The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020
These Regulations may be cited as the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 42 of 2020
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- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020. Section 2 provides definitions of terms used in the Regulations (for example: aircraft; accident; Aerodrome; aeronautical information product; Authority; Operator; Remote Aircraft Operators Certificate; Unmanned Aircraft System). These Regulations apply to any person who imports, exports, tests, owns, operates, procures, assembles, manufactures, modifies or maintains a UAS registered in Kenya and to similar aircraft operating in Kenya; state aircraft and unmanned free balloons or airships are excluded. The Kenya Civil Aviation Authority may de-register a UAS for specified reasons including owner application for registration in another State, destruction, permanent withdrawal, national security, violation of the Regulations by the owner or operator, or any other circumstance the Authority deems fit. The Kenya Civil Aviation Authority may, on application and under regulation 13, grant a temporary permit authorizing the holder to import a UAS registered in another country into Kenya for up to thirty (30) days, renewable once; considerations include public interest, national security and protection for Kenyan operators.
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Provisions of The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020
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Part I
PRELIMINARY
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PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020.
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Section 2 provides definitions of terms used in the Regulations (for example: aircraft; accident; Aerodrome; aeronautical information product; Authority; Operator; Remote Aircraft Operators Certificate; Unmanned Aircraft System).
Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface; "accident" means an occurrence associated with the operation of Unmanned Aerial System which takes place between the time such Unmanned Aerial System is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (a) a person is fatally or seriously injured as a result of direct contact with any part of the Unmanned Aerial System, including parts which have become detached from the Unmanned Aerial System; (b) a building, structure or animal comes into direct contract with any part of the Unmanned Aerial System including parts which have become detached from the Unmanned Aerial System; or (c) the Unmanned Aerial System sustains damage or structural failure which— (i) adversely affects the structural strength, performance or flight characteristics of the Unmanned Aerial System; and (ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, wheel, fairings, panels, landing gear doors, the aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the aerodrome); "Aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; "aeronautical information product" means Aeronautical data and aeronautical information provided either as digital data sets or as a standardized presentation in paper or electronic media. Aeronautical information products include— (a) Aeronautical Information Publication (AIP), including amendments and Supplements; (b) Aeronautical Information Circulars (AIC); (c) Aeronautical charts; (d) NOTAM; and (e) Digital data sets. Note.—Aeronautical information products are intended primarily to satisfy international requirements for the exchange of aeronautical information. Aeronautical Information Publication (AIP). A publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation. "Authority" means Kenya Civil Aviation Authority; "Beyond Visual Line-of-Sight (BVLOS) operation" means an operation in which neither the remote pilot nor RPA observer ("a trained and competent person designated by the operator who, by visual observation of the remote piloted aircraft, assists the remote pilot in the safe conduct of the flight;") (s) can maintain direct unaided visual contact with the remotely piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; "body corporate" means any legal entity registered pursuant to statutory law or established by any law in Kenya; "controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification; "Command and Control (C2) link" means the data link between the remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and the remote pilot station for the purposes of managing the flight; "Contracting State" means any State which is party to the Chicago Convention; "detect and avoid" means the capability to see, sense or detect conflicting traffic or other hazards and talce the appropriate action; "Extended Visual Line of Sight (EVLOS) operations" means operating method whereby the remote pilot in command (PIC) relies on one or more remote observers to keep the unmanned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in visual sight at all times, relaying critical flight information via radio and assisting the remote pilot in maintaining safe separation from other aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") (manned or unmanned); "image" means a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property; "imaging device" means a mechanical, digital, or electronic viewing device, still camera, camcorder, motion picture camera, or any other instrument, equipment, or format capable of recording, storing, or transmitting an image ("a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property;") ; "Operator" means a person, organization or enterprise engaged in or offering to engage in an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operation; Note. - In the context of unmanned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operation includes unmanned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system. "psychoactive substances" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, but does not include coffee and tobacco; "Remote Aircraft Operators Certificate (ROC)" means a certificate authorizing an operator to carry out specified UAS operations; "Remote Piloted Aircraft (RPA)" means an unmanned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") which is piloted from a remote pilot station; "Remotely Piloted Aircraft System (RPAS)" means a remotely piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , its associated remote pilot station(s), the required command and control links and any other components as specified in the type design; "Remote Pilot in Command (RPIC)" means the remote pilot designated by the operator as being in command and charged with the safe conduct of a flight; "Remote Pilot Station (RPS)" means the component of the remotely piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system containing the equipment used to pilot the remotely piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; "resident" means a person holding a residence permit issued under the Kenya Citizenship and Immigration Act, 2011 ( No. 12 of 2011 ); "RPA observer" means a trained and competent person designated by the operator who, by visual observation of the remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , assists the remote pilot in the safe conduct of the flight; "Safety Management System (SMS)" means systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures; "Secondary Surveillance Radar" means a surveillance radar system which uses transmitters or receivers (interrogators) and transponders; "segregated airspace" means airspace, of specified dimensions allocated for exclusive use to a specific user(s); "State aircraft" means aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") used in military, customs and police services of Kenya or of any other State or any other civil registered aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") at the time performing a state function and fully converted to offer services to heads of States, military service, customs or police or to any other State; "Surveillance" means — (a) with respect to a person, the observation of such person with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or (b) with respect to privately owned real property, the observation of such property's physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons; "type certificate" means document issued by a Contracting State ("any State which is party to the Chicago Convention;") to define the design of an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") type and to certify that this design meets the appropriate airworthiness requirements of that State; "temporary permit" means a permit authorizing the holder to import into Kenya a UAS registered in another country without first deregistration; "Unmanned Aircraft System (UAS)" means an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and its associated systems which are operated with no pilot on board; "unmanned free balloon" means non-power-driven, unmanned, lighter-than-air aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in free flight; "Visual Line-of-Sight (VLOS) operation" means an operation in which the remote pilot or RPA observer ("a trained and competent person designated by the operator who, by visual observation of the remote piloted aircraft, assists the remote pilot in the safe conduct of the flight;") maintains direct unaided visual contact with the remotely piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; and "Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima. - 3
PRELIMINARY - 3. Application
AI-assisted research summary: These Regulations apply to any person who imports, exports, tests, owns, operates, procures, assembles, manufactures, modifies or maintains a UAS registered in Kenya and to similar aircraft operating in Kenya; state aircraft and unmanned free balloons or airships are excluded.
