capacity; ATC units must advise ATFM units and relevant ATS units when traffic cannot be accommodated, and flight crews and operators must be advised of expected delays or restrictions.

AI-assisted research summary: Rules for controlling movements of persons and vehicles on an aerodrome maneuvering area, including who must control movements, restrictions on presence, yielding rules, tower instruction compliance, and a duty for Air Traffic Services providers to establish runway safety programmes.

AI-assisted research summary: Radar and ADS-B ground systems must provide displays of safety-related alerts and warnings (e.g., conflict alert, conflict prediction, minimum safe altitude warning and unintentionally duplicated SSR codes).

AI-assisted research summary: Use surface movement radar to monitor the movement of aircraft and vehicles on the maneuvering area.

AI-assisted research summary: If air traffic services units provide both services, air traffic control service takes precedence over flight information service when air traffic control requires it.

AI-assisted research summary: Section 60 lists the scope of flight information service (types of information to be provided) and requires Air Traffic Services units to transmit special air-reports as soon as practicable to other aircraft, the meteorological office, and other ATS units; it also requires flight information service to provide additional traffic and weather information to VFR flights.

AI-assisted research summary: The appropriate Air Traffic Services unit must transmit applicable operational flight information service messages when requested by the pilot.

AI-assisted research summary: High Frequency operational flight information service messages must be prepared and disseminated by the most appropriate unit(s) as designated by the Authority; broadcasts are to be provided when regional operational flight air navigation agreements determine a requirement exists.

AI-assisted research summary: Very High Frequency operational flight information service broadcasts shall be provided; the VHF operational flight information service message shall be prepared and disseminated by the most appropriate unit as designated by the Authority.

AI-assisted research summary: Voice-automatic terminal information service (Voice-ATIS) broadcasts must be provided at aerodromes to reduce VHF air-ground communication load, use discrete VHF frequencies when practicable, not use ILS voice channels, be continuous and repetitive, be shared promptly with the relevant Air Traffic Services unit if not prepared by that unit, be available in English for international services, use discrete channels per language, and the broadcast should, when practicable, not exceed thirty seconds.

AI-assisted research summary: When a Data link‑automatic terminal information service supplements an existing Voice‑automatic terminal information service, the information must be identical in both content and format to the applicable Voice‑automatic terminal information broadcast.

AI-assisted research summary: Automatic terminal information service messages must be prepared and disseminated by air traffic services; aircraft must acknowledge receipt; the appropriate Air Traffic Services unit must provide current altimeter settings as specified; meteorological information sources and update rules apply.

AI-assisted research summary: Automatic terminal information service for arriving and departing aircraft.

AI-assisted research summary: Automatic terminal information service for arriving aircraft; section name of aerodrome.

AI-assisted research summary: Section 69: Automatic terminal information service for departing aircraft.

AI-assisted research summary: VOLMET broadcasts or D-VOLMET service shall be provided when it has been determined by regional air navigation agreements that a requirement exists.

AI-assisted research summary: An aggrieved person may appeal to the Tribunal against a decision of the Authority within twenty one days of the decision.

AI-assisted research summary: A person who contravenes these Regulations is liable on conviction to a fine of up to one million shillings or imprisonment for up to six months or both; an act or omission not avoidable by reasonable care is not a contravention.

AI-assisted research summary: Transitional rules: existing licences and similar documents issued before these Regulations continue to operate as if issued under the Regulations until they expire, are varied, or cancelled by the Authority; persons already carrying out regulated acts at commencement must, within one year from commencement (or longer if the Cabinet Secretary prescribes by Gazette notice), comply with the Regulations or stop those activities.

AI-assisted research summary: The Authority may suspend or revoke licences or related certificates, approvals, authorisations, exemptions or other documents for contraventions of regulations.

AI-assisted research summary: Flight information centres and area control centres must collect information about aircraft emergencies in the Nairobi flight information region and forward it to the rescue coordination centre; aerodrome control towers or approach control units must notify those centres immediately when an on‑board emergency arises, except when notification would be unnecessary; where urgent, aerodrome towers or approach units must first alert and set in motion local rescue and emergency organisations.

AI-assisted research summary: When certain communication, arrival, fuel, performance or unlawful-interference conditions occur, information must be notified to rescue coordination centres, and an air traffic services unit must seek missing information specified in subregulation (2) before declaring a distress phase if it is reasonably certain that the distress phase will eventuate.

AI-assisted research summary: Air traffic services units must use all available communication facilities to establish and maintain communication with an aircraft in a state of emergency and to request news of the aircraft.

