ADVOKS GLOBAL · KENYA
Kenyan legislation
Civil Aviation (Approved Training Organizations) Regulations, 2018
Edition: 2018-05-04 · In force
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Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Civil Aviation (Approved Training Organizations) Regulations, 2018.2. Interpretation
In these Regulations, unless the context otherwise requires—"accountable manager" means the manager who has corporate authority for ensuring that all training commitments can be financed and carried out to the standard required by the Authority and any additional requirements defined by the approved training organization;"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;"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;"approved training" means training conducted under special curricula and supervision approved by the Authority;"approved training organization" means an organization approved by the Authority to perform approved training as specified in these Regulations and operating under the supervision of the Authority;"air operator certificate" means a certificate authorizing an operator to carry out specified commercial air transport operations;"Authority" means the Kenya Civil Aviation Authority;"procedures manual" means a manual containing procedures, instructions and guidance for use by personnel of the approved training organization in the execution of their duties in meeting the requirements of the certificate;"quality manager" means the manager, acceptable to the Authority, responsible for the management of the quality system, monitoring function and requesting corrective actions;"quality system" means the documented organizational procedures and policies; the internal audit of those policies and procedures; and the management review and recommendation for quality improvement;"satellite approved training organisation" means an approved training organisation at a location other than primary location of the approved training organisation;"flight simulation training device" means any one of the following three types of apparatus in which flight conditions are simulated on the ground—(a)a flight simulator, which provides an accurate representation of the cockpit of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members and the performance and flight characteristics of that type of aircraft are realistically simulated;(b)a flight procedures trainer, which provides a realistic cockpit environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems, and the performance and flight characteristics of aircraft of a particular class; or(c)a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the cockpit environment of an aircraft in flight in instrument flight conditions;"training manual" means a manual containing the training goals, objective, standards syllabi, and curriculum for each phase of the approved training course; and"training specifications" means a document issued to an approved training organization certificate holder by the Authority that specifies training program requirements and authorizes the conduct of training, checking, and testing with any of the attendant limitations.Part II – CERTIFICATION AND LOCATION REQUIREMENTS
3. Requirements for an ATO Certificate
(1)A person, other than—(a)an air operator certificate or an approved maintenance organisation certificate holder conducting training of its own personnel under the Civil Aviation (Air Operator Certification and Administration) Regulations, and the Civil Aviation (Approved Maintenance Organisation) Regulations, respectively; and(b)an operator with an approved training programme in its operations manual under Civil Aviation (Operation of Aircraft) Regulations,shall not hold out as or operate an approved training organization without, or in violation of, an approved training organization certificate and training specifications issued under these Regulations.(2)A person shall not conduct training, testing or checking in synthetic flight trainers without, or in violation of, an approved training organization certificate and training specifications required under these Regulations.(3)The Authority will issue to an approved training organization that meets the requirements of these Regulations, an ATO certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel, other than flight crew members, as approved by the Authority.(4)A holder of an approved training organization certificate shall, at all times, display that certificate in a place in the school that is normally accessible to the public and that is not obscured.4. Evaluation and checking
Where the Authority has authorized an approved training organization to conduct the testing required for the issue of a licence or rating, the testing shall be conducted by personnel authorized by the Authority or designated by the training organization in accordance with criteria approved by the Authority.5. Application for issuance or amendment of an ATO certificate
(1)An applicant for an approved training organization certificate and training specifications, or for an amendment to an approved training organization certificate and training specifications shall apply at least ninety days before the beginning of any proposed training which was not approved before.(2)An applicant for an approved training organisation certificate shall submit an application on a form and manner prescribed by the Authority; and(3)An application shall contain the following information—(a)a statement showing that the minimum qualification requirement for each management position are met;(b)a description of the minimum qualifications and ratings for each instructor;(c)a statement acknowledging that the applicant may notify the Authority within ten working days of any change made in the assignment of persons in the required management or instructors positions;(d)the proposed training specifications requested by the applicant;(e)a description of the training equipment that the applicant proposes to use including the aircraft, the synthetic flight trainers including any special equipment used for each phase of training;(f)a listing of the aerodromes or sites at which training flights originate, if applicable, and a description of the applicant's training facilities, equipment and qualifications of personnel to be used;(g)a training program, including manuals, curricula, outlines, course ware, procedures and documentation to support the items required in Regulations 23, 27 and 28;(h)a description of a recordkeeping system that will identify and document the details of training, qualification, and licencing of students, instructors, and evaluators;(i)a description of quality control measures proposed;(j)a method of demonstrating the applicant's qualification and ability to provide training for a licence or rating in fewer than the minimum hours prescribed in the Civil Aviation (Personnel Licencing) Regulations, if the applicant proposes to do so; and(k)a statement of compliance showing how the applicant has met all applicable requirements in these Regulations.