The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020 — Esheria

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The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020

Legal Notice 42 of 2020 Country: Kenya As of: 3 Apr 2020 Status: In force Sections: 53
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Section 1

PRELIMINARY - 1. Citation

Part I: PRELIMINARY

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "aircraft" means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface; "accident" means an occurrence associated with the operation of Unmanned Aerial System which takes place between the time such Unmanned Aerial System is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (a) a person is fatally or seriously injured as a result of direct contact with any part of the Unmanned Aerial System, including parts which have become detached from the Unmanned Aerial System; (b) a building, structure or animal comes into direct contract with any part of the Unmanned Aerial System including parts which have become detached from the Unmanned Aerial System; or (c) the Unmanned Aerial System sustains damage or structural failure which— (i) adversely affects the structural strength, performance or flight characteristics of the Unmanned Aerial System; and (ii) would normally require major repair or repl...

Section 3

PRELIMINARY - 3. Application

Part I: PRELIMINARY

Section 3. Application Section 3(1) These Regulations shall apply to any person who imports, exports, tests, owns, operates, procures, assembles, manufactures, modifies or maintains a UAS registered in Kenya wherever they may be and any other such aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operating in Kenya. Section 3(2)(a) State aircraft ("aircraft used in military, customs and police services of Kenya or of any other State or any other civil registered aircraft at the time performing a state function and fully converted to offer services to heads of States, military service, customs or police or to any other State;") ; or Section 3(2)(b) unmanned free balloons or airships.

Section 4

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 4. Registration and licensing considerations

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 4. Registration and licensing considerations Section the national security of Kenya and relevant international and regional obligations and commitments of Kenya under treaties and agreements;

Section 5

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 5. Categorization of UAS operations

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 5. Categorization of UAS operations Section 5(1)(a) Category A Operations (Low risk). This category of operations poses low or minimal risk to the public, property and manned aviation. Operations under this category shall be undertaken in accordance with Part I of the First Schedule; Section 5(1)(b) Category B Operations (medium risk/regulated lower risk). Operations under this category pose medium risk to the public, property and manned aviation. Operations under this category shall be undertaken in accordance with Part II of the First Schedule; and Section 5(1)(c) Category C Operations (High Risk/Manned Aviation Approach). This Category of operations poses high risk to safety of individuals, property and manned aviation. Operations under this category shall be undertaken in accordance with Part III of the First Schedule. Section 5(2) The Authority ("Kenya Civil Aviation Authority;") may from time to time determine additional requirements and specifications for operations in each category.

Section 6

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 6. Eligibility to own UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 6. Eligibility to own UAS Section 6(1)(a) a Kenyan Citizen or resident ("a person holding a residence permit issued under the Kenya Citizenship and Immigration Act, 2011 ();") in Kenya of minimum age of eighteen years; Section 6(1)(b) a body corporate ("any legal entity registered pursuant to statutory law or established by any law in Kenya;") ; or Section 6(1)(c) national government or county government. Section 6(2) A person shall not transfer ownership of an Unmanned Aircraft System without the prior approval of the Authority ("Kenya Civil Aviation Authority;") . Section 6(3) A person other than the national government shall not own, register or operate an Unmanned Aircraft System with military specifications.

Section 7

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 7. Import and Export of UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 7. Import and Export of UAS Section 7(1) A person shall not import an Unmanned Aircraft System or a component thereof without a permit issued by the Authority ("Kenya Civil Aviation Authority;") . Section 7(2) Before issuing a permit referred to under subregulation (1), the Authority ("Kenya Civil Aviation Authority;") shall seek and obtain the necessary security clearance and approval from the Ministry for the time being responsible for matters relating to defense. Section 7(3) A person who intends to export a Kenyan registered Unmanned Aircraft System shall notify the Authority ("Kenya Civil Aviation Authority;") in writing and shall obtain a deregistration certificate.

Section 8

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 8. Manufacture, assembly and testing of UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 8. Manufacture, assembly and testing of UAS Section Any person intending to manufacture, assemble, modify, test, sell or otherwise deal in Unmanned Aircraft System or a component thereof shall apply for authorization from the Authority ("Kenya Civil Aviation Authority;") .

