Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017
These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 259 of 2017
- Version
- Undated source snapshot
- Language
- en
Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017. Interpretation provision text: "Section being in the aircraft; or" These Regulations apply to any person who imports, tests, operates, procures, assembles, manufactures or maintains a remotely piloted aircraft system registered in Kenya wherever they may be and to any other such aircraft operating in Kenya. Owners or operators of remote piloted aircraft systems must ensure components are working and follow the manufacturers' user manual; the Authority may require certain systems with a type certificate to obtain a certificate of airworthiness. RPAS (remote piloted aircraft systems) are to be classified and categorized by weight and use into categories A, B, C and Classes 1–3.
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Provisions of Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017
Showing 58 of 58
Part I
PRELIMINARY
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PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017.
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Interpretation provision text: "Section being in the aircraft; or"
Section 2. Interpretation Section being in the aircraft; or - 3
PRELIMINARY - 3. Application
AI-assisted research summary: These Regulations apply to any person who imports, tests, operates, procures, assembles, manufactures or maintains a remotely piloted aircraft system registered in Kenya wherever they may be and to any other such aircraft operating in Kenya.
Section 3. Application Section 3(1) These Regulations shall apply to any person who imports, tests, operates, procures, assembles, manufactures or maintains a remotely piloted aircraft system registered in Kenya wherever they may be and any other such aircraft operating in Kenya. Section 3(2)(a) State aircraft; Section 3(2)(b) unmanned free balloons or airships; Section 3(2)(c) operation of toys:
Part II
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS)
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CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 10. Airworthiness of remote piloted aircraft system
AI-assisted research summary: Owners or operators of remote piloted aircraft systems must ensure components are working and follow the manufacturers' user manual; the Authority may require certain systems with a type certificate to obtain a certificate of airworthiness.
Section 10. Airworthiness of remote piloted aircraft system Section 10(1) A remote piloted aircraft system owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers' user manual. Section 10(2) The Authority may require a remote piloted aircraft system of a certain Class and Category with a type certificate to obtain a certificate of airworthiness. - 4
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 4. Classification of RPAS equipment
AI-assisted research summary: RPAS (remote piloted aircraft systems) are to be classified and categorized by weight and use into categories A, B, C and Classes 1–3.
Section 4. Classification of RPAS equipment Section Remote piloted aircraft systems shall be classified and categorized by weight and use as set out in the Table below: Cat A: Utilized for recreational and sports purposes onlyCat B: Utilized for private activities excluding recreational and sports purposes.Cat C: Utilized for commercial activities.Class 1:0 - 5kgs (Including any payload carried by the RPAS)1A1B1CClass 2:5 - 25kgs (Including any payload carried by the RPAS)2A2B2CClass 3:25kgs and above (Including any payload carried by the RPAS)3A3B3C - 5
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 5. Eligibility to ownership of RPAS
AI-assisted research summary: Section 5 lists who may be eligible to own an RPAS, requires notification of ownership changes in writing within seven days, and prohibits persons from owning, registering or operating RPAS with military specifications.
Section 5. Eligibility to ownership of RPAS Section 5(1)(a) a Kenyan citizen or resident in Kenya of minimum age of eighteen years; Section 5(1)(b) a company registered in Kenya; or Section 5(1)(c) the national government or a county government. Section 5(2) Change of ownership of a remote piloted aircraft system shall be notified to the Authority in writing within seven days following such change. Section 5(3) A person shall not own, register or operate remote piloted aircraft system with military specifications. - 6
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 6. Import and export of RPAS
AI-assisted research summary: Imports of RPAS (or components) are prohibited without an Authority permit; the Authority must obtain security clearances before issuing permits; exporters must notify and obtain deregistration; contraventions are offences with fines or imprisonment; the Authority may confiscate imported RPAS of contravening persons.
Section 6. Import and export of RPAS Section 6(1) A person shall not import a remote piloted aircraft system or a component thereof without a permit issued by the Authority. Section 6(2) Before issuing a permit referred to under paragraph (1) above, the Authority shall seek and obtain the necessary security clearance by the relevant security agencies and approval by the Ministry for the time being responsible for matters relating to defence. Section 6(3) A person who intends to export a Kenyan registered remote piloted aircraft system shall notify the Authority in writing and obtain a deregistration certificate. Section 6(4) Any person who contravenes the provisions of this regulation commits an offence and shall be liable, upon conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. Section 6(5) Notwithstanding the provisions of paragraph (4) , the Authority may confiscate any imported remote piloted aircraft system or a component thereof belonging to a person who contravenes the provisions of this regulation. - 7
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 7. Manufacture, assembly and testing
AI-assisted research summary: Persons must apply to the Authority for authorization before manufacturing, assembling or testing an RPAS or its component; this requires necessary security clearance. Contravention is an offence punishable by a fine not exceeding two million shillings or imprisonment for a term not exceeding six months, or both.
Section 7. Manufacture, assembly and testing Section 7(1) Any person intending to manufacture, assemble or test a remotely piloted aircraft system or a component thereof shall apply for authorization from the Authority subject to necessary security clearance by relevant security agencies. Section 7(2) Any person who contravenes the provisions of paragraph (1) commits an offence and shall be liable, upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. - 8
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 8. Registration of remote piloted aircraft system
AI-assisted research summary: Operators or owners must register their remote piloted aircraft systems with the Authority; the Authority must obtain security clearance and Ministry approval before registration and must establish and implement a system for registration, identification and display. Contravention of registration and modification rules is an offence punishable by a fine up to two million shillings or imprisonment up to six months, or both.