(4)An approved training organisation shall submit manual establishing procedures acceptable to the Authority to ensure compliance with all relevant requirements of these Regulations and the procedures shall include a quality system which meets the requirements specified in these Regulations.(5)An applicant for an approved training organisation certificate shall ensure that the facilities and equipment described in the application are—(a)available for inspection and evaluation prior to approval; and(b)in place and operational at the location of the approved training organisation prior to the issue of a certificate under these Regulations.(6)The Authority shall after inspection, issue to an applicant who meets the requirements of these Regulations and is approved by the Authority—(a)an approved training organisation certificate containing—(i)the name and location of an approved training organisation;(ii)the date of issue and period of validity of the certificate;(iii)the authorized locations of operations; and(iv)training courses for the following categories, as applicable, flight crew training, training for personnel other than flight crew and other training as approved by the Authority—(b)training specifications containing—(i)authorization for an approved training organisation;(ii)the type of training authorized, including approved training courses;(iii)the rating, category, class and type of aircraft, or parts of the aircraft, that may be used for training, testing and checking;(iv)for each synthetic flight trainer that may be used for training, testing and checking, the make, model and series of aircraft being simulated, the qualification level and the identification number assigned by the Authority;(v)any aircraft, or part of the aircraft, approved for training, as appropriate;(vi)the staff required to perform and meet the requirements of these Regulations; and(vii)any other items the Authority may require or allow.(7)The Authority shall not issue an approved training organisation certificate if it finds that the applicant does not comply with the approval requirements of these Regulations.(8)The Authority may amend an approved training organisation certificate or the training specifications—(a)on the Authority's own initiative, under the applicable legislation; or;(b)upon application by the certificate holder.(9)A training organisation located outside Kenya may apply for a Kenyan approved training organisation certificate, to provide training leading to a license issued by Authority provided the requirements of these Regulations are met.(10)If changes are made by an approved training organisaton to the items listed in sub regulations above, without notification to the Authority and amendment of an approved training organisation certificate by the Authority, the approved training organisation certificate may be suspended or revoked by the Authority.6. Validity of the certificate
A certificate issued or renewed to an approved training organization shall be valid for twelve months from the date of issue or renewal, unless a shorter period is specified by the Authority and unless—(a)the Authority amends, suspends, revokes or otherwise terminates the certificate; or(b)an approved training organisation surrenders it to the Authority;(c)the Authority establishes that an approved training organisationhas suspended provision of the approved courses for more than 90 continuous days;(d)an approved training organisation holder notifies the Authority of the suspension of approved courses.7. Inspection
(1)The Authority may, at any time, inspect an approved training organization approved training organisation certificate holder's facilities, records, personnel and equipment to determine the approved training organisation's ongoing compliance with these Regulations.(2)The Authority shall conduct inspections at least once annually.(3)After the inspection specified in subregulation (1), an approved training organisation certificate holder shall be notified, in writing, of any deficiencies found during the inspection.(4)An inspection shall also be conducted on the applicant for, or on the holder of an approved training organisation certificate based outside Kenya.(5)An inspection carried out pursuant to this regulation shall focus on—(a)adequacy of, and qualifications of staff;(b)validity of instructors' licences, ratings and logbooks;(c)training aircraft, associated documents and maintenance records;(d)synthetic flight trainers qualification and approval;(e)facilities: library, class rooms, training equipment adequacy to the courses being conducted and the number of students;(f)documentation: documents related to the courses; updating system;(g)training and operations manuals;(h)training records and assessment forms;(i)flight instruction including pre-flight briefing, actual flight debriefing for approved training organisations s for flight crew training;(j)examination: management and control;(k)instruction program for personnel other than flight crew; and(l)quality assurance system.(6)The issuance of an approval for a training organization and the continued validity of the approval shall depend upon the training organization being in compliance with the requirements of this regulation.8. Renewal of the certificate
(1)An approved training organization may apply for renewal of its approved training organisation certificate at least sixty days before the expiry date in order to ensure continuity of the training, provided the approved training organisation meets the requirements prescribed in these Regulations.(2)The Authority shall inspect an approved training organisation that applies for a renewal to ensure that the approved training organisation meets the requirements prescribed in these Regulations.9. Suspension or revocation
