The Civil Aviation (Rules of the Air) Regulations, 2018

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Rules of the Air) Regulations.

Section 2. Interpretation Section between aircraft; and

Section 3. Application of the rules of the air Section 3(1)(a) to every person and every aircraft, including state aircraft; Section 3(1)(b) to all aircraft bearing the nationality and registration marks of Kenya, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown: and Section 3(1)(c) in full, to all aircraft flying over the high seas. Section 3(2) For purposes of flight over those parts of the high seas where another Contracting State has accepted, pursuant to a regional air navigation agreement, the responsibility of providing air traffic services, the appropriate ATS Provider designated by that State shall be responsible for providing those services to aircraft registered in Kenya. Section 3(3) Subject to the provisions of subregulation (1), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, these Regulations. Section 3(4) If any departure from these Regulations is made for the purpose of avoiding immediate danger or in an emergency situation, the pilot-in-command shall cause written particulars of the departure, and of the circumstances...

Section 4. Compliance with the rules of the air Section 4(1)(a) visual flight rules; or Section 4(1)(b) instrument flight rules. Section 4(2) A pilot in command of an aircraft shall, when operating under visual flight rules or instrument flight rules in classified air traffic services airspaces, comply with the requirements specified for such airspaces. Section 4(3) A pilot in command of an aircraft may elect to fly in accordance with instrument flight rules in visual meteorological conditions or may be required to do so by the appropriate air traffic services authority.

Section 5. Responsibility for compliance with the rules of the air Section avoid immediate danger or in an emergency situation; or

Section 6. Pre-flight information Section 6(1) The pilot-in-command of an aircraft shall before commencing a flight, become familiar with all available information appropriate to the intended operation. Section 6(2) The pilot-in-command shall in addition to subregulation (1) include a careful study of available current weather reports and forecasts, for flights away from the vicinity of an aerodrome and for all flights flying in accordance with instrument flight rules, taking into consideration fuel requirements and an alternative course of action if the flight cannot be completed as planned.

Section 7. Authority of the pilot-in-command of an aircraft Section The pilot-in-command of an aircraft shall have final authority as to the disposition of the aircraft while in command.

Section 8. Problematic use of psychoactive substance Section 8(1) A safety-sensitive person whose function is critical to the safety of aviation shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired. Section 8(2) A person referred to in subregulation (1) shall not engage in any kind of problematic use of substances.

Section 9. Negligent or reckless operation of aircraft Section A person shall not wilfully operate an aircraft, negligently or recklessly in a manner so as to endanger life or property.

Section 10. Minimum heights Section 10(1) A person shall not fly an aircraft over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface, except when necessary for take-off or landing, or except by permission from the appropriate authority. Section 10(2)(a) such height as will permit the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or Section 10(2)(a)(i) such height as will permit the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or Section 10(2)(a)(ii) a height of 1,000 feet above the highest fixed object within 600 metres of the aircraft, whichever is the higher; Section 10(2)(b) a person shall not fly a helicopter below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit; Section 10(2)(c) except with the permission in writing o...

Section 11. Cruising levels Section 11(1)(a) flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude; Section 11(1)(b) altitudes for flights below the lowest usable flight level or, where applicable, at or below the transition altitude. Section 11(2) Subject to subregulation (4), in order to comply with instrument flight rules, an aircraft when in level flight at or above 1,000 feet over land or water within controlled airspace shall be flown at a level appropriate to its magnetic track as specified in the First Schedule. Section 11(3) Except where otherwise indicated in air traffic control clearances or specified by the Authority, flights conducted under visual flight rules in cruising flight when operated at or above 1000 feet from the ground or water shall be conducted at a flight level appropriate to its magnetic track as described in the First Schedule. Section 11(4) The level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Kenya, otherwise published by the competent authority, in relation to the area over which the aircraft is fl...

Section 12. Dropping, spraying, towing and parachute descents Section drop anything or spray any substance from an aircraft in flight;

Section 13. Acrobatic flight Section 13(1) A person shall not fly an aircraft acrobatically except under conditions prescribed by the Authority and as indicated by relevant information, advice or clearance from the appropriate air traffic services unit. Section 13(2)(a) over any city, town or settlement; Section 13(2)(a)(i) over any city, town or settlement; Section 13(2)(a)(ii) over an open air assembly of persons; Section 13(2)(a)(iii) below an altitude of 1,500 feet above the surface; or Section 13(2)(a)(iv) when the flight visibility is less than five kilometres; or Section 13(2)(b) in manoeuvres exceeding a bank of sixty degrees or pitch of thirty degrees from level flight attitude unless all occupants of the aircraft are wearing parachutes packed by a qualified parachute rigger in the past twelve months.

