Kenyan legislation

The Civil Aviation (Aerial Work-General Operations) Regulations, 2025

Edition: 2026-03-25 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Civil Aviation (Aerial Work – General Operations) Regulations, 2025.

2. Interpretation

In these Regulations, unless the context otherwise requires—“acceptable” means the Authority has reviewed the method, procedure or policy and has neither objected to nor approved its proposed use or implementation;“aerobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed not necessary for normal flight;“aerial survey” means a method of collecting geomatics or other imagery by using airplanes, helicopters, UAVs, balloons or other aerial methods;“aerial work” means an aircraft operation in which an aircraft is used for specialised services including, but not limited to, agriculture, construction, photography, surveying, observation and patrol, search and rescue, and aerial advertisement;“aerodrome” means a defined area on land or water (including any buildings, installations and equipment) used or intended to be used either wholly or in part for the arrival, departure and surface movement of an aircraft;“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;“air traffic control” means a service that promotes the safe, orderly, and expeditious flow of air traffic at aerodromes and during the approach, departure, and en route environments;“appliance” means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, power plant, or propeller;“article” means any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part;“air traffic control facility” means a building holding the persons and equipment responsible for providing air traffic control services and includes airport tower, approach control, area control;“Authority” means the Kenya Civil Aviation Authority;“authorization” entitles an Operator, owner or Pilot-in-command to undertake the authorised operations. Authorizations can take the form of specific approvals, Approvals or acceptances;“banner” means an advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft;“critical engine” means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;“drop zone” means any pre-determined area upon which parachutists or objects land after making an intentional parachute jump or drop;“drug trafficking” means carriage by an aircraft of narcotic drugs, marijuana and other depressant or stimulant drugs or substances;“exhibition of flying” means any flying activity deliberately performed for the purpose of providing an exhibition or entertainment at an advertisement open to the public;“facility” means a physical plant, including land, buildings, and equipment, which provides the means for the performance of maintenance, preventive maintenance, or modifications of any article;“flight crewmember” means a licensed crewmember charged with duties essential to the operation of an aircraft during flight time;“flight time” means the total time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight;“flight training” means training, other than ground training, received from an authorised instructor in flight in an aircraft;“freefall” means the portion of a parachute jump or drop between aircraft exit and parachute deployment in which the parachute is activated manually by the parachutist at the parachutist's discretion or automatically, or, in the case of an object, is activated automatically;“glider” means a non-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;“inspection” means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority;“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 axis;“main parachute” means a parachute worn as the primary parachute used or intended to be used in conjunction with a reserve parachute;“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;“operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;“parachute drop” means the descent of an object to the surface from an aircraft in flight when a parachute is used or intended to be used during all or part of that descent;“parachute jump” means a parachute operation that involves the descent of one or more persons to the surface from an aircraft in flight when an aircraft is used or intended to be used during all or part of that descent;“parachute operation” means the performance of all activity for the purpose of, or in support of, a parachute jump or a parachute drop, the parachute operation can involve, but is not limited to, the following persons-parachutist, parachutist in command and passenger in tandem parachute operations, drop zone or owner or operator, jump master, certificated parachute rigger, or pilot;“parachute rigger” means a person who is authorised to pack, maintain or alter any parachute in conformity with manufacturer’s instructions;“parachutist” means a person who intends to exit an aircraft while in flight using a single-harness, dual parachute system to descend to the surface;“passenger parachutist” means a person who boards an aircraft, acting as other than the parachutist in command of a tandem parachute operation, with the intent of exiting the aircraft while in-flight using the forward harness of a dual harness tandem parachute system to descend to the surface;“pilot-in-command” means the pilot responsible for the operation and safety of the aircraft during flight time;“power plant” means an engine that is used or intended to be used for propelling aircraft including turbo superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers;“propeller” means a device for propelling an aircraft that has blades on a power plant driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation and includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of power plants;“rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors;“rotorcraft load combinations” means configurations for external- loads carried by rotorcraft—(a)Class A – external-load fixed to the rotorcraft, cannot be jettisoned, and does not extend below the landing gear, used to transport cargo;(b)Class B – external-load suspended from the rotorcraft, which can be jettisoned, and is transported free of land or water during rotorcraft operations;(c)Class C – external-load suspended from the rotorcraft, which can be jettisoned, but remains in contact with land or water during rotorcraft operation;(d)Class D – external-load suspended from the rotorcraft for the carriage of persons;“special certificate of airworthiness” means a certificate issued to an aircraft which does not qualify for an issue of a standard certificate of airworthiness;“standard” means an object, artefact, tool, test equipment, system, or experiment that stores, embodies, or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity. It also includes a document describing the operations and processes that shall be performed in order for a particular end to be achieved;“standard certificate of airworthiness” means a certificate of airworthiness issued by the Authority on the basis of satisfactory evidence that the aircraft complies with the design aspects of the appropriate airworthiness requirements;“State of Design” means the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aircraft component or appliance;“substance” means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens, opioids, cannabis, inhalants, central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetic, phencyclidine or similarly acting arylcyclohexylamines, and other psychoactive drugs and chemicals;“tandem parachute operation” means a parachute operation in which more than one person simultaneously uses the same tandem parachute system while descending to the surface from an aircraft in flight;“tandem parachute system” means the combination of a main parachute, approved reserve parachute, and approved harness and dual parachute container, and a separate approved forward harness for a passenger parachutist which parachute system shall have an operational automatic activation device installed; and“training programme” means a programme that consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective which shall include a core curriculum and a specialty curriculum.