(1)The Authority shall suspend or revoke an approved training organization certificate, if it is established that a certificate holder has not met, or no longer meets the requirements of these Regulations.(2)The Authority may suspend, or revoke an approved training organisation certificate if it finds that the applicant does not comply with the approval requirements of these Regulations.10. Certificate holder responsibilities
A holder of an approved training organization certificate shall—(a)ensure that the facilities and working environment of an ATO are appropriate for the tasks to be performed;(b)ensure that it has the necessary technical data, equipment, training devices and material to conduct the courses for which it is approved;(c)not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance;(d)maintain the records required by these Regulations in facilities adequate for that purpose; and(e)provide the method used for the completion and retention of the training records.11. Quality system for ATO
(1)An approved training organisation shall establish a quality system acceptable to the Authority which includes but not limited to—(a)an independent audit procedure to monitor training standards;(b)the integrity of knowledge examinations and practical assessments; and(c)compliance with and adequacy of procedures.(2)The management of the quality system must include feedback of the independent audit findings to an approved training organisation senior management personnel and ultimately to the accountable manager to ensure, as necessary, corrective action.(3)The quality system shall meet the requirements prescribed in the First Schedule to these Regulations.12. Location of principal business office
An applicant for, or holder of an approved training organisation certificate shall establish and maintain a principal business office that is physically located at the address shown on the certificate.13. Satellite approved training organisations
(1)A holder of an approved training organisation approved training organization certificate may conduct training in accordance with a training program approved by the Authority at a satellite approved training organisation if—(a)the facilities, equipment, personnel and course content of the satellite approved training organisation meet the applicable requirements;(b)the instructors at the satellite approved training organisation are under the direct supervision of management personnel of the principal approved training organisation; and(c)an approved training organisation certificate holder's training specifications reflect the name and address of the satellite approved training organisation and the approved training courses offered at the satellite approved training organisation.(2)The Authority shall issue training specifications which prescribe the operations required and authorized at each satellite approved training organisation.(3)An approved training organisaiton may sub-contract certain activities to any other organizations subject to the approval of the Authority.(4)The ultimate responsibility for the training provided by the satellite approved training organisation remains with the principal approved training organisation.(5)An approved training organisation and its satellite approved training organisation will execute a written agreement defining the safety and quality-related services to be provided, the satellite approved training organisation's safety related activities relevant to the agreement should be included in the approved training organisation's quality assurance programme.14. Changes requiring notice to the Authority
(1)An approved training organization shall notify the Authority within thirty days of any of the following changes—(a)the Accountable Manager;(d)the housing, training facilities and equipment, procedures, training programs and work scope that could affect the approval;(e)a description of the method used for the completion and retention of the training records; and(f)any changes to an approved manual.(2)The Authority may prescribe the conditions under which an approved training organisation may operate during the period such changes as specified in subregulation (1) occurs unless the Authority determines that the approval be suspended.15. Training Manual and Procedures Manual
(1)An applicant or a holder of an approved training organization certificate shall prepare and maintain a training manual and procedures manual, approved by the Authority containing information and instructions to enable staff to perform their duties and to give guidance to students on how to comply with course requirements, as listed in the training manual and procedures manual set out in the Second Schedule to these Regulations.(2)An approved training organisation may combine the training manual and the procedures manual.(3)An approved training organisation shall ensure that the training manual and procedures manual is amended and approved by the Authority as necessary to keep the information contained therein up to date.(4)Proposed amendments to the training manual and procedures manual shall be furnished promptly to the Authority for approval.(5)An approved training organisation shall provide the approved amendments to all organizations or persons to whom the manual has been issued.(6)An approved training organization shall provide training and procedures manual for the use and guidance of personnel concerned.16. Safety Programme and management System
(1)The Authority shall establish a safety programme in order to achieve an acceptable level of safety in an approved training organisation under these Regulations.(2)An approved training organisation holder shall establish and maintain a safety management system acceptable to the Authority as outlined in the Civil Aviation (Safety Management) Regulations.Part III – TRAINING FOR FLIGHT CREW LICENCES AND RATINGS
17. Flight crew training courses
The Authority may approve, as provided in the training specifications, the following courses of instruction to an applicant for, or a holder of an approved training organisation certificate, provided the applicant meets the requirements of the Civil Aviation (Personnel Licensing) Regulations, and these Regulations—(a)private pilot licence course;(b)commercial pilot licence course;(c)instrument rating course;(d)commercial pilot licence or instrument rating-multi-engine or crew resource management integrated course;(e)airline transport pilot licence course;(f)multi-crew pilot licence;(g)flight engineer licence course;(h)flight navigator licence course;(k)flight instructor course;(l)instructor course for additional type or class ratings;(m)instructor course for synthetic flight training;(o)category II and III Ops;(r)safety management systems; and(s)any such other course as the Authority may approve.18. Personnel
