Civil Aviation (Airworthiness) Regulations, 2018
These Regulations may be cited as the Civil Aviation (Airworthiness) Regulations, 2018 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint.
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- Kenya
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- Legal Notice 90 of 2018
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Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.
Source attribution: Source: Kenya Law
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About this statute
These Regulations may be cited as the Civil Aviation (Airworthiness) Regulations, 2018 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint. This section provides definitions for terms used in the Regulations, including "acceptable", "Authority", "Act", and "aircraft". The provision applies to Kenyan registered aircraft wherever they are operated. The Kenya Civil Aviation Authority may require an applicant, upon acceptance of a type certificate and before issuing an airworthiness certificate, to comply with additional requirements. Work must conform to the specified design as approved by the State of Design, and the State of Design approves designs 'as suitable for a particular purpose.'
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Provisions of Civil Aviation (Airworthiness) Regulations, 2018
Showing 62 of 62
Part I
PRELIMINARY PROVISIONS
- 1
PRELIMINARY PROVISIONS - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Airworthiness) Regulations, 2018 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint.
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Airworthiness) Regulations, 2018 and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette , appoint. - 2
PRELIMINARY PROVISIONS - 2. Interpretation
AI-assisted research summary: This section provides definitions for terms used in the Regulations, including "acceptable", "Authority", "Act", and "aircraft".
Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "acceptable" means the Authority ("the Kenya Civil Aviation Authority;") has reviewed the method, procedure, or policy and has neither objected to nor approved ("accepted by the appropriate authority as suitable for a particular purpose;") its proposed use or implementation; "Act" means the Civil Aviation Act, 2013; "aeronautical product" means any aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") or subassembly, appliance ("any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe,engine or propeller;") , material, part or component to be installed thereon; "aeroplane" means a power-driven heavier-than-air aircraft , deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; "aerial work" means an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operation in which an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is used for specialized services such as agriculture, construction photography, surveying, observation and patrol, search and rescue, aerial advertisement etc.; "aircraft" means any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface; "aircraft component" means any component part of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") up to and including a complete engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") or any operational or emergency equipment; "aircraft type" means all aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") of the same basic design; "airframe" means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") ), and landing gear of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , accessories and controls; "airworthy" means the status of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") or part when it conforms to its approved ("accepted by the appropriate authority as suitable for a particular purpose;") design and is in a condition for safe operation; "anticipated operating conditions" means those conditions which are known from experience or which can be reasonably envisaged to occur during the operational life of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , taking into account the operations for which the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is made eligible, the conditions so considered being relative to the meteorological state of the atmosphere, to the configuration of terrain, to the functioning of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , to the efficiency of personnel and to all the factors affecting safety in flight. Anticipated operating conditions do not include— Those extremes which can be effectively avoided by means of operating procedures; and those extremes which occur so infrequently that to require the Standards to be met in such extremes would give a higher level of airworthiness than experience has shown to be necessary and practical; "appliance" means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in flight, is installed in or attached to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , and is not part of an airframe ("the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a engine ), and landing gear of an aircraft, accessories and controls;") , engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") or propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") ; "appropriate airworthiness requirements" means the comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") or propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") under consideration; "approved" means accepted by the appropriate authority as suitable for a particular purpose; "approved by the Authority" means approved by the Authority directly or in accordance with a procedure approved by the Authority; "approved data" means technical information approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") ; "Approved Maintenance Organisation (AMO)" means an organisation approved ("accepted by the appropriate authority as suitable for a particular purpose;") to perform specific aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") activities by the Authority ("the Kenya Civil Aviation Authority;") ; "approved aircraft maintenance programme" means a maintenance programme ("a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;") approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") ; "associated aircraft systems" means aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") systems drawing electrical or pneumatic power from an auxiliary power unit during ground operations; "Authority" means the Kenya Civil Aviation Authority; "Auxiliary Power-Unit (APU)" means a self-contained power-unit on an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") providing electrical or pneumatic power to aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") systems during ground operations; "balloon" means a non-power-driven lighter-than-air aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; "bypass ratio" means the ratio of the air mass flow through the bypass ducts of a gas turbine engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") to the air mass flow through the combustion chambers calculated at maximum thrust when the engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") is stationary in an international standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") atmosphere at sea level; "calendar day" means the period of elapsed time using Coordinated Universal Time or local time that begins at midnight and ends 24 hours later in the next midnight; "certificate of release to service" means a document containing a certification that inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") and maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") work has been performed satisfactorily in accordance with the methods prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") ; "continuing airworthiness" means the set of processes by which an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life; "date of manufacture or construction" means the date of issue of the document attesting that the individual aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") as appropriate conforms to the requirements of the type or the date of an analogous document; "design landing mass" means the maximum mass of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") at which, for structural design purposes. it is assumed that it will be planned to land; "design take-off mass" means the maximum mass at which the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , for structural design purposes, is assumed to be planned to be at the start of the take-off run; "design taxing mass" means the maximum mass of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") at which structural provision is made for load liable to occur during use of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") on the ground prior to the start of take-off; "dry lease" means a lease of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") without crew; "engine" means a unit used or intended to be used for aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") (if applicable); "facility" means a physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") , preventive maintenance ("simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;") or modifications of any article; "factor of safety" means design factor used to provide for the possibility of loads greater than those assumed, and for uncertainties in design and fabrication; "flight time aeroplane" means the total time from the moment an aeroplane ("a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;") first moves for the purpose of taking off until the moment it comes to rest at the end of the flight; "flight time helicopters" means the total time from the moment the helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") blades start turning until the moment the helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") finally comes to rest at the end of the flight and the rotor blades are stopped; "glider" means a non-power-driven heavier-than-air aircraft , deriving its lift in flight chiefly from aerodynamic reactions on surfaces, which remain fixed under given conditions of flight; "heavier-than-air aircraft" means any aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") deriving its lift in flight chiefly from aerodynamic forces; "helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis; "human performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations; "inspection" means the examination of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") to establish conformity with a standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") ; "landing surface" means that part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") landing in a particular direction; "limit loads" means the maximum loads assumed to occur in the anticipated operating conditions ("those conditions which are known from experience or which can be reasonably envisaged to occur during the operational life of the aircraft, taking into account the operations for which the aircraft is made eligible, the conditions so considered being relative to the meteorological state of the atmosphere, to the configuration of terrain, to the functioning of the aircraft, to the efficiency of personnel and to all the factors affecting safety in flight. Anticipated operating conditions do not include—") ; "load factor" means the ratio of a specified load to the weight of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , the former being expressed in terms of aerodynamic forces, inertia forces, or ground reactions; "maintenance" means that the performance of tasks required to ensure the continuing airworthiness ("the set of processes by which an aircraft,engine,propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;") of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , including any one or combination of overhaul ("the restoration of an aircraft or aircraft component using methods, techniques and practices acceptable to the Authority, including disassembly, cleaning and inspection as permitted,repair as necessary, and reassembly; and testing in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO);") , inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") , replacement, defect rectification, and the embodiment of a modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") or repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") ; "Maintenance Control Manual" means a manual containing procedures, instructions and guidance for use by maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") and concerned operational personnel in the execution of their duties; "maintenance programme" means a document which describes the specific scheduled maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") to which it applies; "major modification" means a type design change not listed in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , or propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") specifications that might appreciably affect the mass and balance limits, structural strength, performance, power plant ("the system consisting of all the engines, drive system components (if applicable), propellers (if installed), their accessories, ancillary parts, fuel and oil systems installed on an aircraft but excluding the rotors of a helicopter;") operation, flight characteristics, or other qualities affecting airworthiness or environmental characteristics or that will be embodied in the product according to non- standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") practices; "major repair" means a repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") of an aeronautical product ("any aircraft,aircraft engine,propeller or subassembly,appliance, material, part or component to be installed thereon;") that might appreciably affect the structural strength, performance, power plant ("the system consisting of all the engines, drive system components (if applicable), propellers (if installed), their accessories, ancillary parts, fuel and oil systems installed on an aircraft but excluding the rotors of a helicopter;") , operation flight characteristics or other qualities affecting airworthiness or environmental characteristics or that will be embodied in the product using non- standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") practices; "modification" means a change to the type design of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aeronautical product ("any aircraft,aircraft engine,propeller or subassembly,appliance, material, part or component to be installed thereon;") which is not a repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") ; "operator" means a person, organization or enterprise, engaged in or offering to engage in an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") organization; "overhaul" means the restoration of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") using methods, techniques and practices acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") , including disassembly, cleaning and inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") as permitted, repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") as necessary, and reassembly; and testing in accordance with approved ("accepted by the appropriate authority as suitable for a particular purpose;") standards and technical data, or in accordance with current standards and technical data acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") , which have been developed and documented by the State of Design ("the State having jurisdiction over the organization responsible for the type design;") , holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance ("any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe,engine or propeller;") approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO); "performance Class 1 helicopter" means a helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") with performance such that, in case of engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") failure, it is able to land on the rejected take-off area or safely continue the flight to an appropriate landing area; "performance Class 2 helicopter" means helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") with performance such that, in case of engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which cases a forced landing may be required; "performance Class 3 helicopter" means that a helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") with performance such that, in case of engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") failure at any point in the flight profile, a forced landing must be performed; "power plant" means the system consisting of all the engines, drive system components (if applicable), propellers (if installed), their accessories, ancillary parts, fuel and oil systems installed on an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") but excluding the rotors of a helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") ; "prescribed" means the Authority ("the Kenya Civil Aviation Authority;") has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may"; "preventive maintenance" means simple or minor preservation operations and the replacement of small standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") parts not involving complex assembly operations; "propeller" means a device for propelling an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") that has blades on an engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") ; "rating" means an authorizations entered into or associated with a license or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such license or certificate; "rebuild" means the restoration of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") by using methods, techniques, and practices acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") , when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits; "rendering (a Certificate of Airworthiness) valid" means that the action taken by a Contracting State, as an alternative to issuing its own Certificate of Airworthiness, in accepting a Certificate of Airworthiness issued by any other Contracting State as the equivalent of its own Certificate of Airworthiness; "repair" means restoration of an aeronautical product ("any aircraft,aircraft engine,propeller or subassembly,appliance, material, part or component to be installed thereon;") to an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition and to ensure that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type ("all aircraft of the same basic design;") , after the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has been damaged or subjected to wear; "satisfactory evidence" means a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement; "signature" means an individual's unique identification used as a means of authenticating any record entry or a maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") record; a signature may be hand-written, electronic or any other form acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") ; "smoke" means— (a) hot vapor or cloud like gases or visible gaseous or soot containing fine particles of carbon being produced by combustion; or (b) the carbonaceous materials in exhaust emissions which obscure the transmission of light; "specific operating provisions" means a document describing the ratings, Class and or Limited, in detail and containing or referencing material and process specifications used in performing repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") work, along with any limitations applied to the approved ("accepted by the appropriate authority as suitable for a particular purpose;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") organisation; "standard" means an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved; "State of Design" means the State having jurisdiction over the organization responsible for the type design; "State of Manufacture" means a Contracting State under whose authority an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") was assembled, approved ("accepted by the appropriate authority as suitable for a particular purpose;") for compliance with the type certificate and all extant supplemental type certificates, test flown and approved ("accepted by the appropriate authority as suitable for a particular purpose;") for operation; the state of manufacture may or may not also be the state of design; "State of Registry" means a Contracting State on whose register an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is entered; "tribunal" means the National Civil Aviation Administrative Review Tribunal established under section 66 of the Act ("the Civil Aviation Act, 2013;") ; "Type Certificate" means a document issued by a Contracting State to define the design of an aircraft type ("all aircraft of the same basic design;") and to certify that this design meets the appropriate airworthiness requirements ("the comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft,engine or propeller under consideration;") of that State; and "validation" means confirmation by a contracting state on the basis of satisfactory evidence ("a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement;") that the specific intended use or application complies with the requirements or standards of the state.Referenced legislation
- Civil Aviation Act, 2013 (unresolved)
- Civil Aviation Act, 2013 (unresolved)
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PRELIMINARY PROVISIONS - 3. Application
AI-assisted research summary: The provision applies to Kenyan registered aircraft wherever they are operated.
