Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018
These Regulations may be cited as the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 97 of 2018
- Version
- Undated source snapshot
- Language
- en
Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.
Source attribution: Source: Kenya Law
Statute overview
About this statute
These Regulations may be cited as the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018. Defines "Take-off alternate" as an alternate heliport where a helicopter can land shortly after take-off if the departure heliport cannot be used. Operators must ensure pilots and flight crew are familiar with relevant laws and procedures; operators or designated representatives hold operational control; flight operations officers and pilots-in-command must notify authorities in emergencies and report violations (reports normally within ten days); operators must provide SAR info onboard and ensure crew radiotelephony language ability. The Authority must immediately notify a foreign operator when it identifies non-compliance or a serious safety issue, and must notify relevant States and consult with them where applicable. Operators must not operate certain large or outfitted helicopters with a flight data recorder unless they have an authority‑acceptable flight data analysis programme; operators may contract analysis (with Authority approval) but must retain responsibility; operators must establish an Authority‑acceptable flight safety documents system; no person may carry dangerous goods on a helicopter unless carried in compliance with the Civil Aviation carriage provisions.
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Provisions of Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018
Showing 148 of 148
Part I
PRELIMINARY PROVISIONS
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PRELIMINARY PROVISIONS - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018.
Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018. - 2
PRELIMINARY PROVISIONS - 2. Interpretation
AI-assisted research summary: Defines "Take-off alternate" as an alternate heliport where a helicopter can land shortly after take-off if the departure heliport cannot be used.
Section 2. Interpretation Section " Take-off alternate " means an alternate heliport at which a helicopter would be able to land should this become necessary shortly after take-off and it is not possible to use the heliport of departure;
Part II
GENERAL OPERATIONS REQUIREMENTS
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GENERAL OPERATIONS REQUIREMENTS - 3. Compliance with laws, regulations and procedures
AI-assisted research summary: Operators must ensure pilots and flight crew are familiar with relevant laws and procedures; operators or designated representatives hold operational control; flight operations officers and pilots-in-command must notify authorities in emergencies and report violations (reports normally within ten days); operators must provide SAR info onboard and ensure crew radiotelephony language ability.
Section 3. Compliance with laws, regulations and procedures Section 3(1)(a) comply with the Kenyan laws, regulations and procedures; Section 3(1)(b) comply with the laws, regulations and procedures of any other State in which operations are conducted. Section 3(2) The operator shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the heliports to be used and the air navigation facilities relating thereto. Section 3(3) The operator shall ensure that other members of the flight crew are familiar with such of these regulations and procedures as are pertinent to the performance of their respective duties in the operation of the helicopter. Section 3(4) The operator or a designated representative shall have responsibility for operational control. Section 3(5) Responsibility for operational control shall be delegated only to the pilot-in-command and to a flight operations officer/flight dispatcher if the operator's approved method control and supervision of flight operations requires the use of flight operations officer/flight dispatcher personnel. Section 3(6) If an emergency situation which endangers the safety of the helicopter or persons becomes known first to the flight operations officer/flight dispatcher, action by that person, where necessary, shall notify the appropriate authorities of the nature of the situation without delay, and requests for assistance if required. Section 3(7) If an emergency situation which endangers the safety of the helicopter or persons necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall notify the appropriate local authority without delay. If required by the State in which the incident occurs, the pilot-in-command shall submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command shall also submit a copy of it to the Authority. Such reports shall be submitted as soon as possible and normally within ten days. Section 3(8) The operator shall ensure the pilot-in-command has available on board the helicopter all the essential information concerning the search and rescue services in the area over which the helicopter will be flown. Section 3(9) The operator shall ensure that flight crew members demonstrate the ability to speak and understand the language used for radiotelephony communications as specified in Civil Aviation (Personnel Licensing) Regulations.Referenced legislation
- Civil Aviation (Personnel Licensing) Regulations (unresolved)
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GENERAL OPERATIONS REQUIREMENTS - 4. Compliance by a foreign operator with laws, regulations and procedures of a state
AI-assisted research summary: The Authority must immediately notify a foreign operator when it identifies non-compliance or a serious safety issue, and must notify relevant States and consult with them where applicable.
Section 4. Compliance by a foreign operator with laws, regulations and procedures of a state Section 4(1) When the Authority identifies a case of non-compliance or suspected non-compliance by a foreign operator with the laws, regulations and procedures applicable within Kenya, or a similar serious safety issue with that operator, the Authority shall immediately notify the operator and, if the issue warrants it, the State of the operator. Section 4(2) Where the State of Operator and the State of Registry are different, such notification referred to under subregulation (1) shall also be made to the State of Registry, if the issue falls within the responsibilities of that State and warrants a notification. Section 4(3) In the case of notification to States as specified in subregulation (1), if the issue and its resolution warrant it, the Authority shall engage in consultations with the State of operator and the State of Registry, as applicable, concerning the safety standards maintained by the operator. - 5
GENERAL OPERATIONS REQUIREMENTS - 5. Safety management
AI-assisted research summary: Operators must not operate certain large or outfitted helicopters with a flight data recorder unless they have an authority‑acceptable flight data analysis programme; operators may contract analysis (with Authority approval) but must retain responsibility; operators must establish an Authority‑acceptable flight safety documents system; no person may carry dangerous goods on a helicopter unless carried in compliance with the Civil Aviation carriage provisions.
Section 5. Safety management Section 5(1) An operator shall not operate a helicopter of a certified take-off mass in excess of 7 000 kg or having a passenger seating configuration of more than 9 and fitted with a flight data recorder unless that person has established and maintained a flight data analysis programme, acceptable to the authority as part of its safety management system. Section 5(2) The operator may, with the approval of the Authority, contract the operation of a flight data analysis programme to another party while retaining overall responsibility for the maintenance of such a programme. Section 5(3) A flight data analysis programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data. Section 5(4) The operator shall establish a flight safety documents system, acceptable to the Authority, for the use and guidance of operational personnel, as part of its safety management system. Section 5(5) No person shall carry dangerous goods on board a helicopter unless the dangerous goods are carried in compliance with the provisions for carriage of dangerous goods contained in Civil Aviation (Air Operator Certification & Administration) Regulations.Referenced legislation
- Civil Aviation (Air Operator Certification & Administration) Regulations (unresolved)
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GENERAL OPERATIONS REQUIREMENTS - 6. Dangerous goods
AI-assisted research summary: A person must not carry dangerous goods on board a helicopter unless those goods are carried in compliance with the Civil Aviation (Air Operator Certification & Administration) Regulations.
Section 6. Dangerous goods Section A person shall not carry dangerous goods on board a helicopter unless the dangerous goods are carried in compliance with the provisions for carriage of dangerous goods contained in Civil Aviation (Air Operator Certification & Administration) Regulations.Referenced legislation
- Civil Aviation (Air Operator Certification & Administration) Regulations (unresolved)
- 7
GENERAL OPERATIONS REQUIREMENTS - 7. Use of Psychoactive substances
AI-assisted research summary: Flight crew members and safety-sensitive personnel must not perform safety-related functions while under the influence of any psychoactive substance that impairs performance.
Section 7. Use of Psychoactive substances Section 7(1) A flight crew member shall not perform any function specified in the privileges applicable to his or her licence if he or she is under the influence of any psychoactive substance which may render him or her unable to perform such functions in a safe and proper manner. Section 7(2) A safety-sensitive personnel shall not undertake any of their function while under the influence of any psychoactive substance, by reason of which human performance is impaired.
Part III
FLIGHT OPERATIONS
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FLIGHT OPERATIONS - 10. Surveillance of operations by a foreign operator
AI-assisted research summary: The Authority must recognize valid foreign Air Operator Certificates that meet equivalent standards; the Authority must set up surveillance procedures for foreign operators in Kenya; and the operator must meet and maintain Authority requirements.
Section 10. Surveillance of operations by a foreign operator Section 10(1) The Authority shall recognize as valid an Air Operator Certificate issued by another Contracting State provided that the requirements under which the certificate was issued are at least equal to the applicable standards. Section 10(2) The Authority shall establish a programme with procedures for the surveillance of operations in Kenya by foreign operators and for taking appropriate action when necessary to preserve safety. Section 10(3) The operator shall meet and maintain the requirements established by the Authority. - 11
FLIGHT OPERATIONS - 11. Operations manual
AI-assisted research summary: Operators must provide and keep an operations manual, supply copies for Authority review/approval, and include mandatory material required by the Authority; the Authority must establish the requirement for operators to provide copies for review and approval.
Section 11. Operations manual Section 11(1) The operator shall provide for the use and guidance of operations personnel concerned, an operations manual as prescribed and developed in accordance with the Civil Aviation (Air Operator Certificate and Administration) Regulations. The Operations Manual shall be amended or revised as is necessary to ensure that the information contained therein is kept up to date. All such amendments or revisions shall be notified to all personnel that are required to use this manual. Section 11(2) The Authority shall establish a requirement for the operator to provide a copy of the operations manual together with all amendments or revisions, for review and acceptance and, where required, approval. The operator shall incorporate in the operations manual such mandatory material as the Authority may requireReferenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
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FLIGHT OPERATIONS - 12. Operating instructions - general
AI-assisted research summary: The operator must ensure operations personnel are properly instructed, provide training and procedures for non-pilot personnel who may turn rotors under power for non-flight purposes, and issue climb-performance operating instructions based on manufacturer or Authority-acceptable data.
Section 12. Operating instructions - general Section 12(1) The operator shall ensure that all operations personnel are properly instructed in their particular duties, responsibilities and the relationship of such duties to the operation as a whole. Section 12(2) A helicopter rotor shall not be turned under power, for the purpose of flight, without a qualified pilot at the controls. The operator shall provide appropriately specific training and procedures to be followed for all personnel, other than qualified pilots, who are likely to carry out the turning of a rotor under power for purposes other than flight. Section 12(3) The operator shall issue operating instructions and provide information on helicopter climb performance with all engines operating to enable the pilot-in-command to determine the climb gradient that can be achieved during the take-off and initial climb phase for the existing take-off conditions and intended take-off technique. This information shall be based on the helicopter manufacturer's or other data, acceptable to the Authority, and should be included in the operations manual. - 13
FLIGHT OPERATIONS - 13. In-flight simulation of emergency situations
AI-assisted research summary: Operators must ensure that no emergency or abnormal situations are simulated while passengers or cargo are on board.
Section 13. In-flight simulation of emergency situations Section The operator shall ensure that when passengers or cargo are being carried, no emergency or abnormal situations shall be simulated. - 14
FLIGHT OPERATIONS - 14. Checklists
AI-assisted research summary: Flight crews must use the required checklists before, during, after all phases of operations and in emergencies to ensure compliance with the relevant operating manuals.
Section 14. Checklists Section The checklists provided in accordance with these Regulations shall be used by flight crews prior to, during and after all phases of operations, and in emergency, to ensure compliance with the operating procedures contained in the helicopter operating manual, the helicopter flight manual or other documents associated with the certificate of airworthiness and otherwise in the operations manual. The design and utilization of checklists shall observe Human Factors principles. - 15
FLIGHT OPERATIONS - 15. Minimum flight altitudes (operations under IFR)
AI-assisted research summary: Operators may establish minimum flight altitudes for routes if those altitudes are not lower than the State-established altitudes unless specifically approved; operators must specify their method and include it in the operations manual; the Authority must approve the method.
Section 15. Minimum flight altitudes (operations under IFR) Section 15(1) The operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over or the responsible State, provided that they shall not be less than those established by that State, unless specifically approved. Section 15(2) The minimum flight altitudes determined in accordance with the above method shall not be lower than specified in Civil Aviation (Rules of the air) Regulations. Section 15(3) The operator shall specify the method by which the operator intends to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over, or the responsible State, and shall include this method in the operations manual. Section 15(4) The method for establishing the minimum flight altitudes shall be approved by the Authority. Section 15(5)(a) the accuracy and reliability with which the position of the helicopter can be determined; Section 15(5)(b) inaccuracies in the indications of the altimeters used; Section 15(5)(c) the characteristics of the terrain (e.g. sudden changes in the elevation); Section 15(5)(d) the probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); Section 15(5)(e) possible inaccuracies in aeronautical charts; and airspace restrictions.Referenced legislation
- Civil Aviation (Rules of the air) Regulations (unresolved)
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FLIGHT OPERATIONS - 16. Heliport or landing location operating minima
AI-assisted research summary: Operators must set operating minima for each heliport or landing location; the Authority must approve the method used to determine those minima.
Section 16. Heliport or landing location operating minima Section 16(1) The operator shall establish operating minima for each heliport or landing location to be used in operations and the method of determination of such minima shall be approved by the Authority and such minima shall not be lower than any that may be established for such heliports or landing locations by the Authority, except when specifically approved. Section 16(2)(a) for the purposes of an approach ban; a minima below the heliport or landing location operating minima; Section 16(2)(b) reducing or satisfying the visibility requirements; or Section 16(2)(c) requiring fewer ground facilities as compensated for by airborne capabilities. Section 16(3)(a) the type, performance and handling characteristics of the helicopter; Section 16(3)(b) the composition of the flight crew, their competence and experience; Section 16(3)(c) the physical characteristics of the heliport, and direction of approach; Section 16(3)(d) the adequacy and performance of the available visual and non-visual ground aids; Section 16(3)(e) the equipment available on the helicopter for the purpose of navigation, acquisition of visual references and/or control of the flight path during the approach, landing and missed approach; Section 16(3)(f) the obstacles in the approach and missed approach areas and the obstacle clearance altitude/height for the instrument approach procedures; Section 16(3)(g) means used to determine and report meteorological conditions; and Section 16(3)(h) the obstacles in the climb-out areas and necessary clearance margins. Section 16(4)(a) Type A: a minimum descent height or decision height at or above 75 m (250 ft): and Section 16(4)(b) Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m; Section 16(4)(b)(i) Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m; Section 16(4)(b)(ii) Category II (CAT II): a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft) and a runway visual range not less than 300 m; Section 16(4)(b)(iii) Category IIIA (CAT IIIA): a decision height lower than 30m (100 ft) or no decision height and a runway visual range not less than 175 m; Section 16(4)(b)(iv) Category IIIB (CAT IIIB): a decision height lower than 15m (50 ft). or no decision height and a runway visual range less than 175 m but not less than 50 m; and Section 16(4)(b)(v) Category IIIC (CAT IIIC): no decision height and no runway visual range limitations. Section 16(5) Category II and Category Ill instrument approach operations shall not be authorized unless RVR information is provided. Section 16(6) The operating minima for 2D instrument approach operations using instrument approach procedures shall be determined by establishing a minimum descent altitude (MDA) or minimum descent height (MDH), minimum visibility and, if necessary, cloud conditions. Section 16(7) The operating minima for 3D instrument approach operations using instrument approach procedures shall be determined by establishing a decision altitude (DA) or decision height (DH) and the minimum visibility or RVR. - 17
FLIGHT OPERATIONS - 17. Fuel and oil records.
AI-assisted research summary: The operator must keep fuel and oil records to allow the Authority to check compliance with Regulation 25 for each flight, and must retain those records for three months.
Section 17. Fuel and oil records. Section 17(1) The operator shall maintain fuel and oil records to enable the Authority to ascertain that, for each flight, the requirements of Regulation 25 have been complied with. Section 17(2) Fuel and oil records shall be retained by the operator for a period of three months. - 18
FLIGHT OPERATIONS - 18. Crew
AI-assisted research summary: Operators must (1) designate one pilot as pilot-in-command for each flight; (2) formulate rules limiting flight time and duty periods and provide adequate rest for crew, aligned with Authority regulations and included in the operations manual; and (3) maintain current records of flight time, duty periods and rest periods for all crew members.