Section 8. Registration of remote piloted aircraft system Section 8(1) An operator or owner of a remote piloted aircraft system shall register that remote piloted aircraft system with the Authority. Section 8(2) Before registering the remote piloted aircraft system referred to under paragraph (1) above, the Authority shall seek and obtain the necessary security clearance by the relevant security agencies and approval by the Ministry for the time being responsible for matters relating to defence. Section 8(3) The Authority shall establish and implement a system for registration, identification of remote piloted aircraft system in Kenya and the display thereof. Section 8(4) Any modification to the specifications of registered remote piloted aircraft system shall be subject to approval by the Authority. Section 8(5) Any person who contravenes the provisions of paragraphs (1) and (4) above commits an offence and shall be liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. - 9
CLASSIFICATION AND REGISTRATION OF REMOTE PILOTED AIRCRAFT (RPAS) - 9. De-registration of remote piloted aircraft system
AI-assisted research summary: A remote piloted aircraft system owner may apply for de-registration to register the aircraft in another State.
Section 9. De-registration of remote piloted aircraft system Section 9(1)(a) upon application of the remote piloted aircraft system owner for purposes of registering the remote piloted aircraft system in another State; or Section 9(1)(b) upon destruction of the remote piloted aircraft system or its permanent withdrawal from use; or Section 9(1)(c) in the interest of national security.
Part III
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM
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OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 11. General obligation of a remote piloted aircraft system owner or operator
AI-assisted research summary: Remote piloted aircraft system owners or operators must ensure safe operations, comply with Authority requirements, control operations, register their aircraft and provide the documents listed in Section 11(2); documents in another language must include an English translation; failure to comply with paragraph (1)(b) or (2) is an offence punishable by a fine up to one million shillings or imprisonment up to six months, or both.
Section 11. General obligation of a remote piloted aircraft system owner or operator Section 11(1)(a) be responsible for the safe conduct of its operations; Section 11(1)(b) comply with all requirements established by the Authority regarding its operation; Section 11(1)(c) be responsible for contracted services from providers including communications service providers, as necessary, to carry out its operations; Section 11(1)(d) responsible for operational control of the aircraft; and Section 11(1)(e) ensure that it is registered in accordance with the provisions of these Regulations. Section 11(2)(a) name and contact information of the operator; Section 11(2)(b) remote piloted aircraft system characteristics (type of aircraft, maximum certificated take-off mass, number of engines and wing span); Section 11(2)(c) copy of certificate of registration; Section 11(2)(d) aircraft identification to be used in radiotelephony, if applicable; Section 11(2)(e) copy of the certificate of airworthiness; Section 11(2)(f) copy of the remote piloted aircraft system operator certificate; Section 11(2)(g) copy of the remote pilot(s) licence; Section 11(2)(h) copy of the aircraft radio station licence, if applicable; Section 11(2)(i) description of the intended operation, to include type of operation or purpose), flight rules, visual line-of-sight (V1oS) operation if applicable, date of intended flight(s), point of departure, destination, cruising speed(s), cruising level(s), route to be followed, duration or frequency of flight; Section 11(2)(j) take-off and landing requirements; Section 11(2)(k) operating speeds; Section 11(2)(k)(i) operating speeds; Section 11(2)(k)(ii) typical and maximum climb rates; Section 11(2)(k)(iii) typical and maximum descent rates; Section 11(2)(k)(iv) typical and maximum turn rates; Section 11(2)(k)(v) other relevant performance data including limitations regarding wind, icing and precipitation; and Section 11(2)(k)(vi) maximum aircraft endurance; Section 11(2)(l) communications, navigation and surveillance capabilities; Section 11(2)(m) ATC communications, including any alternate means of communication; Section 11(2)(m)(i) ATC communications, including any alternate means of communication; Section 11(2)(m)(ii) command and control links (C2) including performance parameters and designated operational coverage area; Section 11(2)(m)(iii) communications between remote pilot and Remote Piloted Aircraft (RPA); Section 11(2)(m)(iv) Remote Piloted Aircraft observer, if applicable; Section 11(2)(m)(v) navigation equipment; and Section 11(2)(m)(vi) surveillance equipment, including SSR transponder and Automatic Dependent Surveillance—Broadcast (ADS-B); Section 11(2)(n) detect and avoid capabilities; Section 11(2)(o) communications failure with Air Traffic Control (ATC); Section 11(2)(o)(i) communications failure with Air Traffic Control (ATC); Section 11(2)(o)(ii) C2 failure; Section 11(2)(o)(iii) remote pilot or remote piloted aircraft observer communications failure, if applicable; Section 11(2)(o)(iv) number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable; Section 11(2)(o)(v) document attesting noise certification, if applicable; Section 11(2)(o)(vi) confirmation of compliance with the Civil Aviation (Security) Regulations; Section 11(2)(o)(vii) payload information or description; and Section 11(2)(o)(viii) proof of adequate insurance coverage. Section 11(3) Where documents identified in paragraph (2) above are issued in a language other than English, the remote piloted aircraft system operator shall ensure that an English translation is included. Section 11(4) A remote piloted aircraft system shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate. Section 11(5) Any person who contravenes the provisions of paragraphs (1)(b) or (2) of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both.Referenced legislation
- Civil Aviation (Security) Regulations (unresolved)
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OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 12. Authorization of remote piloted aircraft system operations
AI-assisted research summary: A person must not operate a remote piloted aircraft system in Kenya without authorization from the Authority; the Authority may grant temporary permits for foreign-registered systems for thirty (30) days, renewable once, and different authorizations apply for recreational, private and commercial uses.