Section 3. Application Section Kenyan registered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , wherever operated;
Part II
AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES
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AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES - 4. Acceptance of type of certificate
AI-assisted research summary: The Kenya Civil Aviation Authority may require an applicant, upon acceptance of a type certificate and before issuing an airworthiness certificate, to comply with additional requirements.
Section 4. Acceptance of type of certificate Section 4(1)(a) the type certificate or equivalent document was issued based on an airworthiness code recognized by the Authority ("the Kenya Civil Aviation Authority;") ; or Section 4(1)(b) meet the required standards of the recognized airworthiness code; or Section 4(1)(b)(i) meet the required standards of the recognized airworthiness code; or Section 4(1)(b)(ii) has complied with any recommendations required by the Authority ("the Kenya Civil Aviation Authority;") . Section 4(2) Upon acceptance of the type certificate by the Authority ("the Kenya Civil Aviation Authority;") , the Authority ("the Kenya Civil Aviation Authority;") may, prior to issue of certificate of airworthiness or restricted certificate of airworthiness, require the applicant to comply with any additional requirements as prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") . Section 4(3) In this regulation, recognized airworthiness code means standards relating to the design, materials, construction equipment, performance and maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") issued by the State of Design ("the State having jurisdiction over the organization responsible for the type design;") and accepted and prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") . - 5
AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES - 5. Acceptance of production
AI-assisted research summary: Work must conform to the specified design as approved by the State of Design, and the State of Design approves designs 'as suitable for a particular purpose.'
Section 5. Acceptance of production Section the work to be undertaken conforms to the specified design as approved ("accepted by the appropriate authority as suitable for a particular purpose;") by the State of Design ("the State having jurisdiction over the organization responsible for the type design;") ; - 6
AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES - 6. Issue of supplemental type certificate
AI-assisted research summary: If a person alters a product by introducing a major modification in type design that is not large enough to need a new type-certificate application, that person must apply for a supplemental type certificate to either the regulatory agency of the State of Design that approved the product's type certificate or to the State of Registry of the aircraft.
Section 6. Issue of supplemental type certificate Section 6(1) A person who alters a product by introducing a major modification in type design, not great enough to require a new application for a type certificate, shall apply for a supplemental type certificate to the regulatory agency of the State of Design that approved the type certificate for that product, or to the State of Registry of the aircraft.
Part III
CERTIFICATES OF AIRWORTHINESS
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CERTIFICATES OF AIRWORTHINESS - 10. Amendment of Certificates of airworthiness
AI-assisted research summary: The Kenya Civil Aviation Authority may amend or modify any certificate of airworthiness upon application by the owner or operator, or on its own initiative.
Section 10. Amendment of Certificates of airworthiness Section The Authority ("the Kenya Civil Aviation Authority;") may amend or modify any type of certificate of airworthiness issued under these Regulations upon application by the owner, operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") or on the Authority ("the Kenya Civil Aviation Authority;") 's own initiative. - 11
CERTIFICATES OF AIRWORTHINESS - 11. Surrender of certificate of airworthiness
AI-assisted research summary: Surrender of certificate of airworthiness to the buyer upon sale of the aircraft within Kenya.
Section 11. Surrender of certificate of airworthiness Section to the buyer upon sale of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") within Kenya; or - 12
CERTIFICATES OF AIRWORTHINESS - 12. Validity and renewal of a Certificate of airworthiness
AI-assisted research summary: Certificates of airworthiness are generally valid for 12 months; the Kenya Civil Aviation Authority may set a shorter period, amend/extend/suspend/revoke/terminate certificates, and an owner or operator may surrender a certificate; renewal applications must be made in a form and manner prescribed by the Authority at least sixty days before expiry.
Section 12. Validity and renewal of a Certificate of airworthiness Section 12(1) A certificate of airworthiness or restricted certificate of airworthiness issued under these Regulations shall be valid for 12 months from the date of issue. Section 12(2)(a) a shorter period is specified by the Authority ("the Kenya Civil Aviation Authority;") ; Section 12(2)(b) the Authority ("the Kenya Civil Aviation Authority;") amends, extends, suspends, revokes or otherwise terminates the certificate; and Section 12(2)(c) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") owner or operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") surrenders the certificate to the Authority ("the Kenya Civil Aviation Authority;") . Section 12(3) A special flight permit shall be valid for a period of time specified in the permit. Section 12(4)(a) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or such of its equipment as is necessary for the airworthiness of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is maintained or if any part of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") either generally or in relation to a class of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or to the particular aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 12(4)(b) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or any of its equipment is not maintained as required by the maintenance programme ("a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;") or schedule approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") in relation to that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 12(4)(c) an inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") or modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") classified as mandatory by the Authority ("the Kenya Civil Aviation Authority;") applicable to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or of any such equipment as aforesaid, has not, been completed to the satisfaction of the Authority ("the Kenya Civil Aviation Authority;") ; or Section 12(4)(d) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or any such equipment as aforementioned sustains damage and the damage is ascertained during inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") which affects the airworthiness of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 12(5) An application for renewal of a certificate of airworthiness shall be made in a form and manner prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") at least sixty days before the expiry of the certificate. - 13
CERTIFICATES OF AIRWORTHINESS - 13. Aircraft identification
AI-assisted research summary: Applicants for a certificate of airworthiness, a restricted certificate of airworthiness, or a special flight permit must show that the aircraft is properly registered and marked and has identification plates affixed.
Section 13. Aircraft identification Section An applicant for a certificate of airworthiness or a restricted certificate of airworthiness or special flight permit shall show that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is properly registered and marked and has identification plates affixed to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . - 14
CERTIFICATES OF AIRWORTHINESS - 14. Issue of certificates of airworthiness
AI-assisted research summary: Certificates of airworthiness are issued when specified documentary, inspection, maintenance and testing conditions are met, and the Authority may impose additional conditions.
Section 14. Issue of certificates of airworthiness Section 14(1) A certificate of airworthiness shall be issued for certificates of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in the specific category and model designated by the state of design in the type certificate. Section 14(2)(a) the applicant presents evidence to the Authority ("the Kenya Civil Aviation Authority;") that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") conforms to a type design approved ("accepted by the appropriate authority as suitable for a particular purpose;") under a type certificate or a supplemental type certificate and to the applicable airworthiness directives of the state of manufacture or design; Section 14(2)(b) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has been inspected in accordance with the performance rules of these Regulations for inspections and found airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") by persons authorised by the Authority ("the Kenya Civil Aviation Authority;") to make such determinations within the last thirty days; Section 14(2)(c) the Authority ("the Kenya Civil Aviation Authority;") finds, after an inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") , that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") conforms to type design and is in condition for safe operation; Section 14(2)(d) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") when operated in accordance with the requirements specified in the flight manual or equivalent document for the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") conforms to the approved ("accepted by the appropriate authority as suitable for a particular purpose;") type specifications specified in the approved ("accepted by the appropriate authority as suitable for a particular purpose;") type certificate or equivalent document; Section 14(2)(e) the maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") determined by the Authority ("the Kenya Civil Aviation Authority;") as a prerequisite for issue of a certificate of airworthiness has been carried out and certified by a person acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") in accordance with these Regulations; Section 14(2)(f) the results of flying trials, and such other tests of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") as the authority may require are complied with the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") as the Authority ("the Kenya Civil Aviation Authority;") may require, are complied with; and Section 14(2)(g) the applicant submits an Export Certificate of Airworthiness that shall be valid for 45 days from the date of issue or satisfactory evidence ("a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement;") of airworthiness status of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") as applicable issued by the state of manufacture or previous state of registry or satisfactory evidence ("a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement;") , in whole or in part, that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") complies with the applicable Standards of the regulation and compliance with the appropriate airworthiness requirements ("the comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft,engine or propeller under consideration;") . Section 14(3) The Authority ("the Kenya Civil Aviation Authority;") may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") as the Authority ("the Kenya Civil Aviation Authority;") thinks fit. Section 14(4)(a) commercial air transport (passenger); Section 14(4)(b) commercial air transport (cargo); Section 14(4)(c) general aviation; or Section 14(4)(d) aerial work ("an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction photography, surveying, observation and patrol, search and rescue, aerial advertisement etc.;") . Section 14(5)(a) commercial air transport (passenger): any purpose; Section 14(5)(b) commercial air transport (cargo): any purpose other than commercial air transport of passengers; Section 14(5)(c) aerial work ("an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction photography, surveying, observation and patrol, search and rescue, aerial advertisement etc.;") : purpose includes' such tasks as aerial photography, aerial survey (geological and ordinance survey), electrical power line and gas pipeline inspections, carriage of external loads and flight training. Aerial Work does not include the carriage of passengers for hire or reward. Aerial Work Permissions are specific to an operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") and a nominated aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 14(5)(d) general aviation: any purpose other than commercial air transport or aerial work ("an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction photography, surveying, observation and patrol, search and rescue, aerial advertisement etc.;") . Section 14(6) The Authority ("the Kenya Civil Aviation Authority;") may in the process of issuing a certificate of airworthiness demand that reports be furnished by a person qualified to furnish such reports. Section 14(7) The aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall be subjected to such inspections and ground and flight tests as are deemed necessary by the State to show compliance with the design aspects of the appropriate airworthiness requirements ("the comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft,engine or propeller under consideration;") . - 15
CERTIFICATES OF AIRWORTHINESS - 15. Airworthiness directives and service bulletins
AI-assisted research summary: Persons must not operate aircraft or components subject to an airworthiness directive except as required; the Authority must notify the State of Design on registration and may require compliance with service bulletins and inspections.