Section 9

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 9. Registration of UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 9. Registration of UAS Section 9(1) An operator or owner of an Unmanned Aircraft System shall register the Unmanned Aircraft System with the Authority ("Kenya Civil Aviation Authority;") and be issued with a certificate of registration. Section 9(2) The Authority ("Kenya Civil Aviation Authority;") shall establish and implement a system for registration and identification of Unmanned Aircraft System in Kenya which shall be displayed on the Unmanned Aircraft System at all times.

Section 10

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 10. De-registration of UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 10. De-registration of UAS Section 10(1)(a) upon application of the owner for purposes of registering the it in another State; Section 10(1)(b) upon its destruction; Section 10(1)(c) upon its permanent withdrawal from use; Section 10(1)(d) in the interest of national security; Section 10(1)(e) where the Authority ("Kenya Civil Aviation Authority;") determines that the owner or operator has violated these Regulations; or Section 10(1)(f) in any other circumstance that the Authority ("Kenya Civil Aviation Authority;") deems fit.

Section 11

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 11. Temporary permit

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 11. Temporary permit Section 11(1) The Authority ("Kenya Civil Aviation Authority;") may, upon application, and in accordance with regulation 13, grant a temporary permit ("a permit authorizing the holder to import into Kenya a UAS registered in another country without first deregistration;") to an applicant for the operation of an Unmanned Aircraft System for a period not exceeding thirty (30) days, which shall be renewable once. Section 11(2)(a) public interest and national security; and Section 11(2)(b) the need to provide reasonable protection for Kenyan operators.

Section 12

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 12. Airworthiness of UAS

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 12. Airworthiness of UAS Section 12(1) An Unmanned Aircraft System owner or operator shall ensure that all its components are in working order and in accordance with the manufacturers' user manual. Section 12(2) The Authority ("Kenya Civil Aviation Authority;") shall require an Unmanned Aircraft System with a type certificate ("document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State;") to obtain a Certificate of Airworthiness.

Section 13

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 13. Authorization UAS operations

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 13. Authorization UAS operations Section 13(1) A person shall not operate an Unmanned Aircraft System in Kenya without authorization from the Authority ("Kenya Civil Aviation Authority;") . Section 13(2) Unmanned Aircraft System operations shall be authorized in accordance with the category of operation as set out in regulation 5 of these Regulations. Section 13(3) A person shall not operate an Unmanned Aircraft System in a category of operation other than the category for which it has been authorized to operate.

Section 14

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 14. Remote Aircraft Operators Certificate (ROC)

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 14. Remote Aircraft Operators Certificate (ROC) Section 14(1) Any person who operates an Unmanned Aircraft System for commercial activities, reward or hire shall obtain a Remote Aircraft Operators Certificate (ROC) from the Authority ("Kenya Civil Aviation Authority;") . Section 14(2) The Remote Aircraft Operators Certificate referred to in subregulation (1) shall authorize the operator to conduct Unmanned Aircraft System operations in accordance with the conditions and limitations detailed in the operations specifications attached to that Certificate. Section 14(3)(a) an adequate organization; Section 14(3)(b) method of control and supervision of flight operations; Section 14(3)(c) training programme; and Section 14(3)(d) ground handling and maintenance arrangements. Section 14(4) The requirements in subregulation (3) shall be consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization.

Section 15

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 15. Application for ROC

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 15. Application for ROC Section 15(1) An operator applying to the Authority ("Kenya Civil Aviation Authority;") for a Remote Aircraft Operators Certificate shall submit an application in a form and manner prescribed by the Authority ("Kenya Civil Aviation Authority;") and containing any other information the Authority ("Kenya Civil Aviation Authority;") may require. Section 15(2) An operator shall make an application for an initial issue or reissue of an Remote Aircraft Operators Certificate at least ninety (90) days before the date of the intended operation.