Section 18. Crew Section 18(1) For each flight, the operator shall designate one pilot to act as pilot-in-command. Section 18(2) The operator shall formulate rules to limit flight time and flight duty periods and for the provision of adequate rest periods for all its crew members. These rules shall be in accordance with the regulations established by the Authority, and included in the operations manual. Section 18(3) The operator shall maintain current records of the flight time, flight duty periods and rest periods of all its crew members. - 19
FLIGHT OPERATIONS - 19. Passengers
AI-assisted research summary: Section 19. Passengers Section 19(1)(a) seat belts or harnesses; Section 19(1)(b) emergency exits; Section 19(1)(c) life jackets, if the carriage of life jackets is prescribed; Section 19(1)(d) other emergency equipment provided for
Section 19. Passengers Section 19(1)(a) seat belts or harnesses; Section 19(1)(b) emergency exits; Section 19(1)(c) life jackets, if the carriage of life jackets is prescribed; Section 19(1)(d) other emergency equipment provided for individual use, including passenger emergency briefing cards Section 19(2) The operator shall ensure that the passengers are informed of the location and general manner of use of the principal emergency equipment carried for collective use. Section 19(3) The operator shall ensure that in an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances. Section 19(4) The operator shall ensure that, during take-off and landing and whenever considered necessary by reason of turbulence or any emergency occurring during flight, all passengers on board a helicopter shall be secured in their seats by means of the seat belts or harnesses provided. - 20
FLIGHT OPERATIONS - 20. Over-water flights
AI-assisted research summary: A person must not operate a helicopter on flights over water in a hostile environment unless the helicopter is certificated for ditching.
Section 20. Over-water flights Section A person shall not operate a helicopter on flights over water in a hostile environment in accordance with these regulation unless the helicopter is certificated for ditching. Sea state shall be an integral part of ditching information. - 21
FLIGHT OPERATIONS - 21. Flight preparation
AI-assisted research summary: The operator must keep completed flight preparation forms for a period of three months.
Section 21. Flight preparation Section 21(1)(a) the helicopter is airworthy; Section 21(1)(b) the instruments and equipment prescribed in Civil Aviation (Instrument and Equipment) Regulations, for the particular type of operation to be undertaken, are installed and are sufficient for the flight; Section 21(1)(c) a certificate of release to service has been issued in respect of the helicopter; Section 21(1)(d) the mass of the helicopter and centre of gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected; Section 21(1)(e) any load carried is properly distributed and safely secured; Section 21(1)(f) a check has been completed indicating that the operating limitations of Part III can be complied with for the flight to be undertaken; and Section 21(1)(g) the Standards of these regulations relating to operational flight planning have been complied with. Section 21(2) Completed flight preparation forms shall be kept by the operator for a period of three months.Referenced legislation
- Civil Aviation (Instrument and Equipment) Regulations (unresolved)
- 22
FLIGHT OPERATIONS - 22. Operational flight planning
AI-assisted research summary: A person must not start a helicopter flight unless there is an operational flight plan approved by the pilot-in-command and lodged with the appropriate authority; the operator must determine how to lodge plans; the operations manual must describe plan content and use.
Section 22. Operational flight planning Section 22(1) A person shall not commence a flight in a helicopter unless there is a an operational flight plan completed for every intended flight or series of flights, and approved by the pilot-in-command, and shall be lodged with the appropriate authority. The operator shall determine the most efficient means of lodging the operational flight plan. Section 22(2) The operations manual shall describe the content and use of the operational flight plan. - 23
FLIGHT OPERATIONS - 23. Alternate heliports
AI-assisted research summary: Persons must not commence a flight unless a suitable take-off alternate heliport is selected and specified when departure weather is at or below heliport operating minima; the selected take-off alternate must indicate conditions at estimated time of use will meet operating minima.
Section 23. Alternate heliports Section 23(1) A person shall not commence a flight unless a take-off alternate heliport is selected and specified in the operational flight plan if the weather conditions at the heliport of departure are at or below the applicable heliport operating minima. Section 23(2) A person shall not commence a flight unless the information available for the heliport to be selected as a take-off alternate indicates that, at the estimated time of use, the conditions will be at or above the heliport operating minima for that operation. Section 23(3)(a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the heliport of intended landing, and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions as prescribed by the Authority; or Section 23(3)(b) the heliport of intended landing is isolated and no alternate is available. A point of no return (PNR) shall be determined. Section 23(4) For a heliport to be seleted as a destination alternate, the available information shall indicate that, at the estimated time of use, the conditions will be at or above the heliport operating minima for that operation. Section 23(5) For a flight departing to a desitination which is forecast to be below the heliport operating minima, two destination alternates should be selected and the first destination alternate should be at or above the heliport operating minima for destination and the second at or above the heliport operating minima for alternate. Section 23(6)(a) the offshore alternate heliport shall be used only after a PNR. Prior to a PNR, onshore alternate heliports shall be used; Section 23(6)(b) mechanical reliability of critical control systems and critical components shall be considered and taken into account when determining the suitability of the alternate heliport(s); Section 23(6)(c) one engine inoperative performance capability shall be attainable prior to arrival at the alternate heliport; Section 23(6)(d) to the extent possible, deck availability shall be guaranteed; and Section 23(6)(e) weather information must be reliable and accurate. Section 23(7) Offshore alternate heliports shall not be used when it is possible to carry enough fuel to have an onshore alternate and offshore alternate heliports shall not be used in a hostile environment. - 24
FLIGHT OPERATIONS - 24. Meteorological conditions
AI-assisted research summary: Do not start VFR or IFR flights unless required meteorological information shows conditions meet rules; operators must add approved margins for alternates; do not fly in icing unless helicopter is certificated/equipped or has been inspected and de‑iced.
Section 24. Meteorological conditions Section 24(1) A person shall not commence a VFR flight unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown or in the intended area of operations under VFR will, at the appropriate time, be such as to enable compliance with these rules. Section 24(2) A person shall not commence an IFR flight unless information is available which indicates that conditions at the destination heliport or landing location or. when an alternate is required, at least one alternate heliport will, at the estimated time of arrival, be at or above the heliport operating minima. Section 24(3) To ensure that an adequate margin of safety is observed in determining whether or not an approach and landing can be safely carried out at each alternate heliport or landing location, the operator shall specify appropriate incremental values for height of cloud base and visibility, acceptable to the Authority, to be added to the operator's established heliport or landing location operating minima. Section 24(4) A person shall not commence a flight to be operated in known or expected icing conditions unless the helicopter is certificated and equipped to cope with such conditions. Section 24(5) A person shall not commence a flight expected to operate in suspected or known ground icing conditions unless; the helicopter has been inspected for icing and, if necessary, has been given appropriate de-icing or anti-icing treatment. Accumulation of ice or other naturally occurring contaminants shall be removed so that the helicopter is kept in an airworthy condition prior to take-off. - 25
FLIGHT OPERATIONS - 25. Fuel and oil requirements
AI-assisted research summary: A person must not start a helicopter flight unless the helicopter carries sufficient fuel and oil (including required reserves) to safely complete the flight; specific reserve and contingency fuel requirements are set for planned destination and alternates, and additional fuel may be required based on contingencies approved by the Authority.
Section 25. Fuel and oil requirements Section 25(1) A person shall not commence a helicopter flight unless, taking into account both the meteorological conditions and any delays that are expected in flight, the helicopter carries sufficient fuel and oil to ensure that it can safely complete the flight. In addition, a reserve shall be carried to provide for contingencies. Section 25(2)(a) fly to the landing site to which the flight is planned; Section 25(2)(b) have final reserve fuel to fly thereafter for a period of 20 minutes at best-range speed; and Section 25(3)(a) final reserve fuel to fly 30 minutes at holding speed at 450m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 25(3)(a)(i) final reserve fuel to fly 30 minutes at holding speed at 450m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 25(3)(a)(ii) an additional amount of fuel to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority. Section 25(3)(b) fly to and execute an approach at the alternate specified in the flight plan; and then Section 25(3)(b)(i) fly to and execute an approach at the alternate specified in the flight plan; and then Section 25(3)(b)(ii) have final reserve fuel to fly for 30 minutes at holding speed at 450 m (1 500 ft) above the alternate under standard temperature conditions, and approach and land; and Section 25(3)(b)(iii) have an additional amount of fuel to provide for the increased consumption on the occurrence of any of the potential contingencies specified by the operator to the satisfaction of the Authority. Section 25(3)(c) when no alternate heliport or landing location is available, in terms of these regulations (e.g. the destination is isolated), sufficient fuel shall be carried to enable the helicopter to fly to the destination to which the flight is planned and thereafter for a period that will, based on geographic and environmental considerations, enable a safe landing to be made. Section 25(4)(a) meteorological conditions forecast; Section 25(4)(b) expected air traffic control routings and traffic delays; Section 25(4)(c) for IFR flight, one instrument approach at the destination heliport, including a missed approach; Section 25(4)(d) the procedures prescribed in the operations manual for loss of pressurization, where applicable, or failure of one engine while en route; and Section 25(4)(e) any other conditions that may delay the landing of the helicopter or increase fuel or oil consumption. Section 25(5) The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, if applicable, adjustment of the planned operation. - 26
FLIGHT OPERATIONS - 26. Refuelling with passengers on board or rotors turning
AI-assisted research summary: A person must not fuel a helicopter while passengers are embarking, on board, disembarking, or while the rotor is turning, unless the operator has specific authorization from the Authority setting conditions for such fuelling.
Section 26. Refuelling with passengers on board or rotors turning Section 26(1) A person shall not fuel a helicopter when passengers are embarking, on board, disembarking or when the rotor is turning unless the operator is granted specific authorization by the Authority setting forth the conditions under which such fuelling may be carried out. Section 26(2) Additional precautions are required when refueling with fuels other than aviation kerosene or when refueling results in a mixture of aviation kerosene with other aviation turbine fuels, or when an open line is used. - 27
FLIGHT OPERATIONS - 27. Oxygen supply
AI-assisted research summary: Requires specified supplies of breathing oxygen for crew and certain passengers when cabin atmospheric pressure falls below set hPa thresholds and requires carrying sufficient stored oxygen before a pressurized helicopter flight is commenced.
Section 27. Oxygen supply Section 27(1) Approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in the text are as follows— Absolute pressureMetresFeet700 hPa3 00010 000620 hPa400013 000376 hpa760025 000 Section 27(2)(a) all crew members and 10 per cent of the passengers for any period in excess of 30 minutes that the pressure in compartments occupied by them will be between 700 hPa and 620 hPa; and Section 27(2)(b) the crew and passengers for any period that the atmospheric pressure in compartments occupied by them will be less than 620 hPa. Section 27(3) A flight to be operated with a pressurized helicopter shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurization, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. and in addition, when the helicopter is operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely to a flight altitude at which the atmospheric pressure is equal to 620 hPa within four minutes, there shall be no less than a 10-minute supply for the occupants of the passenger compartment. - 28
FLIGHT OPERATIONS - 28. Heliport operating minima
AI-assisted research summary: Prohibits continuing a flight or instrument approach toward a heliport unless operating minima and visibility/RVR conditions are met; permits continuation to DA/H or MDA/H in certain degraded-visibility cases but prohibits landing beyond minima limits.
Section 28. Heliport operating minima Section 28(1) A flight shall not be continued towards the heliport of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that heliport, or at least one destination alternate heliport, in compliance with the operating minima established in accordance with regulation 16. Section 28(2) An instrument approach shall not be continued below 300 m (1 000 ft) above the heliport elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the heliport operating minima. Section 28(3) If, after entering the final approach segment or after descending below 300 m (1 000 ft) above the heliport elevation, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to DA/H or MDA/H and in any case, a helicopter shall not continue its approach-to-land at any heliport beyond a point at which the limits of the operating minima specified for that heliport would be infringed. - 29
FLIGHT OPERATIONS - 29. Meteorological observations
AI-assisted research summary: Sets procedures for making meteorological observations on board helicopter in flight and for recording and reporting them as provided in the Civil Aviation (Meteorology Services For Air Navigation) Regulations.
Section 29. Meteorological observations Section The procedures for making meteorological observations on board helicopter in flight and for recording and reporting them as provided in the Civil Aviation (Meteorology Services For Air Navigation) Regulations.Referenced legislation
- Civil Aviation (Meteorology Services For Air Navigation) Regulations. (unresolved)
- 30
FLIGHT OPERATIONS - 30. Hazardous flight conditions
AI-assisted research summary: Hazardous flight conditions encountered (other than meteorological) must be reported to the appropriate aeronautical station as soon as possible.
Section 30. Hazardous flight conditions Section Hazardous flight conditions encountered, other than those associated with meteorological conditions, shall be reported to the appropriate aeronautical station as soon as possible. The reports so rendered shall give such details as may be pertinent to the safety of other helicopter. - 31
FLIGHT OPERATIONS - 31. Flight crew members at duty stations
AI-assisted research summary: Flight crew on duty must remain at their stations; seat belts and safety harnesses must be fastened during take-off and landing, with shoulder straps allowed to be unfastened if they interfere with duties but the seat belt must remain fastened.
Section 31. Flight crew members at duty stations Section 31(1) Take-off and landing. All flight crew members required to be on flight deck duty shall be at their stations. Section 31(2) En route. All flight crew members required to be on flight deck duty shall remain at their stations except when their absence is necessary for the performance of duties in connection with the operation of the helicopter or for physiological needs. Section 31(3) Seat belts. All flight crew members shall keep their seat belt fastened when at their stations. Section 31(4) Safety harness. Any flight crew member occupying a pilot's seat shall keep the safety harness fastened during the take-off and landing phases and all other flight crew members shall keep their safety harness fastened during the take-off and landing phases unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt must remain fastened. Section 31(5) Safety harness includes shoulder straps and a seat belt which may be used independently. - 32
FLIGHT OPERATIONS - 32. Use of oxygen
AI-assisted research summary: All flight crew members must use breathing oxygen continuously when performing duties essential to the safe operation of a helicopter in flight and whenever circumstances require its supply under these Regulations.
Section 32. Use of oxygen Section All flight crew members, when engaged in performing duties essential to the safe operation of a helicopter in flight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in these Regulations. - 33
FLIGHT OPERATIONS - 33. Safeguarding of cabin crew and passengers in pressurized helicopter in the event of loss of pressurization
AI-assisted research summary: The provision requires that cabin crew be safeguarded to retain consciousness during any emergency descent after loss of pressurization and have means to administer first aid during stabilized flight; it also requires that passengers be safeguarded by devices or operational procedures to survive hypoxia following loss of pressurization.
Section 33. Safeguarding of cabin crew and passengers in pressurized helicopter in the event of loss of pressurization Section 33(1) Cabin crew shall be safeguarded so as to ensure reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurization and, in addition, they shall have such means of protection as will enable them to administer first aid to passengers during stabilized flight following the emergency and passengers shall be safeguarded by such devices or operational procedures as will ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurization. Section 33(2) It is not envisaged that cabin crew will always be able to provide assistance to passengers during emergency descent procedures which may be required in the event of loss of pressurization. - 34
FLIGHT OPERATIONS - 34. Instrument flight procedures
AI-assisted research summary: The Authority (or the State responsible for a heliport outside Kenya) must approve and publish instrument approach procedures for each final approach and take-off area or heliport used for instrument flight operations; helicopters operated under IFR must comply with those approved procedures.
Section 34. Instrument flight procedures Section 34(1) One or more instrument approach procedures to serve each final approach and take-off area or heliport utilized for instrument flight operations shall be approved and promulgated by the Authority in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya. Section 34(2) All helicopters operated in accordance with IFR shall comply with the instrument approach procedures approved by the Authority in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya. - 35
FLIGHT OPERATIONS - 35. Helicopter operating procedures for noise abatement
AI-assisted research summary: The operator should ensure take-off and landing procedures minimize helicopter noise.