Section 3. Application Section 3(1) These Regulations shall apply to any person who imports, exports, tests, owns, operates, procures, assembles, manufactures, modifies or maintains a UAS registered in Kenya wherever they may be and any other such aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operating in Kenya. Section 3(2)(a) State aircraft ("aircraft used in military, customs and police services of Kenya or of any other State or any other civil registered aircraft at the time performing a state function and fully converted to offer services to heads of States, military service, customs or police or to any other State;") ; or Section 3(2)(b) unmanned free balloons or airships.
Part II
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS
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CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 10. De-registration of UAS
AI-assisted research summary: The Kenya Civil Aviation Authority may de-register a UAS for specified reasons including owner application for registration in another State, destruction, permanent withdrawal, national security, violation of the Regulations by the owner or operator, or any other circumstance the Authority deems fit.
Section 10. De-registration of UAS Section 10(1)(a) upon application of the owner for purposes of registering the it in another State; Section 10(1)(b) upon its destruction; Section 10(1)(c) upon its permanent withdrawal from use; Section 10(1)(d) in the interest of national security; Section 10(1)(e) where the Authority ("Kenya Civil Aviation Authority;") determines that the owner or operator has violated these Regulations; or Section 10(1)(f) in any other circumstance that the Authority ("Kenya Civil Aviation Authority;") deems fit. - 11
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 11. Temporary permit
AI-assisted research summary: The Kenya Civil Aviation Authority may, on application and under regulation 13, grant a temporary permit authorizing the holder to import a UAS registered in another country into Kenya for up to thirty (30) days, renewable once; considerations include public interest, national security and protection for Kenyan operators.
Section 11. Temporary permit Section 11(1) The Authority ("Kenya Civil Aviation Authority;") may, upon application, and in accordance with regulation 13, grant a temporary permit ("a permit authorizing the holder to import into Kenya a UAS registered in another country without first deregistration;") to an applicant for the operation of an Unmanned Aircraft System for a period not exceeding thirty (30) days, which shall be renewable once. Section 11(2)(a) public interest and national security; and Section 11(2)(b) the need to provide reasonable protection for Kenyan operators. - 12
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 12. Airworthiness of UAS
AI-assisted research summary: UAS owners or operators must keep all components working and follow the manufacturer's user manual; the Authority must require UAS with a type certificate to obtain a Certificate of Airworthiness.
Section 12. Airworthiness of UAS Section 12(1) An Unmanned Aircraft System owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers' user manual. Section 12(2) The Authority ("Kenya Civil Aviation Authority;") shall require an Unmanned Aircraft System with a type certificate ("document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State;") to obtain a Certificate of Airworthiness. - 13
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 13. Authorization UAS operations
AI-assisted research summary: Persons must not operate an Unmanned Aircraft System in Kenya without authorization from the Kenya Civil Aviation Authority, and must not operate in a category other than that for which they are authorized.
Section 13. Authorization UAS operations Section 13(1) A person shall not operate an Unmanned Aircraft System in Kenya without authorization from the Authority ("Kenya Civil Aviation Authority;") . Section 13(2) Unmanned Aircraft System operations shall be authorized in accordance with the category of operation as set out in regulation 5 of these Regulations. Section 13(3) A person shall not operate an Unmanned Aircraft System in a category of operation other than the category for which it has been authorized to operate. - 14
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 14. Remote Aircraft Operators Certificate (ROC)
AI-assisted research summary: Anyone who operates an Unmanned Aircraft System for commercial activities, reward or hire must obtain a Remote Aircraft Operators Certificate (ROC) from the Kenya Civil Aviation Authority.
Section 14. Remote Aircraft Operators Certificate (ROC) Section 14(1) Any person who operates an Unmanned Aircraft System for commercial activities, reward or hire shall obtain a Remote Aircraft Operators Certificate (ROC) from the Authority ("Kenya Civil Aviation Authority;") . Section 14(2) The Remote Aircraft Operators Certificate referred to in subregulation (1) shall authorize the operator to conduct Unmanned Aircraft System operations in accordance with the conditions and limitations detailed in the operations specifications attached to that Certificate. Section 14(3)(a) an adequate organization; Section 14(3)(b) method of control and supervision of flight operations; Section 14(3)(c) training programme; and Section 14(3)(d) ground handling and maintenance arrangements. Section 14(4) The requirements in subregulation (3) shall be consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization. - 15
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 15. Application for ROC
AI-assisted research summary: Operators applying for a Remote Aircraft Operators Certificate must submit an application in the form and manner the Authority prescribes and include any information the Authority may require; for initial issue or reissue they must apply at least ninety (90) days before the intended operation.
Section 15. Application for ROC Section 15(1) An operator applying to the Authority ("Kenya Civil Aviation Authority;") for a Remote Aircraft Operators Certificate shall submit an application in a form and manner prescribed by the Authority ("Kenya Civil Aviation Authority;") and containing any other information the Authority ("Kenya Civil Aviation Authority;") may require. Section 15(2) An operator shall make an application for an initial issue or reissue of an Remote Aircraft Operators Certificate at least ninety (90) days before the date of the intended operation. - 16
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 16. Issuance of an ROC
AI-assisted research summary: Issuance of a Remote Aircraft Operators Certificate requires that the operator: has its principal place of business and is registered in Kenya; meets applicable regulations and standards for ROC holders; is properly qualified, adequately staffed and equipped for safe commercial UAS operations; holds a security clearance issued by the Ministry responsible for defence (which the Kenya Civil Aviation Authority shall seek during application processing); and has an operator security programme approved by the Kenya Civil Aviation Authority and meets any other requirements the Authority may specify.