Section 16

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 16. Issuance of an ROC

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 16. Issuance of an ROC Section 16(1)(a) has its principal place of business and it is registered in Kenya; Section 16(1)(b) meets the applicable regulations and standards for the holder of a Remote Aircraft Operators Certificate; Section 16(1)(c) is properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of the Unmanned Aircraft System; Section 16(1)(d) holds a security clearance issued by the Ministry responsible for matters relating to defence, which the Authority ("Kenya Civil Aviation Authority;") shall seek in the course of processing the application; and Section 16(1)(e) has an aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") operator security programme approved by the Authority ("Kenya Civil Aviation Authority;") and meets any other requirements as may be specified by the Authority ("Kenya Civil Aviation Authority;") .

Section 17

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 17. Validity and renewal of ROC

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 17. Validity and renewal of ROC Section 17(1)(a) a shorter period is specified by the Authority ("Kenya Civil Aviation Authority;") ; Section 17(1)(b) the Authority ("Kenya Civil Aviation Authority;") amends, suspends, revokes or otherwise terminates the Certificate; Section 17(1)(c) the Certificate holder surrenders it to the Authority ("Kenya Civil Aviation Authority;") ; Section 17(1)(d) the Certificate holder notifies the Authority ("Kenya Civil Aviation Authority;") of the suspension of operations. Section 17(2) A Remote Aircraft Operators Certificate which is suspended or revoked shall be returned to the Authority ("Kenya Civil Aviation Authority;") . Section 17(3) An applicant for a Remote Aircraft Operators Certificate which has expired shall make an initial application.

Section 18

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 18. Amendments of ROC

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 18. Amendments of ROC Section 18(1)(a) the Authority ("Kenya Civil Aviation Authority;") determines that the amendment is necessary for the safety of commercial Unmanned Aircraft System operations; or Section 18(1)(b) the Certificate holder applies for an amendment and the authority determines that the amendment is necessary. Section 18(2) A Certificate holder shall operate in accordance with the amendment unless it is subsequently withdrawn.

Section 19

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 19. Safety Management

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 19. Safety Management Section 19(1) The holder of a Remote Aircraft Operators Certificate shall establish a safety management system commensurate with its size and the complexity of its operations. Section 19(2)(a) a process to identify actual and potential safety hazards and assess the associated risks; Section 19(2)(b) a process to develop and implement remedial action necessary to maintain an acceptable level of safety; and Section 19(2)(c) provision for continuous and regular assessment of the appropriateness and effectiveness of safety management activities.

Section 20

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 20. Licence

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 20. Licence Section 20(1) A person shall not act as a remote pilot in command or as a remote co-pilot of an Remote Piloted Aircraft unless that person is a holder of a remote pilot licence issued by the Authority ("Kenya Civil Aviation Authority;") . Section 20(2) Without prejudice to sub-regulation (1), a person shall not act as a Unmanned Aircraft System pilot for category B and C operations, as specified under regulation 5, unless that person is a holder of a remote pilot licence issued by the Authority ("Kenya Civil Aviation Authority;") . Section 20(3) Remote Pilot Licence required by sub-regulations (1) and (2) shall be issued in accordance with provisions established in the Second Schedule to these Regulations.

Section 21

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 21. Training

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 21. Training Section 21(1) No person shall provide training or instruction on the operation of Unmanned Aircraft System operations without an authorization issued by the Authority ("Kenya Civil Aviation Authority;") . Section 21(2) The authorization granted under sub-regulation (1) shall be valid for twenty four (24) months.

Section 22

CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS - 22. Cancellation, suspension or variation of authorization

Part II: CATEGORIZATION OF OPERATIONS AND REGISTRATION OF UAS

Section 22. Cancellation, suspension or variation of authorization Section 22(1)(a) in the interest of public safety or national security; Section 22(1)(b) for violating these Regulations: Section 22(1)(c) for violating any requirement, restriction, term or condition imposed by the Authority ("Kenya Civil Aviation Authority;") ; or Section 22(1)(d) for any other public interest. Section 22(2) The Authority ("Kenya Civil Aviation Authority;") may seize any Unmanned Aircraft System or a component thereof belonging to a person who contravenes the provisions of these Regulations pending further administrative action. Section 22(3) The Authority ("Kenya Civil Aviation Authority;") may apply to a competent court for an order authorizing the Authority ("Kenya Civil Aviation Authority;") to destroy or otherwise dispose of any item confiscated under subregulation (2).