AI-assisted research summary: When a state of emergency is considered to exist, the flight of the aircraft involved must be plotted on a chart to determine its probable future position and maximum range; flights of other nearby aircraft must also be plotted to determine their probable future positions and endurance.

AI-assisted research summary: Area control or flight information centres must, when practicable, advise the operator before notifying the rescue coordination centre if an aircraft is in the uncertainty or alert phase, and must, whenever practicable, communicate without delay to the operator any information they notify to the rescue coordination centre.

AI-assisted research summary: When an air traffic services unit has established that an aircraft is in a state of emergency, other aircraft known to be in the vicinity must be informed of the nature of the emergency as soon as practicable.

AI-assisted research summary: Air Traffic Services units must have communication equipment that meets prescribed Required Communication Performance specifications for performance-based communication.

AI-assisted research summary: States the general application of the Aeronautical fixed service for ground-to-ground communications.

AI-assisted research summary: Approach control units and aerodrome control towers must have communications facilities with specified associated units (including reporting offices when separately established).

AI-assisted research summary: Lists the units with which an air traffic services unit must communicate and states that required communication facilities shall include provisions for rapid and reliable communications between the ATS unit and military interception-control units.

AI-assisted research summary: Air Traffic Service units must provide automatic recording facilities where automatic transfer of data to or from air traffic services computers is required.

AI-assisted research summary: Flight information centres and area control centres must have communications facilities with adjacent centres; those facilities must support recordable messages, direct speech and data link communications (with automatic recording where required), and recordings must be retained at least thirty days.

AI-assisted research summary: Procedures shall be developed to allow immediate direct-speech connections for very urgent safety-of-aircraft calls and to permit interruption of less urgent calls if necessary.

AI-assisted research summary: Air Traffic Services must provide aerodrome control with two-way radiotelephony for controlling vehicles on the manoeuvring area, provide separate channels where warranted, provide automatic recording on those channels, and retain recordings for at least thirty days.

AI-assisted research summary: Requires that recording equipment, surveillance data and other aeronautical data be recorded and stored for use in investigations, search and rescue, ATM evaluation and training, and that stored aeronautical data and automatic surveillance recordings be retained for at least thirty days, with investigation‑relevant records retained longer until no longer required.

AI-assisted research summary: Air traffic services units must be supplied with up-to-date general and detailed meteorological information in forms and frequencies that meet their needs; content, format and transmission of computer-processed upper air data in digital form must be agreed between the Meteorological Department and the appropriate air traffic services Authority.

AI-assisted research summary: Flight information centres and area control centres are to receive specified meteorological information and current pressure data for altimeter settings.

AI-assisted research summary: Units providing approach control service must receive specified meteorological information and be equipped with and provided displays and sensor-linked data (pressure, surface wind, runway visual range, cloud-base height, wind shear) as required.

AI-assisted research summary: Sets requirements for meteorological service providers and aerodrome control towers to exchange and display specified meteorological information at aerodromes.

AI-assisted research summary: Current meteorological reports and forecasts shall be supplied to communication stations for flight information purposes and a copy to stations.

AI-assisted research summary: Aerodrome control towers and units providing approach control service must be kept informed of operationally significant movement area conditions and of the operational status of associated aerodrome facilities.

AI-assisted research summary: Air Traffic Services units must be kept informed about the operational status of radio navigation services and visual aids necessary for take-off, departure, approach, landing and surface movement.

AI-assisted research summary: Operators of unmanned free balloons must keep appropriate air traffic services units informed of details of flights of unmanned free balloons in accordance with the Civil Aviation (Rules of the Air) Regulations 2018.

AI-assisted research summary: Air Traffic Services units must be informed of pre-eruption volcanic activity, eruptions, and ash clouds that could affect airspace in their area; area control centres and flight information centres must be provided with volcanic ash advisory information from the associated Volcanic Ash Advisory Centres.

AI-assisted research summary: Air Traffic Services units must be informed of releases into the atmosphere of radioactive materials or toxic chemicals that could affect airspace used by flights within their area of responsibility.

AI-assisted research summary: A person may apply to the Authority for an exemption; applications must include specified information, emergency applications must include supporting facts and reasons, the Authority may refuse unsatisfactory emergency applications, and applications must be accompanied by the fee prescribed by the Authority.

AI-assisted research summary: If application requirements are not fully met, the Authority must write to the applicant to comply before publication or before making a decision under regulation 96(3).

AI-assisted research summary: The Authority evaluates exemption requests; it must notify applicants in writing 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. Summaries must specify duration and any conditions; emergency requests are published after processing, and summaries affecting a significant aviation population must be published in an aeronautical information circular.