(1)An approved training organisation must have the following required management personnel, approved by the Authority—(a)an accountable manager;(d)a chief flight instructor, as applicable;(e)a chief ground instructor as applicable; and(f)an adequate number, as approved by the Authority, of ground and flight instructors relevant to the courses provided.(2)A person serving in a required management position of an approved training organisation shall not serve simultaneously in a management position in another approved training organisation.(3)An instructor to be used for flight training must hold an instructor rating or authorization in accordance with the Civil Aviation (Personnel Licensing) Regulations relevant to the instructions given.(4)An approved training organisation shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities; the training program for instructional personnel established by the approved training organisation shall include training in knowledge and skills related to human performance.(5)The responsibilities and qualifications of the management personnel employed in an approved training organisation shall be as specified in the Third Schedule to these Regulations.(6)The Authority may approve positions, other than those listed, if an approved training organisation is able to show that it can conduct the training with the high training standard under the direction of fewer or different categories of management personnel due to the—(a)kind of training conducted;(b)number of students; and(c)locations of training.(7)An approved training organisation shall prescribe the duties and qualification of the personnel designated as responsible for planning, performing and supervising the training of the personnel referred to in subregulation (1).(8)The competence of training personnel shall be in accordance with procedures prescribed and accepted by the Authority.19. Training program and approval
(1)An applicant for, or a holder of an approved training organisation certificate, shall apply to the Authority for training program approval.(2)An applicant for, or holder of an approved training organisation certificate shall develop training program for each type of course offered which shall include—(a)a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phase presentation, a list of standard exercises and a curriculum summary, in particular, synthetic flight training and theoretical knowledge instruction shall be phased in such a manner as to ensure that students shall be able to apply to flying exercises the knowledge gained on the ground;(b)minimum aircraft and flight training equipment requirements for each proposed program;(c)minimum instructor qualifications for each proposed program; and(d)a program for initial training and continuing training of each instructor employed to instruct in a proposed program.(3)The content and sequence of the training program shall be acceptable to the Authority.(4)An approved training organisation shall provide the training and procedure manual for the use and guidance of personnel concerned and the manual may be issued in separate parts and shall contain at least the following information.(a)a general description of the scope of training authorized under the organization's terms of approval;(b)the content of the training programmes offered including the course ware and equipment to be used;(c)a description of the organization's quality assurance system;(d)a description of the organization's facilities;(e)the name, duties and qualification of the person designated as responsible for compliance with the requirements of the approval;(f)a description of the procedures used to establish and maintain the competence of instructional personnel; and(g)a description, when applicable, of additional training needed to comply with an operator's procedures and requirements.(5)Approved training shall provide a level of competency at least equal to that provided by the minimum experience requirements for personnel not receiving such approved training.(6)The qualifications required for the issue of personnel licenses can bemore readily and speedily acquired by applicants who undergo closely supervised, systematic and continuous courses of training, conforming to a planned syllabus or curriculum. Provision has accordingly been made for some reduction in the experience requirements for the issue of certain licenses and ratings prescribed in the Civil Aviation (Personnel Licensing) Regulations, in respect of an applicant who has satisfactorily completed a course of approved training.(7)Approved training for flight crew shall be conducted within an approved training organisation.20. Training aircraft
(1)A holder of an approved training organization certificate shall provide anadequate fleet of training aircraft, as approved by the Authority, appropriate to the courses of training for flight crew licences and ratings.(2)A training aircraft provided under subregulation (1) shall be fitted with duplicated primary flight controls for use by the instructor and the student and shall not have swing-over flight controls.(3)The fleet provided under subregulation (1) shall include—(a)as appropriate to the courses of training, aeroplanes suitable for demonstrating stalling and spin avoidance;(b)helicopters shall include, as appropriate to the courses of training, a helicopter suitable for auto-rotation demonstration; and(c)aircraft suitably equipped to simulate instrument meteorological conditions and suitably equipped for instrument flight training and testing.21. Synthetic flight trainers
(1)An applicant for, or a holder of an approved training organization certificate providing synthetic flight training shall—(a)satisfy the Authority that suitably equipped synthetic flight trainers are provided having regard to the number of students and organization of courses; and(b)show that each flight simulation training device used for training, testing and checking will be or is specifically qualified and approved by the Authority for—(i)each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable; and(ii)each training program or training course in which the synthetic flight trainer is used, if that program or course is used to satisfy any requirement of these Regulations.(2)Synthetic training devices shall be qualified according to the requirements established by Kenya and their use shall be approved by the Licensing Authority to ensure that they are appropriate to the task.22. Aerodrome and sites
