The Civil Aviation (Certification of Air Navigation Service Providers) Regulations, 2018

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Certification of Air Navigation Service Providers) Regulations.

Section 2. Interpretation Section between aircraft; and

Section 3. Application Section 3(1) These Regulations shall apply to a person providing air navigation services within designated air spaces and at aerodromes. Section 3(2) These Regulations do not apply to state aircraft.

Section 4. Requirements for the provision of air navigation services Section A person shall not provide air navigation services unless he or she holds an Air Navigation Service Providers’ (ANSP) certificate issued by the Authority.

Section 5. Application for ANSP certificate Section 5(1)(a) submit an application in the form and manner prescribed by the Authority; and Section 5(1)(b) apply at least one hundred and eighty days before the commencement of operations. Section 5(2)(a) the applicant’s Manual of Air Navigation Service Operations; Section 5(2)(b) a written profile of the all the proposed key portfolio holders; Section 5(2)(c) a safety management system manual; Section 5(2)(d) a quality management system manual; Section 5(2)(e) an ANSP’s security procedures manual; Section 5(2)(f) proof of financial capability to provide the required service as prescribed by the Authority; and Section 5(2)(g) the fees as may be prescribed by the Authority.

Section 6. Issuance of certificate Section 6(1)(a) the personnel of the applicant are adequate in number and have the necessary competency to provide the service; Section 6(1)(b) the Manual of Air Service Operations (MANSOPs) prepared by the applicant and submitted with the application contains all the relevant information; Section 6(1)(c) the facilities, services and equipment of the applicant are established in accordance with these Regulations; Section 6(1)(d) the operating procedures make satisfactory provisions for the safety of aircraft Section 6(1)(e) an acceptable safety management system is in place; Section 6(1)(f) an approved quality management system is in place; Section 6(1)(g) the applicant has an acceptable ANSP security procedures manual; Section 6(1)(h) the applicant has the financial capability to provide the service; and Section 6(1)(i) the applicant has insurance policy in force in relation to the services provided. Section 6(2) Subject to subregulation (1), the Authority may impose any other conditions as may be deemed necessary. Section 6(3) The issuance of a certificate shall be subject to compliance with these Regulations and any other conditions as may be s...

Section 7. Contents of the Certificate Section the holder’s name and physical and mailing address of its principal place of business;

Section 8. Validity of a certificate Section 8(1)(a) the Authority amends, suspends, revokes or otherwise terminates the certificate; Section 8(1)(b) an ANSP certificate holder surrenders it to the Authority; Section 8(1)(c) the Authority establishes that the ANSP certificate holder has suspended operations for more than sixty continuous days; or Section 8(1)(d) the ANSP certificate holder notifies the Authority of the suspension of operations. Section 8(2) An ANSP certificate which is suspended or revoked shall be returned to the Authority.

Section 9. Renewal of a certificate Section 9(1)(a) the Manual of Air Navigation Service Operations (MANSOPs) if significant changes have been made following the initial certification; and Section 9(1)(b) the fee as prescribed by the Authority. Section 9(2) The renewal of an ANSP certificate shall be subject to compliance with these Regulations and any other conditions that may be specified or notified by the Authority.

Section 10. Variation of ANSP certificate Section 10(1) The Authority may vary an ANSP certificate on the application made by the holder of the certificate in the form prescribed by the Authority. Section 10(2)(a) attach to the application form two copies of the proposed amendments in the MANSOPs; and Section 10(2)(b) pay such fee as may be prescribed by the Authority.

Section 11. Amendment of ANSP certificate Section 11(1) The Authority may amend or modify an ANSP certificate to correct errors. Section 11(2) A person shall not amend or alter any certificate or exemption issued or required by or under these Regulations without the approval of the Authority.

Section 12. Display of certificate Section 12(1) The holder of an ANSP certificate shall display the certificate or a certified copy of it in a conspicuous place, generally accessible to the public at the certificate holder’s principal place of business. Section 12(2) Where a certified copy of the ANSP certificate is displayed under subregulation (1), the holder of the certificate shall produce the original certificate to the Authority for inspection if requested to do so.

Section 13. Transfer of ANSP certificate Section An ANSP certificate issued under these Regulations shall not be transferable.

Section 14. Suspension and cancellation of certificates Section 14(1)(a) a relevant provision of the Act or these Regulations, or a condition in the certificate, has not been or is not being complied with; Section 14(1)(b) false or materially incorrect information was given to the Authority in the application for the certificate; or Section 14(1)(c) it is in the public interest to do so. Section 14(2) The Authority may, on giving reasons to the holder of a certificate, suspend the certificate for a period not exceeding sixty days. Section 14(3) A holder of an ANSP certificate who is notified of a suspension under subregulation (2) may submit a response in writing within a period not exceeding fourteen days from the date of the suspension. Section 14(4) Notwithstanding subregulation (3), the Authority may suspend any or all of the operations of the holder of the ANSP certificate pending receipt of a response from the certificate holder. Section 14(5) The Authority may, upon the completion of an investigation which has shown sufficient ground to the Authority’s satisfaction, suspend or cancel any ANSP certificate issued under these Regulations. Section 14(6) A holder or any person ha...

Section 15. Register of certificate holders Section 15(1)(a) name of the holder of the ANSP certificate; Section 15(1)(b) date of issue or renewal of the ANSP certificate; Section 15(1)(c) type of service offered by the holder of the ANSP certificate; Section 15(1)(d) expiry date of the ANSP certificate; Section 15(1)(e) date of variation, replacement, suspension or cancellation of the ANSP certificate, if any; Section 15(1)(f) physical and postal address of the holder of the ANSP certificate; and Section 15(1)(g) any other particulars as may be prescribed by the Authority. Section 15(2) Any changes in the particulars recorded under subregulation (1) shall be entered in the register by the Authority. Section 15(3) The register shall be a public document and any particular entered may be obtained upon payment of such fee as may be prescribed by the Authority.

