The Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations, 2018

Section 1. Citation. Section These Regulations may be cited as the Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations.

Section 2. Interpretation Section take-­off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;

Section 3. Application Section These Regulations shall apply to a person providing Flight Procedure Design Services within certificated airspaces and at aerodromes for civil aviation purposes.

Section 4. Requirements for the provision of an Instrument Flight Procedure Design Service Section that person holds a certificate issued under the Civil Aviation (Certification of Air Navigation Services Provider) Regulations; and

Section 5. Designation of Instrument Flight Procedure Design Service Provider Section 5(1) A person shall not design, maintain, review, amend, adapt or publish flight procedures for use in Kenya unless certificated by the Authority and in accordance with these Regulations. Section 5(2)(a) follow an instrument flight procedure process that encompasses acquisition of data, design and promulgation of procedures; Section 5(2)(b) ensure that the quality and safety of the procedure design product are assured through review, verification, coordination and validation of the procedure at appropriate points in the process; and Section 5(2)(c) ensure that the units of measurement, as specified in the Civil Aviation (units of measurement to be used in air and ground operations) regulations are used in the design of instrument flight procedure.

Section 6. Instrument Flight Procedure Design Operational requirements Section 6(1)(a) maintain an appropriate instrument design office to enable the Instrument Flight Procedure designers to carry on design work in Instrument flight Procedures in accordance with these Regulations; Section 6(1)(b) requirements in these Regulations; Section 6(1)(b)(i) requirements in these Regulations; Section 6(1)(b)(ii) the criteria prescribed by the Authority; and Section 6(1)(c) make provisions for person(s) trained in Instrument Flight Procedure design to check and verify independently the plans of each instrument flight procedure designed.

Section 7. Instrument Flight Procedure Design Service Provider Operations Manual Section 7(1) The certificated service provider shall develop and maintain an operations manual which shall serve to demonstrate compliance with the requirements set out in these Regulations. Section 7(2)(a) the information required of the certificated Instrument Flight Procedures Design service provider as mentioned in these Regulation; and Section 7(2)(b) a description of the instrument flight procedure design Service Provider’s office that shows the role, responsibilities and job functions of the Flight Procedure Design office personnel who are responsible for ensuring the compliance of the organization with the requirements in sub-­paragraph (a). Section 7(3)(a) keep the operations manual in a readily accessible form; Section 7(3)(b) ensure that the instrument flight procedure designer has ready access to the operations manual; and Section 7(3)(c) amend the operations manual whenever necessary to keep its content up to date. Section 7(4) The certificated service provider shall submit a copy of the most current operations manual to the Authority for approval.

Section 8. Employment of personnel Section employ, contract, or engage sufficient personnel to plan, design, verify, and maintain the instrument flight procedures; and

Section 9. Instrument Flight Procedure designer training, experience and approval Section 9(1) The certificated service provider shall ensure that a person designing or amending a flight instrument procedure demonstrates required competency level for flight procedure design. Section 9(2) The personnel to be recruited as Instrument Flight Procedure Designer shall have a high level of aviation experience gained from different domains in the aviation industry (Air Traffic Management, Engineers, Aeronautical technicians and pilots or any other equivalent profession). Section 9(3) Instrument Flight Procedure designers shall acquire and maintain this competency level through training and supervised on -­ the -­ job training. Section 9(4)(a) knowledge of information contained in manuals pertaining to the design of instrument flight procedures as prescribed by the Authority; Section 9(4)(b) enhancement of knowledge and skills in the design of procedures; and Section 9(4)(c) competency as outlined in the competency framework for flight procedures designers as prescribed by the Authority. Section 9(5)(a) develop and implement training programme and a training plan that is commensurate to the...

Section 10. Procedure design data and information acquisition Section 10(1) The certificated service provider shall ensure that the quality characteristics of data acquired for the Flight Procedure Design process are known and adequate, or that, in the case where the data’s quality characteristics are unknown or inadequate, that appropriate data verification occurs prior to use. Section 10(2)(a) all obstacles be accounted for and items such as trees and heights of tall buildings shall be accounted for either by physical examination of the site or by addition of a suitable margin above terrain contours; and Section 10(2)(b) the accuracy of the vertical and horizontal data obtained may be adjusted by adding an amount equal to the specified survey error to the height of all measured obstructions and by making a corresponding adjustment for specified horizontal error. Section 10(3) The procedure design data and information acquisition shall be coordinated with all relevant stakeholders and integrated into Kenya’s airspace design process, taking into account air traffic flows, separation issues, airspace user requirements, infrastructure and legal environmental considerations.

