The Civil Aviation (Aeronautical Search and Rescue) Regulations, 2018

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Aeronautical Search and Rescue) Regulations.

Section 2. Interpretation Section being in the aircraft; or

Section 3. Application Section These Regulations shall apply to all aircraft requiring Aeronautical Search and Rescue services and to persons or organizations responsible for the maintenance and operation of Aeronautical Search and Rescue services in Kenya and in areas over the high seas to which Kenya has been given responsibility under the regional air navigation plan.

Section 4. Provision of Aeronautical Search and Rescue services Section 4(1) The Director of Air Navigation Services is the designated Aeronautical Search and Rescue agency for Aeronautical Search and Rescue operations in Kenya. Section 4(2) The designated Aeronautical Search and Rescue agency shall be responsible to the Director-General for coordinating and directing the prompt provision of Aeronautical Search and Rescue services within Kenya, including portions of the high seas as determined on the basis of regional air navigation agreements, to ensure that assistance is rendered to persons in distress. Section 4(3)(a) determine the type and degree of Aeronautical Search and Rescue services to be provided within the Aeronautical Search and Rescue region, and shall coordinate such services in accordance with these Regulations; Section 4(3)(b) establish a system for reporting occurrences and the conduct of Aeronautical Search and Rescue operations to the Authority; and Section 4(3)(c) ensure the availability of sufficient resources and facilities to coordinate the Aeronautical Search and Rescue operations at any one time. Section 4(4) The Authority in coordination with the designat...

Section 5. Aeronautical Search and Rescue region Section The Aeronautical Search and Rescue region within which Aeronautical Search and Rescue services shall be provided, will be coincident to the national boundary of Kenya including portions of the high seas as determined on the basis of regional air navigation agreements.

Section 6. Establishment of Aeronautical Rescue coordination centre and rescue sub centres Section 6(1)(a) facilitate efficient organization of Aeronautical Search and Rescue services; and Section 6(1)(b) coordinate the conduct of Aeronautical Search and Rescue operations within the Aeronautical Search and Rescue region. Section 6(2) The designated Aeronautical Search and Rescue agency may establish and publish in the AIP search and rescue sub centres, subordinate to the rescue coordination centre, where this is considered to improve the efficiency of Aeronautical Search and Rescue services within Kenya. Section 6(3) The rescue coordination centre, and as appropriate, rescue sub centre, shall be staffed 24 hours a day by trained personnel proficient in the use of English language used for radiotelephony communications. Section 6(4) The rescue coordination centre personnel involved in the conduct of radiotelephony communications shall be proficient in the use of the English language. Section 6(5) The designated Aeronautical Search and Rescue agency shall make formal arrangements for cooperative and appropriate use of public and private Aeronautical Search and Rescue units that are s...

Section 7. Aeronautical Search and Rescue communications Section 7(1)(a) associated air traffic services units; Section 7(1)(b) associated rescue sub-centres; Section 7(1)(c) appropriate direction-finding and position-fixing stations; Section 7(1)(d) where appropriate, coastal radio stations capable of alerting and communicating in the region; Section 7(1)(e) the headquarters of Aeronautical Search and Rescue units in the region; Section 7(1)(f) all maritime rescue coordination centres in the region and aeronautical, maritime or joint rescue coordination centres in adjacent regions; Section 7(1)(g) a designated meteorological office or meteorological watch office; Section 7(1)(h) Aeronautical Search and Rescue units; Section 7(1)(i) alerting posts; and Section 7(1)(j) the COSPAS-SARSAT Mission Control Centre servicing the Aeronautical Search and Rescue region. Section 7(2)(a) adjacent rescue sub centres; Section 7(2)(b) a meteorological office or meteorological watch office; Section 7(2)(c) Aeronautical Search and Rescue units; and Section 7(2)(d) alerting posts.

Section 8. Aeronautical Search and Rescue operations Section publish in the AIP, as Aeronautical Search and Rescue units, elements of public or private services suitably located and equipped for Aeronautical Search and Rescue operations;

Section 9. Registration of ELTs & PLBs Section 9(1) All ELTs on board aircraft and all PLBs used during aviation sports activities shall be registered in the National IBRD. Section 9(2) The Director-General of the Authority shall maintain the National IBRD.