Section 16. Issuance of an ROC Section 16(1)(a) has its principal place of business and it is registered in Kenya; Section 16(1)(b) meets the applicable regulations and standards for the holder of a Remote Aircraft Operators Certificate; Section 16(1)(c) is properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of the Unmanned Aircraft System; Section 16(1)(d) holds a security clearance issued by the Ministry responsible for matters relating to defence, which the Authority ("Kenya Civil Aviation Authority;") shall seek in the course of processing the application; and Section 16(1)(e) has an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operator security programme approved by the Authority ("Kenya Civil Aviation Authority;") and meets any other requirements as may be specified by the Authority ("Kenya Civil Aviation Authority;") . - 17
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 17. Validity and renewal of ROC
AI-assisted research summary: Section 17 sets conditions for validity and renewal of a Remote Aircraft Operators Certificate: the Authority may specify a shorter period; the Authority may amend/suspend/revoke the Certificate; the Certificate holder must surrender the Certificate and must notify the Authority of suspension of operations; a suspended or revoked certificate must be returned to the Authority; an applicant whose certificate has expired must make an initial application.
Section 17. Validity and renewal of ROC Section 17(1)(a) a shorter period is specified by the Authority ("Kenya Civil Aviation Authority;") ; Section 17(1)(b) the Authority ("Kenya Civil Aviation Authority;") amends, suspends, revokes or otherwise terminates the Certificate; Section 17(1)(c) the Certificate holder surrenders it to the Authority ("Kenya Civil Aviation Authority;") ; Section 17(1)(d) the Certificate holder notifies the Authority ("Kenya Civil Aviation Authority;") of the suspension of operations. Section 17(2) A Remote Aircraft Operators Certificate which is suspended or revoked shall be returned to the Authority ("Kenya Civil Aviation Authority;") . Section 17(3) An applicant for a Remote Aircraft Operators Certificate which has expired shall make an initial application. - 18
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 18. Amendments of ROC
AI-assisted research summary: Certificate holders must operate in accordance with any amendment unless that amendment is subsequently withdrawn.
Section 18. Amendments of ROC Section 18(1)(a) the Authority ("Kenya Civil Aviation Authority;") determines that the amendment is necessary for the safety of commercial Unmanned Aircraft System operations; or Section 18(1)(b) the Certificate holder applies for an amendment and the authority determines that the amendment is necessary. Section 18(2) A Certificate holder shall operate in accordance with the amendment unless it is subsequently withdrawn. - 19
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 19. Safety Management
AI-assisted research summary: The holder of a Remote Aircraft Operators Certificate must establish a safety management system appropriate to its size and operational complexity.
Section 19. Safety Management Section 19(1) The holder of a Remote Aircraft Operators Certificate shall establish a safety management system commensurate with its size and the complexity of its operations. Section 19(2)(a) a process to identify actual and potential safety hazards and assess the associated risks; Section 19(2)(b) a process to develop and implement remedial action necessary to maintain an acceptable level of safety; and Section 19(2)(c) provision for continuous and regular assessment of the appropriateness and effectiveness of safety management activities. - 20
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 20. Licence
AI-assisted research summary: Persons must not act as remote pilots (including in command or co-pilot roles) or as UAS pilots for category B and C operations unless they hold a remote pilot licence issued by the Authority (Kenya Civil Aviation Authority).
Section 20. Licence Section 20(1) A person shall not act as a remote pilot in command or as a remote co-pilot of an Remote Piloted Aircraft unless that person is a holder of a remote pilot licence issued by the Authority ("Kenya Civil Aviation Authority;") . Section 20(2) Without prejudice to sub-regulation (1), a person shall not act as a Unmanned Aircraft System pilot for category B and C operations, as specified under regulation 5, unless that person is a holder of a remote pilot licence issued by the Authority ("Kenya Civil Aviation Authority;") . Section 20(3) Remote Pilot Licence required by sub-regulations (1) and (2) shall be issued in accordance with provisions established in the Second Schedule to these Regulations. - 21
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 21. Training
AI-assisted research summary: No person may provide training or instruction on operating Unmanned Aircraft Systems unless they have an authorization from the Kenya Civil Aviation Authority.
Section 21. Training Section 21(1) No person shall provide training or instruction on the operation of Unmanned Aircraft System operations without an authorization issued by the Authority ("Kenya Civil Aviation Authority;") . Section 21(2) The authorization granted under sub-regulation (1) shall be valid for twenty four (24) months. - 22
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 22. Cancellation, suspension or variation of authorization
AI-assisted research summary: The Kenya Civil Aviation Authority may seize unmanned aircraft systems (or components) from persons who contravene the Regulations and may apply to court to destroy or dispose of confiscated items.
Section 22. Cancellation, suspension or variation of authorization Section 22(1)(a) in the interest of public safety or national security; Section 22(1)(b) for violating these Regulations: Section 22(1)(c) for violating any requirement, restriction, term or condition imposed by the Authority ("Kenya Civil Aviation Authority;") ; or Section 22(1)(d) for any other public interest. Section 22(2) The Authority ("Kenya Civil Aviation Authority;") may seize any Unmanned Aircraft System or a component thereof belonging to a person who contravenes the provisions of these Regulations pending further administrative action. Section 22(3) The Authority ("Kenya Civil Aviation Authority;") may apply to a competent court for an order authorizing the Authority ("Kenya Civil Aviation Authority;") to destroy or otherwise dispose of any item confiscated under subregulation (2). - 4
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 4. Registration and licensing considerations
AI-assisted research summary: Registration and licensing considerations relate to the national security of Kenya and relevant international and regional obligations and commitments of Kenya under treaties and agreements.
Section 4. Registration and licensing considerations Section the national security of Kenya and relevant international and regional obligations and commitments of Kenya under treaties and agreements; - 5
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 5. Categorization of UAS operations
AI-assisted research summary: The Kenya Civil Aviation Authority may from time to time determine additional requirements and specifications for operations in each UAS category.