Section 35. Helicopter operating procedures for noise abatement Section The operator should ensure that take-off and landing procedures take into account the need to minimize the effect of helicopter noise. - 36
FLIGHT OPERATIONS - 36. In-flight fuel management
AI-assisted research summary: Operator must have Authority-approved policies for in-flight fuel checks; pilot-in-command must monitor usable fuel, declare MINIMUM FUEL when changes or delays may lead to landing with less than planned final reserve, and broadcast a fuel emergency (MAYDAY MAYDAYMAYDAY FUEL) when usable fuel on arrival at the nearest safe landing site is less than required final reserve.
Section 36. In-flight fuel management Section 36(1) The operator shall establish policies and procedures, approved by the Authority, to ensure that in-flight fuel checks and fuel management are performed. Section 36(2) The pilot-in-command shall monitor the amount of usable fuel remaining on board to ensure it is not less than the fuel required to proceed to a landing site where a safe landing can be made with the planned final reserve fuel remaining. Section 36(3) The pilot-in-command shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific landing site, the pilot calculates that any change to the existing clearance to that landing site, or other air traffic delays, may result in landing with less than the planned final reserve fuel. Section 36(4) The pilot-in-command shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAYMAYDAY FUEL, when the usable fuel estimated to be available upon landing at the nearest landing site where a safe landing can be made is less than the required final reserve fuel in compliance with these Regulations. - 37
FLIGHT OPERATIONS - 37. Duties of pilot-in-command
AI-assisted research summary: The pilot-in-command must ensure the safe operation of the helicopter and the safety of crew, passengers and cargo from engine start to shutdown, follow required checklists, notify authorities of serious accidents, report defects to the operator at flight termination, and be responsible for the journey log book or general declaration.
Section 37. Duties of pilot-in-command Section 37(1) The pilot-in-command shall be responsible for the operation and safety of the helicopter and for the safety of all crew members, passengers and cargo on board, from the moment the engine(s) are started until the helicopter finally comes to rest at the end of the flight, with the engine(s) shut down and the rotor blades stopped. Section 37(2) The pilot-in-command shall ensure that the checklists specified in these Regulations are complied with in detail. Section 37(3) The pilot-in-command shall be responsible for notifying the nearest appropriate authority by the quickest available means of any accident involving the helicopter, resulting in serious injury or death of any person or substantial damage to the helicopter or property. Section 37(4) The pilot-in-command shall be responsible for reporting all known or suspected defects in the helicopter, to the operator, at the termination of the flight. Section 37(5) The pilot-in-command shall be responsible for the journey log book or the general declaration and - 38
FLIGHT OPERATIONS - 38. Duties of flight operations officer/flight dispatcher
AI-assisted research summary: Flight operations officers/flight dispatchers must assist the pilot-in-command with flight preparation and planning, furnish necessary in-flight information, initiate operations-manual procedures without conflicting with ATC, and convey safety-related information including flight-plan amendments.
Section 38. Duties of flight operations officer/flight dispatcher Section 38(1)(a) assist the pilot-in-command in flight preparation and provide the relevant information; Section 38(1)(b) assist the pilot-in-command in preparing the operational and ATS flight plans, sign when applicable and file the ATS flight plan with the appropriate ATS unit; and Section 38(1)(c) furnish the pilot-in-command while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight. Section 38(2)(a) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures; and Section 38(2)(b) convey safety-related information to the pilot-in-command that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight. - 39
FLIGHT OPERATIONS - 39. Carry-on baggage
AI-assisted research summary: The operator must ensure carry-on baggage taken into the passenger cabin is adequately and securely stowed.
Section 39. Carry-on baggage Section The operator shall ensure that all baggage carried onto a helicopter and taken into the passenger cabin is adequately and securely stowed. - 8
FLIGHT OPERATIONS - 8. Operating facilities
AI-assisted research summary: Operators must ensure flights do not commence unless required ground or water facilities for safe helicopter operations and passenger protection are adequate and properly operated; operators must report any observed facility inadequacy to the responsible authority without undue delay.
Section 8. Operating facilities Section 8(1) The operator shall ensure that a flight shall not be commenced unless it has been ascertained by every reasonable means available that the ground or water facilities available and directly required on such flight, for the safe operation of the helicopter and the protection of the passengers, are adequate for the type of operation under which the flight is to be conducted and are adequately operated for this purpose. Section 8(2) The operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them, without undue delay. - 9
FLIGHT OPERATIONS - 9. The air operator certificate
AI-assisted research summary: Operators may conduct commercial air transport operations only if they hold a valid Air Service License and a valid Air Operator Certificate issued by the Authority; the Authority must establish certification and surveillance systems and the operator must maintain required organizational and operational arrangements.
Section 9. The air operator certificate Section 9(1) The operator shall not engage in commercial air transport operations unless in possession of a valid Air Service License and a valid Air Operator Certificate issued by the Authority. Section 9(2) The Air Operator Certificate shall authorize the operator to conduct commercial air transport operations in accordance with the operations specifications. Section 9(3) The issue of an Air Operator Certificate by the Authority shall be dependent upon the operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified. Section 9(4) The continued validity of an Air Operator Certificate shall depend upon the operator maintaining the requirements of sub-regulation (3) under the supervision of the Authority. Section 9(5)(a) the State of the Operator and the issuing authority; Section 9(5)(b) the Air Operator Certificate number and its expiration date; Section 9(5)(c) the operator name, trading name (if different) and address of the principal place of business: Section 9(5)(d) the date of issue, name, signature and title of the authority representative; and Section 9(5)(e) the location, in a controlled document carried on board, where the contact details of operational management can be found. Section 9(6) The operations specifications associated with the air operator certificate shall contain at least the information listed in accordance with the Civil Aviation (Air Operator Certificate and Administration) Regulations. Section 9(7) Air Operator Certificate and the associated Operations Specifications shall follow the layout in accordance with the Civil Aviation (Air Operator Certificate and Administration) Regulations. Section 9(8) The Authority shall establish a system for both certification and surveillance of operators in accordance with the Civil Aviation (Air Operator Certificate and Administration) Regulations and Civil Aviation (Safety Management) Regulations to ensure that the required standards of operations established are maintained.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
- Civil Aviation (Safety Management) Regulations (unresolved)
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
Part IV
HELICOPTER PERFORMANCE OPERATING LIMITATIONS
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HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 40. General provisions
AI-assisted research summary: The Authority establishes a code of performance; the competent authority of the State where a heliport is located must specify requirements for helicopter operations in congested hostile environments to address engine-failure risk.
Section 40. General provisions Section 40(1) Helicopters shall be operated in accordance with a code of performance established by the Authority, in compliance with the applicable Standards of this Part. Section 40(2) The code of performance reflects, for the conduct of operations, both the various phases of flight and the operational environment and the First Schedule provides guidance in establishing a code of performance. Section 40(3) In conditions where the safe continuation of flight is not ensured in the event of a critical engine failure, helicopter operations shall be conducted in a manner that gives appropriate consideration for achieving a safe forced landing. Section 40(4) Where the Authority permits IMC operations in performance Class 3, such operations shall be conducted in accordance with the provisions of regulations 44. Section 40(5) Where helicopters are operated to or from heliports in a congested hostile environment, the competent authority of the State in which the heliport is situated shall specify the requirements to enable these operations to be conducted in a manner that gives appropriate consideration for the risk associated with an engine failure. - 41
HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 41. Applicable to helicopters certificated in accordance with Civil Aviation (Airworthiness) Regulations
AI-assisted research summary: Requires helicopters to be operated according to their certificate of airworthiness and approved flight‑manual limitations; the Authority must take reasonable precautions to maintain safety; flights must not commence unless flight‑manual performance information shows compliance with the State‑of‑design Standards.
Section 41. Applicable to helicopters certificated in accordance with Civil Aviation (Airworthiness) Regulations Section 41(1) The Standards contained in these regulation inclusive are as per the type certificate of the helicopter. Section 41(2) The level of performance defined by the appropriate parts of the code of performance referred to in these Regulations for the helicopters shall be consistent with the overall level embodied in the Standards of this Part. Section 41(3) A helicopter shall be operated in compliance with the terms of its certificate of airworthiness and within the approved operating limitations contained in its flight manual. Section 41(4) The Authority shall take such precautions as are reasonably possible to ensure that the general level of safety contemplated by these provisions is maintained under all expected operating conditions, including those not covered specifically by the provisions of this Part. Section 41(5) A flight shall not be commenced unless the performance information provided in the flight manual indicates that the Standards of the State of design can be complied with for the flight to be undertaken. Section 41(6) In applying the Standards of this Part, account shall be taken of all factors that significantly affect the performance of the helicopter (such as: mass, operating procedures, the pressure-altitude appropriate to the elevation of the operating site, temperature, wind and condition of the surface) and such factors shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which may be provided in the scheduling of performance data or in the code of performance in accordance with which the helicopter is being operated.Referenced legislation
- Civil Aviation (Airworthiness) Regulations (unresolved)
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HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 42. Mass limitation
AI-assisted research summary: Helicopter mass at the start of take-off must not exceed masses required for compliance with the performance code and the maximum take-off mass in the flight manual; estimated landing mass must not exceed the maximum landing mass; noise-compliance maximum masses apply unless the competent State authority authorizes otherwise; the Authority must apply a risk assessment when developing a code of performance; specific performance-class requirements govern engine-failure performance for take-off, en-route, approach and landing phases.
Section 42. Mass limitation Section 42(1) The mass of the helicopter at the start of take-off shall not exceed the mass at which the code of performance referred to in these Regulations is complied with, allowing for expected reductions in mass as the flight proceeds and for such fuel jettisoning as is appropriate. Section 42(2) In no case shall the mass at the start of take-off exceed the maximum take-off mass specified in the helicopter flight manual taking into account the factors specified in Regulation 41 sub-regulation (5). Section 42(3) In no case shall the estimated mass for the expected time of landing at the destination and at any alternate exceed the maximum landing mass specified in the helicopter flight manual taking into account the factors specified in Regulation 41 sub-regulation (5). Section 42(4) In no case shall the mass at the start of take-off, or at the expected time of landing at the destination and at any alternate, exceed the relevant maximum mass at which compliance has been demonstrated with the applicable noise certification regulations in Civil Aviation (Environment Protection) Regulations unless otherwise authorized in exceptional circumstances for a certain operating site where there is no noise disturbance problem, by the competent authority of the State in which the operating site is situated. Section 42(5) In developing a code of performance, the Authority shall apply a risk assessment methodology in accordance with the guidance in the First Schedule or the standards of subregulation (6) shall apply. Section 42(6)(a) operations in performance Class 1. The helicopter shall be able, in the event of the failure of the critical engine being recognized at or before the take-off decision point, to discontinue the take-off and stop within the rejected take-off area available or, in the event of the failure of the critical engine being recognized at or after the take-off decision point, to continue the take-off, clearing all obstacles along the flight path by an adequate margin until the helicopter is in a position to comply with provisions of subregulation (7)(a); Section 42(6)(b) operations in performance Class 2. The helicopter shall be able, in the event of the failure of the critical engine at any time after reaching DPATO, to continue the take-off, clearing all obstacles along the flight path by an adequate margin until the helicopter is in a position to comply with Before the DPATO, failure of the critical engine may cause the helicopter to force-land; therefore the conditions stated in Regulation 47(2) shall apply; and Section 42(6)(c) operations in performance Class 3. At any point of the flight path, failure of an engine will cause the helicopter to force-land; therefore the conditions stated in regulation 47 (3) shall apply. Section 42(7)(a) operations in performance Classes 1 and 2. The helicopter shall be able, in the event of the failure of the critical engine at any point in the en-route phase, to continue the flight to a site at which the conditions of subregulation (7)(b) for operations in performance Class 1 or the conditions of sub regulation (8)(b) for operations in performance Class 2 can be met, without flying below the appropriate minimum flight altitude at any point; Section 42(7)(b) operations in performance Class 3. The helicopter shall be able, with all engines operating, to continue along its intended route or planned diversions without flying at any point below the appropriate minimum flight altitude and at any point of the flight path, failure of an engine will cause the helicopter to force-land: therefore the conditions stated in regulation 40(3) shall apply. Section 42(8)(a) operations in performance Class 1. In the event of the failure of the critical engine being recognized at any point during the approach and landing phase, before the landing decision point, the helicopter shall, at the destination and at any alternate, after clearing all obstacles in the approach path, be able to land and stop within the landing distance available or to perform a balked landing and clear all obstacles in the flight path by an adequate margin equivalent to that specified in subregulation (6)(a) and in case of the failure occurring after the landing decision point, the helicopter shall be able to land and stop within the landing distance available: Section 42(8)(b) operations in performance Class 2. In the event of the failure of the critical engine before the DPBL, the helicopter shall, at the destination and at any alternate, after clearing all obstacles in the approach path, be able either to land and stop within the landing distance available or to perform a balked landing and clear all obstacles in the flight path by an adequate margin equivalent to that specified in subregulation (6)(b) and after the DPBL. failure of an engine may cause the helicopter to force-land; therefore the conditions stated in regulation 47(2) shall apply; Section 42(8)(c) operations in performance Class 3. At any point of the flight path, failure of an engine will cause the helicopter to force-land; therefore the conditions stated in regulation 47(3) shall apply.Referenced legislation
- Civil Aviation (Environment Protection) Regulations (unresolved)
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HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 43. Obstacle data
AI-assisted research summary: The operator must use available obstacle data to develop procedures for take-off, initial climb, approach and landing as detailed in the Second Schedule's code of performance.
Section 43. Obstacle data Section The operator shall use available obstacle data to develop procedures to comply with the take-off, initial climb, approach and landing phases detailed in the code of performance in the Second Schedule. - 44
HELICOPTER PERFORMANCE OPERATING LIMITATIONS - 44. Additional requirements for operations of helicopters in performance class 3 in IMC, except special VFR flights.
AI-assisted research summary: Operators of helicopters in performance Class 3 operating in IMC must have an engine trend monitoring programme and use manufacturers' recommended instruments, systems and procedures to monitor the engines.
Section 44. Additional requirements for operations of helicopters in performance class 3 in IMC, except special VFR flights. Section 44(1) Operations in performance Class 3 in IMC shall be conducted only over a surface environment acceptable to the competent authority of the State over which the operations are performed. Section 44(2)(a) the reliability of the engines; Section 44(2)(b) the operator's maintenance procedures, operating practices and crew training programmes; and Section 44(2)(c) equipment and other requirements provided in accordance with the Second Schedule. Section 44(3) Operators of helicopters operating in performance Class 3 in IMC shall have a programme for engine trend monitoring and shall utilize the engine and helicopter manufacturers' recommended instruments, systems and operational or maintenance procedures to monitor the engines. Section 44(4) In order to minimize the occurrence of mechanical failures, helicopters operating in IMC in performance Class 3 should utilize vibration health monitoring for the tail-rotor drive system.
Part IX
FLIGHT OPERATIONS OFFICER OR FLIGHT DISPATCHER
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FLIGHT OPERATIONS OFFICER OR FLIGHT DISPATCHER - 70. Qualifications and Training
AI-assisted research summary: Flight operations officers or flight dispatchers must be licensed (or meet minimum Personnel Licensing requirements accepted by the Authority) and, where specified, such persons must meet listed qualification and training criteria.