Section 23

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 23. General obligation of a UAS owner or operator

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 23. General obligation of a UAS owner or operator Section 23(1)(a) be responsible for the safe conduct of its operations; Section 23(1)(b) comply with all requirements, terms and conditions established by the Authority ("Kenya Civil Aviation Authority;") regarding its operation; Section 23(1)(c) be responsible for contracted services from providers including communications service providers, as necessary, to carry out its operations; Section 23(1)(d) be responsible for operational control of the Unmanned Aircraft System; Section 23(1)(e) ensure that it is registered in accordance with the provisions of these Regulations; and Section 23(1)(f) ensure secure storage of the Unmanned Aircraft System or components thereof at all times. Section 23(2)(a) name and contact information of the operator; Section 23(2)(b) Unmanned Aircraft System characteristics (type of aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , maximum certificated take-off mass, number of engines and wing span); Section 23(2)(c) copy of certificate of registration of the Unmanned Aircraft System; Se...

Section 24

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 24. UAS operating limitations

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 24. UAS operating limitations Section 24(1)(a) at above 400 feet Above Ground Level (AGL) and within 50 meters of any person, vessel, vehicle or structure which is not under the control of the person in charge of the Unmanned Aircraft System; Section 24(1)(b) except with the authorization of the Authority ("Kenya Civil Aviation Authority;") ; Section 24(1)(c) in conditions other than Visual Meteorological Conditions (VMC); Section 24(1)(d) at night, unless specifically cleared by the Authority ("Kenya Civil Aviation Authority;") on a case by case basis; Section 24(1)(e) where cameras, imaging devices or other sensors capture information, pictures or videos extending beyond the prescribed area of approved operation. Section 24(2) Where cameras, imaging devices or other sensors capture information, pictures or videos referred to in subregulation (1)(d), such information shall not be reproduced, processed, shared, distributed or published. Section 24(3) Notwithstanding the provisions of subregulation (1)(a), Unmanned Aircraft System operations may be conducted at such higher heights and lateral distances as the Authority ("Kenya Civil Aviation Authority;") may approve. Section...

Section 25

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 25. Reporting of UAS incidents and accidents

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 25. Reporting of UAS incidents and accidents Section 25(1) An Unmanned Aircraft System operator shall ensure that all incidents and accidents involving such a system are reported to the Authority ("Kenya Civil Aviation Authority;") . Section 25(2) The Authority ("Kenya Civil Aviation Authority;") shall establish a mechanism for members of the public to report accidents, incidents and alleged violations of the regulation by the System operators or owners. Section 25(3) A person who owns or operates Unmanned Aircraft System shall notify the Authority ("Kenya Civil Aviation Authority;") immediately of the loss or theft of the system or its components thereof. Section 25(4) The Authority ("Kenya Civil Aviation Authority;") shall upon receipt of a report of the loss, theft, incident or accident involving an Unmanned Aircraft System determine the nature and type of any additional investigation or enforcement action that requires to be taken.

Section 26

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 26. Prohibited operation of UAS

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 26. Prohibited operation of UAS Section 26(1) A person shall not operate an Unmanned Aircraft System in a negligent or reckless manner. Section 26(2)(a) in the course of operation, endangers other aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") , persons or property; Section 26(2)(b) operates in a prohibited, a restricted and danger areas, the particulars of which have been duly published in the Kenya Aeronautical Information Publication (AIP), except in accordance with the conditions of the restrictions or by permission granted by the Authority ("Kenya Civil Aviation Authority;") ; or Section 26(2)(c) operates in or around strategic installations, Air Navigation Service facilities, high tension cables and communication masts, prisons, police stations, courts of law, scenes of crime, schools and hospitals except in accordance with the conditions of the restrictions or by permission granted by the Authority ("Kenya Civil Aviation Authority;") . Section 26(3) The Authority ("Kenya Civil Aviation Authority;") in consultation with the Cabinet Secretary responsible f...