Section 5. Categorization of UAS operations Section 5(1)(a) Category A Operations (Low risk). This category of operations poses low or minimal risk to the public, property and manned aviation. Operations under this category shall be undertaken in accordance with Part I of the First Schedule; Section 5(1)(b) Category B Operations (medium risk/regulated lower risk). Operations under this category pose medium risk to the public, property and manned aviation. Operations under this category shall be undertaken in accordance with Part II of the First Schedule; and Section 5(1)(c) Category C Operations (High Risk/Manned Aviation Approach). This Category of operations poses high risk to safety of individuals, property and manned aviation. Operations under this category shall be undertaken in accordance with Part III of the First Schedule. Section 5(2) The Authority ("Kenya Civil Aviation Authority;") may from time to time determine additional requirements and specifications for operations in each category. - 6
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 6. Eligibility to own UAS
AI-assisted research summary: Section 6 lists who is eligible to own UAS (Kenyan citizen or resident aged 18+, a body corporate, or national/county government); requires prior approval of the Authority to transfer ownership; and prohibits persons other than the national government from owning, registering or operating UAS with military specifications.
Section 6. Eligibility to own UAS Section 6(1)(a) a Kenyan Citizen or resident ("a person holding a residence permit issued under the Kenya Citizenship and Immigration Act, 2011 ();") in Kenya of minimum age of eighteen years; Section 6(1)(b) a body corporate ("any legal entity registered pursuant to statutory law or established by any law in Kenya;") ; or Section 6(1)(c) national government or county government. Section 6(2) A person shall not transfer ownership of an Unmanned Aircraft System without the prior approval of the Authority ("Kenya Civil Aviation Authority;") . Section 6(3) A person other than the national government shall not own, register or operate an Unmanned Aircraft System with military specifications. - 7
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 7. Import and Export of UAS
AI-assisted research summary: Persons may not import UAS or components without a permit from the Kenya Civil Aviation Authority; the Authority must obtain security clearance before issuing such permits; persons exporting Kenyan-registered UAS must notify the Authority in writing and obtain a deregistration certificate.
Section 7. Import and Export of UAS Section 7(1) A person shall not import an Unmanned Aircraft System or a component thereof without a permit issued by the Authority ("Kenya Civil Aviation Authority;") . Section 7(2) Before issuing a permit referred to under subregulation (1), the Authority ("Kenya Civil Aviation Authority;") shall seek and obtain the necessary security clearance and approval from the Ministry for the time being responsible for matters relating to defense. Section 7(3) A person who intends to export a Kenyan registered Unmanned Aircraft System shall notify the Authority ("Kenya Civil Aviation Authority;") in writing and shall obtain a deregistration certificate. - 8
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 8. Manufacture, assembly and testing of UAS
AI-assisted research summary: Anyone intending to manufacture, assemble, modify, test, sell or otherwise deal in a UAS or its component must apply for authorization from the Authority (Kenya Civil Aviation Authority).
Section 8. Manufacture, assembly and testing of UAS Section Any person intending to manufacture, assemble, modify, test, sell or otherwise deal in Unmanned Aircraft System or a component thereof shall apply for authorization from the Authority ("Kenya Civil Aviation Authority;") . - 9
CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 9. Registration of UAS
AI-assisted research summary: Operators or owners of unmanned aircraft must register the aircraft with the Kenya Civil Aviation Authority and be issued a certificate; the Authority must establish and implement a registration and identification system that is displayed on the unmanned aircraft at all times.
Section 9. Registration of UAS Section 9(1) An operator or owner of an Unmanned Aircraft System shall register the Unmanned Aircraft System with the Authority ("Kenya Civil Aviation Authority;") and be issued with a certificate of registration. Section 9(2) The Authority ("Kenya Civil Aviation Authority;") shall establish and implement a system for registration and identification of Unmanned Aircraft System in Kenya which shall be displayed on the Unmanned Aircraft System at all times.
Part III
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS
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GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 23. General obligation of a UAS owner or operator
AI-assisted research summary: UAS owners/operators must ensure safe operations, comply with Authority requirements, manage contracted services and operational control, register the UAS, securely store it, meet airspace performance/equipment requirements, and provide English translations with a certificate when required.