Section 10. Aeronautical Search and Rescue equipment Section 10(1)(a) Aeronautical Search and Rescue units are provided with equipment for locating promptly, and for providing adequate assistance at the scene of an accident; Section 10(1)(b) Aeronautical Search and Rescue units have means of rapid and reliable two-way communication with other Aeronautical Search and Rescue facilities engaged in the same operation; Section 10(1)(c) Aeronautical Search and Rescue aircraft are equipped to be able to communicate on the aeronautical distress and on- scene frequencies and on such other frequencies as may be determined by the Authority; Section 10(1)(d) Aeronautical Search and Rescue aircraft are equipped with a device for homing on distress frequencies; Section 10(1)(e) Aeronautical Search and Rescue aircraft, when used for Aeronautical Search and Rescue over maritime areas, are equipped to be able to communicate with vessels; Section 10(1)(f) each Aeronautical Search and Rescue aircraft, when used for Aeronautical Search and Rescue over maritime areas, carry a copy of the International Code of Signals to enable it to overcome language difficulties that may be experienced in communicatin...

Section 11. Cooperation and coordination with other States and agencies Section 11(1)(a) ensure that the Aeronautical Search and Rescue organization is coordinated with those of neighbouring States where these operations are proximate to adjacent Aeronautical Search and Rescue regions; and Section 11(1)(b) develop common search and rescue plans and procedures to facilitate coordination of search and rescue operations with those of neighboring States. Section 11(2)(a) request from other rescue coordination centres such assistance, including aircraft, vessels, persons or equipment, as may be needed; Section 11(2)(b) grant any necessary permission for the entry of such aircraft, vessels, persons or equipment into its territory; and Section 11(2)(c) make the necessary arrangements with the appropriate customs, immigration or other authorities with a view to expediting such entry. Section 11(3) The rescue coordination centre shall when requested, provide assistance to other rescue coordination centres and coordinate any assistance required by those centres in the form of aircraft, vessels, persons or equipment. Section 11(4)(a) joint training exercises involving its Aeronautical Search...

Section 12. Aeronautical Search and Rescue letters of agreement Section 12(1) The designated Aeronautical Search and Rescue agency in coordination with the Authority and relevant government authorities shall establish letters of agreement with Aeronautical Search and Rescue service providers within the State and with all Aeronautical Search and Rescue agencies of contiguous States, to strengthen Aeronautical Search and Rescue cooperation and coordination. Section 12(2) Subject to subregulation (1), the designated Aeronautical Search and Rescue agency shall set forth in the agreements, the conditions for entry of each other’s Aeronautical Search and Rescue units into respective territories and ensure that these agreements also provide for expediting entry of such units with the least possible formalities.

Section 13. Entry into the territory of Kenya by other States’ parties Section 13(1) The Director-General shall in coordination with relevant government authorities and subject to such conditions as may be prescribed by such authorities, permit immediate entry into the Kenyan territory, Aeronautical Search and Rescue units of other States for the purpose of searching for the site of aircraft accidents and rescuing survivors of such accidents. Section 13(2) Other States parties, who wish their Aeronautical Search and Rescue units to enter the territory of Kenya for Aeronautical Search and Rescue purposes shall transmit a request, giving full details of the projected mission and the need for it, to the Director-General. Section 13(3)(a) acknowledge the receipt of such a request; and Section 13(3)(b) in coordination with relevant State agencies, as soon as possible, indicate the conditions, if any, under which the projected mission may be undertaken.

Section 14. Cooperation with other services not forming part of the Aeronautical Search and Rescue organization Section 14(1) All aircraft, vessels and local services and facilities, which do not form part of the Aeronautical Search and Rescue organization shall cooperate fully with the latter in Aeronautical Search and Rescue and extend any possible assistance to the survivors of aircraft accidents. Section 14(2) Close coordination between relevant aeronautical and maritime authorities shall be maintained to provide for the most effective and efficient Aeronautical Search and Rescue services. Section 14(3) The designated Aeronautical Search and Rescue agency shall ensure that its Search and Rescue services cooperate with those agencies responsible for investigating accidents and with those responsible for the care of those who suffer from the accidents. Section 14(4) To facilitate accident investigation, rescue units shall, when practicable, be accompanied by persons qualified in the conduct of aircraft accident and incident investigations. Section 14(5) The Authority shall designate a search and rescue point of contact for the receipt of COSPAS-SARSAT distress data.