Section 15. Airworthiness directives and service bulletins Section 15(1) A person shall not operate an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") components to which an airworthiness directive applies except in accordance with the requirements of airworthiness directive. Section 15(2) Upon registration of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in Kenya, the Authority ("the Kenya Civil Aviation Authority;") shall notify the State of Design ("the State having jurisdiction over the organization responsible for the type design;") of the registration of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in Kenya, and request that the Authority ("the Kenya Civil Aviation Authority;") receive all airworthiness directives addressing that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , airframe ("the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a engine ), and landing gear of an aircraft, accessories and controls;") , aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") , appliance ("any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe,engine or propeller;") or component. Section 15(3) Where the State of Design ("the State having jurisdiction over the organization responsible for the type design;") considers that a condition in an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , airframe ("the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a engine ), and landing gear of an aircraft, accessories and controls;") , engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") , propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") , appliance ("any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe,engine or propeller;") or component is unsafe as shown by the issue of an airworthiness directive by that State, such directives shall apply to Kenyan registered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") of the type identified in that airworthiness directive. Section 15(4) Where a manufacturer identifies a service bulletin as mandatory, such bulletin shall apply to a Kenyan registered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") of the type identified in that bulletin. Section 15(5) The Authority ("the Kenya Civil Aviation Authority;") may identify manufacturer's service bulletins and other sources of data or develop and prescribe inspections, procedures and limitations for mandatory compliance pertaining to affected aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in Kenya. Section 15(6) A person shall not operate any Kenyan registered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") to which the measures of this regulation apply, except in accordance with the applicable directives and bulletins. - 16
CERTIFICATES OF AIRWORTHINESS - 16. Issue of restricted certificates of airworthiness
AI-assisted research summary: The Kenya Civil Aviation Authority may issue restricted certificates of airworthiness for certain aircraft that do not qualify for a full certificate; such aircraft must follow operating limitations within Kenya and may not make international flights; the Authority must issue specific operating limitations for each restricted certificate.
Section 16. Issue of restricted certificates of airworthiness Section 16(1) The Authority ("the Kenya Civil Aviation Authority;") may issue a restricted certificate of airworthiness to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") that does not qualify for a certificate of airworthiness including micro light, experimental amateur and kit built aircraft ("any machine that derives 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 derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") used for air races, aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") flying for exhibition purpose, a kite and any non-type certificated aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 16(2) An aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") holding a restricted certificate of airworthiness shall be subject to operating limitations within Kenya and shall not make international flights. Section 16(3) The Authority ("the Kenya Civil Aviation Authority;") shall issue specific operating limitations for each restricted certificate of airworthiness. - 17
CERTIFICATES OF AIRWORTHINESS - 17. Issue of special flight permits
AI-assisted research summary: Section 17 lists allowed purposes for special flight permits (maintenance/repairs, testing, certification/validation flights, delivery/export, evacuation, and limited excess-mass flights) and the documents an application must include.
Section 17. Issue of special flight permits Section 17(1)(a) flying to a base where weighing, painting, repairs, modifications, maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") , or inspections are to be performed or to a point of storage; Section 17(1)(b) flying for the purpose of experimenting with or testing the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") including its engines and equipment; Section 17(1)(c) flying for the purpose of qualifying for the issue, renewal or validation ("confirmation by a contracting state on the basis of satisfactory evidence that the specific intended use or application complies with the requirements or standards of the state") of certificate of airworthiness or restricted certificate of airworthiness and the approval of a modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 17(1)(d) delivering or exporting the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 17(1)(e) evacuating aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") from areas of impending danger; and Section 17(1)(f) operating at mass in excess of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") 's maximum certified takeoff mass for flight beyond normal range over water or land areas where adequate landing facilities or appropriate fuel are unavailable with the excess mass limited to additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight. Section 17(2)(a) an application made in a form and manner prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") ; Section 17(2)(b) a certificate of registration; Section 17(2)(c) a valid certificate of insurance, - 18
CERTIFICATES OF AIRWORTHINESS - 18. Export Certificate of Airworthiness
AI-assisted research summary: Owners or their agents may apply to the Authority for an export certificate of airworthiness; the applicant must submit compliance statements and authorised persons must inspect and find the aircraft airworthy within the last 14 days; maintenance prerequisites must be carried out and certified by a person acceptable to the Authority.
Section 18. Export Certificate of Airworthiness Section 18(1) An owner of an aircraft registered in Kenya or an agent of the owner may apply to the Authority for issue of an export certificate of airworthiness for aeronautical products or article. Section 18(2)(a) Class I product-complete aircraft engine or propeller which has been certificated; Section 18(2)(b) Class II product — a major component of Class I product such as a wing, fuselage and empennage service, the failure of which would jeopardize the safety of a class I product or any part, material or system thereof; Section 18(2)(c) Class III product-any product or component which is not a Class I or Class II product or standard part. Section 18(3) An application for an export certificate of airworthiness shall be made on a form prescribed by the Authority at least 14 days before the intended date of export of the aircraft out of Kenya. Section 18(4)(a) the applicant submits a statement of compliance with the full intents of the approved maintenance programme or schedule; Section 18(4)(b) the applicant submits a statement of compliance with the mandatory airworthiness directives and service bulletins applicable to the aircraft and its equipment; Section 18(4)(c) the aircraft has been inspected in accordance with the performance rules of these regulations and found airworthy by persons authorised by the Authority to make such determination within the last 14 days; Section 18(4)(d) the maintenance determined by the Authority as a prerequisite for issue of the export certificate of airworthiness has been carried out and certified by a person acceptable to the Authority in accordance with these regulations; the result of test flight, and such other tests as the Authority may determine are complied with; Section 18(4)(e) historical records establish the production, modification and maintenance standard of the aircraft; or Section 18(4)(f) a weight and balance report with a loading schedule, where applicable, for each aircraft in accordance with the applicable regulations is furnished to the Authority. Section 18(5) Export certificate of airworthiness shall not be used for the purpose of flight but for confirmation of recent satisfactory review of the airworthiness status of the aircraft. Section 18(6) Any extension or variations granted to an aircraft in accordance with an approved maintenance programme or schedule shall be automatically revoked before issue of the export certificate of airworthiness. - 19
CERTIFICATES OF AIRWORTHINESS - 19. Conditions on the special flight permit
AI-assisted research summary: Persons must not fly an aircraft on a special flight permit unless they comply with the Regulation's conditions; operators must inform the State of aircraft condition and intended flight and obtain consent; the Authority must require a maintenance endorsement certifying the aircraft is safe for the intended flight.
Section 19. Conditions on the special flight permit Section 19(1) A person shall not fly an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") on a special flight permit unless that person has complied with conditions of this Regulation. Section 19(2)(a) the flight is made under the supervision of a person approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") for such flight, subject to any additional conditions which may be specified in the permit; Section 19(2)(b) a copy of the permit is carried on board the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") at all times when the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is operating under the conditions of the permit; Section 19(2)(c) operating under the conditions of the permit; Section 19(2)(d) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") registration markings assigned to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") are displayed; Section 19(2)(e) no persons or property are carried on board for hire or reward; Section 19(2)(f) only persons essential for the safe operation of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") are carried on the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and the person must be advised of the contents of the permit; Section 19(2)(g) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is operated only by flight crew holding appropriate license with sufficient experience to appreciate the reasons for the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") non-compliance to the prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") airworthiness standards; Section 19(2)(h) the flight is conducted in accordance with applicable flight operating rules and procedures of the states of the intended routing; Section 19(2)(i) the routing is such that areas of heavy air traffic, areas of heavy human concentration of a city, town settlement or any other areas where the flight might create hazardous exposure to persons or property are avoided; Section 19(2)(j) the flight is performed in accordance to the performance limitations prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") flight manual and any other limitation that the Authority ("the Kenya Civil Aviation Authority;") may impose on such flight; Section 19(2)(k) all flights are conducted prior to the expiry date of the special flight permit or at any other time the Authority ("the Kenya Civil Aviation Authority;") declares so in writing; and Section 19(2)(l) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall not depart for the flight on a special flight permit unless the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has on board authorizations from the State of intended routing. Section 19(3) The operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") shall inform the State on the conditions of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and intended flight and the operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") must obtain their consent. Section 19(4) The Authority ("the Kenya Civil Aviation Authority;") shall require a properly executed maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") endorsement statement in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") permanent record by an authorised person stating that the subject aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has been inspected and found to be safe for the intended flight. Section 19(5) The special flight issued under these regulations shall be valid for a single flight as prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") in the routing. - 20
CERTIFICATES OF AIRWORTHINESS - 20. Certificate of fitness for flight
AI-assisted research summary: Persons must not fly an aircraft for flight testing after repair, modification or maintenance unless the aircraft has a Certificate of Fitness for Flight with a maintenance endorsement; such certificates must be issued by an appropriately qualified person, and the Authority may issue special flight permits based on such certificates.
Section 20. Certificate of fitness for flight Section 20(1) A person shall not fly an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") for the purpose of flight testing after repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") , modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") or maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") unless that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has been issued with a Certificate of Fitness for Flight containing a maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") endorsement statement. Section 20(2) A certificate of fitness for flight shall be issued by an appropriate qualified person in accordance with these Regulations and the Civil Aviation (Personnel Licensing) Regulations. Section 20(3) A certificate of fitness for flight is the basis under which the Authority ("the Kenya Civil Aviation Authority;") may issue a special flight permit under regulation 17 for the purpose of allowing the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") to be ferried. Section 20(4) A certificate of fitness for flight may be used as a basis for ferry or to flight test an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") after repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") , modifications or maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") as long as the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") does not make an international flight; and is not, for purposes of these Regulations, a certificate of airworthiness.Referenced legislation
- Civil Aviation (Personnel Licensing) Regulations (unresolved)
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CERTIFICATES OF AIRWORTHINESS - 7. Application for certificate of airworthiness
AI-assisted research summary: Owners of Kenyan-registered aircraft or their agents may apply to the Kenya Civil Aviation Authority for a certificate of airworthiness; applicants must apply on a form prescribed by the Authority.
Section 7. Application for certificate of airworthiness Section 7(1) An owner of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") registered in Kenya or an agent of the owner may apply to the Authority ("the Kenya Civil Aviation Authority;") for issue of a certificate of airworthiness for that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 7(2) An applicant for a certificate of airworthiness shall apply on a form prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") . - 8
CERTIFICATES OF AIRWORTHINESS - 8. Certificate of airworthiness to be in force
AI-assisted research summary: A person must not fly an aircraft unless there is in force for that aircraft a certificate of airworthiness, restricted certificate of airworthiness, or special flight permit issued or rendered valid under the law of the State of Registry and any conditions of that certificate are complied with.
Section 8. Certificate of airworthiness to be in force Section 8(1) A person shall not fly an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") unless there is in force in respect of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , a certificate of airworthiness or restricted certificate of airworthiness or a special flight permit duly issued or rendered valid under the law of the State of Registry ("a Contracting State on whose register an aircraft is entered;") and any conditions subject to which the certificate was issued or rendered valid are complied with. Section 8(2) The Certificate of Airworthiness shall contain Information in the First Schedule to these Regulations. - 9
CERTIFICATES OF AIRWORTHINESS - 9. Classifications of certificates of airworthiness
AI-assisted research summary: Classifications of certificates of airworthiness
Section 9. Classifications of certificates of airworthiness Section a certificate of airworthiness;
Part IV
CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS
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CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 21. Responsibility formaintenance
AI-assisted research summary: Section 21 assigns responsibilities for continuing airworthiness: the State of Registry must ensure maintenance affecting airworthiness is performed as prescribed; maintenance personnel must record and certify that aircraft are airworthy; the certificate of release to service must be completed and list uncorrected items where applicable; notice and acceptable arrangements must be given/made to the Authority prior to operations; and operators of helicopters over 3,175 kg must monitor and report maintenance and operational experience as prescribed.