Section 14. Formation flights Section the formation operates as a single aircraft with regard to navigation and position reporting;

Section 15. Remotely piloted aircraft Section A person shall operate a remotely piloted aircraft in such a manner as to minimise hazards to persons, property or other aircraft, and in accordance with the conditions specified in the Second schedule and the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, 2018.

Section 16. Unmanned free balloons Section A person shall operate an unmanned free balloon in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions specified in the Third Schedule.

Section 17. Prohibited areas, restricted areas and danger areas Section A person shall not operate an aircraft in a prohibited area or a restricted area or a danger area, the particulars of which have been duly published in the Kenya Aeronautical Information Publication, except in accordance with the conditions of the restrictions or by permission granted by the Government of Kenya.

Section 18. Avoidance of collisions. Section The pilot in command of aircraft is responsible for taking avoidance action and such other action including manouevres based on resolution advisories provided by ACAS equipment to avert collision.

Section 19. Proximity to other aircraft. Section A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard.

Section 20. Right-of-way Section 20(1) The pilot-in-command of an aircraft that has the right-of- way shall maintain the aircraft heading and speed. Section 20(2) An aircraft that is obliged to keep out of way for another aircraft in regulations 21, 22, 23, 24 and 25 shall avoid passing over, under or in front of the other, unless it passes well clear and taking into account the effect of aircraft wake turbulence.

Section 21. Approaching head-on Section When two aircraft are approaching head-on or approximately so and there is danger of collision, each aircraft shall alter its heading to the right.

Section 22. Converging Section power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;

Section 23. Overtaking Section An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.

Section 24. Landing Section 24(1) An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land. Section 24(2) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft and power- driven heavier-than-air aircraft shall give way to gliders.

Section 25. Emergency landing Section An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft.

Section 26. Taking off Section An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking off or about to take off.

Section 27. Surface movement of aircraft Section 27(1)(a) when two aircraft are approaching head-on, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear; Section 27(1)(b) when two aircraft are on a converging course, the one which has the other on its right shall give way; Section 27(1)(c) an aircraft which is being overtaken by another aircraft shall have the right-of-way and the overtaking aircraft shall keep well clear of the other aircraft. Section 27(2) An aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless otherwise authorised by the aerodrome control tower. Section 27(3) An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off.

Section 28. Surface movement of aircraft and vehicular traffic Section 28(1) This regulation shall apply to aeroplanes and vehicles on the movement area of a land aerodrome. Section 28(2) Notwithstanding any air traffic control clearances, it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle. Section 28(3) Emergency vehicles proceeding to the assistance of aircraft in distress shall be afforded priority over all other surface movement traffic. Section 28(4)(a) aircraft and vehicles shall give way to aircraft which are taking off or landing; Section 28(4)(b) vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxing; Section 28(4)(c) vehicles which are not towing aircraft shall give way to aircraft; and Section 28(4)(d) vehicles shall give way to other vehicles towing aircraft.

Section 29. Lights to be displayed by aircraft Section 29(1)(a) anti-collision lights intended to attract attention to the aircraft; and Section 29(1)(b) navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights. Section 29(2)(a) all aircraft moving on the movement area of an aerodrome shall display navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights; Section 29(2)(b) unless stationary and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure; Section 29(2)(c) all aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and Section 29(2)(d) all aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact. Section 29(3) Except as provided by subregulation (5), all aircraft in flight and fitted with anti-collision...

Section 30. Simulated instrument flight conditions Section fully functioning dual controls are installed in that aircraft;

Section 31. Operation on and in the vicinity of an aerodrome Section 31(1)(a) observe other aerodrome traffic for the purpose of avoiding collision; Section 31(1)(b) conform with or avoid the pattern of traffic formed by other aircraft in operation; Section 31(1)(c) make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed; Section 31(1)(d) land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable. Section 31(2) A person shall not fly within a zone which the pilot-in- command knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an air traffic control unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing. Section 31(3) An aircraft flying within an aerodrome traffic zone for the purpose of observing signals in the signal area of an aerodrome, shall remain clear of cloud and at least 500 feet above the level of the aerodrome. Section 31(4) A person shall not land an aircraft on a runway at such an aerodrome unless the runway i...

Section 32. Operation within an aerodrome traffic zone Section 32(1) A pilot-in-command shall not fly the aircraft within a zone which the he knows or reasonably ought to know to be an aerodrome having an air traffic control unit, unless he has the permission of the appropriate air traffic control unit. Section 32(2)(a) cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; Section 32(2)(b) not taxi, take off or land except with the permission of the air traffic control unit; and Section 32(2)(c) comply with the provisions of regulation 15 as if the aerodrome did not have an air traffic control unit, unless the pilot-in-command has the permission of the air traffic control unit at the aerodrome, or has been instructed by such unit, to do otherwise.