Section 70. Qualifications and Training Section 70(1) When the Authority requires that a flight operations officer or flight dispatcher, employed in conjunction with an approved method of control and supervision of flight operations be licensed, that flight operations officer or flight dispatcher shall be licensed in accordance with the provisions of Personnel Licensing regulations. Section 70(2) In accepting proof of qualifications other than the option of holding of a flight operations officer or flight dispatcher license, the Authority, in accordance with the approved method of control and supervision of flight operations, shall require that, as a minimum, such persons meet the requirements specified in Personnel Licensing Regulations for the flight operations officer or flight dispatcher license. Section 70(3)(a) satisfactorily completed the operator-specific training course that addresses all the specific components of its approved method of control and supervision of flight operations specified in these Regulations; Section 70(3)(b) made, within the preceding 12 months, at least a one-way qualification flight in a helicopter over any area for which that person is authorized to exercise flight supervision and the flight shall include landings at as many heliports as practicable; Section 70(3)(c) the contents of the operations manual described in the Civil Aviation (Air Operator Certificate and Administration) Regulations; Section 70(3)(c)(i) the contents of the operations manual described in the Civil Aviation (Air Operator Certificate and Administration) Regulations; Section 70(3)(c)(ii) the radio equipment in the helicopters used; and Section 70(3)(c)(iii) the navigation equipment in the helicopters used; Section 70(3)(d) the seasonal meteorological conditions and the sources of meteorological information; Section 70(3)(d)(i) the seasonal meteorological conditions and the sources of meteorological information; Section 70(3)(d)(ii) the effects of meteorological conditions on radio reception in the helicopters used; Section 70(3)(d)(iii) the peculiarities and limitations of each navigation system which is used by the operation; and Section 70(3)(d)(iv) the helicopter loading instructions; Section 70(3)(e) satisfied the operator as to knowledge and skills related to human performance as they apply to dispatch duties; and Section 70(3)(f) demonstrated to the operator the ability to perform the duties specified in regulation 38.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
- Personnel Licensing regulations (unresolved)
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
- Personnel Licensing Regulations (unresolved)
Part V
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS
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HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 45. General
AI-assisted research summary: Requires Authority approval/acceptance of prescribed instruments and equipment; helicopters must carry a certified true copy of the air operator certificate and relevant operations specifications (with English translation if issued in another language); the operator must include an Authority-approved MEL in the operations manual; the operator must make available a helicopter operating manual to staff and crew.
Section 45. General Section 45(1) In addition to the minimum equipment necessary for the issuance of a certificate of airworthiness, the instruments, equipment and flight documents prescribed in the Civil Aviation (Instrument and Equipment) Regulations and the Civil Aviation (Air Operator Certificate and Administration) Regulations shall be installed or carried, as appropriate, in helicopters according to the helicopter used and to the circumstances under which the flight is to be conducted. The prescribed instruments and equipment, including their installation, shall be approved or accepted by the Authority. Section 45(2) A helicopter shall carry a certified true copy of the air operator certificate specified in these regulations, and a copy of the operations specifications relevant to the helicopter type, issued in conjunction with the certificate. When the certificate and the associated operations specifications are issued by the Authority in a language other than English, an English translation shall be included. Section 45(3) The operator shall include in the operations manual a minimum equipment list (MEL) approved by the Authority, which will enable the pilot-in-command to determine whether a flight may be commenced or continued from any intermediate stop should any instrument, equipment or systems become inoperative and where the Authority is not the State of Registry, the Authority shall ensure that the MEL does not affect the helicopter's compliance with the airworthiness requirements applicable in the State of Registry. Section 45(4) The operator shall make available to operations staff and crew members a helicopter operating manual, for each helicopter type operated, containing the normal, abnormal and emergency procedures relating to the operation of the helicopter and the manual shall include details of the helicopter systems and of the checklists to be used. The design of the manual shall observe Human Factors principles. The manual shall be easily accessible to the flight crew during all flight operations.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
- Civil Aviation (Instrument and Equipment) Regulations (unresolved)
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HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 46. All helicopters on all flights
AI-assisted research summary: Helicopters on all flights must be equipped with instruments allowing the flight crew to control the flight path, carry out required procedural manoeuvres and observe operating limitations in expected conditions; must have the operations manual (or relevant parts), the helicopter flight manual or equivalent performance data (unless available in the operations manual), and current suitable charts covering the route and reasonable diversion routes.
Section 46. All helicopters on all flights Section 46(1) A helicopter shall be equipped with instruments that will enable the flight crew to control the flight path of the helicopter, carry out any required procedural manoeuvres and observe the operating limitations of the helicopter in the expected operating conditions. Section 46(2)(a) the operations manual prescribed in the Civil Aviation (Air Operator Certificate and Administration) Regulations or those parts of it that pertain to flight operations; Section 46(2)(b) the helicopter flight manual for the helicopter, or other documents containing performance data required for the application of Part III and any other information necessary for the operation of the helicopter within the terms of its certificate of airworthiness, unless these data are available in the operations manual; and Section 46(2)(c) current and suitable charts to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
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HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 47. All helicopters on flights over water: Means of flotation, Emergency equipment
AI-assisted research summary: Requires helicopters on flights over water to carry flotation and emergency equipment (life jackets for each person, life-saving rafts for all persons, and pyrotechnic distress signaling equipment); additional equip/wear rules depend on performance class, distance from land, and offshore operations.
Section 47. All helicopters on flights over water: Means of flotation, Emergency equipment Section 47(1)(a) engaged in offshore operations, or other overwater operations as prescribed by the State of the Operator; Section 47(1)(b) flying over water in a hostile environment at a distance from land corresponding to more than 10 minutes at normal cruise speed when operating in performance Class 1 or 2; or Section 47(1)(c) flying over water in a non-hostile environment at a distance from land specified by the appropriate authority of the responsible State when operating in performance Class 1. Section 47(2)(a) one life jacket or equivalent individual flotation device, for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided and for offshore operations the life jacket shall be worn constantly unless the occupant is wearing an integrated survival suit that includes the functionality of the life jacket; Section 47(2)(b) life-saving rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency, provided with such life-saving equipment including means of sustaining life as is appropriate to the flight to be undertaken; and Section 47(2)(c) equipment for making the pyrotechnical distress signals described in the Civil Aviation (Rules of the Air) Regulations. Section 47(3) When two life rafts are fitted, each shall be able to carry all occupants in the overload state. Section 47(4) Helicopters operating in performance Class 3 when operating beyond auto rotational distance from land but within a distance from land specified by the appropriate authority of the responsible State shall be equipped with one life jacket or equivalent individual flotation device, for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. Section 47(5) For offshore operations, when operating beyond auto rotational distance from land, the life jacket shall be worn unless the occupant is wearing an integrated survival suit that includes the functionality of the life jacket. Section 47(6) Helicopters operating in performance Class 3 when operating beyond the distance specified in subregulation (4) shall be equipped as in subregulation (2). Section 47(7) In the case of helicopters operating in performance Class 2 or 3, when taking off or landing at a heliport where, in the opinion of the State of the Operator, the take-off or approach path is so disposed over water that in the event of a mishap there would be likelihood of a ditching, at least the equipment required in subregulation (2) shall be carried. Section 47(8) Each life jacket and equivalent individual flotation device, when carried in accordance with regulation 48, shall be equipped with a means of electric illumination for the purpose of facilitating the location of persons.Referenced legislation
- Civil Aviation (Rules of the Air) Regulations (unresolved)
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HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 48. All helicopters on flights over designated sea areas
AI-assisted research summary: Helicopters operating over designated sea areas must be equipped with life-saving equipment (including means of sustaining life).
Section 48. All helicopters on flights over designated sea areas Section Helicopters, when operating over sea areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, shall be equipped with life-saving equipment (including means of sustaining life) as may be appropriate to the area overflown. - 49
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 49. All helicopters on high altitude flights
AI-assisted research summary: Helicopters intended for certain high-altitude operations must have oxygen systems: (1) if personnel compartments experience pressure less than 700 hPa they must have oxygen storage and dispensing apparatus; (2) if operations are below 700 hPa but compartments are kept above 700 hPa they must also have such apparatus; (3) helicopters operating below 376 hPa (or that cannot descend within four minutes to 620 hPa) with certificates issued on or after 9 November 1998 must have automatically deployable oxygen equipment and at least 10% more dispensing units than passenger and cabin crew seats.
Section 49. All helicopters on high altitude flights Section 49(1) Approximate altitude in the Standard Atmosphere corresponding to the value of absolute pressure used in this text shall be as follows— Absolute pressureMetresFeet700 hPa3 00010 000620 hPa4 00013 000376 hPa7 60025 000 Section 49(2) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 hPa in personnel compartments shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the oxygen supplies required in these regulations. Section 49(3) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 700 hPa but which is provided with means of maintaining pressures greater than 700 hPa in personnel compartments shall be provided with oxygen storage and dispensing apparatus capable of storing and dispensing the oxygen supplies required in these Regulations. Section 49(4) A helicopter intended to be operated at flight altitudes at which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 hPa which cannot descend safely within four minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, and for which the individual certificate of airworthiness was issued on or after the 9th November, 1998, shall be provided with automatically deployable oxygen equipment to satisfy the requirements of these Regulations and the total number of oxygen dispensing units shall exceed the number of passenger and cabin crew seats by at least 10 per cent. - 50
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 50. All helicopters in icing conditions
AI-assisted research summary: Helicopters must be equipped with suitable anti-icing or de-icing devices when icing conditions are reported or expected.
Section 50. All helicopters in icing conditions Section All helicopters shall be equipped with suitable anti-icing or de-icing devices when operated in circumstances in which icing conditions are reported to exist or are expected to be encountered. - 51
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 51. Noise Certification
AI-assisted research summary: Helicopters required to meet noise certification standards must carry a document that attests to that noise certification.
Section 51. Noise Certification Section 51(1) All helicopters required to comply with the noise certification Standards of Airworthiness, shall carry a document attesting noise certification. Section 51(2) When the document, or a suitable statement attesting noise certification as contained in another document approved by the Authority is issued in a language other than English, it shall include an English translation. - 52
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 52. Helicopters carrying passengers- cabin crew seats
AI-assisted research summary: All helicopters must have a forward- or rear-facing seat with a safety harness for each cabin crew member; cabin crew seats must be located near floor level and other emergency exits as required by the Authority for emergency evacuation.
Section 52. Helicopters carrying passengers- cabin crew seats Section 52(1) All helicopters shall be equipped with a forward or rearward facing (within 15 degrees of the longitudinal axis of the helicopter) seat, fitted with a safety harness for the use of each cabin crew member required to satisfy the intent of regulation 77 in respect of emergency evacuation. Section 52(2) Cabin crew seats shall be located near floor level and other emergency exits as required by the Authority for emergency evacuation. - 53
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 53. Microphones
AI-assisted research summary: Flight crew members who are required to be on flight deck duty must communicate using boom or throat microphones.
Section 53. Microphones Section All flight crew members required to be on flight deck duty shall communicate through boom or throat microphones. - 54
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 54. Helicopters equipped with automatic landing systems, a head-up display (HUD) or equivalent displays, enhanced vision systems (EVS), synthetic vision systems (SVS) or combined vision systems (CVS)
AI-assisted research summary: The use of automatic landing systems, HUD/EVS/SVS/CVS on helicopters must be approved by the Authority, and approval is subject to appropriate airworthiness certification and the operator completing a safety risk assessment and documented procedures and training.
Section 54. Helicopters equipped with automatic landing systems, a head-up display (HUD) or equivalent displays, enhanced vision systems (EVS), synthetic vision systems (SVS) or combined vision systems (CVS) Section 54(1) Where helicopters are equipped with automatic landing systems, HUD or equivalent displays, EVS, SVS or CVS, or any combination of those systems into a hybrid system, the use of such systems for the safe operation of a helicopter shall be approved by the Authority. Section 54(2)(a) the equipment meets the appropriate airworthiness certification requirements; Section 54(2)(b) the operator has carried out a safety risk assessment of the operations supported by the automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS; and Section 54(2)(c) the operator has established and documented the procedures for the use of, and training requirements for, automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS. - 55
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 55. Electronic Flight Bag (EFB) equipment
AI-assisted research summary: When portable EFBs are used on board a helicopter, the operator must ensure they do not affect helicopter systems, equipment or the ability to operate the helicopter.
Section 55. Electronic Flight Bag (EFB) equipment Section Where portable EFBs are used on board a helicopter, the operator shall ensure that they do not affect the performance of the helicopter systems, equipment or the ability to operate the helicopter. - 56
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 56. EFB functions
AI-assisted research summary: Assess the safety risk(s) associated with each EFB function.
Section 56. EFB functions Section assess the safety risk(s) associated with each EFB function; - 57
HELICOPTER INSTRUMENTS, EQUIPMENT AND FLIGHT DOCUMENTS - 57. EFB operational approval
AI-assisted research summary: EFB equipment and its associated installation hardware, including any interaction with helicopter systems, must meet the appropriate airworthiness certification requirements.
Section 57. EFB operational approval Section the EFB equipment and its associated installation hardware, including interaction with helicopter systems if applicable, meet the appropriate airworthiness certification requirements;
Part VI
HELICOPTER COMMUNICATION, NAVIGATION AND SURVEILLANCE EQUIPMENT
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HELICOPTER COMMUNICATION, NAVIGATION AND SURVEILLANCE EQUIPMENT - 58. Communication equipment
AI-assisted research summary: Section 58 sets out requirements relating to helicopter communication equipment, information in flight manuals and MELs, operational procedures, crew qualifications and training, maintenance procedures, monitoring of communication performance, and corrective action.
Section 58. Communication equipment Section 58(1)(a) be provided with communication equipment which will enable it to operate in accordance with the prescribed RCP specification(s); Section 58(1)(b) have information relevant to the helicopter RCP specification capabilities listed in the flight manual or other helicopter documentation approved by the Authority; and Section 58(1)(c) have information relevant to the helicopter RCP specification capabilities included in the MEL. Section 58(2)(a) normal and abnormal procedures, including contingency procedures; Section 58(2)(b) flight crew qualification and proficiency requirements, in accordance with appropriate RCP specifications; Section 58(2)(c) a training programme for relevant personnel consistent with the intended operations; and Section 58(2)(d) appropriate maintenance procedures to ensure continued airworthiness, in accordance with appropriate RCP specifications. Section 58(3)(a) receiving the reports of observed communication performance issued by monitoring programmes established in accordance with Civil Aviation (Air Traffic Services) Regulations; and Section 58(3)(b) taking immediate corrective action for individual helicopters, helicopter types or operators, identified in such reports as not complying with the RCP specification(s).Referenced legislation
- Civil Aviation (Air Traffic Services) Regulations (resolved)
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HELICOPTER COMMUNICATION, NAVIGATION AND SURVEILLANCE EQUIPMENT - 59. Navigation equipment
AI-assisted research summary: Requires specified navigation equipment and approvals: the Authority must issue PBN (AR) approvals, helicopters must carry sufficient navigation equipment to tolerate one equipment failure and must have instrument-approach guidance when planning IMC landings.
Section 59. Navigation equipment Section 59(1)(a) in accordance with its operational flight plan; and Section 59(1)(b) in accordance with the requirements of air traffic services, except when, if not so precluded by the appropriate authority, navigation for flights under VFR is accomplished by visual reference to landmarks. Section 59(2)(a) be provided with navigation equipment which will enable it to operate in accordance with the prescribed navigation specification(s); Section 59(2)(b) have information relevant to the helicopter navigation specification capabilities listed in the flight manual or other helicopter documentation approved by the State of Design or the Authority; and Section 59(2)(c) have information relevant to the helicopter navigation specification capabilities included in the MEL. Section 59(3)(a) normal and abnormal procedures, including contingency procedures; Section 59(3)(b) flight crew qualification and proficiency requirements, in accordance with the appropriate navigation specifications; Section 59(3)(c) a training programme for relevant personnel consistent with the intended operations; and Section 59(3)(d) appropriate maintenance procedures to ensure continued airworthiness, in accordance with appropriate navigation specifications. Section 59(4) The Authority shall issue a specific approval for operations based on PBN authorization required (AR) navigation specifications. Section 59(5) The helicopter shall be sufficiently provided with navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment will enable the helicopter to navigate in accordance with subregulation (1) and, where applicable, subregulation (2). Section 59(6) On flights in which it is intended to land in instrument meteorological conditions, a helicopter shall be provided with appropriate navigation equipment providing guidance to a point from which a visual landing can be effected. This equipment shall be capable of providing such guidance at each heliport at which it is intended to land in instrument meteorological conditions and at any designated alternate heliports. - 60
HELICOPTER COMMUNICATION, NAVIGATION AND SURVEILLANCE EQUIPMENT - 60. Surveillance equipment
AI-assisted research summary: A helicopter must be provided with surveillance equipment that enables it to operate in accordance with air traffic services requirements.
