ADVOKS GLOBAL · KENYA
Civil Aviation (Operation of Aircraft-Helicopter) Regulations, 2018
2. Interpretation
Edition: 2018-05-11 · Repealed
2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Civil Aviation Act, 2013;"Aerial work" means an aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc:"Aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;"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;"Aircraft operating manual" means a manual, acceptable to the Authority, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft:"Air Operator Certificate (AOC)" means a certificate authorizing an operator to carry out specified commercial air transport operations:"Air Traffic Service (ATS)" is a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);"Airworthy" means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation:"Alternate heliport" means a heliport to which a helicopter may proceed when it becomes either impossible or inadvisable to proceed to or to land at the heliport of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use. Alternate heliports include the following—(a)"Take-off alternate" means an alternate heliport at which a helicopter would be able to land should this become necessary shortly after take-off and it is not possible to use the heliport of departure;(b)En-route alternate. An alternate heliport at which a helicopter would be able to land in the event that a diversion becomes necessary while en route;(c)Destination alternate. An alternate heliport at which a helicopter would be able to land should it become either impossible or inadvisable to land at the heliport of intended landing;"Approach and landing phase - helicopters" means that part of the flight from 300m (1000 ft) above the elevation of the FATO, if the flight is planned to exceed this height, or from the commencement of the descent in the other cases, to landing or to the balked landing point;"Area Navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground- or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;"Cabin crew member" means crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member;"Certificate of release to service" means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organization's procedures manual or under an equivalent system;"Combined Vision System (CVS)" means a system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS);"Commercial air transport operation" means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;"Configuration Deviation List (CDL)" means a list established by the organization responsible for the type design with the approval of the State of Design which identifies any external parts of an aircraft type which may be missing at the commencement of a flight, and which contains, where necessary, any information on associated operating limitations and performance correction;"Congested area" means in relation to a city, town or settlement, any area which is substantially used for residential, commercial or recreational purposes;"Congested hostile environment" means a hostile environment within a congested area;"Continuing airworthiness" means the set of processes by which an aircraft, engine, rotor or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;"Continuous Descent Final Approach (CDFA)" means a technique, consistent with stabilized approach procedures, for flying the final approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude or height at or above the final approach fix altitude or height to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre should begin for the type of aircraft flown;"Contracting State" means all States that are parties to the Convention on International Civil Aviation (Chicago Convention);"Crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;"Dangerous goods" means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those instructions;"Decision Altitude (DA) or Decision Height (DH)" means a specified altitude or height in a three-dimensional (3D) instrument approach operation at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;"Defined Point After Take-Off (DPATO)" means the point, within the take-off and initial climb phase, before which the helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;"Defined Point Before Landing (DPBL)" means the point, within the approach and landing phase, after which the helicopter's ability to continue the flight safely, with one engine inoperative, is not assured and a forced landing may be required;"Electronic Flight Bag (EFB)" means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;"Elevated heliport" means a heliport located on a raised structure on land;"Emergency Locator Transmitter (ELT)" means a generic term describing equipment which broadcast distinctive signals on designated frequencies and, depending on application, may be activated automatically on impact or be manually and an ELT may be any of the following—(a)Automatic Fixed ELT (ELT(AF)). An automatically activated ELT which is permanently attached to an aircraft;(b)Automatic Portable ELT (ELT(AP)). An automatically activated ELT which is rigidly attached to an aircraft but readily removable from the aircraft;(c)Automatic Deployable ELT (ELT(AD)). An ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided;(d)Survival ELT (ELT(S)). An ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors;"Engine" means a unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable);"Enhanced Vision System (EVS)" means a system to display electronic real-time images of the external scene achieved through the use of image sensors;"en-route phase" means that part of the flight from the end of the take-off and initial climb phase to the commencement of the approach and landing phase;Note: Where adequate obstacle clearance cannot be guaranteed visually, flights must be planned to ensure that obstacles can be cleared by an appropriate margin. In the event of failure of the critical engine, operators may need to adopt alternative procedures;"Final Approach and Take-Off area (FATO)" means a defined area over which the final phase of the approach manoeuvre to hover or landing is completed and from which the take-off manoeuvre is commenced and where the FATO is to be used by helicopters operating in performance Class 1, the defined area