(1)An applicant for, or a holder of, an approved training organisaiton certificate that intends to conduct or conducts flight training shall show that it has continuous use of each airport and sites for helicopter training at which training flights originate and that the airport has an adequate runway and other necessary equipment.(2)A base aerodrome and any alternative base aerodrome at which flying training is being conducted shall have at least the following facilities—(a)at least one runway or take-off area that allows training aircraft to make a normal take-off or landing at the maximum take-off or maximum landing mass authorized, and touch down autorotation as appropriate—(i)under calm wind of not more than five knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area;(ii)clearing all obstacles in the take-off flight path by at least fifty feet;(iii)with the powerplant operation and the landing gear, if applicable recommended by the manufacturer;(iv)with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques;(b)wind direction indicator that is visible at ground level from the ends of each runway;(c)have adequate runway electrical lighting if used for night training; and(d)have a traffic direction indicator when—(i)the airport does not have an operating control tower; and(ii)traffic and wind advisories are not available;(e)sites shall be available for—(i)confined area operation training;(ii)simulated engine off autorotation; and(iii)sloping ground operation.23. Training facilities
(1)An applicant for, or a holder of an approved training organisation certificate shall, subject to the determination by the Authority, have facilities appropriate for the maximum number of students expected to be taught at any time.(2)The minimum facilities shall be—(a)for flight operations—(ii)a flight planning room;(iii)adequate briefing rooms;(iv)an office for the instructors;(b)for knowledge instructions—(i)classroom accommodation;(ii)suitable demonstration equipment;(iii)a radio telephony training and testing facility;(v)an office for instructors.(3)A holder of an approved training organisaition certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program unless that change is approved by the Authority in advance.(4)A facility that is an approved training organisation's principal place of business—(a)shall not be shared with or used by another approved training organisation; and(b)shall be adequate, as approved by the Authority, to maintain the files and records required to operate the business of an approved training organisation.Part IV – TRAINING FOR LICENCES AND RATINGS FOR AIRCRAFT MAINTENANCE ENGINEERS, AIR TRAFFIC CONTROLLERS AND FLIGHT OPERATION OFFICERS
24. Training courses for licenses and ratings for aircraft maintenance engineers, air traffic controllers and flight operation officers
The Authority may approve the following courses of instruction to an applicant for, or holder of an approved training organisation certificate, provided the applicant meets the requirements of the Civil Aviation (Personnel Licensing) Regulations—(a)aircraft maintenance engineers basic course;(b)airframe rating, powerplant rating, avionics rating course;(c)air traffic controller licence course;(d)training for ratings for air traffic controller licences;(e)flight operation officer course;(f)flight radio telephony operator course;(g)cabin crewmember course;(h)any other such course as the Authority may approve.25. Personnel
(1)An approved training organisation must have the following required adequate number of qualified, competent management personnel—(a)an accountable manager;(d)a chief instructor; and(e)an adequate number of instructors relevant to the courses provided, qualified in accordance with the requirements of the Civil Aviation (Personnel Licensing) Regulations.(2)A person serving in a required management position in an approved training organisation shall not serve in a management position in another approved training organisation unless approved by the Authority.(3)An approved training organisation shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities of the training program established by the training organization and shall include training in knowledge and skills related to human performance.(4)The personnel specified in this regulation shall submit their credentials to the Authority and shall show that they have relevant qualifications and satisfactory experience related to approved training as appropriate in accordance with the Third Schedule to these Regulations.26. Training Program and approval
(1)An applicant for, or a holder of an approved training organisation certificate shall—(a)apply to the Authority for an approval of a training program;(b)ensure that each training program submitted to the Authority for approval meets the applicable requirements;(c)indicate in the application—(i)courses which are part of the program; and(ii)requirements ofthe Civil Aviation (Personnel Licensing) Regulations which may be satisfied.(2)Where the Authority finds that the approved training programme does not meet the applicable requirements, it shall require the holder to make revision in the training programme.(3)Approved training for air traffic controllers shall be conducted within an approved training organization.27. Training facilities, equipment and material for aircraft maintenance engineer courses
(1)An applicant for, or a holder of an approved training organization certificate that intends to conduct or conducts aircraft maintenance engineer courses shall have suitable facilities, as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows—(a)an enclosed adequately equipped classroom;(b)a well equipped library;(c)workshops, equipment, tools, adequate supply of materials, special tools and similar articles for the rating sought;(d)adequate office facilities; and(e)secure storage facilities for examination papers and training records.(2)An applicant for, or holder of an approved training organisation certificate with approved licenced maintenance engineer courses shall have and maintain the adequate instructional equipment as is appropriate to the rating sought.(3)A holder of an approved training organisation certificate shall not make any change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance.(4)An applicant for, or holder of, an approved training organisation certificate to conduct aircraft maintenance engineer courses shall ensure that the tools, equipment, materials, and instructional equipment required by paragraph (1) and (2) be in satisfactory working condition for instructional and practice purposes.28. Training facilities, equipment and material for air traffic controllers or flight radio telephony operator