Section 60. Surveillance equipment Section 60(1) A helicopter shall be provided with surveillance equipment which will enable it to operate in accordance with the requirements of air traffic services. Section 60(2)(a) be provided with surveillance equipment which will enable it to operate in accordance with the prescribed RSP specification(s); Section 60(2)(b) have information relevant to the helicopter RSP specification capabilities listed in the flight manual or other helicopter documentation approved by the State of Design or State of Registry; and Section 60(2)(c) have information relevant to the helicopter RSP specification capabilities included in the MEL. Section 60(3)(a) normal and abnormal procedures, including contingency procedures; Section 60(3)(b) flight crew qualification and proficiency requirements, in accordance with appropriate RSP specifications; Section 60(3)(c) a training programme for relevant personnel consistent with the intended operations; and Section 60(3)(d) appropriate maintenance procedures to ensure continued airworthiness, in accordance with appropriate RSP specifications. Section 60(3)(a) receiving the reports of observed surveillance performance issued by monitoring programmes established in accordance with Civil Aviation (Air Traffic Services) Regulations; and Section 60(3)(b) taking immediate corrective action for individual helicopter, helicopter types or operators, identified in such reports as not complying with the RSP specification(s).Referenced legislation
- Civil Aviation (Air Traffic Services) Regulations (resolved)
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HELICOPTER COMMUNICATION, NAVIGATION AND SURVEILLANCE EQUIPMENT - 61. Electronic navigation data management
AI-assisted research summary: Operators must not use processed electronic navigation data for air and ground applications unless the Authority has approved their procedures; operators must implement procedures to distribute current unaltered data to necessary helicopters; the Authority must ensure operators continue to monitor the process and products.
Section 61. Electronic navigation data management Section 61(1) The operator shall not employ electronic navigation data products that have been processed for application in the air and on the ground, unless the Authority has approved the operator's procedures for ensuring that the process applied and the products delivered have met acceptable standards of integrity and that the products are compatible with the intended function of the existing equipment and the Authority shall ensure that the operator continues to monitor both the process and products. Section 61(2) The operator shall implement procedures that ensure the timely distribution and insertion of current and unaltered electronic navigation data to all necessary helicopter.
Part VII
HELICOPTER FLIGHT CREW
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HELICOPTER FLIGHT CREW - 62. Composition of the flight crew
AI-assisted research summary: Flight crew numbers and composition must meet at least the minimums in the operations manual and include additional members when required by helicopter type, operation type, or flight duration; the flight crew must include at least one member authorised by the Authority to operate the radio equipment to be used.
Section 62. Composition of the flight crew Section 62(1) The number and composition of the flight crew shall not be less than that specified in the operations manual and the flight crews shall include flight crew members in addition to the minimum numbers specified in the flight manual or other documents associated with the certificate of airworthiness, when necessitated by considerations related to the type of helicopter used, the type of operation involved and the duration of flight between points where flight crews are changed. Section 62(2) The flight crew shall include at least one member authorized by the Authority to operate the type of radio transmitting equipment to be used. - 63
HELICOPTER FLIGHT CREW - 63. Flight Crew Member Emergency Duties
AI-assisted research summary: The operator must assign flight crew members emergency functions for each helicopter type and include annual training and drills in the operator's training programme.
Section 63. Flight Crew Member Emergency Duties Section The operator shall, for each type of helicopter, assign to all flight crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation and annual training in accomplishing these functions shall be contained in the operator's training programme and shall include instruction in the use of all emergency and life-saving equipment required to be carried, and drills in the emergency evacuation of the helicopter. - 64
HELICOPTER FLIGHT CREW - 64. Flight Crew member Training Programmes
AI-assisted research summary: Flight crew training programmes must cover specified ground and flight training topics, emergency and abnormal procedures, instrument and visual procedures, human performance, dangerous goods, type-specific procedures, equipment-specific training, company and security training, recurrent training with competence assessment, and may use Authority-approved flight simulators or required proficiency checks.
Section 64. Flight Crew member Training Programmes Section 64(1)(a) include ground and flight training facilities and properly qualified instructors as determined by the Authority; Section 64(1)(b) consist of ground and flight training for the type(s) of helicopter on which the flight crew member serves; Section 64(1)(c) include proper flight crew coordination and training for all types of emergency and abnormal situations or procedures caused by engine, transmission, rotor, airframe or systems malfunctions, fire or other abnormalities; Section 64(1)(d) include training in knowledge and skills related to the visual and instrument flight procedures for the intended area of operation, human performance and threat error and management, the transport of dangerous goods and, where applicable, procedures specific to the environment in which the helicopter is to be operated; Section 64(1)(e) ensure that all flight crew members know the functions for which they are responsible and the relation of these functions to the functions of other crew members, particularly in regard to abnormal or emergency procedures; Section 64(1)(f) include training in knowledge and skills related to the operational use of head-up display or enhanced vision systems for those helicopters so equipped; Section 64(1)(g) include company indoctrination training, crew resource management, and security training; and Section 64(1)(h) be given on a recurrent basis, as determined by the Authority and shall include an assessment of competence. Section 64(2)(a) the use, to the extent deemed feasible by the Authority, of flight simulation training devices approved by the Authority for that purpose; or Section 64(2)(b) the completion within the appropriate period of the proficiency check required by these regulations in that type of helicopter.
Part VIII
QUALIFICATIONS
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QUALIFICATIONS - 65. Recent experience - pilot-in-command and co-pilot
AI-assisted research summary: Operators must not assign a pilot-in-command or co-pilot to operate flight controls of a helicopter type/variant during take-off and landing unless that pilot has conducted at least three take-offs and landings in the preceding 90 days on that type or in an approved simulator.
Section 65. Recent experience - pilot-in-command and co-pilot Section 65(1) The operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type or variant of a type of a helicopter during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding 90 days on the same type of helicopter or in a flight simulator approved for the purpose. Section 65(2) When a pilot-in-command or a co-pilot is flying several variants of the same type of helicopter or different types of helicopter with similar characteristics in terms of operating procedures, systems and handling, the Authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of helicopter can be combined. - 66
QUALIFICATIONS - 66. Pilot in Command operational Qualifications
AI-assisted research summary: Operators must not use a pilot as pilot-in-command on operations for which the pilot is not currently qualified until the pilot complies with the listed subregulations; operators must keep records proving pilot qualifications; pilots must have performed a representative flight accompanied by a qualified pilot; operators must ensure recent representative flights within the preceding 12 months or require re-qualification.
Section 66. Pilot in Command operational Qualifications Section 66(1) The operator shall not utilize a pilot as pilot-in-command of a helicopter on an operation for which that pilot is not currently qualified until such pilot has complied with subregulation (2) and (3). Section 66(2)(a) the terrain and minimum safe altitudes; Section 66(2)(a)(i) the terrain and minimum safe altitudes; Section 66(2)(a)(ii) the seasonal meteorological conditions; Section 66(2)(a)(iii) the meteorological, communication and air traffic facilities, services and procedures; Section 66(2)(a)(iv) the search and rescue procedures; and Section 66(2)(a)(v) the navigation facilities and procedures associated with the route or area in which the flight is to take place; and Section 66(2)(b) procedures applicable to flight paths over heavily populated areas and areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima. Section 66(3) pilot-in-command shall have made a flight, representative of the operation with which the pilot is to be engaged which must include a landing at a representative heliport, as a member of the flight crew and accompanied by a pilot who is qualified for the operation. Section 66(4) The operator shall maintain a record, sufficient to satisfy the Authority of the qualification of the pilot and of the manner in which such qualification has been achieved. Section 66(5) The operator shall not continue to utilize a pilot as a pilot-in-command on an operation in an area specified by the operator and approved by the Authority unless, within the preceding 12 months, the pilot has made at least one representative flight as a pilot member of the flight crew, or as a check pilot, or as an observer on the flight deck. In the event that more than 12 months elapse in which a pilot has not made such a representative flight, prior to again serving as a pilot-in-command on that operation, that pilot must re-qualify in accordance with these Regulations. - 67
QUALIFICATIONS - 67. Pilot Proficiency Checks
AI-assisted research summary: Operators must have pilots checked for piloting technique and emergency procedures on each helicopter type/variant; checks must be done twice a year, and two similar checks within four months do not suffice. A person or operator may not use/serve as a pilot unless, within the prior six calendar months, the required proficiency or instrument competency check prescribed by the Authority has been passed. One of the two annual checks must be by an examiner; the other may be by a check pilot or the Authority.
Section 67. Pilot Proficiency Checks Section 67(1) The operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot's competence on each type or variant of a type of helicopter and where the operation may be conducted under IFR, the operator shall ensure that the pilot's competence to comply with such rules is demonstrated to either a check pilot of the operator or to a representative of the Authority and such checks shall be performed twice within any period of one year and any two such checks which are similar and which occur within a period of four consecutive months shall not alone satisfy this requirement. Section 67(2) A person shall not serve nor shall any Operator use a person as a pilot flight crew member unless, since the beginning of the sixth calendar month before that service, that person has passed the proficiency check prescribed by the Authority in the make and model of helicopter on which their services are required. Section 67(3) A person shall not serve nor shall any Operator use a person as a flight crew member in instrument flight rules operations unless, since the beginning of the sixth calendar month before that service, that pilot has passed the instrument competency check prescribed by the Authority. Section 67(4) At least one of the two annual proficiency checks shall be conducted by an examiner. Section 67(5) The other proficiency check may be conducted by a check pilot or the Authority. Section 67(6) When the operator schedules flight crew on several variants of the same type of helicopter or different types of helicopters with similar characteristics in terms of operating procedures, systems and handling, the Authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of helicopter can be combined. - 68
QUALIFICATIONS - 68. Flight crew equipment
AI-assisted research summary: A flight crew member who is assessed as fit to exercise licence privileges while using correcting lenses must have a spare set of those lenses readily available when exercising those privileges.
Section 68. Flight crew equipment Section Flight crew member assessed as fit to exercise the privileges of a license, subject to the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily available when exercising those privileges. - 69
QUALIFICATIONS - 69. Flight time, flight duty periods and rest periods
AI-assisted research summary: The Authority must make regulations limiting flight time and flight duty periods for flight crew members and must provide for adequate rest to prevent fatigue that could endanger flight safety.
Section 69. Flight time, flight duty periods and rest periods Section The Authority shall establish regulations specifying the limitations applicable to the flight time and flight duty periods for flight crew members and these Regulations shall also make provision for adequate rest periods and shall be such as to ensure that fatigue occurring either in a flight or successive flights or accumulated over a period of time due to these and other tasks does not endanger the safety of a flight as specified in the Fourth Schedule.
Part X
MANUALS, LOGS AND RECORDS
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MANUALS, LOGS AND RECORDS - 71. Flight manual
AI-assisted research summary: The flight manual shall be updated to implement changes made mandatory by the Authority.
Section 71. Flight manual Section The flight manual shall be updated by implementing changes made mandatory by the Authority. - 72
MANUALS, LOGS AND RECORDS - 72. Operator's maintenance control manual
AI-assisted research summary: The operator must maintain a maintenance control manual.
Section 72. Operator's maintenance control manual Section The operator shall maintain a maintenance control manual as required in the Civil Aviation (Air Operator Certificate and Administration) Regulations.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
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MANUALS, LOGS AND RECORDS - 73. Maintenance programme
AI-assisted research summary: A maintenance programme for each helicopter must include the information set out in the Civil Aviation (Air Operator Certificate and Administration) Regulations.
Section 73. Maintenance programme Section A maintenance programme for each helicopter shall contain the information contained in the Civil Aviation (Air Operator Certificate and Administration) Regulations.Referenced legislation
- Civil Aviation (Air Operator Certificate and Administration) Regulations (unresolved)
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MANUALS, LOGS AND RECORDS - 74. Records of emergency and survival equipment carried
AI-assisted research summary: Operators must keep immediately-available lists for rescue coordination centres with details of emergency and survival equipment carried on their internationally-operated helicopters.
Section 74. Records of emergency and survival equipment carried Section Operators shall at all times have available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board any of their helicopters engaged in international air navigation. The information shall include, as applicable, the number, colour and type of life rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of the emergency portable radio equipment. - 75
MANUALS, LOGS AND RECORDS - 75. Flight recorder records
AI-assisted research summary: The operator must preserve flight recorder records (and recorders if necessary) and keep them in safe custody when a helicopter is involved in an accident or incident, pending disposition under the Air Accident Investigation Regulations.
Section 75. Flight recorder records Section The operator shall ensure, to the extent possible, in the event the helicopter becomes involved in an accident or incident, the preservation of all related flight recorder records, and if necessary the associated flight recorders, and their retention in safe custody pending their disposition as determined in accordance with the Civil Aviation (Air Accident Investigation) Regulations.Referenced legislation
- Civil Aviation (Air Accident Investigation) Regulations (unresolved)
Part XI
CABIN CREW
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CABIN CREW - 76. Assignment of emergency duties
AI-assisted research summary: The operator must establish and assign minimum cabin crew and emergency functions for each type of helicopter.
Section 76. Assignment of emergency duties Section The operator shall establish, to the satisfaction of the Authority, the minimum number of cabin crew required for each type of helicopter, based on seating capacity or the number of passengers carried, which shall not be less than the minimum number established during certification, in order to effect a safe and expeditious evacuation of the helicopter, and the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. The operator shall assign these functions for each type of helicopter. - 77
CABIN CREW - 77. Protection of cabin crew during flight
AI-assisted research summary: Cabin crew must be seated with their seat belt or, if provided, safety harness fastened during take-off and landing and whenever directed by the pilot-in-command.
Section 77. Protection of cabin crew during flight Section Each cabin crew member shall be seated with seat belt or, when provided, safety harness fastened during take-off and landing and whenever the pilot-in-command so directs. - 78
CABIN CREW - 78. Training
AI-assisted research summary: The Training Section is described as competent to execute the safety duties and functions assigned to cabin attendants during emergencies and emergency evacuations.
Section 78. Training Section competent to execute those safety duties and functions that the cabin attendant is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; - 79
CABIN CREW - 79. Flight time, duty periods and rest periods
AI-assisted research summary: The Authority must make regulations specifying flight time, flight duty periods and rest period limits for cabin crew as set out in the Fourth Schedule.
Section 79. Flight time, duty periods and rest periods Section The Authority shall establish regulations specifying the flight limits applicable to flight time, flight duty periods and rest periods for cabin crew as specified in the Fourth Schedule.
Part XII
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING
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INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 80. Instructor qualifications - flight crew, cabin crew, flight operations officer
AI-assisted research summary: Requires instructor and check personnel to hold required licenses, complete required training and competency/recency checks, and hold an appropriate medical certificate to serve as pilot-in-command, flight engineer, cabin crew, or flight operations officer.