Section 27

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 27. Carriage of dangerous goods

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 27. Carriage of dangerous goods Section 27(1) A person shall not take on board or cause to be taken on board an Unmanned Aircraft System or deliver or cause to be delivered for loading thereon any goods which that person knows or has reasonable cause to know to be dangerous goods unless approved by the Authority ("Kenya Civil Aviation Authority;") . Section 27(2) For the purposes of subregulation (1), "dangerous goods" includes any substance that is classified as such in the ICAO Technical Instructions for Carriage of Dangerous Goods.

Section 28

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 28. Operations in congested areas and crowds

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 28. Operations in congested areas and crowds Section A person shall not operate an Unmanned Aircraft System at lateral distance of less than 50 metres from any person, building, structure, vehicle, vessel or animal not associated with the operations of the System unless authorized by the Authority ("Kenya Civil Aviation Authority;") .

Section 29

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 29. Operations in the vicinity of public roads

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 29. Operations in the vicinity of public roads Section the operation has been approved by the Authority ("Kenya Civil Aviation Authority;") ; or

Section 30

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 30. Landing on roads

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 30. Landing on roads Section where the operation has been approved by the Authority ("Kenya Civil Aviation Authority;") ; or

Section 31

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 31. Collision avoidance

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 31. Collision avoidance Section 31(1) An Unmanned Aircraft System in all airspace shall operate in accordance with the Civil Aviation (Rules of the Air) Regulations and a remote pilot shall maintain awareness so as to see and avoid other aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and vehicles and shall yield the right-of-way to all aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") and vehicles. Section 31(2) For the purposes of subregulation (1), "yielding the right-of-way" means that the Unmanned Aircraft System shall give way to the manned aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") or vehicle and may not pass over, under, or ahead of it unless well clear. Section 31(3) No person shall operate an Unmanned Aircraft System so close to another aircraft ("any machine that can derive support in the atmosphere from the reactions of the...

Section 32

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 32. International UAS operations

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 32. International UAS operations Section commencing at a place within Kenya and terminating at a place outside Kenya without authorization from the State of destination or any other State over whose airspace the Unmanned Aircraft System shall fly; or

Section 33

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 33. Filing of flight plans

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 33. Filing of flight plans Section 33(1) All Unmanned Aircraft System flights in controlled airspace ("an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;") shall file flight plans. Section 33(2) Without prejudice to the generality of subregulation (1), all Unmanned Aircraft System flights in uncontrolled airspace shall at all times comply with the applicable rules of the air.

Section 34

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 34. Emergency and contingency links

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 34. Emergency and contingency links Section All Unmanned Aircraft System operators shall develop and implement emergency and contingency procedures acceptable to the Authority ("Kenya Civil Aviation Authority;") .

Section 35

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 35. Command and Control

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 35. Command and Control Section 35(1) An Unmanned Aircraft System owner or operator shall ensure that he or she has command and control of the System at all times during the flight. Section 35(2) Any Unmanned Aircraft System owner or operator who loses command and control of his or her System shall report to the Authority ("Kenya Civil Aviation Authority;") immediately.

Section 36

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 36. Air Traffic Control (ATC) communication

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 36. Air Traffic Control (ATC) communication Section 36(1) An Unmanned Aircraft System pilot shall ensure that Air Traffic Control (ATC) is made aware of any operations that shall take place in areas which are likely to affect manned and controlled air traffic. Section 36(2) The Air Navigation Service Provider (ANSP) shall establish procedures, acceptable to the Authority ("Kenya Civil Aviation Authority;") , for integration of the System operation into the airspace to ensure aviation safety and such procedures shall include communication and surveillance detection. Section 36(3) Procedures referred to in subregulation (2) shall provide for required information to be passed to Air Traffic Control by the System pilot before and during the Unmanned Aircraft System operations.