(1)An applicant for, or holder of, an approved training organization certificate to train air traffic controllers or flight radio telephony operators shall have facilities as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows—(a)an enclosed adequately equipped classroom;(b)well equipped library;(c)well designed simulators appropriate for the rating sought;(d)adequate office accommodation for instructors;(e)control desk or console where applicable;(f)international Civil Aviation Organisation approved syllabus for rating being sought; and(g)secure storage facilities for examination papers and training records.(2)An applicant for, or a holder of, an approved training organisation certificate with air traffic control or flight radio telephony operator courses shall maintain instructional equipment as is appropriate to the rating sought.(3)A holder of an approved training organisation certificate to train airtraffic controllers or flight radio telephony operators shall not make any change in facilities, equipment, simulators or materials that have been approved for a particular training unless that change is approved by the Authority in advance.(4)An applicant for, or holder of, an approved training organisation certificate to train air traffic controllers or flight radio telephony operators shall ensure that the equipment, materials, and simulators required by paragraph (1) and (2) be in satisfactory working condition for instructional and practice purposes.29. Training facilities, equipment and material for flight operations officers or cabin crew members
(1)An applicant for, or holder of an approved training organization certificate to train flight operations officers or cabin crew members shall have facilities, as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time, as follows—(a)adequate enclosed classroom;(b)flight operations facilities, including—(ii)a flight planning room;(iii)an office for the instructors;(c)suitable demonstration equipment and cabin mock-ups;(d)suitable radio telephony training and testing facility (for flight operations officer training only);(f)secure storage facilities for examination papers and training records.(2)An applicant for, or a holder of an approved training organisation certificate for flight operations officers or cabin crew members courses shall have and maintain instructional equipment appropriate for the training sought.(3)A holder of an approved training organisation certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance.(4)An applicant for, or holder of, an approved training organisation certificate to train flight operations officers or cabin crew members shall ensure that the equipment and materials, required by paragraph (1) and (2) be in satisfactory working condition for instructional and practice purposes.30. Advertising limitations
(1)An approved training organization shall not—(a)conduct or advertise to conduct any training, testing, or checking that is not approved by the Authority if that training is designed to satisfy any requirement of these Regulations;(b)make any statement relating to its approved training organisation certification and training specifications that is false or designed to mislead any person contemplating enrolment in that approved training organisaiton; or(c)advertise that the approved training organisation is certified unless it clearly differentiates between courses that have been approved under these Regulations and those that have not been approved under these Regulations.(2)An approved training organisation whose certificate has been surrendered, suspended, revoked, or terminated shall promptly—(a)remove all indications, including signs, wherever located, that the approved training organisation was certified by the Authority; and(b)notify all advertising agents, and advertising media employed by the approved training organisation to cease all advertising indicating that the ATO is certified by the Authority.Part V – EXEMPTIONS
31. Requirements for application
(1)A person may apply to the Authority for an exemption from any of the provisions of these Regulations.(2)An application for an exemption shall be submitted to the Authority at least sixty days in advance of the proposed effective date, to obtain timely review.(3)A request for an exemption must contain the applicant's—(b)physical address and mailing address;(d)fax number if available; and(e)email address if available.(4)The application shall be accompanied by a fee prescribed by them Authority.32. Substance of the request for exemption
(1)An application for an exemption shall contain the following—(a)a citation of the specific requirement from which the applicant seeks exemption;(b)an explanation of why the exemption is needed;(c)a description of the type of operations to be conducted under the proposed exemption;(d)the proposed duration of the exemption;(e)an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole;(f)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;(g)a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and(h)if the applicant seeks to operate under the proposed exemption outside of Kenya's airspace, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization as well as the Regulations pertaining to the airspace in which the operation will occur.(2)Where the applicant seeks expedient processing of the application, the application must contain supporting facts and reasons that the application was not filed in time, and the reasons why it should be processed expeditiously.(3)The Authority may deny an application for exemption from the application of any of the provisions of these Regulations if the Authority finds that the applicant has not given sufficient reasons for the exemption within the period specified in regulation 31(2).33. Review by the Authority