Section 16. Requirements for the manual of air navigation services operations Section 16(1) The Manual of Air Navigation Services Operations (MANSOPs) submitted under these Regulations shall be in the form prescribed by the Authority. Section 16(2) The MANSOPs shall be submitted to the Authority for approval. Section 16(3) A holder of an ANSP certificate shall keep at least one approved copy of the MANSOPs at the holder’s principal place of business.

Section 17. Contents of the MANSOPs Section the services to be provided;

Section 18. Amendment of the MANSOPs Section 18(1)(a) holder of an ANSP certificate shall, whenever necessary, amend the manual; or Section 18(1)(b) the Authority may issue a written directive requiring the air navigation services provider to amend the manual. Section 18(2) Notwithstanding subregulation (1), the holder of an ANSP certificate shall submit the proposed amendment to the Authority for approval.

Section 19. Continued Compliance Section demonstrate compliance to applicable regulations and requirements by the Authority to the type of services that have been certificated; and

Section 20. Air navigation services facilities and standard systems Section provide in the designated portion of airspace and aerodromes, facilities for the provision of air navigation services; and

Section 21. Approval of Air Navigation Services facilities Section A person shall not install, maintain or operate air navigation service facilities in the designated airspaces and aerodromes without the approval of the Authority.

Section 22. Safety inspections and audit of Air Navigation Services Section 22(1) The Authority shall carry out safety inspections and audits of air navigation facilities, services, documents and records of the air navigation service providers to ensure compliance with these Regulations. Section 22(2) The safety inspections and audits under subregulation (1) shall be carried out in accordance with the requirements prescribed by the Authority. Section 22(3) The Authority may impose operating restrictions or sanctions on the operations of a certificate holder in the event of non-conformance with the certification requirements or any unresolved safety concerns.

Section 23. Power of Authority to issue orders, circulars, air navigation services Technical Standards and directives Section The Authority may make and issue orders, circulars, air navigation services Technical Standards and directives prescribing any air navigation service matter which, under these Regulations, may be prescribed, and generally for the better carrying out or enhancing of the objects and purposes of these Regulations.

Section 24. Replacement of documents Section 24(1) A person may apply to the Authority in the prescribed form for the replacement of documents issued under these Regulations if such documents have been lost, mutilated or destroyed. Section 24(2)(a) the original certificate or a copy thereof in case of loss; and Section 24(2)(b) a court order or any other legal document in support of the application for replacement.

Section 25. Change of address Section 25(1) A holder of an ANSP certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address within fourteen days of such change. Section 25(2) A person who does not notify the Authority of the change in the physical and mailing address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.

Section 26. Use and retention of documents and records Section 26(1) A person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure, or assist in the making of, any false entry in any such record, or willfully omit to make a material entry in such record. Section 26(2) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material for a period of not less than six months.

Section 27. Reports of violation Section 27(1) Any person who becomes aware of a violation of any of the provisions of the Act, or any Regulations, rules, or orders issued thereunder, shall report the violation to the Authority. Section 27(2) The Authority may determine the nature and type of investigation or enforcement action that may be taken in relation to a violation reported under subregulation (1).

Section 28. Failure to comply with directions Section Any person who fails to comply with any direction given to him by the Authority or by any authorised person under any provision of these Regulations shall be deemed, for the purposes of these Regulations, to have contravened that provision.

Section 29. Aeronautical fees Section 29(1) The Authority shall notify in writing the fees to be charged in connection with the issue, renewal or variation of any certificate, test, inspection or investigation required by, or for the purpose of, these Regulations, any orders, notices or proclamations made thereunder. Section 29(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 accepted, to pay the fee so chargeable. Section 29(3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is rejected, the Authority shall not refund the fees paid.

Section 30. Air Navigation Section 30(1) The air navigation services inspector shall carry out independent oversight of Service Inspectors of the ANSP by applying a system of safety approach to the air navigation services operations. Section 30(2) Subject to subregulation (1), the approach shall require safety to be an inherent part of the operational system, dictating continual improvement and requiring a closed loop system for monitoring and corrective action. Section 30(3) Air navigation services inspectors shall be authorised to perform inspections and audits to determine compliance with these Regulations and any other Regulations made under the Act. Section 30(4) In the performance of his or her official duties an air navigation services inspector shall be provided with free and uninterrupted access to air navigation services facilities, records, data and restricted areas governed by the Air Navigation Service Provider.

Section 31. Air navigation Service inspector’s credentials Section 31(1) The Authority shall issue air navigation services inspectors with credentials to perform safety oversight duties. Section 31(2) The ANS inspectors once issued with the credentials shall follow the basic guidelines stipulated in the inspector’s manual and be governed by the provisions of the Act and these Regulations.

Section 32. 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.

Section 33. 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 34. Offences Section 34(1) A person who contravenes any provision of these Regulations commits an offense and is liable, upon conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both. Section 34(2) If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made thereunder, was due to any cause not avoidable by the exercise of reasonable care by that person, that act or omission shall be deemed not to be a contravention by that person of that provision.

Section 35. Revocation of L.N. 78/2013 Section The Civil Aviation (Air Navigation Services) Regulations, 2013, are repealed.

Section 36. Transitional Section 36(1) 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. Section 36(2) Notwithstanding any other provision of these Regulations, a person who, at the commencement of these Regulations, is carrying out any acts, duties or operations affected by these Regulations shall, within one year from the date of commencement, or within such longer time as the Cabinet Secretary may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such acts, duties or operations.