Section 80. Instructor qualifications - flight crew, cabin crew, flight operations officer Section 80(1)(a) holds the personnel licenses and ratings required to serve as a PlC or a flight engineer, as applicable; Section 80(1)(b) has satisfactorily completed the appropriate training phases for the helicopter, including recurrent training and differences training, that are required to serve as a PIC or flight engineer, as applicable; Section 80(1)(c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC or flight engineer, as applicable; Section 80(1)(d) has satisfactorily completed the applicable initial or transitional training requirements and the Authority-observed in-flight competency check; and Section 80(1)(e) holds the appropriate medical certificate for service as a required crew member. Section 80(2)(a) flown at least five flights as a required crew member for the type of helicopter involved; or Section 80(2)(b) observed, on the flight deck, the conduct of two complete flights in the helicopter type to which the person is assigned. Section 80(3)(a) holds or has held the qualification required to serve as a cabin crew member; Section 80(3)(b) satisfactorily completed the appropriate training phases for the helicopter and position involved, including recurrent training and differences training, that are required to serve as a cabin crew member; Section 80(3)(c) has satisfactorily completed the appropriate competency and recency of experience checks that are required to service as a cabin crew member; and Section 80(3)(d) has satisfactorily completed the applicable initial or transitional training requirements and the Authority observed competency check. Section 80(4)(a) holds the license required to serve as a flight operations officer; Section 80(4)(b) has satisfactorily completed the appropriate training phases for the helicopter or position involved, including recurrent training and differences training, that are required to serve as a flight operations officer; Section 80(4)(c) has satisfactorily completed the appropriate competency and recency of experience checks that are required to serve as a flight operations officer; and Section 80(4)(d) has satisfactorily completed the applicable initial or transitional training requirements and the Authority observed competency check. - 81
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 81. Instructor training
AI-assisted research summary: A person may not serve as an instructor for flight crew, cabin crew or flight operations officers unless they have completed the curricula approved by the Authority for those functions.
Section 81. Instructor training Section 81(1) A person shall not serve as an instructor for flight crew, cabin crew or flight operations officers, unless the person has completed the curricula approved by the Authority for those functions for which they are to serve. Section 81(2) The training programme requirements for flight crew instructors shall be as contained in the Third Schedule. - 82
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 82. Personnel approved to conduct checks
AI-assisted research summary: Personnel approved to conduct checks must carry out initial and recurrent proficiency and competency checks, certify crews' knowledge and proficiency, supervise OE, and no person or operator may serve or use a person as check personnel unless that person has demonstrated, initially and at least bi‑annually to an Authority inspector, the ability to conduct the approved check.
Section 82. Personnel approved to conduct checks Section 82(1)(a) check pilot; Section 82(1)(b) check cabin crew member; and Section 82(1)(c) check flight operations officer. Section 82(2)(a) conduct initial and recurrent proficiency checks for flight crew and competency checks for cabin crew and flight operations officers; Section 82(2)(b) certify as satisfactory, the knowledge and proficiency of the flight crew, and the knowledge and competency of the cabin crew and flight operations officers; and Section 82(2)(c) for all check personnel, supervise Operating Experience (OE). Section 82(3)(a) has been identified by name and function and approved in writing by the Authority; and Section 82(3)(b) has successfully completed the operator's curricula approved by the Authority for those functions for which he or she is to serve. Section 82(4) Once approved, no person may serve nor may any operator use a person as a check personnel for any flight crew, cabin crew or flight operations officer checks unless that person has demonstrated, initially and at least bi-annually to an Authority inspector, the ability to conduct a check for which he or she is approved. - 83
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 83. Check personnel qualifications- flight crew training
AI-assisted research summary: Section 83. Check personnel qualifications- flight crew training Section holds the personnel licenses and ratings required to serve as a PlC or a flight engineer, as applicable;
Section 83. Check personnel qualifications- flight crew training Section holds the personnel licenses and ratings required to serve as a PlC or a flight engineer, as applicable; - 84
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 84. Check personnel qualifications- simulator additional requirements
AI-assisted research summary: Requires personnel to have flown at least five flights as a required crew member for the relevant aircraft type.
Section 84. Check personnel qualifications- simulator additional requirements Section flown at least five flights as a required crew member for the type of aircraft involved; or - 85
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 85. Check personnel for cabin crew
AI-assisted research summary: Cabin crew personnel holds or has held the cabin crew member certificate.
Section 85. Check personnel for cabin crew Section holds or has held the cabin crew member certificate; - 86
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 86. Check personnel for flight operations officers
AI-assisted research summary: Section holds the license required to serve as a flight operations officer;
Section 86. Check personnel for flight operations officers Section holds the license required to serve as a flight operations officer; - 87
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 87. Check personnel training
AI-assisted research summary: An operator must not use a person for checks unless that person has completed the curricula approved by the Authority for those functions.
Section 87. Check personnel training Section 87(1) An operator shall not use a person for checks unless that person has completed the curricula approved by the Authority for those functions for which they are to serve. Section 87(2) Specific training programme requirements for check personnel shall be as specified in the Third Schedule. - 88
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 88. Monitoring of training and checking activities
AI-assisted research summary: If required information under subregulation (1) is not provided, the training or check may be invalidated and the Authority may require the training or check to be repeated for observation.
Section 88. Monitoring of training and checking activities Section 88(1)(a) training for which a curriculum is approved in the Operator's training programme; and Section 88(1)(b) proficiency, competency and line checks. Section 88(2) Failure to provide the information required under subregulation (1) may invalidate the training or check and the Authority may require that it be repeated for observation purposes. - 89
INSTRUCTOR AND CHECK PERSONNEL QUALIFICATIONS AND TRAINING - 89. Termination of a proficiency, competency or line check
AI-assisted research summary: If a proficiency, competency or line check is terminated, the Operator must not use that crew member or flight operations officer in commercial air transport operations until a satisfactory recheck is completed.
Section 89. Termination of a proficiency, competency or line check Section If it is necessary to terminate a check for any reason, the Operator may not use the crew member or flight operations officer in commercial air transport operations until the completion of a satisfactory recheck.
Part XIII
HELICOPTER MAINTENANCE-COMMERCIAL
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HELICOPTER MAINTENANCE-COMMERCIAL - 90. Operators maintenance control manual
AI-assisted research summary: The operator must provide and keep up to date a maintenance control manual acceptable to the Authority, furnish amendments promptly to recipients, and provide copies to the State of the Operator and the State of Registry including required mandatory material.
Section 90. Operators maintenance control manual Section 90(1) The operator shall provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance control manual, acceptable to the Authority and the design of the manual shall observe Human Factors principles. Section 90(2) The operator shall ensure that the maintenance control manual is amended as necessary to keep the information contained therein up to date. Section 90(3) Copies of all amendments to the operator's maintenance control manual shall be furnished promptly to all organizations or persons to whom the manual has been issued. Section 90(4) The operator shall provide the State of the Operator and the State of Registry with a copy of the operator's maintenance control manual, together with all amendments or revisions to it and shall incorporate in it such mandatory material as the State of the Operator or the State of Registry may require. - 91
HELICOPTER MAINTENANCE-COMMERCIAL - 91. Maintenance programme
AI-assisted research summary: An operator must provide a maintenance programme, approved by the Authority, and must ensure its design and application observe Human Factors principles.
Section 91. Maintenance programme Section 91(1) An operator shall provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance programme, approved by the Authority and the design and application of the operator's maintenance programme shall observe Human Factors principles. Section 91(2) Copies of all amendments to the maintenance programme shall be furnished promptly to all organizations or persons to whom the maintenance programme has been issued. - 92
HELICOPTER MAINTENANCE-COMMERCIAL - 92. Maintenance of records
AI-assisted research summary: Requires maintenance records for helicopters listing service time, compliance status, modifications and repairs, overhaul times, maintenance-programme compliance, and maintenance-release evidence; retention periods specified (90 days and one year) and records must be provided or transferred to new operators on temporary or permanent operator changes.
Section 92. Maintenance of records Section 92(1)(a) the total time in service (hours, calendar time and cycles, as appropriate) of the helicopter and all life-limited components; Section 92(1)(b) the current status of compliance with all mandatory continuing airworthiness information; Section 92(1)(c) appropriate details of modifications and repairs to the helicopter and its major components; Section 92(1)(d) the time in service (hours, calendar time and cycles, as appropriate) since last overhaul of the helicopter or its components subject to a mandatory overhaul life; Section 92(1)(e) the current status of the helicopter's compliance with the maintenance programme; and Section 92(1)(f) the detailed maintenance records to show that all requirements for a maintenance release have been met. Section 92(2) Records in subregulation(1)(a) to (e) shall be kept for a minimum period of 90 days after the unit to which they refer has been permanently withdrawn from service, and the records in subregulation (2)(f) for a minimum period of one year after the signing of the maintenance release. Section 92(3) In the event of a temporary change of operator, the records shall be made available to the new operator and in the event of any permanent change of operator, the records shall be transferred to the new operator.
Part XIV
HELICOPTER GENERAL AVIATION
- 100
HELICOPTER GENERAL AVIATION - 100. Helicopter airworthiness and safety precaution
AI-assisted research summary: Requires that the helicopter is airworthy, duly registered, and that appropriate certificates are aboard the helicopter.
Section 100. Helicopter airworthiness and safety precaution Section the helicopter is airworthy, duly registered and that appropriate certificates with respect thereto are aboard the helicopter; - 101
HELICOPTER GENERAL AVIATION - 101. Weather reports and forecasts
AI-assisted research summary: About weather reports and forecasts: a study of available current weather reports and forecasts.
Section 101. Weather reports and forecasts Section a study of available current weather reports and forecasts; and - 102
HELICOPTER GENERAL AVIATION - 102. Limitations imposed by weather conditions VFR, IFR
AI-assisted research summary: Section 102 imposes meteorological minima for commencing or continuing VFR and instrument approaches for helicopter flights; flights must not commence or continue unless specified weather reports and minima are met, and flights in icing conditions require certificated and equipped helicopters.
Section 102. Limitations imposed by weather conditions VFR, IFR Section 102(1) A flight, except one of purely local character in visual meteorological conditions, to be conducted in accordance with VFR shall not be commenced unless current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route, or that part of the route to be flown under VFR, shall, at the appropriate time, be such as to enable compliance with these rules. Section 102(2)(a) when an alternate is required, shall not be commenced unless the available information indicates that conditions, at the heliport of intended landing and at least one alternate heliport shall, at the estimated time of arrival, be at or above the heliport operating minima; Section 102(2)(b) a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure; and Section 102(2)(b)(i) a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure; and Section 102(2)(b)(ii) visibility of at least 1.5 km more than the minimum associated with the procedure. Section 102(3)(a) a flight shall not be continued towards the heliport of intended landing unless the latest available meteorological information indicates that conditions at that heliport, or at least one alternate heliport, shall, at the estimated time of arrival, be at or above the specified heliport operating minima; Section 102(3)(b) an instrument approach shall not be continued below 300 m (1 000 ft) above the heliport elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the heliport operating minima; Section 102(3)(c) if, after entering the final approach segment or after descending below 300 m (1 000 ft) above the heliport elevation, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to DA/H or MDA/H and in any case, a helicopter shall not continue its approach-to-land beyond a point at which the limits of the heliport operating minima would be infringed. Section 102(4) A flight to be operated in known or expected icing conditions shall not be commenced unless the helicopter is certificated and equipped to cope with such conditions. - 103
HELICOPTER GENERAL AVIATION - 103. Alternate heliports
AI-assisted research summary: Sets conditions for using alternate heliports, including weather, isolation and lack of alternate, prescribed instrument approach, determination of a Point of No Return (PNR); specifies use of offshore alternates only after passing PNR and onshore alternates prior to PNR; requires consideration of mechanical reliability of critical systems, attainable one-engine-inoperative performance prior to arrival at the alternate, deck availability where possible, and that weather information be reliable and accurate; and prohibits use of offshore alternates when an onshore alternate can be reached with fuel or in hostile environments.
Section 103. Alternate heliports Section 103(1)(a) the weather conditions in these Regulations prevail; Section 103(1)(b) heliport or landing location of intended landing is isolated and no alternate heliport or landing location is available; Section 103(1)(c) an instrument approach procedure is prescribed for the isolated heliport of intended landing; and Section 103(1)(d) a Point of No Return (PNR) is determined in case of an offshore destination. Section 103(2)(a) the offshore alternates shall be used only after passing a PNR and prior to a PNR, onshore alternates shall be used; Section 103(2)(b) mechanical reliability of critical control systems and critical components shall be considered and taken into account when determining the suitability of the alternate; Section 103(2)(c) one engine inoperative performance capability shall be attainable prior to arrival at the alternate; Section 103(2)(d) to the extent possible, deck availability shall be guaranteed; and Section 103(2)(e) weather information must be reliable and accurate. Section 103(3) Offshore alternates shall not be used when it is possible to carry enough fuel to have an onshore alternate and offshore alternates shall not be used in a hostile environment. - 104
HELICOPTER GENERAL AVIATION - 104. Fuel and oil requirements
AI-assisted research summary: Flights must carry sufficient fuel and oil and carry reserves; specified reserve durations and holding altitudes are set, and the Authority may determine additional contingency fuel.
Section 104. Fuel and oil requirements Section 104(1) A flight shall not be commenced unless, taking into account both the meteorological conditions and any delays that are expected in flight, the helicopter carries sufficient fuel and oil to ensure that it can safely complete the flight and in addition, a reserve shall be carried to provide for contingencies. Section 104(2)(a) fly to the landing site to which the flight is planned; Section 104(2)(b) have a final reserve fuel to fly thereafter for a period of 20 minutes at best-range speed; and Section 104(2)(c) have an additional amount of fuel to provide for the increased consumption on the occurrence of potential contingencies, as determined by the Authority. Section 104(3)(a) a final reserve fuel to fly 30 minutes at holding speed at 450 m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 104(3)(a)(i) a final reserve fuel to fly 30 minutes at holding speed at 450 m (1 500 ft) above the destination heliport or landing location under standard temperature conditions and approach and land; and Section 104(3)(a)(ii) an additional amount of fuel to provide for the increased consumption on the occurrence of potential contingencies. Section 104(3)(b) fly to and execute an approach at the alternate specified in the flight plan; and then Section 104(3)(b)(i) fly to and execute an approach at the alternate specified in the flight plan; and then Section 104(3)(b)(ii) have a final reserve fuel to fly for 30 minutes at holding speed at 450 m (1 500 ft) above the alternate under standard temperature conditions, and approach and land; and Section 104(3)(b)(iii) have an additional amount of fuel to provide for the increased consumption on the occurrence of potential contingencies. Section 104(3)(c) when no alternate heliport or landing location is available (that is, the heliport of intended landing is isolated and no alternate is available), to fly to the heliport to which the flight is planned and thereafter for a period as specified by the Authority. Section 104(4)(a) meteorological conditions forecast; Section 104(4)(b) expected air traffic control routings and traffic delays; Section 104(4)(c) for IFR flight, one instrument approach at the destination heliport, including a missed approach; Section 104(4)(d) the procedures for loss of pressurization, where applicable, or failure of one engine while en route; and Section 104(4)(e) any other conditions that may delay the landing of the helicopter or increase fuel or oil consumption. Section 104(5) The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, if applicable, adjustment of the planned operation. - 105
HELICOPTER GENERAL AVIATION - 105. In flight fuel management
AI-assisted research summary: The pilot-in-command must monitor usable fuel levels, advise ATC by declaring MINIMUM FUEL when fuel may fall below planned final reserve, and declare a fuel emergency by broadcasting MAYDAY when estimated usable fuel on landing is less than required final reserve.