Section 37

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 37. Operation in the vicinity of aerodromes

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 37. Operation in the vicinity of aerodromes Section within ten (10) kilometres of an aerodrome from the aerodrome reference point for code C, D, E and F aerodromes;

Section 38

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 38. Operations at an aerodrome

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 38. Operations at an aerodrome Section 38(1)(a) impose operating restrictions on the approval in the interest of safety; Section 38(1)(b) publish details of the approval in the appropriate Aeronautical Information Product; Section 38(1)(c) revoke or change the conditions that apply to such approval and publish details of any revocation or change in conditions in the appropriate element of the Aeronautical Information Product. Section 38(2)(a) Aeronautical Information Publication (AIP), including Amendments and Supplements; Section 38(2)(b) Aeronautical Information Circulars (AIC); Section 38(2)(c) Aeronautical charts; Section 38(2)(d) Notice to Airmen (NOTAM); and Section 38(2)(e) Digital data sets.

Section 39

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 39. Record keeping

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 39. Record keeping Section 39(1)(a) operator's organization; Section 39(1)(b) safety management systems; Section 39(1)(c) personnel training and competence verification; Section 39(1)(d) documentation of all management system key processes and products; Section 39(1)(e) maintenance records; and Section 39(1)(f) security management records. Section 39(2) A person who deals in Unmanned Aircraft System or its components shall keep records of all transactions involving the system or any component thereof. Section 39(3) Records shall be stored in a manner that ensures protection from damage, alteration and theft and shall comply with all data protection laws of Kenya. Section 39(4) Records identified in this regulation shall be current and have sufficient details to determine whether the experience and qualification requirements are met for the purpose of the Unmanned Aircraft System operations. Section 39(5) The Authority ("Kenya Civil Aviation Authority;") shall be entitled at any reasonable time to inspect and take copies of extracts from the records kept in accordance with subregulation (1).

Section 40

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 40. Insurance

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 40. Insurance Section 40(1) A person shall not operate, or cause to be operated or commit any other person to operate an Unmanned Aircraft System UAS there is in force a minimum insurance policy in respect of third party risks. Section 40(2) The minimum sum of insurance in respect of any Unmanned Aircraft System insured in accordance with subregulation (1) shall be notified by the Authority ("Kenya Civil Aviation Authority;") . Section 40(3) An operator of an Unmanned Aircraft System shall make available third party liability insurance certificate(s), in the authentic form, at the location of the System operator's operational management or any other location specified by the Authority ("Kenya Civil Aviation Authority;") . Section 40(4) Notwithstanding the provisions of subregulation (1), the Authority ("Kenya Civil Aviation Authority;") may dispense with the requirement for insurance depending on the category of the Unmanned Aircraft System.

Section 41

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 41. Privacy of persons and property and nuisance

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 41. Privacy of persons and property and nuisance Section 41(1) An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to conduct Surveillance on or take an Image of a person without that person's written consent. Section 41(2) An Unmanned Aircraft System operator or owner shall not use a System equipped with an Imaging Device to record an image ("a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property;") of privately owned or leased real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image ("a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, sound waves, odors, or other physical phenomena which capture conditions existing on or about real property or an individual located on that property;") in violation of such person's reasonable expectation of privacy without his or her written consent....

Section 42

GENERAL REQUIREMENTS FOR OPERATIONS OF UAS - 42. Discharge or dropping goods

Part III: GENERAL REQUIREMENTS FOR OPERATIONS OF UAS

Section 42. Discharge or dropping goods Section 42(1) A person shall not cause an object to be dropped or discharged from an Unmanned Aircraft System unless the authorization granted expressly provides for such dropping or discharge. Section 42(2) For purposes of this regulation, an object includes gases, liquids, solids, electromagnetic pulse or any other thing capable of being discharged or dropped from an Unmanned Aircraft System.