Section 11. Quality assurance Section The certificated service provider shall establish and implement a quality assurance process for all instrument flight procedure design functions.

Section 12. Procedure design facility and resource requirements Section 12(1)(a) providing premises and equipment appropriate for the design, design verification, flight validation, and maintenance of applicable types of instrument flight procedures; Section 12(1)(b) access to relevant and current data including, but not limited to, aeronautical data, land contour data, and obstacle data for the design, design verification, flight validation, and maintenance of the instrument flight procedure; Section 12(1)(c) the data referred to in paragraph (b) is current, traceable, and meets the required level of accuracy for the design, design verification, flight validation, and maintenance of instrument flight procedures; Section 12(1)(d) access to copies of relevant documentation comprising technical standards, practices, and instructions, and any other documentation that may be necessary for the design, design verification, flight validation, and maintenance of the types of instrument flight procedure; Section 12(1)(e) the documentation is reviewed and authorized by an appropriate person before issue and use; Section 12(1)(e)(i) the documentation is reviewed and authorized by an appropria...

Section 13. Control of Documents and records Section establish and put into effect, a system for controlling documents and records relating to the instrument flight procedure and visual flight procedure on which the designer carries on design work, including the policies and procedures for making, amending, preserving and disposing of those documents and records; and

Section 14. Instrument flight procedure design (IFPD) Section 14(1) Instrument flight procedures shall be designed in accordance with these Regulations, and Procedures prescribed by the Authority. Section 14(2) Coordination with all concerned parties shall continue throughout the procedure design and validation process to ensure that the procedure meets the needs of the user community. Section 14(3)(a) each new or revised procedure is verified by a qualified procedure designer other than the one who designed the procedure; Section 14(3)(b) published procedures are subject to periodic review at intervals not exceeding five years to ensure that they continue to comply with changing criteria and user requirements; Section 14(3)(c) information required for publication in the Aeronautical Information Publication; Section 14(3)(c)(i) information required for publication in the Aeronautical Information Publication; Section 14(3)(c)(ii) details and assumptions made by the instrument flight procedure designer, such as— Section 14(3)(c)(aa) controlling obstacle for each segment of the procedure; Section 14(3)(c)(ab) effect of environmental considerations on the design of the procedure; Secti...

Section 15. Competency of flight validation pilots Section 15(1) The certificated service provider shall ensure that a person conducting flight validation including simulator evaluation is a qualified and experienced flight validation pilot. Section 15(2)(a) at least a commercial pilot licence with instrument rating; Section 15(2)(b) a requirement that the licence held by the Flight Validation Pilot shall be for the aircraft category appropriate for the procedure to be validated; and Section 15(2)(c) meet all the experience requirements for the airline transport pilot licence in the relevant category of aircraft as described in personnel licensing regulations except that the Flight Validation Pilot does not have to be the pilot-­in-­command of the validation flight nor is he required to have the type rating on the aircraft used for the validation flight. Section 15(3) The instrument flight procedures designer shall provide all data required to conduct a flight validation, flight inspection, and flight simulator evaluation to the entity conducting the exercise.

Section 16. Approval of instrument flight procedures Section 16(1) An instrument flight procedure for use by civil aircraft within Kenya shall not be published unless the instrument flight procedure is approved by the Authority. Section 16(2) The Authority shall only accept instrument flight procedures for approval, submitted by approved procedure designers. Section 16(3) For Instrument Flight Procedures designed by approved procedure designers independently outside the certificated organization the submission of approval shall be in line with these regulations.

Section 17. IFPD publication Section 17(1) The certificated service provider shall ensure that instrument flight procedures designs or charts, are provided to the aeronautical information service provider for publication in the Aeronautical Information Publication. Section 17(2) The IFP shall be accompanied by a narrative, which describes the procedure in textual format.