Section 105. In flight fuel management Section 105(1) The pilot-in-command shall monitor the amount of usable fuel remaining on board to ensure it is not less than the fuel required to proceed to a landing site where a safe landing can be made with the planned final reserve fuel remaining. Section 105(2) The pilot-in-command shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific landing site, the pilot calculates that any change to the existing clearance to that landing site, or other air traffic delays, may result in landing with less than the planned final reserve fuel. Section 105(3) The pilot-in-command shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAY MAYDAY FUEL, when the usable fuel estimated to be available upon landing at the nearest landing site where a safe landing can be made is less than the required final reserve fuel in compliance with these Regulations. - 106
HELICOPTER GENERAL AVIATION - 106. Oxygen supply
AI-assisted research summary: A pressurized helicopter flight must carry sufficient stored breathing oxygen to supply all crew members and a proportion of passengers when atmospheric pressure in any occupied compartment would be less than 700 hPa, and specific minimum supplies are required for periods at pressures between 700 hPa and 620 hPa and below 620 hPa.
Section 106. Oxygen supply Section 106(1) Approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in the text are as follows— Absolute pressureMetresFeet700 hPa3 00010 000620 hPa4 00013 000 Section 106(2)(a) all crew members and 10 per cent of the passengers for any period in excess of 30 minutes that the pressure in compartments occupied by them is between 700 hPa and 620 hPa; Section 106(2)(b) the crew and passengers for any period that the atmospheric pressure in compartments occupied by them is less than 620 hPa. Section 106(3) A flight to be operated with a pressurized helicopter shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and a proportion of the passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurization, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. - 107
HELICOPTER GENERAL AVIATION - 107. Use of Oxygen
AI-assisted research summary: All flight crew members must use breathing oxygen continuously when performing duties essential to the safe operation of a helicopter in flight whenever circumstances require its supply.
Section 107. Use of Oxygen Section All flight crew members, when engaged in performing duties essential to the safe operation of a helicopter in flight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in these Regulations. - 108
HELICOPTER GENERAL AVIATION - 108. In-Flight emergency instruction
AI-assisted research summary: During an in-flight emergency, the pilot-in-command must ensure all persons on board are instructed in appropriate emergency actions.
Section 108. In-Flight emergency instruction Section In an emergency during flight, the pilot-in-command shall ensure that all persons on board are instructed in such emergency action as may be appropriate to the circumstances. - 109
HELICOPTER GENERAL AVIATION - 109. Weather reporting by pilots
AI-assisted research summary: Pilots must report weather conditions likely to affect the safety of other aircraft as soon as possible.
Section 109. Weather reporting by pilots Section When weather conditions likely to affect the safety of other aircraft are encountered, they shall be reported as soon as possible. - 110
HELICOPTER GENERAL AVIATION - 110. Hazardous flight conditions
AI-assisted research summary: Hazardous flight conditions encountered en route, other than those associated with meteorological conditions, should be reported as soon as possible, and the reports must give details pertinent to the safety of other aircraft.
Section 110. Hazardous flight conditions Section Hazardous flight conditions, other than those associated with meteorological conditions, encountered en route should be reported as soon as possible and the reports so rendered shall give such details as may be pertinent to the safety of other aircraft. - 111
HELICOPTER GENERAL AVIATION - 111. Fitness of flight crew members
AI-assisted research summary: The section does not commence if any flight crew member is incapacitated from performing duties due to causes like injury, sickness, fatigue, or the effects of alcohol or drugs.
Section 111. Fitness of flight crew members Section is not commenced if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; and - 112
HELICOPTER GENERAL AVIATION - 112. Flight crew members at duty stations
AI-assisted research summary: Flight crew required on the flight deck must be at their stations for take‑off and landing; crew must remain at stations except to perform operational duties or for physiological needs; crew must keep seat belts fastened at their stations; safety harnesses must be kept fastened during take‑off and landing unless shoulder straps interfere with duties, in which case shoulder straps may be unfastened but seat belt must remain fastened.
Section 112. Flight crew members at duty stations Section 112(1) All flight crew members required to be on flight deck duty shall be at their stations when taking-off and landing. Section 112(2) All flight crew members required to be on flight deck duty shall remain at their stations except when their absence is necessary for the performance of duties in connection with the operation of the helicopter, or for physiological needs. Section 112(3) All flight crew members shall keep their seat belt fastened when at their stations. Section 112(4) When safety harnesses are provided, any flight crew member occupying a pilot's seat or all other flight crew members shall keep their safety harness fastened during the take-off and landing phases, unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt shall remain fastened. - 113
HELICOPTER GENERAL AVIATION - 113. Instrument Flight Procedures
AI-assisted research summary: States must approve and publish instrument approach procedures for each final approach, take-off area, or heliport; helicopters flying under IFR must follow those approved procedures.
Section 113. Instrument Flight Procedures Section 113(1) One or more instrument approach procedures designed to support instrument approach operations shall be approved and promulgated by the State in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya, to serve each final approach and take-off area or heliport utilized for instrument flight operations. Section 113(2) All helicopters operated in accordance with IFR shall comply with the instrument approach procedures approved by the State in which the heliport is located, or by the State which is responsible for the heliport when located outside the territory of Kenya. - 114
HELICOPTER GENERAL AVIATION - 114. Instructions-General
AI-assisted research summary: A helicopter rotor must not be turned under power for the purpose of flight unless there is a qualified pilot at the controls.
Section 114. Instructions-General Section A helicopter rotor shall not be turned under power for the purpose of flight without a qualified pilot at the controls. - 115
HELICOPTER GENERAL AVIATION - 115. Refuelling with passengers on board or rotors turning
AI-assisted research summary: A helicopter must not be refuelled when passengers are embarking, on board or disembarking, or when the rotor is turning, unless attended by the pilot-in-command or other qualified personnel ready to initiate and direct an evacuation.
Section 115. Refuelling with passengers on board or rotors turning Section 115(1) A helicopter should not be refuelled when passengers are embarking, on board or disembarking or when the rotor is turning unless it is attended by the pilot-in-command or other qualified personnel ready to initiate and direct an evacuation of the helicopter by the most practical and expeditious means available. Section 115(2) When refuelling with passengers embarking, on board or disembarking, two-way communications shall be maintained by helicopter inter-communications system or other suitable means between the ground crew supervising the refuelling and the pilot-in-command or other qualified personnel required by subregulation (1). - 116
HELICOPTER GENERAL AVIATION - 116. Over-water flights
AI-assisted research summary: Section 116: Over-water flights
Section 116. Over-water flights - 117
HELICOPTER GENERAL AVIATION - 117. Operating limitations
AI-assisted research summary: The competent authority of the State in which the heliport is situated shall take precautions to control the risk associated with an engine failure when helicopters operate to or from heliports in a congested hostile environment; that competent authority may, in exceptional circumstances for a heliport with no noise disturbance problem, authorize otherwise restricted operations.
Section 117. Operating limitations Section 117(1)(a) in compliance with the terms of its airworthiness certificate or equivalent approved document; Section 117(1)(b) within the operating limitations prescribed by the Authority; and Section 117(1)(c) within the mass limitations imposed by compliance with the applicable noise certification standards in the Civil Aviation (Environmental Protection) Regulations, unless otherwise authorized, in exceptional circumstances for a certain heliport where there is no noise disturbance problem, by the competent authority of the State in which the heliport is situated. Section 117(2) Placards, listings, instrument markings or combinations thereof, containing those operating limitations prescribed by the Authority for visual presentation, shall be displayed in the helicopter. Section 117(3) Where helicopters are operating to or from heliports in a congested hostile environment, the competent authority of the State in which the heliport is situated shall take such precautions as are necessary to control the risk associated with an engine failure.Referenced legislation
- Civil Aviation (Environmental Protection) Regulations (unresolved)
- 118
HELICOPTER GENERAL AVIATION - 118. Maintenance responsibilities
AI-assisted research summary: If the certificate of release to service is not issued by an approved organization, the person who signs that certificate must be licensed under the Civil Aviation (Personnel Licensing) Regulations.
Section 118. Maintenance responsibilities Section 118(1)(a) the helicopter is maintained in an airworthy condition; Section 118(1)(b) the operational and emergency equipment necessary for the intended flight is serviceable; Section 118(1)(c) the certificate of airworthiness of the helicopter remains valid; and Section 118(1)(d) the maintenance of the helicopter is performed in accordance with a maintenance programme acceptable to the Authority. Section 118(2) The helicopter shall not be operated unless it is maintained and released to service under a system acceptable to the Authority. Section 118(3) When the certificate of release to service is not issued by an organization approved in accordance with the Civil Aviation (Airworthiness) Regulations the person signing the certificate of release to service shall be licensed in accordance with the Civil Aviation (Personnel Licensing) Regulations.Referenced legislation
- Civil Aviation (Personnel Licensing) Regulations (unresolved)
- Civil Aviation (Airworthiness) Regulations (unresolved)
- 119
HELICOPTER GENERAL AVIATION - 119. Maintenance records
AI-assisted research summary: Lessee must keep helicopter maintenance records including specified items and retain them for minimum periods; lessee must comply with subregulations (1) and (2).
Section 119. Maintenance records Section 119(1)(a) the total time in service hours, calendar time and cycles, as appropriate of the helicopter and all life-limited components; Section 119(1)(b) the current status of compliance with all mandatory continuing airworthiness information; Section 119(1)(c) appropriate details of modifications and repairs to the helicopter: Section 119(1)(d) the time in service (hours, calendar time and cycles, as appropriate) since last overhaul of the helicopter or its components subject to a mandatory overhaul life; Section 119(1)(e) the current status of the helicopter's compliance with the maintenance programme; and Section 119(1)(f) the detailed maintenance records to show that all requirements for signing of a certificate of release to service have been met. Section 119(2) The records in subregulation (1) (a) to (e) above shall be kept for a minimum period of 90 days after the unit to which they refer has been permanently withdrawn from service, and the records in subregulation (1)(f) above for a minimum period of one year after the signing of the certificate of release to service. Section 119(3) The lessee of a helicopter shall comply with the requirements of subregulation (1) and (2) above, as applicable, while the helicopter is leased. - 120
HELICOPTER GENERAL AVIATION - 120. Continuing airworthiness information
AI-assisted research summary: Owners (or lessees) of helicopters over 3175 kg must ensure maintenance and operational continuing-airworthiness information is transmitted as required by the Authority and the Civil Aviation (Airworthiness) Regulations.
Section 120. Continuing airworthiness information Section The owner of a helicopter over 3175 kg maximum certificated take-off mass, or in the case where it is leased, the lessee, shall, as required by the Authority, ensure that the information resulting from maintenance and operational experience with respect to continuing airworthiness is transmitted as required by the Civil Aviation (Airworthiness) Regulations.Referenced legislation
- Civil Aviation (Airworthiness) Regulations (unresolved)
- 121
HELICOPTER GENERAL AVIATION - 121. Modification and Repairs
AI-assisted research summary: Modifications and repairs must comply with airworthiness requirements acceptable to the Authority, and procedures must ensure that substantiating compliance data are retained.
Section 121. Modification and Repairs Section All modifications and repairs shall comply with airworthiness requirements acceptable to the Authority and the procedures shall be established to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained. - 122
HELICOPTER GENERAL AVIATION - 122. Certificate of release to service
AI-assisted research summary: A certificate of release to service must be completed and signed to certify that maintenance work has been completed satisfactorily, in the form prescribed by the Authority.
Section 122. Certificate of release to service Section 122(1) A certificate of release to service shall be completed and signed, as prescribed by the Authority, to certify that the maintenance work performed has been completed satisfactorily. Section 122(2)(a) basic details of the maintenance carried out; Section 122(2)(b) the date such maintenance was completed; Section 122(2)(c) when applicable, the identity of the approved maintenance organization; and Section 122(2)(d) the identity of the person or persons signing the release. - 123
HELICOPTER GENERAL AVIATION - 123. Qualifications
AI-assisted research summary: The pilot-in-command must ensure that each flight crew member's licences are issued or rendered valid by the Authority, properly rated and current, and that flight crew members have maintained competence.
Section 123. Qualifications Section The pilot-in-command shall ensure that the licences of each flight crew member have been issued or rendered valid by the Authority, and are properly rated and of current validity, and shall be satisfied that flight crew members have maintained competence. - 124
HELICOPTER GENERAL AVIATION - 124. Composition of flight crew
AI-assisted research summary: The number and composition of the flight crew must be at least what is specified in the flight manual or in documents associated with the certificate of airworthiness.
Section 124. Composition of flight crew Section The number and composition of the flight crew shall not be less than that specified in the flight manual or other documents associated with the certificate of airworthiness. - 93
HELICOPTER GENERAL AVIATION - 93. Compliance with laws, regulations and procedures
AI-assisted research summary: The pilot-in-command must comply with applicable laws and is responsible for the safety and operation of the helicopter, must notify authorities of violations or accidents and keep search-and-rescue information on board.
Section 93. Compliance with laws, regulations and procedures Section 93(1) The pilot-in-command shall comply with the relevant laws, regulations and procedures of the States in which the helicopter is operated. Section 93(2) The pilot-in-command shall be responsible for the operation and safety of the helicopter and for the safety of all crew members, passengers and cargo on board, from the moment the engine(s) are started until the helicopter finally comes to rest at the end of the flight, with the engine(s) shut down and the rotor blades stopped. Section 93(3) If an emergency situation which endangers the safety of the helicopter or persons necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall notify the appropriate local authority without delay and if required by the State in which the incident occurs, the pilot-in-command shall submit a report on any such violation to the appropriate authority of such State, in that event, the pilot-in-command shall also submit a copy of it to the Authority and such reports shall be submitted as soon as possible and normally within ten days. Section 93(4) The pilot-in-command shall be responsible for notifying the nearest appropriate authority by the quickest available means of any accident involving the helicopter, resulting in serious injury or death of any person or substantial damage to the helicopter or property. Section 93(5) The pilot-in-command shall have available on board the helicopter essential information concerning the search and rescue services in the areas over which it is intended the helicopter will be flown. - 94
HELICOPTER GENERAL AVIATION - 94. Dangerous goods
AI-assisted research summary: Carriage of dangerous goods shall be as prescribed in the Civil Aviation (Air Operator Certification and Administration) Regulations.
Section 94. Dangerous goods Section Carriage of dangerous goods shall be as prescribed in the Civil Aviation (Air Operator Certification and Administration) Regulations.Referenced legislation
- Civil Aviation (Air Operator Certification and Administration) Regulations (unresolved)
- 95
HELICOPTER GENERAL AVIATION - 95. Use of psychoactive substances
AI-assisted research summary: Provisions against the use of psychoactive substances shall be as prescribed in the Civil Aviation (Personnel Licensing) Regulations.
Section 95. Use of psychoactive substances Section Provisions against the use of psychoactive substances shall be as prescribed in the Civil Aviation (Personnel Licensing) Regulations.Referenced legislation
- Civil Aviation (Personnel Licensing) Regulations (unresolved)
- 96
HELICOPTER GENERAL AVIATION - 96. Specific approvals
AI-assisted research summary: Section title: Specific approvals
Section 96. Specific approvals - 97
HELICOPTER GENERAL AVIATION - 97. Adequacy of operating facilities
AI-assisted research summary: The pilot-in-command must not begin a flight unless they have confirmed by every reasonable means that the ground or water facilities directly required for the flight and the safe operation of the helicopter are adequate, including communication facilities and navigation aids.
Section 97. Adequacy of operating facilities Section The pilot-in-command shall not commence a flight, unless it has been ascertained by every reasonable means available that the ground or water facilities available and directly required for such flight and for the safe operation of the helicopter are adequate, including communication facilities and navigation aids. - 98
HELICOPTER GENERAL AVIATION - 98. Heliport or landing location operating minima
AI-assisted research summary: The pilot-in-command must set operating minima for each heliport or landing location following Authority criteria, and the Authority may approve operational credits for certain helicopter equipment.