Section 12. Authorization of remote piloted aircraft system operations Section 12(1) A person shall not operate a remote piloted aircraft system in Kenya without authorization from the Authority. Section 12(2)(a) recreation and sports which shall be through registered clubs established in accordance with the provisions of Part IV of these Regulations; Section 12(2)(b) private use with authorization granted to the operator directly by the Authority in accordance with the provisions of Part V of these Regulations; Section 12(2)(c) commercial use where authorization shall be issued in accordance with the provisions of Part VI of these Regulations. Section 12(3) The Authority may grant, upon application, a temporary permit to a person intending to operate a remote piloted aircraft system not registered in Kenya for a period of thirty (30) days renewable once. Section 12(4) An application referred to under paragraph (3) of this regulation shall be submitted to the Authority online and processed within fourteen (14) days upon receipt. - 13
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 13. Prohibited operation of remote piloted aircraft system
AI-assisted research summary: Individuals must not operate remote piloted aircraft systems negligently or recklessly, or in ways that endanger others or enter prohibited/restricted/strategic areas except as allowed by published conditions or Authority permission; contravention is an offence punishable by a fine up to one million shillings or imprisonment up to six months, or both.
Section 13. Prohibited operation of remote piloted aircraft system Section 13(1) A person shall not operate a remote piloted aircraft system in a negligent or reckless manner. Section 13(2)(a) in the cause of operation, endangers other aircraft, persons or property; Section 13(2)(b) operates in or around a prohibited or a restricted area, the particulars of which have been duly published in the Kenya Aeronautical Information Publication (AIP), except in accordance with the conditions of the restrictions or by permission granted by the Authority; or Section 13(2)(c) operates in or around strategic installations, radar sites, high tension cables and communication masts, prisons, police stations, courts of law, scenes of crime, except in accordance with the conditions of the restrictions or by permission granted by the Authority. Section 13(3) Any person who contravenes the provisions of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both.Referenced legislation
- Kenya Aeronautical Information Publication (AIP), (unresolved)
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OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 14. Carriage of dangerous goods
AI-assisted research summary: A person must not take onto, cause to be taken onto, deliver or cause to be delivered for loading on a remote piloted aircraft system any goods that they know or have reasonable cause to know are dangerous goods.
Section 14. Carriage of dangerous goods Section 14(1) A person shall not take on board or cause to be taken on board a remote piloted aircraft system or deliver or cause to be delivered for loading thereon any goods which that person knows or has reasonable cause to know to be dangerous goods. Section 14(2)(a) chemical and biological substances; Section 14(2)(b) nuclear material; Section 14(2)(c) explosives; Section 14(2)(d) arms, ammunition and munitions of war; Section 14(2)(e) corrosive substances; Section 14(2)(f) radioactive elements; Section 14(2)(g) volatile liquids; Section 14(2)(h) highly flammable liquids; Section 14(2)(i) aerosol sprays; Section 14(2)(j) any such materials or substances that may from time to time be so classified by the Authority as dangerous goods. - 15
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 15. Remote piloted aircraft system operating limitations
AI-assisted research summary: The Authority may approve higher heights and lateral distances for private and commercial remote piloted aircraft operations despite the limitation in paragraph (1)(b).
Section 15. Remote piloted aircraft system operating limitations Section 15(1)(a) at above 400 feet Above Ground Level (AGL) and within 50 meters of any person, vessel, vehicle or structure which is not under the control of the person in charge of the remote piloted aircraft system; Section 15(1)(b) in conditions other than Visual Meteorological Conditions (VMC); Section 15(1)(c) at night, unless specifically cleared by the Authority on a case by case basis; Section 15(1)(d) fitted with cameras or imaging devices at heights or lateral distances where such cameras or imaging devices capture information, pictures or videos extending beyond the prescribed area of approved operation. Section 15(2) Notwithstanding the provisions of paragraph (1)(b) above, operations for private and commercial categories of remote piloted aircraft system may be conducted at such higher heights and lateral distances as the Authority may approve. - 16
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 16. Operations in congested areas and crowds
AI-assisted research summary: A person must not operate a remote piloted aircraft system within 50 metres laterally of any uninvolved person, building, vehicle, vessel or animal unless authorized by the Authority.
Section 16. Operations in congested areas and crowds Section 16(1) A person shall not operate a remote piloted aircraft system at lateral distance of less than 50 metres from any person, building structure, vehicle, vessel or animal not associated with the operations of remote piloted aircraft system unless authorized by the Authority. Section 16(2) Subject to paragraph (1) above, vertical limits shall be no less above ground level than 100 feet except when prescribed by the Authority. - 17
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 17. Collision avoidance
AI-assisted research summary: Remote piloted aircraft in controlled airspace must follow the Civil Aviation (Rules of the Air) Regulations; remote pilots must keep visual awareness and avoid other aircraft and vehicles, yielding right-of-way; no person may operate a remote piloted aircraft so close as to create a collision hazard.
Section 17. Collision avoidance Section 17(1) All remote piloted aircraft systems in controlled airspace shall operate in accordance with the Civil Aviation (Rules of the Air) Regulations and a remote pilot shall maintain awareness so as to see and avoid other aircraft and vehicles and shall yield the right-of-way to all aircrafts and vehicles. Section 17(2) For the purposes of paragraph (1) , "yielding the right-of-way" means that the remote piloted aircraft shall give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear. Section 17(3) No person shall operate a remote piloted aircraft system so close to another aircraft as to create a collision hazard.Referenced legislation
- Civil Aviation (Rules of the Air) Regulations (unresolved)
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OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 18. Certifications of remote piloted aircraft system pilot or instructors
AI-assisted research summary: Remote piloted aircraft system pilots or instructors for commercial operations must be certified by the Authority in accordance with the First Schedule to these Regulations.