Section 21. Responsibility formaintenance Section 21(1)(a) all maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") which affect airworthiness are performed as prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the State of Registry ("a Contracting State on whose register an aircraft is entered;") ; Section 21(1)(b) maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") personnel make appropriate entries in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") records certifying that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") ; Section 21(1)(c) the certificate of release to service ("a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority;") is completed to the effect that the maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") work performed has been completed satisfactorily and in accordance with the prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") methods including an approved ("accepted by the appropriate authority as suitable for a particular purpose;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") program as approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") ; and Section 21(1)(d) in the event there are open discrepancies, the certificate of release to service ("a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority;") includes a list of the uncorrected maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") items which are made part of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") permanent records. Section 21(2)(a) notice in a form prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") , is given to the Authority ("the Kenya Civil Aviation Authority;") prior to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") undertaking such operations; and Section 21(2)(b) arrangements acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") for ongoing Inspection and oversight of the airworthiness of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") are made. Section 21(3) The operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") of a helicopter ("a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on a substantially vertical axis;") of over 3,175 kg maximum mass shall monitor and assess maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") and operational experience with respect to continuing airworthiness ("the set of processes by which an aircraft,engine,propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;") and provide the information as prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the State of Registry ("a Contracting State on whose register an aircraft is entered;") and report through the system prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") . - 22
CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 22. Continuing airworthiness information
AI-assisted research summary: Section 22 sets out continuing airworthiness information and related defined terms (maintenance, airworthiness, aircraft, aeroplane) and states that maintenance, maintenance programmes and maintenance information shall include specified descriptions, methods, guidance and intervals.
Section 22. Continuing airworthiness information Section 22(1)(a) monitor and assess maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") and operational experience with respect to continuing airworthiness ("the set of processes by which an aircraft,engine,propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;") and provide the information as prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") ; Section 22(1)(b) obtain and assess continuing airworthiness ("the set of processes by which an aircraft,engine,propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;") information and recommendations available from the organisation responsible for the type design and implement resulting actions considered necessary in accordance with a procedure acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") . Section 22(2) Any failure to maintain an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition as defined by the appropriate airworthiness requirements ("the comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft,engine or propeller under consideration;") shall render the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ineligible for operation until the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is restored to an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition. Section 22(3) Information for use in developing procedures for maintaining the aeroplane ("a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;") in an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition shall be made available. Section 22(4) Maintenance information shall include a description of the aeroplane ("a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;") and recommended methods for the accomplishment of maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") tasks. Such information shall include guidance on defect diagnosis and ageing aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") requirements. Section 22(5) Maintenance programme information shall include the maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") tasks and the recommended intervals at which these tasks are to be performed - 23
CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 23. Responsibilities of the Authority on continuing airworthiness
AI-assisted research summary: Sets duties for the Authority to ensure continuing airworthiness of aircraft, including notification to State of Design, determining and ensuring compliance with airworthiness requirements (especially after modifications or repairs), transmitting mandatory information, maintaining reporting systems for large aircraft, judging damage airworthiness, and restricting flights when aircraft are not airworthy.
Section 23. Responsibilities of the Authority on continuing airworthiness Section 23(1)(a) ensure that, when it first enters on its register an aircraft of a particular type for which it is not the State of Design and issues or validates a Certificate of Airworthiness in regulation 14, and it shall notify the State of Design that it has entered such an aircraft on its register; Section 23(1)(b) determine the continuing airworthiness of an aircraft in relation to the appropriate airworthiness requirements in force for that aircraft; Section 23(1)(c) continues to comply with the appropriate airworthiness requirements after a modification, a repair or the installation of a replacement part; and Section 23(1)(c)(i) continues to comply with the appropriate airworthiness requirements after a modification, a repair or the installation of a replacement part; and Section 23(1)(c)(ii) is maintained in an airworthy condition and in compliance with the maintenance requirements of Civil Aviation (Air Operator Certificate And Administration) Regulations, and theses, this Regulations; Section 23(1)(d) ensure that the operator continues to comply with the appropriate airworthiness requirements after a modification, a repair or the installation of a replacement part; and Section 23(1)(e) ensure that the aircraft is maintained in an airworthy condition and in compliance with the maintenance requirements of Part V of the Civil Aviation (Air Operator Certification and Administration) Regulations and these Regulations; Section 23(1)(f) upon receipt of mandatory continuing airworthiness information from the State of Design, adopt the mandatory information directly or assess the information received and take appropriate action; Section 23(1)(g) ensure that all mandatory continuing airworthiness information which it, as the Authority, originated in respect of that aircraft, is transmitted to the appropriate State of Design; and Section 23(1)(h) ensure that, in respect of aeroplane over 5 700 kg and helicopters over 3 175 kg maximum certificated take-off mass, there exists a system whereby information on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of the aircraft is transmitted to the organization responsible for the type design of that aircraft. Section 23(2) Whenever this information relates to an engine or propeller, such information shall be transmitted to both the organization responsible for engine or propeller type design and the organization responsible for aircraft type design. Where a continuing airworthiness safety issue is associated with a modification, the Authority shall ensure that there exists a system whereby the above information is transmitted to the organization responsible for the design of the modification. Section 23(3) When an aircraft has sustained damage, the Authority shall judge whether the damage is of a nature such that the aircraft is no longer airworthy as defined by the appropriate airworthiness requirements. Section 23(4) If the damage is sustained or ascertained when the aircraft is in the territory of another Contracting State, the authorities of the other Contracting State shall be entitled to prevent the aircraft from resuming its flight on the condition that they shall advise the State of Registry immediately, communicating to it all details necessary to formulate the judgment referred to in (2). Section 23(5) When the Authority considers that the damage sustained is of a nature such that the aircraft is no longer airworthy, it shall prohibit the aircraft from resuming flight until it is restored to an airworthy condition and the Authority may, in exceptional circumstances, prescribe particular limiting conditions to permit the aircraft to fly a non-commercial air transport operation to an aerodrome at which it will be restored to an airworthy condition. Section 23(6) In prescribing particular limiting conditions the Authority shall consider all limitations proposed by the Contracting State that had originally, in accordance with this regulation, prevented the aircraft from resuming its flight and the Contracting State shall permit such flight or flights within the prescribed limitations. Section 23(7) When the Authority considers that the damage sustained is of a nature such that the aircraft is still airworthy, the aircraft shall be allowed to resume its flight.Referenced legislation
- Civil Aviation (Air Operator Certification and Administration) Regulations (unresolved)
- Civil Aviation (Air Operator Certificate And Administration) Regulations (unresolved)
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CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 24. Compliance with the manufacturer's instructions
AI-assisted research summary: Aircraft must be maintained in accordance with the approved maintenance programme and the manufacturer's recommended maintenance procedures.
Section 24. Compliance with the manufacturer's instructions Section the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , including its engines, equipment and radios has been maintained in accordance with the approved ("accepted by the appropriate authority as suitable for a particular purpose;") maintenance programme ("a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;") and maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") procedures recommended by the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") manufacturer; - 25
CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 25. Safety and survival equipment
AI-assisted research summary: The Authority has issued written policy or methodology that imposes either mandatory requirements when it uses "shall" or discretionary requirements when it uses "may"; safety and survival equipment must be accessible, easily identified, and its method of operation clearly marked.
Section 25. Safety and survival equipment Section prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") safety and survival equipment that the crew or passengers are expected to use are accessible and easily identified, and its method of operation are clearly marked; - 26
CONTINUED AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS - 26. Reporting of failures, malfunctions, and defects
AI-assisted research summary: Lists specified failures, malfunctions, and defects to be reported and requires the Authority to submit received reports to the State(s) of Design and Registry as indicated.
Section 26. Reporting of failures, malfunctions, and defects Section 26(1)(a) fires during flight and whether the related fire-warning system properly operated; Section 26(1)(b) fires during flight not protected by a related fire-warning system; Section 26(1)(c) false fire warning during flight; Section 26(1)(d) an engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components; Section 26(1)(e) an aircraft component that causes accumulation or circulation of smoke, vapor, or toxic or noxious fumes in the crew compartment or passenger cabin during flight; Section 26(1)(f) engine shutdown during flight because of flameout; Section 26(1)(g) engine shutdown during flight when external damage to the engine or aircraft structure occurs; Section 26(1)(h) engine shutdown during flight due to foreign object ingestion or icing; Section 26(1)(i) shutdown during flight of more than one engine on a multi-engine aircraft; Section 26(1)(j) a propeller feathering malfunction or inability of the system to control over-speed during flight; Section 26(1)(k) a fuel or fuel-dumping system malfunction that affects fuel flow or causes hazardous leakage during flight; Section 26(1)(l) an uncommanded landing gear extension or retraction, or opening or closing of landing gear doors during flight; Section 26(1)(m) brake system components malfunction that result in loss of brake actuating force when the aircraft is in motion on the ground; Section 26(1)(n) aircraft structure damage that requires major repair; Section 26(1)(o) failure or malfunction of any flight control system, flap, Slat or spoiler; Section 26(1)(p) any excessive unscheduled removals of essential equipment on account of defects; Section 26(1)(q) cracks, permanent deformation, or corrosion of aircraft structure, if more than the maximum acceptable to the manufacturer or the Authority; Section 26(1)(r) aircraft components or systems malfunctions that result intaking emergency actions during flight except action to shut down an engine; Section 26(1)(s) emergency evacuation systems or components including all exit doors, passenger emergency evacuating lighting systems, or evacuation equipment that are found defective, or that fail to perform the intended functions during an actual emergency or during training, testing, maintenance, demonstration, or inadvertent deployments; Section 26(1)(t) each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected technical difficulties or malfunctions; Section 26(1)(u) any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure; Section 26(1)(v) failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft; Section 26(1)(w) the number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed; or Section 26(1)(x) the number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed. Section 26(2)(a) be made within three days after determining that the failure, malfunction, or defect required to be reported has occurred; and Section 26(2)(b) type and registration mark of the aircraft; Section 26(2)(b)(i) type and registration mark of the aircraft; Section 26(2)(b)(ii) name of the operator; Section 26(2)(b)(iii) aircraft serial number; Section 26(2)(b)(iv) where the failure, malfunction, or defect is associated with an article approved under a Technical Standard Order (TSO) authorisation, the article serial number and model designation, as appropriate; Section 26(2)(b)(v) where the failure, malfunction or defect is associated with an engine or propeller, the engine or propeller serial number, as appropriate; Section 26(2)(b)(vi) product model; Section 26(2)(b)(vii) identification of the part, component, or system involved, including the part number; and Section 26(2)(b)(viii) the nature of the failure, malfunction, or defect. Section 26(3) The Authority, upon receipt of the report specified in sub-regulation (2) for aircraft registered in Kenya, shall submit the reports to the State of Design. Section 26(4) The Authority, upon receipt of the report specified in sub-regulation (2) for foreign registered aircraft operating in Kenya, shall submit all such reports to the State of Registry and the State of Design.
Part IX
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 58. Contravention of Regulations
AI-assisted research summary: A person who contravenes any provision of these Regulations may have their licence, certificate, approval, authorisation, exemption or other document revoked or suspended.