Section 23. General obligation of a UAS owner or operator Section 23(1)(a) be responsible for the safe conduct of its operations; Section 23(1)(b) comply with all requirements, terms and conditions established by the Authority ("Kenya Civil Aviation Authority;") regarding its operation; Section 23(1)(c) be responsible for contracted services from providers including communications service providers, as necessary, to carry out its operations; Section 23(1)(d) be responsible for operational control of the Unmanned Aircraft System; Section 23(1)(e) ensure that it is registered in accordance with the provisions of these Regulations; and Section 23(1)(f) ensure secure storage of the Unmanned Aircraft System or components thereof at all times. Section 23(2)(a) name and contact information of the operator; Section 23(2)(b) Unmanned Aircraft System characteristics (type of aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , maximum certificated take-off mass, number of engines and wing span); Section 23(2)(c) copy of certificate of registration of the Unmanned Aircraft System; Section 23(2)(d) aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") identification to be used in radiotelephony, if applicable; Section 23(2)(e) copy of the certificate of airworthiness if applicable; Section 23(2)(f) copy of the Unmanned Aircraft System operator certificate, if applicable; Section 23(2)(g) copy of the Remote pilot(s) licence, if applicable; Section 23(2)(h) copy of the aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") radio station licence, if applicable; Section 23(2)(i) description of the intended operation including the type of operation or purpose, flight rules, Visual Line-of Sight (VLOS) 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; take-off and landing requirements; Section 23(2)(j) operating speeds; Section 23(2)(j)(i) operating speeds; Section 23(2)(j)(ii) typical and maximum climb rates; Section 23(2)(j)(iii) operating frequencies; Section 23(2)(j)(iv) typical and maximum descent rates; Section 23(2)(j)(v) typical and maximum turn rates; Section 23(2)(j)(vi) other relevant performance data including limitations regarding wind, icing and precipitation; and Section 23(2)(j)(vii) maximum aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") endurance; Section 23(2)(k) communications, navigation and surveillance capabilities; Section 23(2)(l) ATC communications, including any alternate means of communication; Section 23(2)(l)(i) ATC communications, including any alternate means of communication; Section 23(2)(l)(ii) command and control (C2) links; Section 23(2)(l)(iii) performance parameters and designated operational coverage area; Section 23(2)(l)(iv) communications between remote pilot and Remote Piloted Aircraft (RPA); Section 23(2)(l)(v) Remote Piloted Aircraft observer, if applicable; Section 23(2)(l)(vi) navigation equipment; Section 23(2)(l)(vii) surveillance equipment, including Secondary Surveillance Radar ("a surveillance radar system which uses transmitters or receivers (interrogators) and transponders;") transponder and Automatic Dependent Surveillance -Broadcast (ADSB); Section 23(2)(m) detect and avoid ("the capability to see, sense or detect conflicting traffic or other hazards and talce the appropriate action;") capabilities; Section 23(2)(n) communications failure with Air Traffic Control (ATC); Section 23(2)(n)(i) communications failure with Air Traffic Control (ATC); Section 23(2)(n)(ii) C2 failure; Section 23(2)(n)(iii) remote pilot or remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") observer communications failure, if applicable; Section 23(2)(n)(iv) number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable; Section 23(2)(n)(v) document attesting noise certification, if applicable; Section 23(2)(n)(vi) confirmation of compliance with the Civil Aviation (Security) Regulations; Section 23(2)(n)(vii) payload information or description; and Section 23(2)(n)(viii) proof of adequate insurance coverage. Section 23(3) Unmanned Aircraft System shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate. Section 23(4) Where documents identified in subregulation (2) are issued in a language other than English, the Unmanned Aircraft System operator or owner shall ensure that an English translation is included and provide a certificate of translation. - 24
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 24. UAS operating limitations
AI-assisted research summary: Lists limitations on UAS operations (height, proximity to people/objects, VMC, night, imaging beyond approved area) and states that the Kenya Civil Aviation Authority may approve exceptions.
Section 24. UAS operating limitations Section 24(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 Unmanned Aircraft System; Section 24(1)(b) except with the authorization of the Authority ("Kenya Civil Aviation Authority;") ; Section 24(1)(c) in conditions other than Visual Meteorological Conditions (VMC); Section 24(1)(d) at night, unless specifically cleared by the Authority ("Kenya Civil Aviation Authority;") on a case by case basis; Section 24(1)(e) where cameras, imaging devices or other sensors capture information, pictures or videos extending beyond the prescribed area of approved operation. Section 24(2) Where cameras, imaging devices or other sensors capture information, pictures or videos referred to in subregulation (1)(d), such information shall not be reproduced, processed, shared, distributed or published. Section 24(3) Notwithstanding the provisions of subregulation (1)(a), Unmanned Aircraft System operations may be conducted at such higher heights and lateral distances as the Authority ("Kenya Civil Aviation Authority;") may approve. Section 24(4) Notwithstanding the provisions of subregulation (1)(b), Unmanned Aircraft System operations may be conducted in conditions other than Visual Meteorological Conditions (VMC) provided that the pilot is duly rated, the System meets required specifications and is approved by the Authority ("Kenya Civil Aviation Authority;") . - 25
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 25. Reporting of UAS incidents and accidents
AI-assisted research summary: Operators and owners of Unmanned Aircraft Systems must report incidents and accidents to the Kenya Civil Aviation Authority; the Authority must provide a public reporting mechanism, must be notified immediately of loss or theft, and must decide on further investigation or enforcement when reports are received.
Section 25. Reporting of UAS incidents and accidents Section 25(1) An Unmanned Aircraft System operator shall ensure that all incidents and accidents involving such a system are reported to the Authority ("Kenya Civil Aviation Authority;") . Section 25(2) The Authority ("Kenya Civil Aviation Authority;") shall establish a mechanism for members of the public to report accidents, incidents and alleged violations of the regulation by the System operators or owners. Section 25(3) A person who owns or operates Unmanned Aircraft System shall notify the Authority ("Kenya Civil Aviation Authority;") immediately of the loss or theft of the system or its components thereof. Section 25(4) The Authority ("Kenya Civil Aviation Authority;") shall upon receipt of a report of the loss, theft, incident or accident involving an Unmanned Aircraft System determine the nature and type of any additional investigation or enforcement action that requires to be taken. - 26
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 26. Prohibited operation of UAS
AI-assisted research summary: A person must not operate an Unmanned Aircraft System in a negligent or reckless manner; the Kenya Civil Aviation Authority may, after consulting the Cabinet Secretary for internal security and by Gazette notice, prohibit UAS use in specified areas for national security.
Section 26. Prohibited operation of UAS Section 26(1) A person shall not operate an Unmanned Aircraft System in a negligent or reckless manner. Section 26(2)(a) in the course of operation, endangers other aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , persons or property; Section 26(2)(b) operates in a prohibited, a restricted and danger areas, 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 ("Kenya Civil Aviation Authority;") ; or Section 26(2)(c) operates in or around strategic installations, Air Navigation Service facilities, high tension cables and communication masts, prisons, police stations, courts of law, scenes of crime, schools and hospitals except in accordance with the conditions of the restrictions or by permission granted by the Authority ("Kenya Civil Aviation Authority;") . Section 26(3) The Authority ("Kenya Civil Aviation Authority;") in consultation with the Cabinet Secretary responsible for matters relating to internal security, may by notice in the Gazette prohibit the use of Unmanned Aircraft System in any specific area in Kenya for any period in the interest of national security. - 27
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 27. Carriage of dangerous goods
AI-assisted research summary: A person must not load or cause to be loaded dangerous goods onto an Unmanned Aircraft System unless approved by the Kenya Civil Aviation Authority.