Section 43

SECURITY - 43. Security of UAS

Part IV: SECURITY

Section 43. Security of UAS Section conduct background checks on all personnel recruited for deployment, handing and storage of any Unmanned Aircraft System;

Section 44

SECURITY - 44. Consumption ofpsychoactive substances

Part IV: SECURITY

Section 44. Consumption ofpsychoactive substances Section consume alcohol less than 8 hours prior to reporting for duty;

Section 45

SECURITY - 45. Security procedures requirement

Part IV: SECURITY

Section 45. Security procedures requirement Section 45(1) A Remote Aircraft Operators Certificate holder shall not operate an Unmanned Aircraft System without operator security procedures approved by the Authority ("Kenya Civil Aviation Authority;") . Section 45(2) An Unmanned Aircraft System shall be subject to security inspection at any time during its operations by the Authority ("Kenya Civil Aviation Authority;") without prior notification to the operator. Section 45(3)(a) specify the security measures, procedures and practices to be followed by the operator to protect pilots and facilities from acts of unlawful interference; Section 45(3)(b) at a remote pilot station; Section 45(3)(b)(i) at a remote pilot station; Section 45(3)(b)(ii) on a remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system; and Section 45(3)(b)(iii) any facility under the control of the remote piloted aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") system operations....

Section 46

SECURITY - 46. Security obligations for UAS operators

Part IV: SECURITY

Section 46. Security obligations for UAS operators Section be responsible for the security of such system operations including associated facilities, personnel and equipment;

Section 47

SECURITY - 47. Acts of unlawful interference with civil aviation

Part IV: SECURITY

Section 47. Acts of unlawful interference with civil aviation Section have response procedures for operations personnel for threats and incidents involving Unmanned Aircraft System operations; and

Section 48

SECURITY - 48. Interference of UAS operations

Part IV: SECURITY

Section 48. Interference of UAS operations Section 48(1) Except as provided in regulation 49, no person shall interfere with duly authorized operation of an Unmanned Aircraft System or intercept an Unmanned Aircraft System in any manner whatsoever. Section 48(2) Any person who unlawfully interferes with duly authorized operation of an Unmanned Aircraft System commits an offence and shall be liable, upon conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years, or to both.

Section 49

SECURITY - 49. Interception of UAS

Part IV: SECURITY

Section 49. Interception of UAS Section 49(1)(a) that contravenes any provision of these Regulations; Section 49(1)(b) that poses a serious and an imminent risk to safety of the public; or Section 49(1)(c) preventing further contravention of any provision of these Regulations; Section 49(1)(c)(i) preventing further contravention of any provision of these Regulations; Section 49(1)(c)(ii) preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public; or Section 49(1)(c)(iii) safeguarding national security. Section 49(2)(a) to end the flight or land it, safely in the fastest practicable way; or Section 49(2)(a)(i) to end the flight or land it, safely in the fastest practicable way; or Section 49(2)(a)(ii) to fly the aircraft ("any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface;") in the manner specified by the Authority ("Kenya Civil Aviation Authority;") ; Section 49(2)(b) to assume control of the Unmanned Aircraft System or fly it or to end the flight or land it safely in the fastest practicable way; or Section 49(2)(b)(iii) to...

Section 50

MISCELLANEOUS PROVISIONS - 50. Protection from personal liability

Part V: MISCELLANEOUS PROVISIONS

Section 50. Protection from personal liability Section 50(1) No matter or action taken by the Authority ("Kenya Civil Aviation Authority;") or by any member of staff or agent of the Authority ("Kenya Civil Aviation Authority;") shall, if the matter or action taken was in good faith for the purposes of performing the functions of the Authority ("Kenya Civil Aviation Authority;") under the Act or these regulations, render the Authority ("Kenya Civil Aviation Authority;") or the person liable for any action, claim or demand. Section 50(2) Any expenses incurred or to be incurred by any person mentioned in subsection (1) in defending an action, claim or demand in any suit brought against that person in respect of any act or omission done or purported to be done by that person under these Regulations, or on the direction of the Authority ("Kenya Civil Aviation Authority;") , shall be reimbursed or borne by the Authority ("Kenya Civil Aviation Authority;") unless the act or omission was done in bad faith.