Section 58. Contravention of Regulations Section A person who contravenes any provision of these Regulations may have his license, certificate, approval, authorisation, exemption or such other document revoked or suspended. - 59
MISCELLANEOUS PROVISIONS - 59. Appeals to the Tribunal
AI-assisted research summary: A person aggrieved by a decision of the Authority may appeal to the Tribunal within twenty-one days.
Section 59. Appeals to the Tribunal Section A person aggrieved with a decision of the Authority ("the Kenya Civil Aviation Authority;") under these regulations may within twenty-one days appeal to the Tribunal. - 60
MISCELLANEOUS PROVISIONS - 60. Offences and penalties
AI-assisted research summary: This section sets out how contraventions are attributed to aircraft operators and pilots, defences where contraventions are not deemed to have occurred, and penalties (including fines, imprisonment, liens on aircraft, and compounding by the Authority) for contraventions of the Regulations.
Section 60. Offences and penalties Section 60(1) If any provision of these Regulations is contravened in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or, the pilot in command is not the person who contravened that provision he shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this Regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention. Section 60(2) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision. Section 60(3) Where a person is charged with contravening a provision of these Regulations orders, notices or proclamations made there under by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose. Section 60(4) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in sub-regulation (9) shall, upon conviction, be liable to or a fine, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence. Section 60(5) In case an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty. Section 60(6) Any aircraft subject to alien for the purpose of Sub-regulation (5) may be seized by and placed in the custody of the Authority; Section 60(7)(a) payment of the penalty or the amount agreed upon in compromise; Section 60(7)(b) deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; Section 60(7)(c) receiving an order of the court to that effect. Section 60(8) The Authority and any person specifically authorised by name by him or any police officer not below the rank of inspector specifically authorised by name by the Minister, may compound offences under Part A of the Fifth Schedule to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the Authority a sum equivalent in Kenya shillings one (1) million for provisions referred to in sub-part (i) and sub-part (ii) respectively in Part A of the Fifth Schedule to these Regulations. Section 60(9) If any person contravenes any provision specified In Part B of the Fifth Schedule to these Regulations, upon conviction is liable to a fine not less than the equivalent in Kenya Shillings one (1) million or to imprisonment for a term of twelve months or to both. Section 60(10) A person who contravenes any provision specified as an "A" provision in the Fifth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence and or to imprisonment for a term not exceeding one year or to both. Section 60(11) A person who contravenes any provision specified as a "B" provision in the Fifth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and or to imprisonment for a term not exceeding three years or to both. Section 60(12) A person who contravenes any provision of these Regulations not being a provision referred to in the Fifth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a second or subsequent conviction for the like offence to a fine not exceeding four million shillings. - 61
MISCELLANEOUS PROVISIONS - 61. Transition
AI-assisted research summary: Persons already carrying out acts or operations affected by these Regulations at commencement must comply with the Regulations within one (1) year or cease those acts, unless the Cabinet Secretary prescribes a longer time by notice in the Gazette.
Section 61. Transition Section 61(1) A license, certificate, approval or any other document issued to an operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires or is cancelled by the Authority ("the Kenya Civil Aviation Authority;") . Section 61(2) Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any acts, duties or operations affected by these Regulations shall, within one (1) year from the date of commencement, or within such longer time that the Cabinet Secretary may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such acts, duties or operations. - 62
MISCELLANEOUS PROVISIONS - 62. Revocation of L.N. 83/2013
AI-assisted research summary: Revokes The Civil Aviation (Airworthiness) Regulations, 2013 (L.N. 83/2013).
Section 62. Revocation of L.N. 83/2013 Section The Civil Aviation (Airworthiness) Regulations, 2013 are revoked.Referenced legislation
- Civil Aviation (Airworthiness) Regulations, 2013 (unresolved)
Part V
AIRCRAFT MAINTENANCE AND INSPECTION
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AIRCRAFT MAINTENANCE AND INSPECTION - 27. Persons authorised to performmaintenance,preventive maintenanceandmodification
AI-assisted research summary: General prohibition on performing maintenance on aircraft or components unless authorised; lists who may perform maintenance and conditions for pilots to perform preventive maintenance and balloon maintenance.
Section 27. Persons authorised to performmaintenance,preventive maintenanceandmodification Section 27(1) A person shall not perform any task defined as maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") on an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") components, except as provided in this regulation. Section 27(2)(a) a pilot licensed by the Authority ("the Kenya Civil Aviation Authority;") ; Section 27(2)(b) a person performing maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") under the supervision of a licensed aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") engineer(LAME); Section 27(2)(c) a LAME; and Section 27(2)(d) an AMO. Section 27(3) A pilot licensed by the Authority ("the Kenya Civil Aviation Authority;") may perform preventive maintenance ("simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;") on an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") of maximum certificated take-off mass of 5,700 kg or less owned or operated by that pilot so long as the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is not listed for use by an AOC holder and the pilot has attended maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") course on the type of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 27(4) A pilot licenced by the Authority ("the Kenya Civil Aviation Authority;") operating a balloon ("a non-power-driven lighter-than-air aircraft;") listed for use by an AOC holder may perform maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") , preventive maintenance ("simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;") and modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") on balloons, provided that pilot has been trained on the appropriate balloon ("a non-power-driven lighter-than-air aircraft;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") . Section 27(5)(a) personally observes the work being done to the extent necessary to ensure that it is being done properly; and Section 27(5)(b) is readily available, in person, for consultation. Section 27(6) A LAME may perform or supervise the maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") or modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") for which he or she is rated in accordance with the Civil Aviation (Personnel Licensing) Regulation. Section 27(7) An AMO may perform aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") within the limits specified by the Authority ("the Kenya Civil Aviation Authority;") . Section 27(8)(a) rebuild ("the restoration of an aircraft or aircraft component by using methods, techniques, and practices acceptable to the Authority, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits;") or alter any aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") manufactured by that manufacturer under a type or production certificate; Section 27(8)(b) rebuild ("the restoration of an aircraft or aircraft component by using methods, techniques, and practices acceptable to the Authority, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits;") or alter any aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") manufactured by that manufacturer under a Technical Standard Order (TSO) Authorisation, a Parts Manufacturer Approval (PMA) by the State of Design ("the State having jurisdiction over the organization responsible for the type design;") , or product and process specification issued by the State of Design ("the State having jurisdiction over the organization responsible for the type design;") ; and Section 27(8)(c) perform any inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") required by the Civil Aviation (Operation of Aircraft) Regulations, on aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") that the manufacturer manufactures, while currently operating under a production certificate or under a currently approved ("accepted by the appropriate authority as suitable for a particular purpose;") production inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") system for such aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") .Referenced legislation
- Civil Aviation (Personnel Licensing) Regulation (unresolved)
- Civil Aviation (Operation of Aircraft) Regulations (unresolved)
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AIRCRAFT MAINTENANCE AND INSPECTION - 28. Personnel authorised to approve for return to service
AI-assisted research summary: Only persons authorised by the Authority may approve aircraft or components for return to service; otherwise a person must not approve them after maintenance. Specific permissions allow pilots (with approved course), a LAME (subject to limitations), and an AMO (per approved operating provisions) to approve return to service.
Section 28. Personnel authorised to approve for return to service Section 28(1) Except as authorized by the Authority, a person shall not approve an aircraft, airframe, engine, propeller, appliance, or component for return to service after it has undergone maintenance, preventive maintenance, rebuilding, or modification. Section 28(2)(a) a pilot licensed by the Authority who may return his or her aircraft to service after performing authorised preventive maintenance provided he has successfully completed an approved maintenance course on the type of aircraft; Section 28(2)(b) a pilot licensed by the Authority who may return his or her aircraft to service after performing authorised preventive maintenance provided he has successfully completed an approved maintenance course on the type of aircraft; Section 28(2)(c) a LAME who may approve aircraft and aircraft components for return to service after the LAME has performed, supervised, or inspected its maintenance subject to the limitations specified in the Civil Aviation (Personnel Licensing) Regulations and Civil Aviation (Air Operator Certification and Administration) Regulations; Section 28(2)(d) an AMO that may approve aircraft and aircraft components for return to service as provided in the operations specific operating provisions approved by the Authority. Section 28(3) The persons authorized to approve modifications under Sub-Regulation 1 must have sound knowledge of the design principles embodied in the Aircraft type being modified or repaired.Referenced legislation
- Civil Aviation (Air Operator Certification and Administration) Regulations (unresolved)
- Civil Aviation (Personnel Licensing) Regulations (unresolved)
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AIRCRAFT MAINTENANCE AND INSPECTION - 29. Persons authorised to perform inspections
AI-assisted research summary: Except as authorised by the Authority, a person shall not perform the inspections required by these Regulations for aircraft and aircraft components before or after maintenance; a LAME may conduct inspections for which they are rated and current; an AMO may perform inspections as provided in specific operating provisions approved by the Authority.
Section 29. Persons authorised to perform inspections Section 29(1) Except as authorized by the Authority, a person shall not perform the inspections required by these Regulations, for aircraft and aircraft components prior to or after the aircraft has undergone maintenance, preventive maintenance, rebuilding, or modification. Section 29(2)(a) a LAME who may conduct the required inspections of aircraft and aircraft components for which the LAME is rated and current; or Section 29(2)(b) an AMO that may perform the required inspections of aircraft and aircraft components as provided in the specific operating provisions approved by the Authority. - 30
AIRCRAFT MAINTENANCE AND INSPECTION - 30. Preventive Maintenance: Limitations
AI-assisted research summary: Limits preventive maintenance to removal, installation and repair of landing gear tires and includes quoted phrase describing "restoration of an aeronautical product to an airworthy condition…"
Section 30. Preventive Maintenance: Limitations Section removal, installation and repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") of landing gear tires; - 31
AIRCRAFT MAINTENANCE AND INSPECTION - 31. Performance rules:maintenance
AI-assisted research summary: Rules on aircraft maintenance require persons performing maintenance to use appropriate tools and recommended equipment, carry out work to restore or maintain airworthiness to at least original or properly altered condition, and allow approved maintenance manuals and programmes to serve as acceptable means of compliance.
Section 31. Performance rules:maintenance Section 31(1)(a) the current manufacturer's maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") manual or instructions for continued airworthiness issued by its manufacturer; and Section 31(1)(b) additional methods, techniques and practices required by the Authority ("the Kenya Civil Aviation Authority;") ; or methods, techniques and practices approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") where the manufacturer's documents were not available. Section 31(2) A person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices. Section 31(3) If the involved manufacturer recommends special equipment or test apparatus, the person performing maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") shall use that equipment or apparatus, or its equivalent acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") . Section 31(4) A person performing maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") , preventive maintenance ("simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations;") , or modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") on an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") shall do that work in such a manner, and use materials of such a quality, that the condition of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") worked on will be at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness. Section 31(5) The methods, techniques, and practices contained in an AOC holder's maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") control manual and, maintenance programme ("a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;") , as approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") , will constitute an acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") means of compliance with the requirements of this regulation. Section 31(6) The methods, techniques, and practices contained in an AMO Maintenance Procedures Manual as approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") , will constitute an acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") means of compliance with the requirements of these Regulations. - 32
AIRCRAFT MAINTENANCE AND INSPECTION - 32. Performance rules:inspection
AI-assisted research summary: Persons approving turbine-engine aircraft for return to service must run the engines to confirm satisfactory performance, and persons performing inspections must clean the aircraft and open necessary panels before inspection.