(1)The Authority shall review the application for accuracy and compliance with the requirements of regulations 31 and 32.(2)If the application appears on its face to satisfy the provisions of thisregulation and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application in the Government Gazette for comment and specify the date by which comments must be received by the Authority for consideration.(3)Where the filing requirements of Regulations 31 and 32 have not been met, the Authority will notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with these Regulations.(4)If the request is for emergency relief, the Authority shall publish the application or the Authority's decision as soon as possible after processing the application.34. Evaluation of the request
(1)Upon the initial review and if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to determine whether—(a)an exemption would be in the public interest;(b)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;(c)a grant of the exemption would contravene the applicable International Civil Aviation Organisation Standards and Recommended Practices; and(d)the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.(2)The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request.(3)The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.(4)If the exemption affects a significant population of the aviation community of Kenya the Authority shall publish the summary in the aeronautical information circular.Part VI – GENERAL PROVISIONS
35. Possession of the licence
(1)A holder of a licence, certificate or authorisation issued by the Authority shall have that licence, certificate or authorisation in his physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.(2)A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or authorisation and have that licence, certificate or authorisation in his physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.36. Drug and alcohol testing and reporting
(1)A person who performs any function requiring the Authority's approval may be tested for drug or alcohol usage.(2)Where the Authority or any person authorised by the Authority wishes to test a person referred to in sub regulation (1) for the percentage by weight of alcohol in the blood, or for the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body and that person—(a)refuses to submit to the test; or(b)having submitted to the test, refuses to authorise the release of the test results, the Authority may suspend or revoke the certificate of the approved training organisation that employs that person.(3)In determining whether to suspend or revoke the certificate of an approved training organisation, the Authority shall consider all relevant factors, including—(a)whether the approved training organisation had knowledge of the drug or alcohol use;(b)whether the approved training organisaitonencouraged the person to refuse the drug or alcohol test;(c)whether the approved training organisation dismissed the person who failed or refused the drug tests; or(d)the position that person held in the approved training organisation.(4)The Authority shall require an approved training organisation to show cause why that person should not be dismissed from the employment of the approved training organisation.(5)A person who is convicted, whether in or outside Kenya, for any offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall be dismissed from the employment of an approved training organisation.(6)The Authority may suspend or revoke the certificate of anapproved training organisation that refuses to dismiss from its employment a person convicted under sub regulation (4).37. Inspection of certificate and authorisations
A person who holds a certificate, approval, or authorisation required by these Regulations shall present it for inspection upon a request from the Authority or any other person authorised by the Authority.38. Change of name
(1)A holder of a certificateor authorisation issued under these Regulations may apply to change the name on a certificate or authorisation.(2)The holder of a certificate shall include with any such request—(a)the current certificate or authorisation; and(b)a court order, or other legal document verifying the namechange.(3)The Authority may change the certificate or authorisation and issue a replacement thereof.(4)The Authority reserves the right to refuse the change of name.(5)The Authority shall return to the holder the original documents specified in subregulation 2(b) and retain copies thereof and return the replaced certificate or authorisation with the appropriate endorsement.39. Change of address
(1)A holder of a certificate or authorisation issued under these Regulations shall notify the Authority of the change in the physical and mailing address and shall do so in the case of—(a)physical address, at least fourteen days in advance;(b)mailing address upon the change.(2)A person who fails to notify the Authority of the change of physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate or authorisation.40. Replacement of documents
A person may apply to the Authority in the prescribed form and after paying a prescribed fee for replacement of documents issued under these Regulations if such documents are lost or destroyed.41. Certificate suspension and revocation
(1)The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, licence, approval, exemption, authorisation or such other document issued, granted or having effect under these Regulations.(2)The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any certificate, licence, approval, exemption or such other document issued or granted under these Regulations.(3)The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying.(4)A holder or any person having the possession or custody of any certificate, approval, exemption or such other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation.(5)The breach of any condition subject to which any certificate, approval, exemption or any other document, has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.42. Use and retention of certificates and records
(1)A person shall not—(a)use any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations which has been forged, altered, revoked, or suspended, or to which he is not entitled; or(b)forge or alter any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations; or(c)lend any certificate, licence, approval, exemption or such other document issued or required by or under these Regulations to such other person; or(d)make any false representation for the purpose of procuring for himself or any other person the grant issue renewal or variation of any such certificate, approval, or exemption or such other document.(2)During the period for which it is required under these Regulations tobe preserved, 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 wilfully omit to make a material entry in such record.(3)All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.(4)A person shall not purport to issue any certificate, licence, approval, exemption or authorisation for the purpose of these Regulations unless he is competent, qualified and authorised to do so under these Regulations.(5)A person shall not issue any certificate of the kind referred to in subregulation (4) unless he has satisfied himself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.43. Record keeping