Section 15. Establishment of Aeronautical Search and Rescue Committee Section 15(1) The Cabinet Secretary shall in coordination with the relevant government departments, establish an Aeronautical Search and Rescue Committee to ensure a coordinated and effective Aeronautical Search and Rescue service within Kenya. Section 15(2)(a) the Ministry responsible for civil aviation; Section 15(2)(b) the Authority; Section 15(2)(c) air traffic services; Section 15(2)(d) aircraft operators; Section 15(2)(e) Kenya Defence Forces; Section 15(2)(f) the Kenya Maritime Authority; Section 15(2)(g) National Police Service; Section 15(2)(h) the Meteorological Services; Section 15(2)(i) Kenya Airports Authority; Section 15(2)(j) Airline Pilots Association; Section 15(2)(k) Accident Investigation Bureau; Section 15(2)(l) the Disaster Management Unit; and Section 15(2)(m) such other persons as may be determined by the Cabinet Secretary. Section 15(3) The Cabinet Secretary shall appoint the chairperson of the committee from among the members, whose role shall be to coordinate the functions of the committee with the assistance of a secretary appointed by the committee from among its members. Section 15(4)...

Section 16. Dissemination of information Section 16(1)(a) publish in the Kenya AIP the Aeronautical Search and Rescue point of contact for the receipt of COSPAS-SARSAT distress data; Section 16(1)(b) publish in the AIP the arrangements and information necessary for the entry into Kenya of Aeronautical Search and Rescue units of other States for the purpose of Aeronautical Search and Rescue of aircraft; Section 16(1)(c) make available, through the rescue coordination centres or other agencies, information regarding Aeronautical Search and Rescue plans of operation. Section 16(2) The Authority shall, to the extent desirable and practicable, disseminate information to the general public and emergency response authorities regarding actions to be taken when there is reason to believe that an aircraft’s emergency situation may become cause for public concern or require a general emergency response.

Section 17. Preparatory information Section 17(1)(a) means of communication that may be used in Aeronautical Search and Rescue operations; Section 17(1)(b) addresses and telephone numbers of all operators, or their designated representatives, engaged in operations in the region; and Section 17(1)(c) any other public and private resources including medical and transportation facilities that are likely to be useful in Aeronautical Search and Rescue. Section 17(2)(a) the locations, call signs, hours of watch, and frequencies of all radio stations likely to be employed in support of Aeronautical Search and Rescue operations; Section 17(2)(b) the locations and hours of watch of services keeping radio watch, and the frequencies guarded; Section 17(2)(c) locations where supplies of droppable emergency and survival equipment are stored; and Section 17(2)(d) objects which it is known might be mistaken for unallocated or unreported wreckage, particularly if viewed from the air. Section 17(3) The rescue coordination centre shall coordinate with the marine Aeronautical Search and Rescue units to have ready access to information regarding the positions, course and speed of ships within areas th...

Section 18. Aeronautical Search and Rescue plan of operation Section 18(1) The designated Aeronautical Search and Rescue agency shall prepare detailed plans of operation for the conduct of Aeronautical Search and Rescue operations within the Aeronautical Search and Rescue region. Section 18(2) Aeronautical Search and Rescue plan of operations shall be developed jointly with representatives of the operators and other public or private services that may assist in providing Aeronautical Search and Rescue services or benefit from them, taking into account that the number of survivors could be large. Section 18(3) The plans of operation shall specify arrangements for the servicing and refueling, to the extent possible, of aircraft, vessels and vehicles employed in Aeronautical Search and Rescue operations, including those made available by other States. Section 18(4)(a) the manner in which Aeronautical Search and Rescue operations are to be conducted in the Aeronautical Search and Rescue region; Section 18(4)(b) the use of available communication systems and facilities; Section 18(4)(c) the actions to be taken jointly with other rescue coordination centres; Section 18(4)(d) the methods...