Section 32. Performance rules:inspection Section 32(1)(a) perform the inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") so as to determine whether the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or portion of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") under inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") meets all applicable airworthiness requirements; and Section 32(1)(b) if there is an inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") programme required or accepted for the specific aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") being inspected, perform the inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") in accordance with the instructions and procedures specified in the inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") programme. Section 32(2)(a) the drive shafts or similar systems; Section 32(2)(b) the main rotor transmission gear box for obvious defects; Section 32(2)(c) the main rotor and center section or the equivalent area; and Section 32(2)(d) the auxiliary rotor on helicopters. Section 32(3)(a) may be of the person's own design, one provided by the manufacturer of the equipment being inspected, or one obtained from another source; and Section 32(3)(b) shall include the scope and detail of the items prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") or approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") . Section 32(4)(a) power output (static and idle revolutions per minute); Section 32(4)(b) magnetos; Section 32(4)(c) fuel and oil pressure; and Section 32(4)(d) cylinder and oil temperature. Section 32(5) A person approving a turbine- engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") -powered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") for return to service shall, before that approval, run the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations. Section 32(6) A person performing an inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") shall, before that inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") , thoroughly clean the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") and remove or open all necessary inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") plates, access doors, fairings, and cowlings. Section 32(7)(a) fabric and skin for deterioration, distortion, other evidence of failure, and defective or insecure attachment of fittings; and Section 32(7)(a)(i) fabric and skin for deterioration, distortion, other evidence of failure, and defective or insecure attachment of fittings; and Section 32(7)(a)(ii) systems and components for improper installation, apparent defects, and unsatisfactory operation; Section 32(7)(b) generally for uncleanliness and loose equipment that foul the controls; Section 32(7)(b)(i) generally for uncleanliness and loose equipment that foul the controls; Section 32(7)(b)(ii) seats and safety belts for poor condition and apparent defects; Section 32(7)(b)(iii) leakage; Section 32(7)(b)(iv) instruments for poor condition, mounting, marking, and where practicable for improper operation; Section 32(7)(b)(v) flight and engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") controls for improper installation and improper operation; Section 32(7)(b)(vi) batteries for improper installation and improper charge; Section 32(7)(b)(vii) all systems for improper installation, poor general condition, apparent and obvious defects, and insecurity of attachment. Section 32(7)(c) engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") section for visual evidence of excessive oil, fuel, or hydraulic leaks, and sources of such leaks; Section 32(7)(c)(i) engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") section for visual evidence of excessive oil, fuel, or hydraulic leaks, and sources of such leaks; Section 32(7)(c)(ii) studs and nuts for improper torquing and obvious defects; Section 32(7)(c)(iii) internal engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") for cylinder compression and for metal particles or foreign matter on screens and sump drain plugs, if there is weak cylinder compression, for improper internal condition and improper internal tolerances; Section 32(7)(c)(iv) engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") mount - for cracks, looseness of mounting, and looseness of engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") to mount; Section 32(7)(c)(v) flexible vibration dampeners - for poor condition and deterioration; Section 32(7)(c)(vi) engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") controls for defects, improper travel, and improper safe tying; Section 32(7)(c)(vii) lines, hoses, and clamps for leaks, improper condition, and looseness; Section 32(7)(c)(viii) exhaust stacks for cracks, defects, and improper attachment; Section 32(7)(c)(ix) accessories for apparent defects in security of mounting; Section 32(7)(c)(x) all systems for improper installation, poor general condition, defects, and insecure attachment; Section 32(7)(c)(xi) cowling for cracks and defects; Section 32(7)(d) all units for poor condition and insecurity of attachment; Section 32(7)(d)(i) all units for poor condition and insecurity of attachment; Section 32(7)(d)(ii) shock absorbing devices for improper oleo fluid level; Section 32(7)(d)(iii) linkages, trusses, and members for undue or excessive wear, fatigue, and distortion; Section 32(7)(d)(iv) retracting and locking mechanism for improper operation; Section 32(7)(d)(v) hydraulic lines for leakage; Section 32(7)(d)(vi) electrical system for chafing and improper operation of switches; Section 32(7)(d)(vii) wheels for cracks, defects, and condition of bearings; Section 32(7)(d)(viii) tires for wear and cuts; Section 32(7)(d)(ix) brakes for improper adjustment; Section 32(7)(d)(x) floats and skis for insecure attachment and obvious or apparent defects; Section 32(7)(e) poor general condition; Section 32(7)(e)(i) poor general condition; Section 32(7)(e)(ii) fabric or skin deterioration; Section 32(7)(e)(iii) distortion; Section 32(7)(e)(iv) evidence of failure; Section 32(7)(e)(v) insecurity of attachment; Section 32(7)(f) poor general condition; Section 32(7)(f)(i) poor general condition; Section 32(7)(f)(ii) fabric or skin deterioration; Section 32(7)(f)(iii) distortion; Section 32(7)(f)(iv) evidence of failure; Section 32(7)(f)(v) insecure attachment; Section 32(7)(f)(vi) improper component installation; Section 32(7)(f)(vii) improper component operation; Section 32(7)(g) propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") assembly - for cracks, nicks, binds, and oil leakage; Section 32(7)(g)(i) propeller ("a device for propelling an aircraft that has blades on an engine driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engine;") assembly - for cracks, nicks, binds, and oil leakage; Section 32(7)(g)(ii) bolts - for improper torquing and lack of safety; Section 32(7)(g)(iii) anti-icing devices - for improper operations and obvious defects; Section 32(7)(g)(iv) control mechanisms - for improper operation, insecure mounting, and restricted travel; Section 32(7)(h) for improper installation and insecure mounting; Section 32(7)(h)(i) for improper installation and insecure mounting; Section 32(7)(h)(ii) wiring and conduits - for improper routing, insecure mounting, and obvious defects; Section 32(7)(h)(iii) bonding and shielding for improper installation and poor condition; Section 32(7)(h)(iv) antenna including trailing antenna - for poor condition, insecure mounting, and improper operation; Section 32(7)(i) wiring and conduits for improper routing, Section 32(7)(i)(i) wiring and conduits for improper routing, Section 32(7)(i)(ii) insecure mounting, and obvious defects; Section 32(7)(i)(iii) bonding and shielding for improper installation and poor condition; and Section 32(7)(i)(v) each installed miscellaneous item that is not otherwise covered by this listing or has instructions for continued airworthiness for improper installation and improper operation. - 33
AIRCRAFT MAINTENANCE AND INSPECTION - 33. Airworthiness limitation performance rules
AI-assisted research summary: A person carrying out an inspection or other maintenance specified in an airworthiness limitations section or instructions for continued airworthiness must perform that work in accordance with that section or with specific operating provisions approved by the Authority.
Section 33. Airworthiness limitation performance rules Section A person performing an inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") or other maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") specified in an airworthiness limitations section of a current manufacturer's maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") manual, or instructions for continued airworthiness, shall perform the inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") or other maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") in accordance with that section, or in accordance with specific operating provisions ("a document describing the ratings, Class and or Limited, in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to the approved maintenance organisation;") approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") . - 34
AIRCRAFT MAINTENANCE AND INSPECTION - 34. Aircraft mass schedule
AI-assisted research summary: Operators must preserve an aircraft's mass schedule for six months after the next weighing; the Kenya Civil Aviation Authority may require or approve when and how an aircraft is weighed and its centre of gravity determined.
Section 34. Aircraft mass schedule Section 34(1) An aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in respect of which a certificate of airworthiness is issued under these Regulations shall be weighed and the position of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") 's centre of gravity determined, at such times and in such manner as the Authority ("the Kenya Civil Aviation Authority;") may require or approve in the case of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 34(2)(a) the basic mass of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , namely the mass of the empty aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") together with the mass of unusable fuel and unusable oil in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and of such items of equipment as are indicated in the mass schedule, or such other mass as may be approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") in the case of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; or Section 34(2)(b) the position of the centre of gravity of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") when the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") contains only the items included in the basic mass or such other position of the centre of gravity as may be approved by the Authority ("approved by the Authority directly or in accordance with a procedure approved by the Authority;") in the case of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 34(2)(c) the loading information shall include the empty mass of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , together with a definition of the condition of the aircraft ("any machine that derives 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 of weighing, the corresponding centre of gravity position, and the reference points and datum lines to which the centre of gravity limits are related; Section 34(2)(d) the loading information shall include the empty mass of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , together with a definition of the condition of the aircraft ("any machine that derives 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 of weighing, the corresponding centre of gravity position, and the reference points and datum lines to which the centre of gravity limits are related; Section 34(2)(e) the loading limitations shall include all limiting masses, centers of gravity positions, mass distributions, and floor loadings. Section 34(3) The mass schedule shall be preserved by the operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") until the expiration of a period of six months following the next occasion on which the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is weighed for the purpose of this Regulation. - 35
AIRCRAFT MAINTENANCE AND INSPECTION - 35. Markings and Placards
AI-assisted research summary: Sections on instruments, equipment and controls must include limitations or information needed to attract the direct attention of the flight crew during flight.
Section 35. Markings and Placards Section on instruments, equipment, controls, etc., shall include such limitations or information as necessary for the direct attention of the flight crew during flight; or
Part VI
AIRCRAFT NOISE CERTIFICATION
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AIRCRAFT NOISE CERTIFICATION - 36. Requirement of noise certification.
AI-assisted research summary: An aircraft must not land or take off in Kenya unless there is in force a noise certificate issued or rendered valid by the Kenya Civil Aviation Authority in which the aircraft is registered.
Section 36. Requirement of noise certification. Section 36(1) An aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") to which this regulation applies shall not land or take off in Kenya unless there is in force a noise certificate issued or rendered valid by the competent Authority ("the Kenya Civil Aviation Authority;") in which the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is registered. Section 36(2)(a) a statement of conformity issued by State of Manufacture ("a Contracting State under whose authority an aircraft was assembled,approved for compliance with the type certificate and all extant supplemental type certificates, test flown and approved for operation; the state of manufacture may or may not also be the state of design;") or exporting Authority ("the Kenya Civil Aviation Authority;") ; Section 36(2)(a)(i) a statement of conformity issued by State of Manufacture ("a Contracting State under whose authority an aircraft was assembled,approved for compliance with the type certificate and all extant supplemental type certificates, test flown and approved for operation; the state of manufacture may or may not also be the state of design;") or exporting Authority ("the Kenya Civil Aviation Authority;") ; Section 36(2)(a)(ii) the noise information determined in accordance with the applicable noise requirements. Section 36(2)(b) the noise information determined in accordance with applicable noise requirements, and Section 36(2)(b)(i) the noise information determined in accordance with applicable noise requirements, and Section 36(2)(b)(ii) historical records to establish the production, modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") and maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") standard ("an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved;") of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . - 37
AIRCRAFT NOISE CERTIFICATION - 37. Engine Emission certifications
AI-assisted research summary: Emissions certification for turbojet and turbofan engines must be granted by the Kenya Civil Aviation Authority based on satisfactory evidence that the engine meets requirements at least as stringent as these Regulations; the Authority must also recognize foreign certifications that are at least equally stringent, and certifications must include specified information (name of certificating authority; manufacturer type/model; modifications; rated thrust; reference pressure ratio; compliance with Smoke Number and gaseous pollutant requirements).