Section 27. Carriage of dangerous goods Section 27(1) A person shall not take on board or cause to be taken on board an Unmanned 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 unless approved by the Authority ("Kenya Civil Aviation Authority;") . Section 27(2) For the purposes of subregulation (1), "dangerous goods" includes any substance that is classified as such in the ICAO Technical Instructions for Carriage of Dangerous Goods. - 28
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 28. Operations in congested areas and crowds
AI-assisted research summary: A person must not operate an unmanned aircraft system within less than 50 metres laterally of any person, building, structure, vehicle, vessel or animal not associated with the operation unless authorized by the Kenya Civil Aviation Authority.
Section 28. Operations in congested areas and crowds Section A person shall not operate an Unmanned 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 the System unless authorized by the Authority ("Kenya Civil Aviation Authority;") . - 29
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 29. Operations in the vicinity of public roads
AI-assisted research summary: Operations in the vicinity of public roads: the operation has been approved by the Authority ("Kenya Civil Aviation Authority;").
Section 29. Operations in the vicinity of public roads Section the operation has been approved by the Authority ("Kenya Civil Aviation Authority;") ; or - 30
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 30. Landing on roads
AI-assisted research summary: Landing on roads where the operation has been approved by the Authority ("Kenya Civil Aviation Authority;")
Section 30. Landing on roads Section where the operation has been approved by the Authority ("Kenya Civil Aviation Authority;") ; or - 31
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 31. Collision avoidance
AI-assisted research summary: UAS must follow the Civil Aviation (Rules of the Air); remote pilots must keep visual awareness to see and avoid other aircraft and vehicles; UAS must yield right-of-way and must not operate so close as to create a collision hazard.
Section 31. Collision avoidance Section 31(1) An Unmanned Aircraft System in all 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 ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and vehicles and shall yield the right-of-way to all aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and vehicles. Section 31(2) For the purposes of subregulation (1), "yielding the right-of-way" means that the Unmanned Aircraft System shall give way to the manned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or vehicle and may not pass over, under, or ahead of it unless well clear. Section 31(3) No person shall operate an Unmanned Aircraft System so close to another aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") as to create a collision hazard. - 32
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 32. International UAS operations
AI-assisted research summary: International UAS operations commencing at a place within Kenya and terminating at a place outside Kenya without authorization from the State of destination or any other State over whose airspace the Unmanned Aircraft System shall fly; or
Section 32. International UAS operations Section commencing at a place within Kenya and terminating at a place outside Kenya without authorization from the State of destination or any other State over whose airspace the Unmanned Aircraft System shall fly; or - 33
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 33. Filing of flight plans
AI-assisted research summary: UAS flights in controlled airspace must file flight plans; UAS flights in uncontrolled airspace must at all times comply with the applicable rules of the air.
Section 33. Filing of flight plans Section 33(1) All Unmanned Aircraft System flights in controlled airspace ("an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;") shall file flight plans. Section 33(2) Without prejudice to the generality of subregulation (1), all Unmanned Aircraft System flights in uncontrolled airspace shall at all times comply with the applicable rules of the air. - 34
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 34. Emergency and contingency links
AI-assisted research summary: All Unmanned Aircraft System operators must develop and implement emergency and contingency procedures acceptable to the Authority ("Kenya Civil Aviation Authority;").
Section 34. Emergency and contingency links Section All Unmanned Aircraft System operators shall develop and implement emergency and contingency procedures acceptable to the Authority ("Kenya Civil Aviation Authority;") . - 35
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 35. Command and Control
AI-assisted research summary: UAS owners or operators must maintain command and control during flight and must report immediately to the Kenya Civil Aviation Authority if they lose command and control.
Section 35. Command and Control Section 35(1) An Unmanned Aircraft System owner or operator shall ensure that he or she has command and control of the System at all times during the flight. Section 35(2) Any Unmanned Aircraft System owner or operator who loses command and control of his or her System shall report to the Authority ("Kenya Civil Aviation Authority;") immediately. - 36
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 36. Air Traffic Control (ATC) communication
AI-assisted research summary: Pilots must notify Air Traffic Control of UAS operations likely to affect manned aircraft; the ANSP must set Authority‑approved procedures to integrate UAS into airspace.
Section 36. Air Traffic Control (ATC) communication Section 36(1) An Unmanned 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 36(2) The Air Navigation Service Provider (ANSP) shall establish procedures, acceptable to the Authority ("Kenya Civil Aviation Authority;") , for integration of the System operation into the airspace to ensure aviation safety and such procedures shall include communication and surveillance detection. Section 36(3) Procedures referred to in subregulation (2) shall provide for required information to be passed to Air Traffic Control by the System pilot before and during the Unmanned Aircraft System operations. - 37
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 37. Operation in the vicinity of aerodromes
AI-assisted research summary: Operations within ten kilometres of an aerodrome (from the aerodrome reference point) for code C, D, E and F aerodromes are covered by this section.
Section 37. 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; - 38
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 38. Operations at an aerodrome
AI-assisted research summary: Section lists that approvals can have operating restrictions, require publication of approval details, and may be revoked or have conditions changed with publication.
Section 38. Operations at an aerodrome Section 38(1)(a) impose operating restrictions on the approval in the interest of safety; Section 38(1)(b) publish details of the approval in the appropriate Aeronautical Information Product; Section 38(1)(c) revoke or change the conditions that apply to such approval and publish details of any revocation or change in conditions in the appropriate element of the Aeronautical Information Product. Section 38(2)(a) Aeronautical Information Publication (AIP), including Amendments and Supplements; Section 38(2)(b) Aeronautical Information Circulars (AIC); Section 38(2)(c) Aeronautical charts; Section 38(2)(d) Notice to Airmen (NOTAM); and Section 38(2)(e) Digital data sets. - 39
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 39. Record keeping
AI-assisted research summary: Persons dealing in unmanned aircraft systems or components must keep records of all transactions; records must be stored to protect them and comply with data protection laws; the Kenya Civil Aviation Authority may inspect and copy records.