Section 33. Operations on or in the vicinity of a controlled aerodrome Section 33(1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless two-way communication is maintained between that person and the control tower. Section 33(2) When arriving at an aerodrome, a pilot-in-command shall establish communications required by subregulation (1), prior to four nautical miles from the aerodrome, when operating from the surface up to and including 2,500 feet. Section 33(3) When departing from an aerodrome, a pilot-in-command shall establish communications with the control tower prior to taxi. Section 33(4) A person shall not at any aerodrome with an operating control tower, operate an aircraft on a runway or taxiway or take-off or land an aircraft, unless an appropriate clearance has been received from the air traffic control unit. Section 33(5)(a) is not a clearance to cross or taxi on to that runway; and Section 33(5)(a)(i) is not a clearance to cross or taxi on to that runway; and Section 33(5)(a)(ii) does not authorize the pilot-in-command to cross other runways during the taxi to the assigned runway; Section 33(5)(b) a...

Section 34. Access to and movement in the manoeuvring area Section 34(1) A person shall not enter the manoeuvring area of an aerodrome or drive a vehicle on the manoeuvring area of an aerodrome without the permission of the aerodrome control tower in the case of a controlled aerodrome, or in the case of an uncontrolled aerodrome, the person in charge of the aerodrome, and in accordance with any conditions subject to which that permission may have been granted. Section 34(2) A person shall not move, or move a vehicle on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit and in accordance with any conditions subject to which that permission may have been granted. Section 34(3) Any permission granted for the purpose of this regulation may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicles.

Section 35. Water operations Section 35(1) An aircraft shall proceed with careful regard to existing circumstances and conditions including limitations of the respective craft when two aircraft or an aircraft and a vessel are approaching one another and there is a risk of collision. Section 35(2) A person operating an aircraft on the water shall, in so far as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right- of-way by this regulation. Section 35(3) When two aircraft, or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions, including the limitations of the respective craft. Section 35(4) Where aircraft, or an aircraft and a vessel, are converging the aircraft or vessel which has another to its right shall give way so as to keep well clear. Section 35(5) Where aircraft, or an aircraft and a vessel, are approaching head-on, or approximately so, each shall alter its heading to the right to keep well clear. Section 35(6) An aircraft or vessel that is being overtaken has...

Section 36. Submission of a flight plan Section 36(1) Information relative to an intended flight or portion of a flight, to be provided to air traffic services units, shall be in the form of a flight plan. Section 36(2)(a) any flight or portion thereof to be provided with air traffic control service; Section 36(2)(b) any IFR flight within advisory airspace; Section 36(2)(c) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services; Section 36(2)(d) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate coordination with appropriate military units or with air traffic services units in adjacent States in order to avoid the possible need for interception for the purpose of identification; Section 36(2)(e) any flight across international borders. Section 36(3) A flight plan shall be submitted to an air traffic services reporting office before departure, or, through digital means, or, during flight, transmitted to the appropriate air traffic services unit...

Section 37. Contents of a flight plan Section Aircraft identification

Section 38. Completion of a flight plan Section 38(1) A flight plan shall contain information, as applicable, on relevant items up to and including "Alternate aerodrome(s)" regarding the whole route or the portion thereof for which the flight plan is submitted, whatever the purpose for which it is submitted. Section 38(2) It shall, in addition, contain information, as applicable, on all other items when so prescribed by the appropriate ATS authority or when otherwise deemed necessary by the person submitting the flight plan.

Section 39. Changes to a flight plan Section 39(1) Subject to the provisions of regulation 45 subregulation (1), all changes to a flight plan submitted for an IFR flight, or a VFR flight operated as a controlled flight, shall be reported as soon as practicable to the appropriate air traffic services unit. Section 39(2) Significant changes to a flight plan shall be reported as soon as practicable to the appropriate air traffic services unit for other VFR flights. Section 39(3) Any information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at the time of departure, constitutes a significant change to the flight plan and as such shall be reported.

Section 40. Closing a flight plan Section 40(1) A pilot-in-command shall make a report of arrival in person, by radiotelephony or via data link at the earliest possible moment after landing, to the appropriate air traffic services unit at the arrival aerodrome, by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome unless otherwise prescribed by the appropriate ATS authority. Section 40(2) When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, it shall, when required, be closed by an appropriate report to the relevant air traffic services unit. Section 40(3) When no air traffic services unit exists at the arrival aerodrome, the arrival report, when required, shall be made as soon as practicable after landing and by the quickest means available to the nearest air traffic services unit. Section 40(4)(a) Immediately prior to landing the aircraft shall, if practicable, transmit to the appropriate air traffic services unit, a message comparable to an arrival report, where such a report is required. Section 40...