Section 37. Engine Emission certifications Section 37(1) The provisions of sub-regulations (2) and (3) shall apply to all turbojet and turbofan engines intended for propulsion. Section 37(2) Emissions certification shall be granted by the Authority ("the Kenya Civil Aviation Authority;") on the basis of satisfactory evidence ("a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement;") that the engine ("a unit used or intended to be used for aircraft propulsion, consisting of at least those components and equipment necessary for functioning and control, but excludes the propeller (if applicable);") complies with requirements which are at least equal to the stringency of the provisions of these Regulation. Section 37(3)(a) name of certificating authority; Section 37(3)(b) manufacturers type and model designation; Section 37(3)(c) statement of any additional modifications incorporated for the purpose of compliance with the applicable emissions certification requirements; Section 37(3)(d) rated thrust; Section 37(3)(e) reference pressure ratio; Section 37(3)(f) a statement indicating compliance with Smoke Number requirements; Section 37(3)(g) a statement indicating compliance with gaseous pollutant requirements. Section 37(4) The Authority ("the Kenya Civil Aviation Authority;") shall recognize as valid emissions certification granted by the certificating authority of another State provided that the requirements under which such certification was granted are not less stringent than the provisions of these Regulations. - 38
AIRCRAFT NOISE CERTIFICATION - 38. Issue, suspension, revocation ofaircraftnoise certificate
AI-assisted research summary: The Kenya Civil Aviation Authority must issue or validate noise certificates based on satisfactory evidence that the aircraft meets the applicable noise standards.
Section 38. Issue, suspension, revocation ofaircraftnoise certificate Section 38(1) An aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") included in the classification defined for noise certification purpose in Part A of the Second Schedule to these Regulations shall be issued with a noise certificate or a suitable statement attesting noise certification contained in another document approved ("accepted by the appropriate authority as suitable for a particular purpose;") by the State of Registry ("a Contracting State on whose register an aircraft is entered;") and required by that State to be carried in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 38(2) The noise certificate referred to in sub-regulation (1) shall be issued or validated by the Authority ("the Kenya Civil Aviation Authority;") on the basis of satisfactory evidence ("a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement;") that the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") complies with the requirements which are at least equal to the applicable standards specified in the Second Schedule to these Regulations. Section 38(3) The document attesting noise certification of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall provide information in accordance with Part B of the Second Schedule to these Regulations. Section 38(4)(a) suspend or revoke the noise certificate of aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") on the civil aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") register if the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ceases to comply with the applicable noise standards; and Section 38(4)(b) not re-instate or grant a new noise certificate unless the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is found on reassessment to comply with the applicable noise standards. Section 38(5) The provisions of sub regulation (2) to (4) shall apply to all engines included in the classifications defined for emission certification purposes where such engines are fitted to aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") engaged in international air navigation. Section 38(6) Where ownership of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") has changed the noise certificate shall be transferred together with the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 38(7)(a) compliance with the applicable type design, environmental protection and continuing airworthiness ("the set of processes by which an aircraft,engine,propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;") requirements; Section 38(7)(b) the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") for which the certificate is issued retains the same registration marks; and Section 38(7)(c) the certificate has not been suspended, surrendered or revoked.
Part VII
MAINTENANCE RECORDS AND ENTRIES
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MAINTENANCE RECORDS AND ENTRIES - 39. Keepingcertificate of release to servicerecords
AI-assisted research summary: Operators must keep a duplicate certificate of release to service.
Section 39. Keepingcertificate of release to servicerecords Section 39(1) All operators shall maintain a certificate of release to service ("a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority;") in duplicate. Section 39(2)(a) be effective from the date of issue; Section 39(2)(b) cease to be effective upon expiration of the period in calendar days or flight time, whichever is earlier as specified in the maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") schedule; and Section 39(2)(c) be kept on board the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and the original kept by the operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") . - 40
MAINTENANCE RECORDS AND ENTRIES - 40. Technical Logbook
AI-assisted research summary: When a person issues a certificate of release to service after rectifying a defect, that person must enter that certificate in the aircraft's technical logbook.
Section 40. Technical Logbook Section 40(1) A technical logbook shall be kept in respect of every aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") registered in Kenya in respect of which a certificate in either commercial air transport or aerial work ("an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction photography, surveying, observation and patrol, search and rescue, aerial advertisement etc.;") category is in force. Section 40(2) Technical logbook entries on defects which affect the airworthiness and safe operation of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall be made as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations 2018. Section 40(3) Upon rectification of any defect which has been entered in the technical logbook in accordance with sub-regulation (2) of this regulation, a person issuing a certificate of release to service ("a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority;") under Civil Aviation (Approved Maintenance Organisation) Regulations 2018, in respect of that defect shall enter that certificate in the technical logbook.Referenced legislation
- Civil Aviation (Approved Maintenance Organisation) Regulations 2018 (unresolved)
- Civil Aviation (Air Operator Certification and Administration) Regulations 2018 (unresolved)
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MAINTENANCE RECORDS AND ENTRIES - 41. Aircraft, engine and propeller logbooks.
AI-assisted research summary: Operators must keep (or cause to be kept) required aircraft, engine and propeller log books.
Section 41. Aircraft, engine and propeller logbooks. Section 41(1)(a) an aircraft log book; Section 41(1)(b) a separate log book in respect of each engine fitted in the aircraft; and Section 41(1)(c) a separate log book in respect of each variable pitch propeller fitted to the aircraft; Section 41(2) The log books shall include the particulars respectively specified in the Third Schedule to these Regulations and in the case of an aircraft having a maximum certificated take-off mass of 2730 kg or less, shall be of a type approved by the Authority. Section 41(3) An entry in a log book other than such an entry as is referred to in sub-paragraphs 2(d) (ii) or 3 (d)(ii) of the Third Schedule to these Regulations shall be made as soon as practicable after the occurrence to which it relates, but not more than 7 days after the expiration of the Certificate of Release to Service, in force in respect of the aircraft at the time of the occurrence. Section 41(4) An entry in a log book, being such an entry as is referred to in sub-paragraphs 2(d) (ii) or 3(d)(ii) of the Third Schedule to these Regulations shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be. Section 41(5) Entries in the log book may refer to other documents which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of these regulations to be part of the log book. Section 41(6) It shall be the duty of the operator of every Aircraft in respect of which log books are required to be kept to keep the log books or cause them to be kept in accordance with these regulations. Section 41(7) Subject to this regulation, every log book shall be preserved by the operator of the aircraft until a date 2 years after the aircraft, the engine or the variable pitch propeller as the case may be, has been destroyed or has been permanently withdrawn form use. - 42
MAINTENANCE RECORDS AND ENTRIES - 42. Maintenance Records
AI-assisted research summary: Maintenance records for work must include a description or reference to acceptable data, completion date, and the name, signature and licence number of the person approving the work; records of major repairs and modifications must be entered on the prescribed Fourth Schedule form, executed in duplicate, a signed copy given to the owner/operator and a copy forwarded to the Authority within forty eight hours; a person supervised by a LAME must not perform required inspections or inspections after major repair or modification.
Section 42. Maintenance Records Section 42(1)(a) a description or reference to data acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") of work performed; Section 42(1)(b) completion date of the work performed; and Section 42(1)(c) name, signature ("an individual's unique identification used as a means of authenticating any record entry or a maintenance record; a signature may be hand-written, electronic or any other form acceptable to the Authority;") and licence number of the person approving the work. Section 42(2) The signature ("an individual's unique identification used as a means of authenticating any record entry or a maintenance record; a signature may be hand-written, electronic or any other form acceptable to the Authority;") required by sub-regulation (1) (c) shall constitute the approval for return to service only for the work performed. Section 42(3) A person working under the supervision of a LAME shall not perform any inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") required in these Regulations, or any inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") performed after a major repair ("a repair of an aeronautical product that might appreciably affect the structural strength, performance,power plant, operation flight characteristics or other qualities affecting airworthiness or environmental characteristics or that will be embodied in the product using non- standard practices;") or modification ("a change to the type design of an aircraft or aeronautical product which is not a repair;") . Section 42(4) A person performing the work referred to in sub regulation (1) shall enter records of major repairs and major modifications, on a prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") form set out in the Fourth Schedule. Section 42(5)(a) execute the appropriate form prescribed ("the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states "shall," or a discretionary requirement if the written policy or methodology states "may";") by the Authority ("the Kenya Civil Aviation Authority;") at least in duplicate; Section 42(5)(b) give a signed copy of that form to the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") owner or operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") ; and Section 42(5)(c) forward a copy of that form to the Authority ("the Kenya Civil Aviation Authority;") , in accordance with Authority ("the Kenya Civil Aviation Authority;") instructions, within forty eight hours after the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") is approved ("accepted by the appropriate authority as suitable for a particular purpose;") for return to service. Section 42(6)(a) use the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") owner or operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") 's work order upon which the repair ("restoration of an aeronautical product to an airworthy condition and to ensure that the aircraft continues to comply with the design aspects of the airworthiness requirements used for the issue of a type certificate, for that aircraft type, after the aircraft has been damaged or subjected to wear;") is recorded; Section 42(6)(b) give the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") owner or operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") 's a signed copy of the work order and retain a duplicate copy for at least one year from the date of approval for return to service of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") ; Section 42(6)(c) identity of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") ; Section 42(6)(c)(i) identity of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") ; Section 42(6)(c)(ii) the make, model, serial number, nationality and registration marks, and location of the repaired area of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") ; Section 42(6)(c)(iii) the manufacturer's name, name of the part, model, and serial numbers if any of an aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") ; and Section 42(6)(c)(iv) signature ("an individual's unique identification used as a means of authenticating any record entry or a maintenance record; a signature may be hand-written, electronic or any other form acceptable to the Authority;") of the authorised representative, the name and address of the AMO and AMO certificate number. - 43
MAINTENANCE RECORDS AND ENTRIES - 43. Records ofoverhauland rebuilding
AI-assisted research summary: Prohibits a person from recording an aircraft or aircraft component as rebuilt in required maintenance records unless it has been disassembled, cleaned, inspected, repaired, reassembled and tested to the same tolerances and limits as a new item using appropriate parts.
Section 43. Records ofoverhauland rebuilding Section 43(1)(a) disassembled, cleaned, inspected as permitted, repaired as necessary, and reassembled using methods, techniques, and practices acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") ; and Section 43(1)(b) tested in accordance with approved ("accepted by the appropriate authority as suitable for a particular purpose;") standards and technical data, or in accordance with current standards and technical data acceptable ("the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation;") to the Authority ("the Kenya Civil Aviation Authority;") , which have been developed and documented by the holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance ("any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe,engine or propeller;") manufacturing approval. Section 43(2) A person shall not record in any required maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") entry or form an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") as being rebuilt unless the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or aircraft component ("any component part of an aircraft up to and including a complete engine or any operational or emergency equipment;") has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits. - 44
MAINTENANCE RECORDS AND ENTRIES - 44. Approval for return to service
AI-assisted research summary: Approval for return to service requires that an appropriate maintenance record entry has been made in accordance with these Regulations.