includes the rejected take-off area available;"Final Approach Segment (FAS)" means that segment of an instrument approach procedure in which alignment and descent for landing are accomplished;"Flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;"Flight duty period" means the total time from the moment a flight crew member commences duty, immediately subsequent to a rest period and prior to making a flight or a series of flights, to the moment the flight crew member is relieved of all duties having completed such flight or series of flights;"Flight manual" means a manual, associated with the certificate of airworthiness, containing limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;"Flight operations officer/flight dispatcher" means a person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, suitably qualified in accordance with the Civil Aviation (Personnel) Licensing Regulations, who supports, briefs or assists the pilot-in-command in the safe conduct of the flight;"Flight plan" means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;"Flight recorder" means any type of recorder installed in the aircraft for the purpose of complementing accident or incident investigation;"Flight safety documents system" means a set of interrelated documentation established by the operator, compiling and organizing information necessary for flight and ground operations, and comprising, as a minimum, the operations manual and the operator's maintenance control manual;"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 flight deck 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 flight deck 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;(c)A basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions"Flight time - helicopters" means the total time from the moment a helicopter's rotor blades start turning until the moment the helicopter finally comes to rest at the end of the flight, and the rotor blades are stopped;"General aviation operation" means an aircraft operation other than a commercial air transport operation or an aerial work operation;"Ground handling" means services necessary for an aircraft's arrival at, and departure from, an airport, other than air traffic services;"Head-Up Display (HUD)" means a display system that presents flight information into the pilot's forward external field of view;"Helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes;"Helideck" means a heliport located on a floating or fixed offshore structure;"Heliport" means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters;"Heliport operating minima" means the limits of usability of a heliport for—(a)take-off, expressed in terms of runway visual range or visibility and, if necessary, cloud conditions;(b)landing in 2D instrument approach operations, expressed in terms of visibility or runway visual range, Minimum Descent Altitude/Height (MDA/H) and, if necessary, cloud conditions; and(c)landing in 3D instrument approach operations, expressed in terms of visibility or runway visual range and Decision Altitude/Height (DA/H) as appropriate to the type or category of the operation;"Hostile environment" means an environment in which—(a)a safe forced landing cannot be accomplished because the surface and surrounding environment are inadequate;(b)the helicopter occupants cannot be adequately protected from the elements;(c)search and rescue response or capability is not provided consistent with anticipated exposure; or(d)there is an unacceptable risk of endangering persons or property on the ground;"Human Factors principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;"Human Performance" means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;"instrument approach operations" means an approach and landing using instruments for navigation guidance based on an instrument approach procedure. There are two methods for executing instrument approach operations—(a)a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and(b)a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;"Instrument Approach Procedure (lAP)" means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows—(a)Non-Precision Approach (NPA) procedure An instrument approach procedure designed for 2D instrument approach operations Type A;(b)Approach Procedure with Vertical guidance (APV). A Performance -Based Navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A;(c)Precision Approach (PA) procedure. An instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS CAT I) designed for 3D instrument approach operations Type A or B;"Instrument Meteorological Conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;"Integrated survival suit" means a survival suit which meets the combined requirements of the survival suit and life jacket;"Landing Decision Point (LDP)" means the point used in determining landing performance from which, an engine failure occurring at this point, the landing may be safely continued or a balked landing initiated;"maintenance" means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;"Maintenance organization's procedures manual" means a document endorsed by the head of the maintenance organization which details the maintenance organization's structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems;"Maintenance programme" means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;"Master Minimum Equipment List (MMEL)' means a list established for a particular aircraft type by the organization responsible for the type design with the approval of the State of Design containing items, one or more of which is permitted to be unserviceable at the commencement of a flight. The MMEL may be associated with special operating conditions, limitations or procedures;"Maximum mass" means maximum certificated take-off mass;"Minimum Descent Altitude (MDA) or minimum descent height (MDH)" means a specified altitude or height in a 2D instrument approach operation or circling approach operation below which descent must not be made without the required visual reference;"Minimum Equipment List (MEL)" means a list which provides for the operation of aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for the aircraft type;"Navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace. There are two kinds of navigation specifications—(a)"Required