Section 18. Use of automation in procedure design and flight validation Section 18(1) The certificated service provider using an automated flight procedure design tool shall ensure that such tool is validated. Section 18(2) Validation of the software shall be in accordance with the requirements prescribed by the Authority. Section 18(3) The scope of validation shall include compliance with the criteria set out by the Authority. Section 18(4)(a) has the precision, and accuracy traceable to appropriate standards, that are necessary for the validation being performed; Section 18(4)(b) has known measurement uncertainties including, but not limited to, the software, firmware and crosswind uncertainties; Section 18(4)(c) records the actual flight path of the validation aircraft; Section 18(4)(d) is checked before being released for use, and at intervals not exceeding the calibration intervals recommended by the manufacturer, to establish that the system is capable of verifying the integrity of the instrument flight procedure; and Section 18(4)(e) is operated in accordance with flight validation system procedures and criteria by persons who are competent and current on the system used.

Section 19. Errors in published instrument flight procedures Section 19(1) The certificated service provider providing an instrument flight procedure service shall establish procedures for recording, investigating, correcting, and reporting, any identified error, and any identified non-­conformance or suspected non-­conformance with these Regulations. Section 19(2)(a) an instrument flight procedure is immediately withdrawn from operational use if the error or non-­conformance affects, or may affect, the safety of an aircraft operation; and Section 19(2)(b) the error or non-­conformance is corrected, and certified by a senior person who is appropriately authorized by the service provider; Section 19(2)(c) the correction required by paragraph (b) is clearly identified and promulgated by the most appropriate means relative to the operational significance of the error or non-­conformance; Section 19(2)(d) if possible, eliminated to prevent a recurrence; and Section 19(2)(d)(i) if possible, eliminated to prevent a recurrence; and Section 19(2)(d)(ii) preventive action is taken to ensure that the source of the error or non-­conformance has not affected the integrity of any other instrume...

Section 20. Aerodrome operating minima Section 20(1) The requirements for aerodrome operating minima are as specified in the Civil Aviation (Operation of Aircraft) Regulations. Section 20(2) The procedures for the establishment of the aerodrome operating minima shall be prescribed by the Authority.

Section 21. Requirements for application for exemption Section 21(1) A person may apply to the Authority for an exemption from any provision of these Regulations. Section 21(2)(a) name and contact address including electronic mail and fax if any; Section 21(2)(b) telephone number; Section 21(2)(c) a citation of the specific requirement from which the applicant seeks exemption; Section 21(2)(d) justification for the exemption; Section 21(2)(e) a description of the type of operations to be conducted under the proposed exemption; Section 21(2)(f) the proposed duration of the exemption; Section 21(2)(g) an explanation of how the exemption would be in the public interest; Section 21(2)(h) 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 21(2)(i) a safety risk assessment carried out in respect of the exemption applied for; Section 21(2)(j) an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization; and Section 21(2)(k) any other information that the Authority may requir...

Section 22. Review and publication Section 22(1)(a) the Kenya Gazette; Section 22(1)(b) aeronautical information circular; or Section 22(1)(c) a daily newspaper with national circulation. Section 22(2) Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3). Section 22(3) If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

Section 23. Evaluation of the request Section 23(1)(a) determination of whether an exemption would be in the public interest; Section 23(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 23(1)(c) a determination of whether a grant of the exemption would contravene these Regulations; and Section 23(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 23(2) The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision. Section 23(3) The summary referred to in sub­regulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. Section 23(4) If the exemption affects a significant pop...

Section 24. Validity of an exemption Section The validity of any exemption issued under these regulations shall be dependent on the air navigation service provider complying with any condition that Authority may specify in the exemption as being necessary in the interests of safety of air navigation.

Section 25. Compliance with conditions of the exemption Section An air navigation service provider shall comply with any condition specified by the Authority in the exemption.

Section 26. Contravention of Regulations Section A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

Section 27. Penalties Section 27(1) A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence. Section 27(2) Any person who contravenes any provision of these Regulations shall upon conviction be subject to the penalty provisions provided in the Act. Section 27(3) 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 there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

Section 28. Appeal Section A person aggrieved by any order made under these Regulations may, within twenty one days of such order being made, appeal against the order to a court of law with competent jurisdiction.