Section 98. Heliport or landing location operating minima Section 98(1) The pilot-in-command shall establish operating minima in accordance with criteria specified by the Authority for each heliport or landing location to be used in operations and such minima shall not be lower than any that may be established by the State of the Aerodrome, except when specifically approved by that State. Section 98(2) The Authority may approve operational credit(s) for operations with helicopters equipped with automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS and such approvals shall not affect the classification of the instrument approach procedure. - 99
HELICOPTER GENERAL AVIATION - 99. Briefing
AI-assisted research summary: The pilot-in-command must ensure that everyone on board knows where collective emergency equipment is and the general way to use it.
Section 99. Briefing Section 99(1)(a) emergency exits; Section 99(1)(b) life jackets; Section 99(1)(c) oxygen dispensing equipment; and Section 99(1)(d) other emergency equipment provided for individual use, including passenger emergency briefing cards. Section 99(2) The pilot-in-command shall ensure that all persons on board are aware of the location and general manner of use of the principal emergency equipment carried for collective use.
Part XV
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES
- 125
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 125. Applicability
AI-assisted research summary: Regulations in this Part apply to all helicopters engaged in commercial air transport or general aviation operations.
Section 125. Applicability Section Regulations contained in this Part shall be applicable to all helicopters engaged in commercial air transport operations or in general aviation operations. - 126
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 126. Requirement for application
AI-assisted research summary: A person may apply to the Authority for an exemption from any of these Regulations.
Section 126. Requirement for application Section 126(1) A person may apply to the Authority for an exemption from any of these Regulations. Section 126(2) An applications for exemption shall be submitted at least sixty days in advance of the proposed effective date. Section 126(3)(a) the applicant's name; Section 126(3)(b) physical address and mailing address; Section 126(3)(c) telephone number; Section 126(3)(d) fax number if available; and Section 126(3)(e) email address if available. Section 126(4) The application shall be accompanied by a fee specified by the Authority, for technical evaluation. - 127
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 127. Request for exemption- Review, Publication and Issue or Denial of the Exemption
AI-assisted research summary: Applicants must include specific information (items (a)–(h)) when requesting an exemption; emergency requests must state why the application was late and why it is an emergency; the Authority may deny applications if the applicant fails to justify untimely filing.
Section 127. Request for exemption- Review, Publication and Issue or Denial of the Exemption Section 127(1)(a) a citation of the specific requirement from which the applicant seeks exemption; Section 127(1)(b) an explanation of why the exemption is needed; Section 127(1)(c) a description of the type of operations to be conducted under the proposed exemption; Section 127(1)(d) the proposed duration of the exemption; Section 127(1)(e) an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole; Section 127(1)(f) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; Section 127(1)(g) a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and Section 127(1)(h) if the applicant seeks to operate under the proposed exemption outside of the Kenyan airspace, the application shall indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO) as well as the Regulations pertaining to the airspace in which the operation shall occur. Section 127(2) Where the applicant seeks emergency processing, the application shall contain supporting facts and reasons why the application was not filed in time, and the reasons it is an emergency. Section 127(3) The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption in a timely fashion. - 128
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 128. Initial review by the Authority
AI-assisted research summary: The Authority must review applications for accuracy and compliance, publish summaries for comment when merits review is justified, notify applicants when filing requirements are not met and pause processing until correction, and publish applications or decisions for emergency relief as soon as possible after processing.
Section 128. Initial review by the Authority Section 128(1) The Authority shall review the application for accuracy and compliance with the requirements of Regulations 86 and 87. Section 128(2) If the application appears on its face to satisfy the provisions of this regulation and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application in the Kenya Gazette , aeronautical information circular or at least one local daily newspaper with a wider circulation for comment and specify the date by which comments shall be received by the Authority for consideration. Section 128(3) Where the filing requirements of Regulations 86 and 87 have not been met, the Authority will notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with these Regulations. Section 128(4) If the request is for emergency relief, the Authority shall publish the application or the Authority's decision as soon as possible after processing the application.Referenced legislation
- Kenya Gazette (unresolved)
- 87 (unresolved)
- 87 (unresolved)
- 129
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 129. Evaluation of the request
AI-assisted research summary: The Authority must notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request.
Section 129. Evaluation of the request Section 129(1)(a) determination of whether an exemption would be in the public interest; Section 129(1)(b) a determination, after a technical evaluation of whether the applicant's proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority's technical resources, the Authority may deny the exemption on that basis; Section 129(1)(c) a determination of whether a grant of the exemption would contravene the applicable ICAO Standards and Recommended Practices; and Section 129(1)(d) a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. Section 129(2) The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request. Section 129(3) The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. Section 129(4) If the exemption affects a significant population of the aviation community of Kenya, the Authority shall publish the summary in the Aeronautical Information Circular. - 130
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 130. Possession of the licence
AI-assisted research summary: Licence holders and flight crew of foreign-registered aircraft must have their licence, certificate or authorisation physically with them or at the work site when exercising its privileges.
Section 130. Possession of the licence Section 130(1) A holder of a licence, certificate or authorisation or other document issued by the Authority, shall have it in his or her physical possession or at the work site when exercising the privileges of that licence, certificate, authorisation or such other document. Section 130(2) A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or authorisation and have it in his or her physical possession or at the work site when exercising the privileges of that licence, certificate or authorisation. - 131
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 131. Drug and alcohol testing and reporting
AI-assisted research summary: Any person who performs any function related to operation of aircraft under these Regulations may be tested for drug or alcohol usage.
Section 131. Drug and alcohol testing and reporting Section 131(1) Any person who performs any function related to operation of aircraft under these Regulations may be tested for drug or alcohol usage. Section 131(2)(a) tests positive for drug or alcohol usage; Section 131(2)(b) refuses to submit to a test; or Section 131(2)(c) refuses to furnish or to authorise the release of the test results requested by the Authority. - 132
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 132. Inspection of licences and certificate
AI-assisted research summary: Persons holding a licence, certificate, authorisation or similar document must present it for inspection when requested by the Authority or someone authorized by the Authority.
Section 132. Inspection of licences and certificate Section A person who holds a licence, certificate, authorisation or such other document required by these Regulations shall present it for inspection upon a request from the Authority or any person authorized by the Authority. - 133
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 133. Change of name
AI-assisted research summary: Holders may apply to change the name on licences or similar documents by providing evidence of the name change; the Authority may change and replace documents and must return originals to the holder while retaining copies; such documents are not transferable.
Section 133. Change of name Section 133(1) A holder of a licence, certificate, authorisation or other document issued under by the Authority may apply to change the name on a licence, certificate, authorisation or such other document. Section 133(2)(a) a court order, or other legal document verifying the name change; Section 133(2)(b) the current licence, certificate, authorisation or such other document sought to be amended. Section 133(3) The Authority may change the licence, certificate, authorisation or such other document and issue a replacement thereof. Section 133(4) The Authority shall return to the holder the original documents specified in subregulation (2)(b) and retain copies thereof and return the replaced licence, certificate or authorisation with the appropriate endorsement. Section 133(5) A licence, certificate, authorisation or such other document issued to a person under these Regulations is not transferable. - 134
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 134. Change of address
AI-assisted research summary: Persons must notify the Authority of changes of physical address at least fourteen days in advance and notify changes of mailing address upon the change; failure to notify the Authority of a physical address change within the specified time means the person shall not exercise the privileges of the certificate or authorisation.
Section 134. Change of address Section 134(1)(a) physical address, at least fourteen days in advance; and Section 134(1)(b) mailing address, upon the change. Section 134(2) A person who does not notify the Authority of the change in the physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate or authorisation. - 135
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 135. Replacement of documents
AI-assisted research summary: A person may apply to the Authority for replacement of documents issued under these Regulations if the documents are lost or destroyed.
Section 135. Replacement of documents Section A person may apply to the Authority for replacement of documents issued under these Regulations if the documents are lost or destroyed. - 136
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 136. Certificate suspension and revocation
AI-assisted research summary: The Authority may provisionally suspend, and after investigation may revoke, suspend or vary, certificates and similar documents; it may also prevent persons or aircraft from flying. Holders must surrender revoked, suspended or varied documents to the Authority within 14 days.
Section 136. Certificate suspension and revocation Section 136(1) The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, approval, permission, exemption, authorisation or such other document issued, granted or having effect under these Regulations. Section 136(2) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any certificate, approval, permission, exemption or such other document issued or granted under these Regulations. Section 136(3) The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. Section 136(4) A holder or any person having the possession or custody of any certificate, approval, permission, exemption or such other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation. Section 136(5) The breach of any condition subject to which any certificate, approval, permission, exemption or any other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach. - 137
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 137. Use and retention of certificates and records
AI-assisted research summary: Prohibits misuse, forgery, lending, false procurement of certificates and improper handling of required records; requires persons issuing certificates to verify statements and applicant qualifications.
Section 137. Use and retention of certificates and records Section 137(1)(a) use any certificate, approval, permission, exemption or such other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended, or to which he is not entitled; Section 137(1)(b) forge or alter any certificate, approval, permission, exemption or such other document issued or required by or under these Regulations; Section 137(1)(c) lend any certificate, approval, permission, exemption or such other document issued or required by or under these Regulations to any other person; or Section 137(1)(d) make any false representation for the purpose of procuring for himself or any other person the issue renewal or variation of any such certificate, approval, permission or exemption or such other document. Section 137(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 wilfully omit to make a material entry in such record. Section 137(3) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material. Section 137(4) A person shall not purport to issue any certificate, document or exemption under these Regulations unless he is authorised to do so by the Authority. Section 137(5) A person shall not issue any certificate of the kind referred to in subregulation (4) unless he has satisfied himself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate. - 138
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 138. Reports of violations
AI-assisted research summary: People who know about a violation must report it to the Authority; the Authority must decide what further investigation or enforcement is needed.
Section 138. Reports of violations Section 138(1) Any person who knows of a violation of the Act, any amendment thereto, or any rule, regulation, or order issued thereunder, shall report it to the Authority. Section 138(2) The Authority shall determine the nature and type of any additional investigation or enforcement action that need be taken. - 139
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 139. Enforcement
AI-assisted research summary: The Authority must take enforcement action against regulated entities that do not comply; inspectors with valid delegations must take necessary action to preserve safety and, when carrying out enforcement under subregulation (2), must invoke powers with due care and act in good faith to preserve safety.
Section 139. Enforcement Section 139(1) The Authority shall take enforcement action on any regulated entity that fails to comply with the provisions of these Regulations. Section 139(2) Inspectors of the Authority holding valid delegations shall take necessary action to preserve safety where an undesirable condition has been detected. Section 139(3)(a) in the case of a regulated entity, imposition of operating restrictions until such a time that the existing undesirable condition has been resolved; Section 139(3)(b) in the case of a licensed personnel, require that the individual does not exercise the privileges of the license until such a time that the undesirable condition has been resolved. Section 139(4) In carrying out the enforcement actions pursuant to the provisions of subregulation (2), the inspectors of the Authority shall invoke the powers with due care and act in good faith in the interest of preserving safety. - 140
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 140. Aeronautical user fees
AI-assisted research summary: The Authority must prescribe aeronautical fees; applicants must pay prescribed fees before applications are entertained; the Authority must not refund payments if the application is withdrawn, ceases to have effect, or is refused.
Section 140. Aeronautical user fees Section 140(1) The Authority shall prescribe the fees to be charged in connection with the issue, validation, 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 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 140(2) Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is entertained, to pay the prescribed fees. Section 140(3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority, shall not refund any payment made. - 141
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 141. Application of regulations to Government and visiting forces, etc.
AI-assisted research summary: The regulations apply to civilian aircraft; the managing department is treated as the operator (and as owner for Government aircraft), and naval/military/visiting forces and property used by them are exempt except where expressly provided otherwise.
Section 141. Application of regulations to Government and visiting forces, etc. Section 141(1) These Regulations shall apply to aircraft, not being a military aircraft 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 shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft. Section 141(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. - 142
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 142. Extra-territorial application of Regulations
AI-assisted research summary: Regulations that apply to aircraft registered in Kenya apply to those aircraft wherever they may be.
Section 142. Extra-territorial application of Regulations Section in so far as they apply, whether by express reference or otherwise, to aircraft registered in Kenya, apply to such aircraft wherever they may be; - 143
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 143. Flights over any foreign country
AI-assisted research summary: Operators or pilots of Kenyan-registered (or effectively Kenyan) aircraft flying over foreign States must not allow the aircraft to be used for purposes prejudicial to that State's security, public order, public health or air navigation safety.
Section 143. Flights over any foreign country Section 143(1) The operator or pilot-in-command of an aircraft registered in Kenya (or, if the operator's principal place of business or permanent residence is in Kenya, any other aircraft) which is being flown over any foreign State shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State. Section 143(2) A person does not contravene subregulation (1) if that person neither knew nor had reasons to suspect that the aircraft was being or was to be used for a purpose referred to in subregulation (1). Section 143(3)(a) the flight has not been duly authorised; Section 143(3)(b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or shall be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State unless the lives of persons on board or the safety of the aircraft would thereby be endangered. Section 143(4) A person does not contravene subregulation (3) if he neither knew nor suspected that the directions were being given by the appropriate aeronautical authorities. Section 143(5) The requirement in subregulation (3) shall not prejudice the need to comply with other requirements or directions of aeronautical authority. Section 143(6) In this regulation "appropriate aeronautical authorities" includes any person, whether a member of a country's military or civil authorities, authorised under the law of the foreign State to issue directions to aircraft flying over that State. - 144
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 144. Contravention of Regulations
AI-assisted research summary: The Authority may suspend or revoke a person's licence, certificate, approval, authorisation, exemption or other document if that person contravenes any provision of these Regulations.
Section 144. Contravention of Regulations Section The Authority may suspend or revoke the licence, certificate, approval, authorisation, exemption or other document of a person who contravenes any provision of these Regulations. - 145
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 145. Appeals to the Tribunal
AI-assisted research summary: A person aggrieved by an Authority decision may appeal to the Tribunal within twenty one days.
Section 145. Appeals to the Tribunal Section A person who is aggrieved with the decision of the Authority under these Regulations may, within twenty one days, appeal to the Tribunal. - 146
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 146. Offences and penalties
AI-assisted research summary: Contravening provisions listed as A or B in the Sixth Schedule, or other provisions of these Regulations, is an offence punishable by fines or imprisonment; penalties differ by A, B and other provisions and repeat convictions increase fines.
Section 146. Offences and penalties Section 146(1) A person who contravenes any provision specified as an "A" provision in the Sixth 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 146(2) A person who contravenes any provision specified as a "B" provision in the Sixth 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 146(3) A person who contravenes any provision of these Regulations not being a provision referred to in the Sixth 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. - 147
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 147. Revocation of L.N 31/2013
AI-assisted research summary: Section 147 revokes L.N. 31 of 2013, the Civil Aviation (Operation of Aircraft) Regulations, 2013.
Section 147. Revocation of L.N 31/2013 Section The Civil Aviation (Operation of Aircraft) Regulations, 2013 (L.N. 31 of 2013).Referenced legislation
- Civil Aviation (Operation of Aircraft) Regulations, 2013 (L.N. 31 of 2013). (unresolved)
- 148
EXEMPTIONS, GENERAL PROVISIONS, OFFENCES AND PENALTIES - 148. Transitional
AI-assisted research summary: Licences, certificates, permits or authorizations issued or granted by the Authority before these Regulations commence remain operational until they expire or are revoked, annulled or replaced.
Section 148. Transitional Section A licence, certificate, permit or authorization issued or granted by the Authority before the commencement of these Regulations shall remain operational until it expires or is revoked, annulled or replaced.
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Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018
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