Section 18. Certifications of remote piloted aircraft system pilot or instructors Section Remote piloted aircraft system pilots or instructors for commercial operations shall be certified by the Authority in accordance with the requirements specified in the First Schedule to these Regulations. - 19
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 19. Reporting of remote piloted aircraft system incidents and accidents
AI-assisted research summary: Remote piloted aircraft system operators must report all incidents and accidents involving the system to the Authority under the Civil Aviation (Safety Management) Regulations.
Section 19. Reporting of remote piloted aircraft system incidents and accidents Section Remote piloted aircraft system operator shall ensure that all incidents and accidents involving such a system are reported to the Authority in accordance with the provisions of the Civil Aviation (Safety Management) Regulations.Referenced legislation
- Civil Aviation (Safety Management) Regulations (unresolved)
- 20
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 20. International remote piloted aircraft system operations
AI-assisted research summary: Remote piloted aircraft system operations that commence inside Kenya and terminate outside, or commence outside and terminate inside or over-fly Kenyan airspace, without the required authorization are described.
Section 20. International remote piloted aircraft system operations Section 20(1)(a) commencing at a place within Kenya and terminating at a place outside without authorization from the State of destination or any other State over whose airspace the remote piloted aircraft system shall fly; or Section 20(1)(b) commencing at a place outside Kenya and terminating at a place within Kenya or over-flying the Kenyan airspace without authorization from the Authority. - 21
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 21. Cancellation, suspension or variation of authorization
AI-assisted research summary: The Authority may cancel, suspend, or vary any authorization granted under these Regulations for safety or national security, notwithstanding regulation 12.
Section 21. Cancellation, suspension or variation of authorization Section Notwithstanding the provisions of regulation 12 , the Authority may, in the interest of safety and national security, cancel, suspend or vary any authorization granted under these Regulations. - 22
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 22. Filing of flight plans
AI-assisted research summary: Remote piloted aircraft system (RPAS) flights in controlled airspace must file flight plans; RPAS flights in uncontrolled airspace operating below or within 5 kilometres of the launch area must notify the nearest ATC and follow ATC directions or orders.
Section 22. Filing of flight plans Section 22(1) All Remote piloted aircraft systems flights in controlled airspace shall file flight plans as provided for under the Aeronautical Information Publication (AIP). Section 22(2) Without prejudice to the generality of paragraph (1) above, all remote piloted aircraft systems flights in uncontrolled air space operating below or within 5 kilometres out of launch area shall notify the nearest Air Traffic Control (ATC) and shall comply with any directions or orders issued by ATC.Referenced legislation
- Aeronautical Information Publication (AIP). (unresolved)
- 23
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 23. Emergencies and contingency links
AI-assisted research summary: All remote piloted aircraft systems operators must develop and implement emergency and contingency procedures acceptable to the Authority.
Section 23. Emergencies and contingency links Section All remote piloted aircraft systems operators shall develop and implement emergency and contingency procedures acceptable to the Authority. - 24
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 24. Command and Control
AI-assisted research summary: Owners or operators of remote piloted aircraft systems must keep command or control at all times during flight and must report immediately to the Authority if they lose command or control.
Section 24. Command and Control Section 24(1) A remote piloted aircraft system owner or operator shall ensure that he or she has command or control of the remote piloted aircraft system at all times during the flight. Section 24(2) Any remote piloted aircraft system owner or operator who loses command or control of his or her remote piloted aircraft system shall report to the Authority immediately. - 25
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 25. Air Traffic Control (ATC) communication
AI-assisted research summary: Pilots must notify Air Traffic Control of operations likely to affect manned air traffic; the ANSP must set Authority‑approved integration procedures including communication and surveillance; those procedures must require information be passed to ATC before and during operations.
Section 25. Air Traffic Control (ATC) communication Section 25(1) A remote piloted aircraft system pilot shall ensure that Air Traffic Control (ATC) is made aware of any operations that shall take place in areas which are likely to affect manned and controlled air traffic. Section 25(2) The Air Navigation Service Provider (ANSP) shall establish procedures, acceptable to the Authority, for integration of remote piloted aircraft system operation into the airspace to ensure aviation safety and such procedures shall include communication and surveillance detection. Section 25(3) Procedures referred to in paragraph (2) above shall provide for required information to be passed to Air Traffic Control by remote piloted aircraft system pilot before and during remote piloted aircraft system operations. - 26
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 26. Operation in the vicinity of aerodromes
AI-assisted research summary: Operation in the vicinity of aerodromes: within ten (10) kilometres of an aerodrome from the aerodrome reference point for code C, D, E and F aerodromes.
Section 26. Operation in the vicinity of aerodromes Section within ten (10) kilometres of an aerodrome from the aerodrome reference point for code C, D, E and F aerodromes; - 27
OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 27. Operations at an aerodrome
AI-assisted research summary: Section 27 imposes operating restrictions on approval for operations at an aerodrome in the interest of safety.
Section 27. Operations at an aerodrome Section impose operating restrictions on the approval in the interest of safety;
Part IV
RECREATIONAL AND SPORTS OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM
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RECREATIONAL AND SPORTS OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 28. Recreational and sports operations of RPAS
AI-assisted research summary: Recreational and sports RPAS must operate within Authority-approved registered clubs; the Authority must set club approval systems, clubs must provide operation details for approval, and the Authority must publish designated RPAS airspace via the IAIP. Club recognition lasts twelve months.