Section 39. Record keeping Section 39(1)(a) operator's organization; Section 39(1)(b) safety management systems; Section 39(1)(c) personnel training and competence verification; Section 39(1)(d) documentation of all management system key processes and products; Section 39(1)(e) maintenance records; and Section 39(1)(f) security management records. Section 39(2) A person who deals in Unmanned Aircraft System or its components shall keep records of all transactions involving the system or any component thereof. Section 39(3) Records shall be stored in a manner that ensures protection from damage, alteration and theft and shall comply with all data protection laws of Kenya. Section 39(4) Records identified in this regulation shall be current and have sufficient details to determine whether the experience and qualification requirements are met for the purpose of the Unmanned Aircraft System operations. Section 39(5) The Authority ("Kenya Civil Aviation Authority;") shall be entitled at any reasonable time to inspect and take copies of extracts from the records kept in accordance with subregulation (1). - 40
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 40. Insurance
AI-assisted research summary: Operators must have minimum third‑party insurance; the Authority must notify the minimum sum; operators must make available liability insurance certificates; the Authority may waive insurance by UAS category.
Section 40. Insurance Section 40(1) A person shall not operate, or cause to be operated or commit any other person to operate an Unmanned Aircraft System UAS there is in force a minimum insurance policy in respect of third party risks. Section 40(2) The minimum sum of insurance in respect of any Unmanned Aircraft System insured in accordance with subregulation (1) shall be notified by the Authority ("Kenya Civil Aviation Authority;") . Section 40(3) An operator of an Unmanned Aircraft System shall make available third party liability insurance certificate(s), in the authentic form, at the location of the System operator's operational management or any other location specified by the Authority ("Kenya Civil Aviation Authority;") . Section 40(4) Notwithstanding the provisions of subregulation (1), the Authority ("Kenya Civil Aviation Authority;") may dispense with the requirement for insurance depending on the category of the Unmanned Aircraft System. - 41
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 41. Privacy of persons and property and nuisance
AI-assisted research summary: UAS operators or owners must not use imaging-equipped systems to surveil or capture images of people or private property without written consent; they must comply with other privacy/data laws and must not operate in a way that constitutes a nuisance.
Section 41. Privacy of persons and property and nuisance Section 41(1) An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to conduct Surveillance on or take an Image of a person without that person's written consent. Section 41(2) An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to record an image ("a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property;") of privately owned or leased real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image ("a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property;") in violation of such person's reasonable expectation of privacy without his or her written consent. Section 41(3) For purposes of subregulation (2), a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property, licensed or leased property if that person is not observable by persons located at ground level in a place where they have a legal right to be. Section 41(4)(a) mapping and evaluating the earth's surface, including terrain and surface water bodies and other features; Section 41(4)(b) investigation of forests and forest management; Section 41(4)(c) search and rescue; or Section 41(4)(d) investigation of vegetation or wildlife. Section 41(5) Without prejudice to subregulation (I), the owner or operator of a System equipped with an imaging device ("a mechanical, digital, or electronic viewing device, still camera, camcorder, motion picture camera, or any other instrument, equipment, or format capable of recording, storing, or transmitting an image;") shall comply with any other law relating to protection of privacy or data. Section 41(6) An Unmanned Aircraft System operator or owner shall not operate the System in a manner that constitutes nuisance to the public, a person or to the property of another. - 42
GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 42. Discharge or dropping goods
AI-assisted research summary: Persons are prohibited from dropping or discharging objects from an Unmanned Aircraft System unless an authorization expressly allows it.
Section 42. Discharge or dropping goods Section 42(1) A person shall not cause an object to be dropped or discharged from an Unmanned Aircraft System unless the authorization granted expressly provides for such dropping or discharge. Section 42(2) For purposes of this regulation, an object includes gases, liquids, solids, electromagnetic pulse or any other thing capable of being discharged or dropped from an Unmanned Aircraft System.
Part IV
SECURITY
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SECURITY - 43. Security of UAS
AI-assisted research summary: Conduct background checks on all personnel recruited for deployment, handling and storage of any Unmanned Aircraft System.
Section 43. Security of UAS Section conduct background checks on all personnel recruited for deployment, handing and storage of any Unmanned Aircraft System; - 44
SECURITY - 44. Consumption ofpsychoactive substances
AI-assisted research summary: Persons must not consume alcohol less than 8 hours before reporting for duty.
Section 44. Consumption ofpsychoactive substances Section consume alcohol less than 8 hours prior to reporting for duty; - 45
SECURITY - 45. Security procedures requirement
AI-assisted research summary: Holders of a Remote Aircraft Operators Certificate must not operate an Unmanned Aircraft System unless they have operator security procedures approved by the Kenya Civil Aviation Authority; the Authority may inspect unmanned aircraft systems during operations without prior notice.
Section 45. Security procedures requirement Section 45(1) A Remote Aircraft Operators Certificate holder shall not operate an Unmanned Aircraft System without operator security procedures approved by the Authority ("Kenya Civil Aviation Authority;") . Section 45(2) An Unmanned Aircraft System shall be subject to security inspection at any time during its operations by the Authority ("Kenya Civil Aviation Authority;") without prior notification to the operator. Section 45(3)(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 45(3)(b) at a remote pilot station; Section 45(3)(b)(i) at a remote pilot station; Section 45(3)(b)(ii) on a remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system; and Section 45(3)(b)(iii) any facility under the control of the remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system operations. Section 45(4)(a) that the premises used for preparing, storing, parking including remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system ground station shall be secured at all times against unauthorized access; Section 45(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 45(4)(c) for protection of flight documents; Section 45(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 45(4)(e) requirements for checks and searches of specific areas and accessible compartments of the interior and exterior of an Unmanned Aircraft System; and Section 45(4)(f) that persons engaged in remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system operations are subject to recurrent background checks and selection procedures and are adequately trained. - 46
SECURITY - 46. Security obligations for UAS operators
AI-assisted research summary: UAS operators must be responsible for the security of system operations, including facilities, personnel and equipment.