Section 44. Approval for return to service Section the appropriate maintenance ("that the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul,inspection, replacement, defect rectification, and the embodiment of a modification or repair;") record entry has been made in accordance with these Regulations; - 45
MAINTENANCE RECORDS AND ENTRIES - 45. Content, form, and disposition of records for inspections
AI-assisted research summary: If during a required inspection a person finds the aircraft is not airworthy or does not meet applicable approved data, that person must give the owner or operator a signed and dated list of discrepancies.
Section 45. Content, form, and disposition of records for inspections Section 45(1)(a) type of inspection and a brief description of the extent of the inspection; Section 45(1)(b) date of inspection; Section 45(1)(c) aircraft total time and cycles in service; Section 45(1)(d) signature, the license number held by the person approving return to service the aircraft or aircraft component; Section 45(1)(e) if the aircraft is found to be airworthy and approved for return to service, the person shall include a statement certifying that the aircraft has been inspected in accordance with the type of work and was determined to be in an airworthy condition; Section 45(1)(f) if the aircraft is not approved for return to service because the aircraft needs maintenance, non-compliance with the applicable specifications, airworthiness directives, or other approved data, a statement that the aircraft has been inspected in accordance with inspection and a dated list of discrepancies and unairworthy items have been provided to the aircraft owner or operator; and Section 45(1)(g) if an inspection is conducted under an inspection programme provided for in the Civil Aviation (Operation of Aircraft) Regulations, 2018, the person performing the inspection shall make an entry identifying the inspection program accomplished, and containing a statement that the inspection was performed in accordance with the type of inspections and procedures for that particular programme. Section 45(2) A person performing any inspection required in the Civil Aviation (Operation of Aircraft) Regulations, 2018, who finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives or other approved data upon which the aircraft's airworthiness depends, shall give the owner or operator a signed and dated list of those discrepancies.Referenced legislation
- Civil Aviation (Operation of Aircraft) Regulations, 2018 (unresolved)
- Civil Aviation (Operation of Aircraft) Regulations, 2018 (unresolved)
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MAINTENANCE RECORDS AND ENTRIES - 46. Damage toaircraft
AI-assisted research summary: The Kenya Civil Aviation Authority must assess aircraft damage, prohibit flight until the aircraft is restored to an airworthy condition, notify the State of Registry for foreign-registered aircraft immediately, and may in exceptional circumstances allow a limited non-commercial flight under prescribed conditions to reach a place of repair.
Section 46. Damage toaircraft Section 46(1) Where an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") registered in Kenya or in another Contracting State has sustained damage, the Authority ("the Kenya Civil Aviation Authority;") shall judge whether the damage is of a nature that affects the airworthiness of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and prohibit the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") from resuming flight, until it is restored to an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition. Section 46(2) Where the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") is from another Contracting State, the Authority ("the Kenya Civil Aviation Authority;") shall notify the State of Registry ("a Contracting State on whose register an aircraft is entered;") of that aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") immediately. Section 46(3) Notwithstanding sub-regulation (1), the Authority ("the Kenya Civil Aviation Authority;") may, in exceptional circumstances, prescribe particular limiting conditions to permit the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") to fly a non-commercial air transport operation to an aerodrome at which it will be restored to an airworthy ("the status of an aircraft,engine,propeller or part when it conforms to its approved design and is in a condition for safe operation;") condition.
Part VIII
GENERAL PROVISIONS
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GENERAL PROVISIONS - 47. Possession of the license, certificate or authorisation
AI-assisted research summary: Holders of licences, certificates or authorisations issued by the Authority must carry them physically or have them at the work site while exercising their privileges; crew members of foreign-registered aircraft must hold valid credentials and likewise have them physically or at the work site while exercising privileges.
Section 47. Possession of the license, certificate or authorisation Section 47(1) A holder of a licence, certificate or authorisation issued by the Authority ("the Kenya Civil Aviation Authority;") shall have in his or her physical possession or at the work site when exercising the privileges of that license, certificate or authorisation. Section 47(2) A crew member of a foreign registered aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall hold a valid license, certificate or authorisation and have in his or her physical possession or at the work site when exercising the privileges of that license, certificate or authorisation. - 48
GENERAL PROVISIONS - 48. Inspection of licenses, certificates and authorisation
AI-assisted research summary: A person who holds a licence, certificate or authorisation required by these Regulations must present it for inspection when requested by the Authority or a person authorised by the Authority.
Section 48. Inspection of licenses, certificates and authorisation Section A person who holds a license, certificate, or authorisation required by these Regulations shall present it for inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") upon a request from the Authority ("the Kenya Civil Aviation Authority;") or any other person authorised by the Authority ("the Kenya Civil Aviation Authority;") . - 49
GENERAL PROVISIONS - 49. Change of Address
AI-assisted research summary: A person must notify the Kenya Civil Aviation Authority of a change of physical address at least fourteen days before the change, and must notify of a change in mailing address upon the change; failure to notify within the specified time for physical address means the person shall not exercise the privileges of the certificate or authorisation.
Section 49. Change of Address Section 49(1)(a) physical address, at least fourteen days before the change; and Section 49(1)(b) mailing address, upon the change. Section 49(2) A person who does not notify the Authority ("the Kenya Civil Aviation Authority;") of the change in the physical address within the time frame specified in sub-regulation (1) shall not exercise the privileges of the certificate or authorisation. - 50
GENERAL PROVISIONS - 50. Replacement of documents
AI-assisted research summary: A person may apply to the Kenya Civil Aviation Authority for replacement of documents issued under these Regulations if those documents are lost or destroyed.
Section 50. Replacement of documents Section A person may apply to the Authority ("the Kenya Civil Aviation Authority;") for replacement of documents issued under these Regulations if such documents are lost or destroyed. - 51
GENERAL PROVISIONS - 51. Suspension and revocations of certificates
AI-assisted research summary: The Kenya Civil Aviation Authority may suspend provisionally, revoke, suspend or vary certificates or other documents and may prevent persons or aircraft from flying; holders of revoked, suspended or varied documents must surrender them to the Authority within 14 days; breach of a condition renders the document invalid while the breach continues.
Section 51. Suspension and revocations of certificates Section 51(1) The Authority ("the Kenya Civil Aviation Authority;") may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate or any such other document issued under these Regulations. Section 51(2) The Authority ("the Kenya Civil Aviation Authority;") may, upon the completion of an investigation which has shown sufficient ground to the Authority ("the Kenya Civil Aviation Authority;") 's satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any certificate or any other document issued or granted under these Regulations. Section 51(3) The Authority ("the Kenya Civil Aviation Authority;") may, where it considers it to be in the public interest, prevent any person or aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") from flying. Section 51(4) A holder or any person having the possession or custody of any certificate or any such other documents which have been revoked, suspended or varied under these Regulations shall surrender the certificate, licence or such other documents to the Authority ("the Kenya Civil Aviation Authority;") within 14 days from the date of revocation, suspension or variation. Section 51(5) The breach of any condition subject to which any certificate or any such other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach. - 52
GENERAL PROVISIONS - 52. Use and retention of certificates and records
AI-assisted research summary: Section 52 prohibits a person from using forged/altered certificates or other required documents, forging or altering such documents, lending them, making false representations to obtain certificates, damaging required records, purporting to issue certificates without authorization, and issuing certificates without first ensuring statements are correct and the applicant is qualified.
Section 52. Use and retention of certificates and records Section 52(1)(a) use any certificate, or such other document issued or required under these Regulations which has been forged, altered, revoked, or suspended, or to which that person is not entitled; Section 52(1)(b) forge or alter any certificate or any such other document issued or required by or under these Regulations; Section 52(1)(c) lend any certificate or any such other document issued or required under these Regulations to any other person; or Section 52(1)(d) make any false representation for the purpose of procuring for himself or herself or any other person the issue, renewal or variation of the certificate or any such other document. Section 52(2) During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or willfully omit to make a material entry in such record. Section 52(3) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material. Section 52(4) A person shall not purport to issue any certificate or any such other document for the purpose of these Regulations unless he is authorised to do so under these Regulations. Section 52(5) A person shall not issue any certificate of the kind referred to in sub-regulation unless he has satisfied himself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate. - 53
GENERAL PROVISIONS - 53. Reports of violation
AI-assisted research summary: People who know of violations of the Civil Aviation Act, 2013 (or related rules, regulations or orders) must report them to the Authority; the Authority will determine any further investigation or enforcement action.
Section 53. Reports of violation Section 53(1) A person who knows of a violation of the Civil Aviation Act, 2013 or any rule, regulation or order made there-under, shall report it to the Authority. Section 53(2) The Authority will determine the nature and type of any additional investigation or enforcement action that need be taken.Referenced legislation
- Civil Aviation Act, 2013 (unresolved)
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GENERAL PROVISIONS - 54. Enforcement of directions
AI-assisted research summary: If a person fails to comply with a direction from the Authority or an authorised person under these Regulations, that failure is deemed to be a contravention of the relevant provision.
Section 54. Enforcement of directions Section A person who fails to comply with any direction given to him or her by the Authority ("the Kenya Civil Aviation Authority;") or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision. - 55
GENERAL PROVISIONS - 55. Aeronautical user fees
AI-assisted research summary: The Kenya Civil Aviation Authority must notify fees for certificates, licences, tests, inspections and approvals; applicants must pay applicable fees before applications are entertained; fees paid are not refunded if the application is withdrawn, ceases to have effect, or is refused.
Section 55. Aeronautical user fees Section 55(1) The Authority ("the Kenya Civil Aviation Authority;") shall notify the fees to be charged in connection with the issue, validation ("confirmation by a contracting state on the basis of satisfactory evidence that the specific intended use or application complies with the requirements or standards of the state") , renewal, extension or variation of any certificate, licence or such other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection ("the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;") or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder. Section 55(2) Upon an application being made in connection with which any fee is chargeable in accordance with the sub-regulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable. Section 55(3) If payment of a fee has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority ("the Kenya Civil Aviation Authority;") , shall not refund the payment made. - 56
GENERAL PROVISIONS - 56. Application of Regulations to Government and visiting forces, etc.
AI-assisted research summary: Regulations apply to government aircraft (not military ones); the Department or authority responsible for managing such aircraft is to be treated as the operator and, for Government aircraft, as holding the Government's ownership interest; visiting forces and related property are exempt to the extent described.
Section 56. Application of Regulations to Government and visiting forces, etc. Section 56(1) These Regulations shall apply to aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , not being military aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the Department or other authority for the time being responsible for management of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") shall be deemed to be the operator ("a person, organization or enterprise, engaged in or offering to engage in an aircraft organization;") of the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , and in the case of an aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") belonging to the Government, to be the owner of the interest of the Government in the aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") . Section 56(2) Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempt from the provision of these regulations to the same extent as if the visiting force formed part of the military force of Kenya. - 57
GENERAL PROVISIONS - 57. Extra-territorial application of the regulations
AI-assisted research summary: Regulations in this section apply to aircraft registered in Kenya wherever those aircraft may be.
Section 57. Extra-territorial application of the regulations Section in so far as they apply, whether by express reference or otherwise, to aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") registered in Kenya, apply to such aircraft ("any machine that derives support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") wherever they may be;
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Civil Aviation (Airworthiness) Regulations, 2018
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