Section 28. Recreational and sports operations of RPAS Section 28(1) Remote piloted aircraft system operations for recreation and sports purposes shall be conducted within registered clubs which are approved by the Authority in accordance with the guidelines set out in the Second Schedule of these Regulations and such recognition shall be valid for twelve months. Section 28(2) The Authority shall develop a system for approval of clubs including requirements for composition, documentation and club rules and regulations. Section 28(3) The clubs provided for under paragraph (1) above shall provide the Authority with details of their operation areas and times for approval. Section 28(4) The Authority shall segregate and notify through the applicable element of the Integrated Aeronautical Information Publication (IAIP) of such airspaces designated for use by remote piloted aircraft system operators, including limitations that may apply.Referenced legislation
- Integrated Aeronautical Information Publication (IAIP) (unresolved)
- 29
RECREATIONAL AND SPORTS OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 29. Training requirements for recreational and sports operations of RPAS
AI-assisted research summary: Clubs referred to in regulation 28 must set minimum training requirements for recreational and sports RPAS operations.
Section 29. Training requirements for recreational and sports operations of RPAS Section 29(1) Clubs referred to in regulation 28 shall prescribe minimum training requirements for remote piloted aircraft system requirements for operation under the club, recreational and sports operations of RPAS. Section 29(2) Training requirements referred to in paragraph (1) above shall be documented and submitted to the Authority for acceptance.
Part IX
OFFENCES AND PENALTIES
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OFFENCES AND PENALTIES - 56. Unlawful interference of Remote Piloted Aircraft System operations
AI-assisted research summary: Anyone who unlawfully interferes with a duly authorized remote piloted aircraft system operation commits an offence and is liable on conviction to a fine not exceeding two million shillings, or imprisonment for up to six months, or both.
Section 56. Unlawful interference of Remote Piloted Aircraft System operations Section Any person who unlawfully interferes with duly authorized operation of remote piloted aircraft system commits an offence and shall be liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding six months, or to both. [L.N. 289/2017, r. 2.] - 57
OFFENCES AND PENALTIES - 57. Non-compliance
AI-assisted research summary: Operators or persons who breach the Regulations or fail to comply with directions commit an offence and are liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding six months, or both.
Section 57. Non-compliance Section 57(1) Any remote piloted aircraft system operator who contravenes the provisions of these Regulations and whose penalty has not been specified in these Regulations commits an offence and shall be liable upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both. Section 57(2) Any person who fails to comply with any direction given pursuant to these Regulations by the Authority or by any authorized person under any provision of these Regulations commits an offence and shall be liable upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months, or to both. Section 57(3)(a) revoke, cancel, and suspend, any license, certificate, approval, authorization and or exemptions issued under these Regulations of any person who contravenes any provisions of these Regulations; or Section 57(3)(b) confiscate any remote piloted aircraft system or a component thereof belonging to a person who contravenes the provisions of these Regulations.
Part V
PRIVATE OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM
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PRIVATE OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 30. Private operations of RPAS
AI-assisted research summary: A person must not operate a remote piloted aircraft system for private purposes unless they have prior authorization from the Authority and comply with its conditions.
Section 30. Private operations of RPAS Section A person shall not operate remote piloted aircraft system for private purposes except with prior authorization issued by the Authority and subject to the conditions contained therein. - 31
PRIVATE OPERATION OF REMOTE PILOTED AIRCRAFT SYSTEM - 31. Training requirements for private operations of RPAS
AI-assisted research summary: A remote piloted aircraft system pilot for private operation must be trained according to the First Schedule to these Regulations.
Section 31. Training requirements for private operations of RPAS Section A remote piloted aircraft system pilot for private operation shall be trained in accordance with training requirements set out in the First Schedule to these Regulations.
Part VI
COMMERCIAL OPERATION OF RPAS
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COMMERCIAL OPERATION OF RPAS - 32. Remote Piloted Aircraft Operator's Certificate (ROC) compliance
AI-assisted research summary: Commercial operators may not conduct remote piloted aircraft system operations unless they hold a valid Remote Piloted Aircraft Operator's Certificate (ROC); the ROC authorizes operations subject to its operations specifications; operators must demonstrate adequate organisational, training, and maintenance arrangements for issuance and must implement an SMS.
Section 32. Remote Piloted Aircraft Operator's Certificate (ROC) compliance Section 32(1) An operator shall not engage in commercial remote piloted aircraft system operations unless that operator holds a valid Remote Piloted Aircraft Operator's Certificate (ROC) issued by the Authority. Section 32(2) The Remote Piloted Aircraft Operator's Certificate (ROC) referred to in paragraph (1) above shall authorize the operator to conduct remote piloted aircraft system operations in accordance with the conditions and limitations detailed in the operations specifications attached to that certificate. Section 32(3) The issuance of the Remote Piloted Aircraft Operator's Certificate (ROC) by the Authority shall be dependent upon the remote piloted aircraft system operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization. Section 32(4) A commercial remote piloted aircraft system operator shall establish and implement a Safety Management System (SMS) in accordance with their operational requirements established under the Act or any other Regulations made thereunder. - 33
COMMERCIAL OPERATION OF RPAS - 33. Application for Remote Piloted Aircraft Operator's Certificate (ROC)
AI-assisted research summary: Operators applying for a Remote Piloted Aircraft Operator's Certificate (ROC) must submit an application in the form and manner the Authority prescribes and include any other information the Authority may require; applicants for an initial issue or re-issue must apply at least sixty days before the intended operation.
Section 33. Application for Remote Piloted Aircraft Operator's Certificate (ROC) Section 33(1) An operator applying to the Authority for a Remote Piloted Aircraft Operator's Certificate (ROC) shall submit an application in a form and manner prescribed by the Authority and containing any other information the Authority may require. Section 33(2) An applicant shall make the application for an initial issue or re-issue of an ROC at least sixty days before the date of the intended operation. - 34
COMMERCIAL OPERATION OF RPAS - 34. Issuance of ROC
AI-assisted research summary: Section 34 lists the conditions that must be met for issuance of a Remote Piloted Aircraft Operator's Certificate (ROC), including ownership requirements, applicable regulations and standards for the holder, adequate qualification and staffing for safe commercial operations, and an approved aircraft operator security programme.