Section 46. Security obligations for UAS operators Section be responsible for the security of such system operations including associated facilities, personnel and equipment; - 47
SECURITY - 47. Acts of unlawful interference with civil aviation
AI-assisted research summary: Operations personnel must have response procedures for threats and incidents involving Unmanned Aircraft System operations.
Section 47. Acts of unlawful interference with civil aviation Section have response procedures for operations personnel for threats and incidents involving Unmanned Aircraft System operations; and - 48
SECURITY - 48. Interference of UAS operations
AI-assisted research summary: No person shall interfere with duly authorized UAS operations or intercept an Unmanned Aircraft System, except as provided in regulation 49.
Section 48. Interference of UAS operations Section 48(1) Except as provided in regulation 49, no person shall interfere with duly authorized operation of an Unmanned Aircraft System or intercept an Unmanned Aircraft System in any manner whatsoever. Section 48(2) Any person who unlawfully interferes with duly authorized operation of an Unmanned 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 three years, or to both. - 49
SECURITY - 49. Interception of UAS
AI-assisted research summary: The Kenya Civil Aviation Authority has powers under subregulation (2) to end flights, assume control, direct flight, seize material and otherwise intercept Unmanned Aircraft Systems; those powers may be exercised by national security agencies.
Section 49. Interception of UAS Section 49(1)(a) that contravenes any provision of these Regulations; Section 49(1)(b) that poses a serious and an imminent risk to safety of the public; or Section 49(1)(c) preventing further contravention of any provision of these Regulations; Section 49(1)(c)(i) preventing further contravention of any provision of these Regulations; Section 49(1)(c)(ii) preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public; or Section 49(1)(c)(iii) safeguarding national security. Section 49(2)(a) to end the flight or land it, safely in the fastest practicable way; or Section 49(2)(a)(i) to end the flight or land it, safely in the fastest practicable way; or Section 49(2)(a)(ii) to fly the aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in the manner specified by the Authority ("Kenya Civil Aviation Authority;") ; Section 49(2)(b) to assume control of the Unmanned Aircraft System or fly it or to end the flight or land it safely in the fastest practicable way; or Section 49(2)(b)(iii) to assume control of the Unmanned Aircraft System or fly it or to end the flight or land it safely in the fastest practicable way; or Section 49(2)(b)(iv) to end the flight in the fastest and safest practicable way; or Section 49(2)(c) to be evidential material; or Section 49(2)(c)(v) to be evidential material; or Section 49(2)(c)(vi) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under the Act or these Regulations. Section 49(3) The powers granted to the Authority ("Kenya Civil Aviation Authority;") under subregulation (2) may be exercised by the national security agencies.
Part V
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 50. Protection from personal liability
AI-assisted research summary: Persons (the Authority and its staff or agents) acting in good faith while performing Authority functions are protected from personal liability; the Authority must reimburse expenses for defending related suits unless the act was in bad faith.
Section 50. Protection from personal liability Section 50(1) No matter or action taken by the Authority ("Kenya Civil Aviation Authority;") or by any member of staff or agent of the Authority ("Kenya Civil Aviation Authority;") shall, if the matter or action taken was in good faith for the purposes of performing the functions of the Authority ("Kenya Civil Aviation Authority;") under the Act or these regulations, render the Authority ("Kenya Civil Aviation Authority;") or the person liable for any action, claim or demand. Section 50(2) Any expenses incurred or to be incurred by any person mentioned in subsection (1) in defending an action, claim or demand in any suit brought against that person in respect of any act or omission done or purported to be done by that person under these Regulations, or on the direction of the Authority ("Kenya Civil Aviation Authority;") , shall be reimbursed or borne by the Authority ("Kenya Civil Aviation Authority;") unless the act or omission was done in bad faith. - 51
MISCELLANEOUS PROVISIONS - 51. Offences and Penalties
AI-assisted research summary: Section 51 establishes offences for failing to comply with directions or contravening specified provisions (A or B), sets maximum fines and imprisonment terms, and creates a presumption that an unmanned aircraft operator and pilot are deemed to have contravened unless they prove lack of consent and due diligence.
Section 51. Offences and Penalties Section 51(1) Any person who fails to comply with any direction given pursuant to these Regulations by the Authority ("Kenya Civil Aviation Authority;") or by any authorized person under any provision of the Act or these Regulations 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 three years, or to both. Section 51(2) A person who contravenes any provision specified as an "A" provision in the Third 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 51(3) A person who contravenes any provision specified as a "B" provision in the Third Schedule to these Regulations commits an offence and is liable upon conviction to a fine not exceeding two million shillings for each offence or to imprisonment for a term not exceeding three years, or to both. Section 51(4) If any provision of these Regulations is contravened in relation to an Unmanned Aircraft System, the operator of that System and the pilot, even if the operator or the pilot is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention. Section 51(5) Any Unmanned Aircraft System operator who contravenes the provisions of these Regulations and whose penalty has not been specified in this Regulations 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 three years, or to both. - 52
MISCELLANEOUS PROVISIONS - 52. Pamphlets and manuals
AI-assisted research summary: The Kenya Civil Aviation Authority must develop pamphlets and manuals to assist owners and operators to comply with these Regulations.
Section 52. Pamphlets and manuals Section The Authority ("Kenya Civil Aviation Authority;") shall develop pamphlets and manuals to assist owners and operators in complying with these Regulations. - 53
MISCELLANEOUS PROVISIONS - 53. Savings and transitional provisions
AI-assisted research summary: Owners of unmanned aircraft systems already imported into Kenya must apply to the Kenya Civil Aviation Authority for registration within six months of the Regulations' commencement.
Section 53. Savings and transitional provisions Section An owner of an Unmanned Aircraft System already imported into Kenya at the commencement of these Regulations shall apply to the Authority ("Kenya Civil Aviation Authority;") for registration within six months from the date of commencement of these Regulations.
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The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020
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