(1)A holder of an approved training organization certificate shall have a system to maintainand retain the following records for a minimum period of ten years from the date of completion of training—(a)details of training given to individual students;(b)detailed and regular progress reports from instructors including assessments, and regular progress tests and examinations;(c)trainee information, including, names, course, certificates held, expiry dates of medical certificates and if applicable, ratings.(2)An approved training organisation shall maintain a system for recording the qualifications and training of instructional and examining staff, where appropriate.(3)Records of qualifications and training of instructors and examiners shall be retained for a minimum period of ten years after the instructor or examiner ceases to perform a function for the training organization.(4)An approved training organisation shall submit training records andreport as required by the Authority.(5)The format of the student training records shall be specified in the training manual.44. Reports of violation
(1)Any person who knows of a violation of the Act, or any rule regulation, or order issued there under, shall report it to the Authority.(2)The Authority will determine the nature and type of any additional investigation or enforcement action that need be taken.45. Enforcement of directions
A 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.46. Aeronautical user fees
(1)The Authority may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder.(2)Upon an application being made in connection with which any feeis chargeable in accordance with the subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable.(3)If, after payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.47. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations—(a)in so far as they apply, whether by express reference or otherwise, to aircraft registered in Kenya, shall apply to such aircraft wherever they may be;(b)in so far as they apply, whether by express reference or otherwise, to other aircraft, shall apply to such aircraft when they are within Kenya;(c)in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything by any person in, or by any of the crew of, any aircraft registered in Kenya, shall apply to such persons and crew, wherever they may be; and(d)in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Kenya by other persons shall, where such persons are citizens of Kenya, apply to them wherever they may be.Part VII – OFFENCES AND PENALTIES
48. Contravention of Regulations
A person who contravenes any provision of these Regulations may have his certificate, licence, approval, authorisation, exemption or such other document revoked or suspended.49. Penalties
(1)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder in relation to an aircraft, the operator of that aircraft and the pilot-in-command, if the operator or, the pilot in command is not the person who contravened that provision he shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this Regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.(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 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.(3)Where a person is charged with contravening a provision of these Regulations orders, notices or proclamations made there under by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.(4)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in subregulation (11) shall, upon conviction, be liable to a fine provided for under this regulation, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.(5)A person who contravenes any provision of these Regulations, orders, notices or proclamations made thereunder not being a provision referred to in subregulation (11) shall, upon conviction, be liable to a fine provided for under this regulation, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.(6)Any aircraft subject to alien for the purpose of subregulation (7) may be seized by and placed in the custody of the Authority.(7)The aircraft shall be released from custody of the Authority upon—(a)payment of the penalty or the amount agreed upon in compromise;(b)deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; and(c)receiving an order of the court to that effect.(8)A person who contravenes any provision specified as an "A" provision in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence and or to imprisonment for a term not exceeding one year or to both.(9)The Authority or any person specifically authorised by name, by the Authority or any police officer not below the rank of inspector specifically authorised by name by the Cabinet Secretary, may compound offences under Part A of the Schedule to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the Authority a sum not exceeding one (1) million for provisions referred to in sub-part (i) and sub-part (ii) respectively in Part A of the Fourth Schedule to these Regulations.(10)A person who contravenes any provision specified as a "B" provision in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and or to imprisonment for a term not exceeding three years or to both.(12)A person who contravenes any provision of these Regulations not being a provision referred to in the Fourth Schedule to these Regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a second or subsequent conviction for the like offence to a fine not exceeding four million shillings.Part VIII – REVOCATION
50. Revocation. L.N. 77/2013
The Civil Aviation (Approved Training Organisations) Regulations, 2013 are revoked.51. Transition
(1)A license, certificate, approval or any other document issued to a person or operator prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires, varied or cancelled by the Authority.(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 (1) year from the date of commencement, or within such longer time that 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.