Section 34. Issuance of ROC Section 34(1)(a) meets the requirements of ownership stipulated under regulation 5 ; Section 34(1)(b) meets the applicable regulations and standards for the holder of a Remote Piloted Aircraft Operator's Certificate (ROC); Section 34(1)(c) is properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of the remote piloted aircraft system; and Section 34(1)(d) has an approved aircraft operator security programme in accordance with the Civil Aviation (Security) Regulations, and meets any other requirements as specified by the Authority.Referenced legislation
- Civil Aviation (Security) Regulations (unresolved)
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COMMERCIAL OPERATION OF RPAS - 35. Validity and renewal of a Remote Piloted Aircraft Operator's Certificate (ROC)
AI-assisted research summary: Section 35 lists conditions for the validity and renewal of a Remote Piloted Aircraft Operator's Certificate (ROC): the Authority may specify a shorter period or amend, suspend, revoke or terminate the certificate; the holder must surrender the certificate or notify the Authority of suspension of operations; suspended or revoked ROCs shall be returned to the Authority; an applicant for an expired ROC must make an initial application.
Section 35. Validity and renewal of a Remote Piloted Aircraft Operator's Certificate (ROC) Section 35(1)(a) a shorter period is specified by the Authority; Section 35(1)(b) the Authority amends, suspends, revokes or otherwise terminates the certificate; Section 35(1)(c) the holder surrenders it to the Authority; or Section 35(1)(d) the holder notifies the Authority of the suspension of operations. Section 35(2) A Remote Piloted Aircraft Operator's Certificate (ROC) which is suspended or revoked shall be returned to the Authority. Section 35(3) An applicant for a Remote Piloted Aircraft Operator's Certificate (ROC) which has expired shall make an initial application. - 36
COMMERCIAL OPERATION OF RPAS - 36. Amendments of ROC
AI-assisted research summary: The Authority may amend a Remote Piloted Aircraft Operator's Certificate when it determines the amendment is necessary for safety, when the certificate holder applies and the Authority determines necessity, or when the amendment is in the interest of national security; the certificate holder must operate according to any amendment unless it is subsequently withdrawn.
Section 36. Amendments of ROC Section 36(1)(a) the Authority determines that the amendment is necessary for the safety of commercial remote piloted aircraft system operations; Section 36(1)(b) the Remote Piloted Aircraft Operator's Certificate holder applies for an amendment and the authority determines that the amendment is necessary; or Section 36(1)(c) the amendment is in the interest of national security. Section 36(2) The Remote Piloted Aircraft Operator Certificate holder shall operate in accordance with the amendment unless it is subsequently withdrawn. - 37
COMMERCIAL OPERATION OF RPAS - 37. Conducting surveillance, tests and inspections
AI-assisted research summary: The Authority must conduct surveillance, inspections and tests of the Remote Piloted Aircraft Operator Certificate holder to ensure they remain eligible to hold the certificate and associated approvals.
Section 37. Conducting surveillance, tests and inspections Section The Authority shall conduct surveillance, inspections and tests on the Remote Piloted Aircraft Operator Certificate holder to ensure continued eligibility to hold that certificate and associated approvals. - 38
COMMERCIAL OPERATION OF RPAS - 38. Personnel required for RPAS commercial operations
AI-assisted research summary: Operators must appoint an accountable manager acceptable to the Authority; the accountable manager must ensure sufficient qualified personnel; operators must establish initial and recurrent training to maintain personnel competence.
Section 38. Personnel required for RPAS commercial operations Section 38(1) Remote piloted aircraft system operator shall have an accountable manager acceptable to the Authority, with corporate authority for ensuring that all necessary resources are available to support Piloted Aircraft Operator Certificate holder operations. Section 38(2) The accountable manager shall have sufficient qualified and competent personnel for the planned tasks and activities to be performed in accordance with the applicable requirements. Section 38(3) A remote piloted aircraft system operator shall establish initial and recurrent training to ensure continuing competence of its personnel. - 39
COMMERCIAL OPERATION OF RPAS - 39. Operations manual
AI-assisted research summary: A remote piloted aircraft system operator must develop and submit an operation manual to the Authority for approval.
Section 39. Operations manual Section A remote piloted aircraft system operator shall develop and submit to the Authority for approval an operation manual as set out in the Third Schedule to these Regulations. - 40
COMMERCIAL OPERATION OF RPAS - 40. Authorization for commercial remote piloted aircraft system operations
AI-assisted research summary: Holders of a Remote Piloted Aircraft Operator Certificate must not undertake commercial remote piloted aircraft system operations except with authorization issued by the Authority.
Section 40. Authorization for commercial remote piloted aircraft system operations Section 40(1) A Remote Piloted Aircraft Operator Certificate holder shall not undertake commercial operations of remote piloted aircraft system except with authorization issued by the Authority. Section 40(2) Authorization referred to in paragraph (1) above shall be specific to particular operations. - 41
COMMERCIAL OPERATION OF RPAS - 41. Certification of remote piloted aircraft system pilots or instructors
AI-assisted research summary: A person must not operate a remote piloted aircraft system for commercial or private purposes unless they hold a valid Remote Piloted Aircraft System pilot certificate issued by the Authority in accordance with these Regulations.