Section 19. Aeronautical Search and Rescue units Section is cognizant of all parts of the plans of operation described in regulation 14 that are necessary for the effective conduct of its duties;

Section 20. Training and exercises Section The designated Aeronautical Search and Rescue agency shall provide for regular training of its Aeronautical Search and Rescue personnel and arrange appropriate Aeronautical Search and Rescue exercises to achieve and maintain maximum efficiency in Aeronautical Search and Rescue operations.

Section 21. Procedure at the scene of accidents Section The Cabinet Secretary shall ensure that wreckage resulting from aircraft accidents within Kenya or, in the case of accidents on the high seas, within the Aeronautical Search and Rescue regions, is removed, obliterated or charted following completion of the accident investigation, if its presence might constitute a hazard or confuse subsequent Aeronautical Search and Rescue operations.

Section 22. Information concerning emergencies Section 22(1) The rescue coordination centre shall immediately be given all available information concerning an aircraft believed to be in an emergency by the authority or any element of the search and rescue organization. Section 22(2) The rescue coordination centre shall, immediately upon receipt of information concerning aircraft in emergency, evaluate such information and assess the extent of the operation required. Section 22(3) When information concerning aircraft in emergency is received from other sources than air traffic services units, the rescue coordination centre shall determine to which emergency phase the situation corresponds and apply the procedures applicable to that phase.

Section 23. Procedures for rescue coordination centre during emergency phases Section 23(1) The rescue coordination centre shall upon the occurrence of an uncertainty phase, cooperate to the utmost with air traffic services units and other appropriate agencies and services in order that incoming reports may be speedily evaluated. Section 23(2) The rescue coordination centre shall upon the occurrence of an alert phase, immediately alert Aeronautical Search and Rescue units and initiate any necessary action. Section 23(3)(a) immediately initiate action by Aeronautical Search and Rescue units in accordance with the appropriate plan of operation; Section 23(3)(b) ascertain the position of the aircraft, estimate the degree of uncertainty of this position, and, on the basis of this information and the circumstances, determine the extent of the area to be searched; Section 23(3)(c) notify the operator, where possible, and keep the operator informed of developments; Section 23(3)(d) notify other rescue coordination centres, the help of which seems likely to be required, or which may be concerned in the operation; Section 23(3)(e) notify the associated air traffic services unit, when the in...

Section 24. Procedures where responsibility for operations extends to two or more Rescue Coordination Centres (RCCs) Section Where the conduct of operations over the entire Aeronautical Search and Rescue region is the responsibility of more than one rescue coordination centre, each involved rescue coordination centre shall take action in accordance with the relevant plan of operations when so requested by the rescue coordination centre of the region.

Section 25. Procedures for authorities in the field Section give instructions to the units under their direction and inform the rescue coordination centre of such instructions; and

Section 26. Procedures for rescue coordination centretermination and suspension of operations Section 26(1) Aeronautical Search and Rescue operations shall continue, when practicable, until all survivors are delivered to a place of safety or until all reasonable hope of rescuing survivors has passed. Section 26(2) The rescue coordination centre shall be responsible for determining when to discontinue Aeronautical Search and Rescue operations. Section 26(3) When an Aeronautical Search and Rescue operation has been successful or when a rescue coordination centre considers, or is informed, that an emergency no longer exists, the emergency phase shall be cancelled and the Aeronautical Search and Rescue operation terminated and any authorities, facilities or services that had been activated or notified, be promptly informed. Section 26(4) If an Aeronautical Search and Rescue operation becomes impracticable and the rescue coordination centre concludes that there might still be survivors, the centre shall suspend on-scene activities pending further developments and promptly inform any agency, facility or service which has been activated or notified. Section 26(5) Relevant information subs...