Section 41. Universal aviation Signals Section 41(1) Upon observing or receiving any of the signals given in Fourth Schedule, aircraft shall take such action as may be required by the interpretation of the signal given in that schedule. Section 41(2) The signals given in the Fourth schedule shall, when used, have the meaning indicated therein and be used only for the purpose indicated. Section 41(3) No other signals likely to be confused with the signals in the Fourth Schedule shall be used. Section 41(4) A marshaller shall be responsible for providing standard marshalling signals to aircraft in a clear and precise manner using the signals shown in Fourth Schedule. Section 41(5) No person shall marshal an aircraft unless trained, qualified and approved by the aerodrome operator to carry out the functions of a marshaller. Section 41(6) The marshaller shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that he or she is the person responsible for the marshalling operation. Section 41(7) Daylight-fluorescent wands, table-tennis bats or gloves shall be used for all signalling by all participating ground staff during daylight hours. Section 41(8...

Section 42. Distress signals Section a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS in the Morse Code;

Section 43. Urgency signals Section 43(1)(a) the repeated switching on and off of the landing lights; or Section 43(1)(b) the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights. Section 43(2)(a) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX; Section 43(2)(b) a signal sent by radiotelephony consisting of the spoken words PAN, PAN; Section 43(2)(c) an urgency message sent via data link which transmits the intent of the words PAN, PAN.

Section 44. Time Section 44(1) Coordinated Universal Time (UTC) shall be used and be expressed in hours and minutes and, when required, seconds of the 24- hour day beginning at midnight. Section 44(2) A time check shall be obtained prior to operating a controlled flight and at such other times during the flight as may be necessary. Section 44(3) Wherever time is utilized in the application of data link communications, it shall be accurate to within 1 second of UTC.

Section 45. Air traffic control clearances Section 45(1) An air traffic control clearance shall be obtained prior to operating a controlled flight, or a portion of a flight as a controlled flight. Section 45(2) Air traffic control clearance shall be requested through the submission of a flight plan to an air traffic control unit. Section 45(3) Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate air traffic control unit. Section 45(4) The appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route ,where known, and the revised destination if prior to departure it is anticipated that depending on fuel endurance and subject to re- clearance in flight, a decision may be taken to proceed to a revised destination aerodrome. Section 45(5) An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit. Section 45(6)(a) is able to fly in uninterrupted visual meteorol...

Section 46. Adherence to current light plan Section 46(1)(a) a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or; Section 46(1)(b) an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and that this action has been taken under emergency authority, except as provided for in subregulation (2) and regulation 47 Section 46(2)(a) when on an established ATS route, operate along the defined centre line of that route; or Section 46(2)(b) when on any other route, operate directly between the navigation facilities and points defining that route. Section 46(3) Subject to the overriding requirement in subregulation (2), an aircraft operating along an ATS route segment defined by reference to very high frequency omni-directional radio ranges shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the changeover point, where established. Se...

Section 47. Deviations from the current flight plan Section 47(1)(a) Deviation from track: if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable. Section 47(1)(b) Deviation from ATC assigned Mach number/indicated airspeed: the appropriate air traffic services unit shall be informed immediately. Section 47(1)(c) Deviation from Mach number or true airspeed: if the sustained Mach number or true airspeed at cruising level varies by plus or minus Mach 0.02 or more, or plus or minus 19 km/h (10 kts) true airspeed or more from the current flight plan, the appropriate air traffic services unit shall be so informed. Section 47(1)(d) Change in time estimate: except where ADS-C is activated and serviceable in airspace where ADS-C services are provided, if the time estimate for the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, changes in excess of 2 minutes from that previously notified to air traffic services, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of regional air navigation agreement...

Section 48. Weather deterioration below the VMC Section request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternative aerodrome, or to leave the airspace within which an ATC clearance is required; or

Section 49. Position reports Section 49(1)(a) the time and level of passing each designated compulsory reporting point, together with any other required information unless exempted by the appropriate ATS authority or by the appropriate air traffic services unit under conditions specified by that authority; Section 49(1)(b) any unforecasted weather conditions encountered; and Section 49(1)(c) any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications. Section 49(2) Position reports shall be made in relation to additional points when requested by the appropriate air traffic services unit. Section 49(3) Position reports shall be made at intervals prescribed by the appropriate ATS authority or specified by the appropriate air traffic services unit in the absence of designated reporting points. Section 49(4) Controlled flights providing position information to the appropriate air traffic services unit via data link communications shall only provide voice position reports when requested.

Section 50. Termination of control Section A controlled flight shall, advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service except when landing at a controlled aerodrome.