Section 41. Certification of remote piloted aircraft system pilots or instructors Section 41(1) A person shall not operate a remote piloted aircraft system for commercial or private purposes without a valid Remote Piloted Aircraft System pilot certificate issued by the Authority in accordance with these Regulations. Section 41(2)(a) be at least 18 years old; Section 41(2)(b) hold a current Class 2 medical certificate; Section 41(2)(c) demonstrate English proficiency; Section 41(2)(d) hold a radio telephony licence; Section 41(2)(e) have completed a course of training approved by the Authority; Section 41(2)(f) have passed a knowledge and skill test; Section 41(2)(g) have prove of identity; and Section 41(2)(h) have police clearance certificate. Section 41(3)(a) type rating; Section 41(3)(b) instrument rating; Section 41(3)(c) night rating; and Section 41(3)(d) instructor rating. - 42
COMMERCIAL OPERATION OF RPAS - 42. Eligibility requirements for remote piloted aircraft system pilot
AI-assisted research summary: Pilots of remote piloted aircraft systems must hold a remote pilot certificate, have the specific type rating or be supervised by a rated pilot to qualify, possess the required knowledge for the type, and hold a current Class 2 medical certificate.
Section 42. Eligibility requirements for remote piloted aircraft system pilot Section 42(1)(a) a remote pilot certificate; Section 42(1)(b) a rating for the specific remote piloted aircraft system type or is operating under the supervision of a rated remote pilot for the purpose of qualifying for the rating; Section 42(1)(c) the required knowledge for the type of remote piloted aircraft system; and Section 42(1)(d) a current Class 2 medical certificate. Section 42(2)(a) unless under the supervision of, or with the authority of, an authorized remote piloted aircraft system instructor; or Section 42(2)(a)(i) unless under the supervision of, or with the authority of, an authorized remote piloted aircraft system instructor; or Section 42(2)(a)(ii) on an international remote piloted aircraft flight; Section 42(2)(b) form part of the crew of a commercial remote piloted aircraft system flight. - 43
COMMERCIAL OPERATION OF RPAS - 43. Validity of remote piloted aircraft system pilots certificate
AI-assisted research summary: A remote piloted aircraft system pilot certificate is valid only while the holder's medical certificate is valid.
Section 43. Validity of remote piloted aircraft system pilots certificate Section The remote piloted aircraft system pilot certificate shall be valid subject to validity of the holder's medical certificate. - 44
COMMERCIAL OPERATION OF RPAS - 44. Consumption of alcohol and drugs
AI-assisted research summary: Prohibits consuming alcohol less than 8 hours prior to reporting for duty.
Section 44. Consumption of alcohol and drugs Section consume alcohol less than 8 hours prior to reporting for duty; - 45
COMMERCIAL OPERATION OF RPAS - 45. Training requirements for commercial remote piloted aircraft system operations
AI-assisted research summary: Remote piloted aircraft system pilots conducting commercial operations must be trained as set out in the First Schedule to these Regulations.
Section 45. Training requirements for commercial remote piloted aircraft system operations Section A remote piloted aircraft system pilot for commercial operations shall be trained in accordance with training requirements set out in the First Schedule to these Regulations. - 46
COMMERCIAL OPERATION OF RPAS - 46. Instrument and equipment requirements
AI-assisted research summary: Section 46: Instrument and equipment requirements for the class and category of a remote piloted aircraft system
Section 46. Instrument and equipment requirements Section the Class and Category of the remote piloted aircraft system;
Part VII
SECURITY REQUIREMENTS FOR REMOTE PILOTED AIRCRAFT SYSTEM OPERATIONS
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SECURITY REQUIREMENTS FOR REMOTE PILOTED AIRCRAFT SYSTEM OPERATIONS - 47. Security programme requirements
AI-assisted research summary: Operators must have security procedures approved by the Authority; remote piloted aircraft systems are subject to inspections; commercial camera use requires details in security applications; personnel must undergo background checks and training.
Section 47. Security programme requirements Section 47(1) A person or a club shall not operate a remote piloted aircraft system without operator security procedures developed in accordance with the provisions of the Civil Aviation (Security) Regulations and accepted by the Authority. Section 47(2)(a) specify the security measures, procedures and practices to be followed by the operator to protect pilots and facilities from acts of unlawful interference; Section 47(2)(b) at a remote pilot station; Section 47(2)(b)(i) at a remote pilot station; Section 47(2)(b)(ii) on a remote piloted aircraft system; and Section 47(2)(b)(iii) any facility under the control of the remote piloted aircraft system operations. Section 47(3) A remote piloted aircraft system shall be subject to security inspection at any time during its operations without prior notification to the operator. Section 47(4)(a) that the premises used for preparing, storing, parking including remote piloted aircraft system ground station shall be secured at all times against unauthorized access; Section 47(4)(b) for protection of critical information technology and communication systems used for operations purposes from interference that may jeopardize the security of civil aviation; Section 47(4)(c) for protection of flight documents; Section 47(4)(d) that commercial operators requesting to operate with a camera shall be required to include details of the camera usage in the application for security review and approval; Section 47(4)(e) requirements for checks and searches of specific areas and accessible compartments of the interior and exterior of remote piloted aircraft system; and Section 47(4)(f) that persons engaged in remote piloted aircraft system operations are subject to recurrent background checks and selection procedures and are adequately trained.Referenced legislation
- Civil Aviation (Security) Regulations (unresolved)
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SECURITY REQUIREMENTS FOR REMOTE PILOTED AIRCRAFT SYSTEM OPERATIONS - 48. Security obligations for remote piloted aircraft system operators
AI-assisted research summary: Remote piloted aircraft system operators must be responsible for the security of their system operations, including associated facilities, personnel and equipment.
Section 48. Security obligations for remote piloted aircraft system operators Section be responsible for the security of such system operations including associated facilities, personnel and equipment; - 49
SECURITY REQUIREMENTS FOR REMOTE PILOTED AIRCRAFT SYSTEM OPERATIONS - 49. Acts of unlawful interference against civil aviation
AI-assisted research summary: Requires response procedures for operations personnel for threats and incidents involving remote piloted aircraft system operations.
