Civil Aviation (Safety Management) Regulations, 2018
2. Interpretation
2. Interpretation
In these Regulations, unless the context otherwise requires—"accident" means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft 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—(i)being in the aircraft;(ii)direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or(iii)direct exposure to jet blast,except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or(b)the aircraft sustains damage or structural failure which—(i)adversely affects the structural strength, performance or flight characteristics of the aircraft; and(ii)which would normally require major repair or replacement of the affected component,except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or(c)the aircraft is missing or is completely inaccessible."Act" means the Civil Aviation Act (Cap. 394);"aeroplane" plane" 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;"Authority" means the Kenya Civil Aviation Authority established by section 4 of the Act;"general aviation operation" means an aircraft operation other than a commercial air transport operation or an aerial work operation;"hazard" means a condition or an object with the potential to cause or contribute to an aircraft incident or accident;"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;"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;"industry codes of practice" means Guidance material developed by an industry body, for a particular sector of the aviation industry to comply with the requirements of the International Civil Aviation Organization's Standards and Recommended Practices, other aviation safety requirements and the best practices deemed appropriate;"large aeroplane" means an aeroplane of a maximum certificated take-off mass of over 5 700 kg;"operational personnel" means personnel involved in aviation activities who are in a position to report safety information;"safety" means the state in which risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level;"safety data" means a defined set of facts or set of safety values collected from various aviation-related sources, which is used to maintain or improve safety;"safety information" means safety data processed, organized or analyzed in a given context so as to make it useful for safety management purposes;"Safety Management System (SMS)" means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;"safety oversight" means a function performed by the Authority to ensure that individuals and organizations performing an aviation activity comply with safety-related national laws and regulations."safety performance" means a State or a service provider's safety achievement as defined by its safety performance targets and safety performance indicators;"safety performance indicator" means a data-based parameter used for monitoring and assessing safety performance;"safety performance target" means the State or service provider's planned or intended target for a safety performance indicator over a given period that aligns with the safety objectives;"safety risk" means the predicted probability and severity of the consequences or outcomes of a hazard;"serious injury" means an injury which is sustained by a person in an accident and which—(a)requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received;(b)results in a fracture of any bone (except simple fractures of fingers, toes or nose);(c)involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;(d)involves injury to any internal organ;(e)involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or(f)involves verified exposure to infectious substances or injurious radiation;"State of Design" means the State having jurisdiction over the organization responsible for the type design;"State of Manufacture" means the State having jurisdiction over the organization responsible for the final assembly of the aircraft;"State of Registry" means the State on whose register the aircraft is entered;"State of the Operator" means the State in which the operator's principal place of business is located or, if there is no such place of business, the operator's permanent residence;"State Safety Programme (SSP)" means an integrated set of regulations and activities aimed at improving safety."Surveillance" means the State activities through which the Authority proactively verifies through inspections and audits that aviation license, certificate, authorization or approval holders continue to meet the established requirements and function at the level of competency and safety required by the State.Source: Kenya Law