Navigation Performance (RNP) specification" means a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, e.g. RNP 4, RNP APCH;(b)"Area navigation (RNAV) specification" means a navigation specification based on area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, e.g. RNAV 5, RNAV 1;"night" means the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunrise and sunset being determined at surface level, and includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of 4,572 metres;"Non-congested hostile environment" means a hostile environment outside a congested area;"Non-hostile environment" means an environment in which—(a)a safe forced landing can be accomplished because the surface and surrounding environment are adequate;(b)the helicopter occupants can be adequately protected from the elements;(a)search and rescue response or capability is provided consistent with anticipated exposure; and(b)the assessed risk of endangering persons or property on the ground is acceptable;"Obstacle Clearance Altitude (OCA) or Obstacle Clearance Height (OCH)" means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;"Offshore operations" means operations which routinely have a substantial proportion of the flight conducted over sea areas to or from offshore locations. Such operations include, but are not limited to, support of offshore oil, gas and mineral exploitation and sea-pilot transfer;"Operation" means an activity or group of activities which are subject to the same or similar hazards and which require a set of equipment to be specified, or the achievement and maintenance of a set of pilot competencies, to eliminate or mitigate the risk of such hazards;"Operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight;"Operational flight plan" means the operator's plan for the safe conduct of the flight based on considerations of helicopter performance, other operating limitations and relevant expected conditions on the route to be followed and at the heliports concerned;"Operations in performance Class 1" means operations with performance such that, in the event of a critical engine failure, performance is available to enable the helicopter to safely continue the flight to an appropriate landing area, unless the failure occurs prior to reaching the Take-off Decision Point (TDP) or after passing the Landing Decision Point (LDP), in which cases the helicopter must be able to land within the rejected take-off or landing area;"Operations in performance Class 2" means operations with performance such that, in the event of critical engine failure, performance is available to enable the helicopter to safely continue the flight to an appropriate landing area, except when the failure occurs early during the take-off manoeuvre or late in the landing manoeuvre, in which cases a forced landing may be required;"Operations in performance Class 3" means operations with performance such that, in the event of an engine failure at any time during the flight, a forced landing will be required;"Operations manual" means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;"Operations specifications" means the authorizations, conditions and limitations associated with the air operator certificate and subject to the conditions in the operations manual;"Operator" means the person, organization or enterprise engaged in or offering to engage in an aircraft operation;"Operator's maintenance control manual" means a document which describes the operator's procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator's aircraft on time and in a controlled and satisfactory manner;"Performance-Based Communication (PBC)" means communication based on performance specifications applied to the provision of air traffic services;"Performance-Based Navigation (PBN)" means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;"Performance-Based Surveillance (PBS)" means surveillance based on performance specifications applied to the provision of air traffic services;"Pilot-in-command" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;"Point of no return" means the last possible geographic point at which an aircraft can proceed to the destination aerodrome as well as to an available en-route alternate aerodrome for a given flight;"prescribed" means prescribed by the Authority;"Psychoactive substances" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;"repair" means the restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear;"Required Communication Performance (RCP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based communication;"Required Surveillance Performance (RSP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based surveillance;"Runway Visual Range (RVR)" means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;"Safe forced landing" means unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;"Safety Management System (SMS)" means a systematic approach to managing safety, including the necessary organizational structures, accountability, responsibilities, policies and procedures;"Series of flights" means series of flights or consecutive flights that—(a)begin and end within a period of 24 hours; and(b)are all conducted by the same pilot-in-command;"State of Registry" means the State on whose register the aircraft is entered;"State of the Aerodrome" means the State in whose territory the aerodrome is located;"Synthetic Vision System (SVS)" means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck;"Take-off and initial climb phase" means that part of the flight from the start of take-off to 300 m (1 000 ft) above the elevation of the FATO, if the flight is planned to exceed this height, or to the end of the climb in the other cases;"Take-off Decision Point (TDP)" means the point used in determining take-off performance from which, an engine failure occurring at this point, either a rejected take-off may be made or a take-off safely continued;"Tribunal" means the National Civil Aviation Administrative Review Tribunal established under section 66 of the Act;"Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima; and"Vertical Take-off Safety Speed (VTOSS)" means the minimum speed at which climb shall be achieved with the critical engine inoperative, the remaining engines operating within approved operating limits.