Section 49. Acts of unlawful interference against civil aviation Section have response procedures for operations personnel for threats and incidents involving remote piloted aircraft system operations; and
Part VIII
GENERAL PROVISIONS
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GENERAL PROVISIONS - 50. Record-keeping
AI-assisted research summary: Section 50 requires keeping records for specified topics; records must be stored to protect them from damage, alteration and theft; records must be current and detailed enough to show experience and qualification for commercial operations.
Section 50. Record-keeping Section 50(1)(a) operator's organization; Section 50(1)(b) safety management systems; Section 50(1)(c) personnel training and competence verification; Section 50(1)(d) documentation of all management system key processes; Section 50(1)(e) maintenance records; Section 50(1)(f) security management records. Section 50(2) Records shall be stored in a manner that ensures protection from damage, alteration and theft. Section 50(3) Records identified in this regulation shall be current and in sufficient detail to determine whether the experience and qualification requirements are met for the purpose of commercial operations. - 51
GENERAL PROVISIONS - 51. Insurance
AI-assisted research summary: Persons must not operate remote piloted aircraft systems unless a minimum third‑party insurance policy is in force; the Authority notifies the minimum sum; operators must make available authentic third‑party liability insurance certificates; the Authority may dispense with the requirement depending on class and category.
Section 51. Insurance Section 51(1) A person shall not operate, or cause to be operated or commit any other person to operate remote piloted aircraft system unless there is in force a minimum insurance policy in respect of third party risks. Section 51(2) The minimum sum of insurance in respect of any remote piloted aircraft system insured in accordance with paragraph (1) above shall be notified by the Authority. Section 51(3) An operator of remote piloted aircraft system shall make available third party liability insurance certificate(s), in the authentic form, at the location of the remote piloted aircraft system operator's operational management or other location specified by the Authority. Section 51(4) Notwithstanding the provisions of paragraph (1) above, the Authority may dispense with requirement depending on the class and category of the Remote Piloted Aircraft. - 52
GENERAL PROVISIONS - 52. Establishment Multi-Agency Committee
AI-assisted research summary: Creates a standing Remote Piloted Aircraft System Regulations Multi-Agency Committee appointed by the Cabinet Secretary responsible for civil aviation (in consultation with relevant security MDAs), requires the Committee to consist of nine members, to review policy/regulations regularly, and establishes a secretariat responsible for day-to-day coordination with the Authority.
Section 52. Establishment Multi-Agency Committee Section 52(1) There is established a standing committee to be known as the Remote Piloted Aircraft System Regulations Multi-Agency Committee (hereinafter referred to as the "Committee") appointed by the Cabinet Secretary responsible for matters relating to civil aviation in consultation with the relevant security Ministries, Departments and Agencies (MDAs) on remote piloted aircraft systems regulation. Section 52(2) The Committee shall consist of nine members and shall review remote piloted aircraft system policy, regulations and procedures on a regular basis as and when need arises. Section 52(3) There shall be a secretariat established under the Committee which shall be responsible for coordinating the day-to-day administrative requirements for the regulation of remote piloted aircraft system regulations operations with the Authority. - 53
GENERAL PROVISIONS - 53. Privacy of persons and property
AI-assisted research summary: Anyone operating a remotely piloted aircraft system fitted with cameras must operate it responsibly to respect the privacy of other persons and their property.
Section 53. Privacy of persons and property Section 53(1) Any person conducting operations using remote piloted aircraft system fitted with cameras shall operate them in a responsible way to respect the privacy of other persons and their property. Section 53(2)(a) a person without the person's consent; Section 53(2)(a)(i) a person without the person's consent; Section 53(2)(a)(ii) private real property without the consent of the owner; Section 53(2)(b) photograph or film an individual, without the individual's consent, for the purpose of publishing or otherwise publicly disseminating the photograph or film: Section 53(3)(a) scientific investigation; Section 53(3)(b) scientific research; Section 53(3)(c) mapping and evaluating the earth's surface, including terrain and surface water bodies and other features; Section 53(3)(d) investigation or evaluation of crops, livestock, or farming operations; Section 53(3)(e) investigation of forests and forest management; and Section 53(3)(f) other similar investigations of vegetation or wildlife. - 54
GENERAL PROVISIONS - 54. Discharging or dropping goods
AI-assisted research summary: A person must not cause anything to be dropped or discharged from a remote piloted aircraft in a way that creates a hazard to another aircraft, a person, or property.
Section 54. Discharging or dropping goods Section A person shall not cause a thing to be dropped or discharged from a remote piloted aircraft in a way that creates a hazard to another aircraft, a person, or property. - 55
GENERAL PROVISIONS - 55. Reports of violation
AI-assisted research summary: People who know of a regulatory violation must report it to the Authority; the Authority must decide what further investigation or enforcement is required.
Section 55. Reports of violation Section 55(1) Any person who knows of a violation under these regulations, shall report it to the Authority. Section 55(2) The Authority shall determine the nature and type of any additional investigation or enforcement action that requires to be taken.
Part X
SAVING AND TRANSITIONAL PROVISIONS
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SAVING AND TRANSITIONAL PROVISIONS - 58. Saving and transitional provisions
AI-assisted research summary: Owners of remotely piloted aircraft systems already imported into Kenya must apply to the Authority to register them within six months of the commencement date of these Regulations.
Section 58. Saving and transitional provisions Section An owner of remote piloted aircraft system already imported into Kenya at commencement of these Regulations shall apply to the Authority for registration within six months upon commencement date of these Regulations.
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Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017
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