Section 27. Procedures at the scene of an accident Section 27(1) The rescue coordination centre or rescue sub-centre shall designate one or more units on scene to coordinate all actions to help ensure the safety and effectiveness of air and surface operations, taking into account facility capabilities and operational requirements when multiple facilities are engaged in Aeronautical Search and Rescue operations on scene. Section 27(2)(a) keep the craft in distress in sight until compelled to leave the scene or advised by the rescue coordination centre that it is no longer necessary; Section 27(2)(b) determine the position of the craft in distress; Section 27(2)(c) type of craft in distress, its identification and condition; Section 27(2)(c)(i) type of craft in distress, its identification and condition; Section 27(2)(c)(ii) its position, expressed in geographical or grid coordinates or in distance and true bearing from a distinctive landmark or from a radio navigation aid; Section 27(2)(c)(iii) time of observation expressed in hours and minutes Coordinated Universal Time (UTC); Section 27(2)(c)(iv) number of persons observed; Section 27(2)(c)(v) whether persons have been seen to aba...

Section 28. Procedures for a pilot-in-command intercepting a distress transmission Section acknowledge the distress transmission;

Section 29. Aeronautical Search and Rescue signals Section 29(1) The air-to-surface and surface-to-air visual signals described in the Schedule shall, when used, have the meaning indicated therein and shall be used only for the purpose indicated and no other signals likely to be confused with them shall be used. Section 29(2) Upon observing any of the signals, aircraft shall take such action as may be required by the interpretation of the signal given in the Schedule.

Section 30. Maintenance of records, appraisals and information sharing Section 30(1) The rescue coordination centre shall keep a record of the operational efficiency of the Aeronautical Search and Rescue organization in the region. Section 30(2) The rescue coordination centre shall prepare appraisals of actual Aeronautical Search and Rescue operations in the region and the reports shall include any pertinent remarks on the procedures used and on the emergency and survival equipment, and any suggestions for improvement of those procedures and equipment. Section 30(3) The appraisals which are likely to be of interest to other States shall be submitted to ICAO for information and dissemination as appropriate.

Section 31. Requisition of aircraft or vessel Section 31(1)(a) make requisition for any civil aircraft or vessel; Section 31(1)(b) request the assistance of any military aircraft or vessel; or Section 31(1)(c) request any holder of a Kenya aircraft flight crew license or the master of a vessel to assist in the operation. Section 31(2)(a) human life is in immediate and grave danger; and Section 31(2)(b) there are no other means available to conduct the operation.

Section 32. Recovery of certain expenses Section 32(1) If any Aeronautical Search and Rescue operation is undertaken in connection with any occurrence caused by the unlawful act or omission of any person, the Cabinet Secretary may recover from that person the whole or any portion of the expenses incurred in connection with that operation. Section 32(2) The Cabinet Secretary may, after having recovered the expenses contemplated in subregulation (1), compensate any person who has incurred any loss or damage as a result of the operation. Section 32(3) Subject to subregulations (1) and (2), the Cabinet secretary shall determine and notify in writing the expenses to be recovered depending on the nature of the unlawful act or omission.

Section 33. Record keeping by the designated Aeronautical Search and Rescue agency Section The designated Aeronautical Search and Rescue agency shall retain all data relating to every Aeronautical Search and Rescue action undertaken by the rescue coordination centre in an orderly and easily accessible manner for a period of at least twelve calendar months.

Section 34. Failure to comply with direction or instructions Section 34(1) Any person who fails to comply with any direction or instructions given to him or her under these Regulations shall be deemed for the purpose of these Regulations to have contravened that provision. Section 34(2) Any person who becomes aware of a violation of the provisions of any of these Regulations, rules or orders issued thereunder, shall without delay report it to the Authority. Section 34(3) The Authority shall upon being notified of a violation, determine the nature and type of investigation or enforcement action that need to be taken.

Section 35. Appeals to the Tribunal Section A person aggrieved with the decision of the Authority under these Regulations may within twenty one days of such decision appeal to the Tribunal.

Section 36. Transition provision Section 36(1) Any person carrying out any activities prescribed in these Regulations immediately before the coming into operation of these Regulations shall, within twelve months from the coming into force thereof, take all necessary measures to ensure full compliance with these Regulations. Section 36(2) A license, certificate, approval or any other document issued prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires or is cancelled by the Authority.