3. Application

These Regulations shall apply to all persons carrying out the following aerial works operations other than Agricultural Air Works—

(a)aerial transport and load operations—

(i)rotorcraft external-load operations: Transporting and delivering external loads using helicopters;

(ii)glider towing: launching gliders by towing them to a suitable altitude;

(iii)banner towing: towing advertising banners

(b)aerial advertising—

(i)banner towing: displaying advertisements via towed banners;

(ii)skywriting and other advertising operations: creating messages in the sky using aircraft for promotional purposes;

(c)aerial observation and surveillance—

(i)aerial patrol/observation/surveys: monitoring and inspecting critical infrastructure, environmental monitoring, and general observation tasks;

(ii)police aircraft operations: law enforcement surveillance, reconnaissance, and emergency response;

(d)aerial photography and filming—

(i)aerial photography/sightseeing: capturing high-resolution images and videos for media production, real estate, and industrial documentation includes sightseeing tours;

(e)agricultural and environmental services—

(i)crop dusting and spraying: applying pesticides, herbicides, and fertilizers;

(ii)cloud seeding: weather modification to induce precipitation;

(iii)game and livestock management: herding, counting, culling, and monitoring wildlife and livestock;

(f)Search and Rescue (SAR)—

(i)emergency response: locating and rescuing individuals in distress, including coordination during natural disasters and accidents;

(g)aerial construction and maintenance—

(i)infrastructure building: assisting in construction projects in remote or difficult-to-access areas;

(ii)technical maintenance: inspections and maintenance of power lines, pipelines, and other infrastructure;

(h)Recreational and Special Operations—

(i)parachute jumping/tag operations: supporting recreational and training parachuting activities, including equipment drops;

(ii)maritime funeral operations: conducting at-sea burials using aircraft;

(i)Scientific and Surveying Services—

(i)geomatics and imagery collection: collecting spatial data and imagery for mapping, land surveying, and urban planning;

(ii)environmental surveys: gathering data for conservation and resource management.

Part II – AERIAL WORK OPERATIONS

4. Aerial work operations authorization

(1)A person shall not undertake aerial works operation under these Regulations unless that person has an Aerial Work Operations Authorization.

(2)The Authorization under subregulation (1) shall be in a format specified by the Authority.

5. Application for aerial work operations authorization

An operator applying to the Authority for an aerial work operations authorization shall submit an application—

(a)in the specified form and paying the prescribed fees;

(b)containing any other information the Authority requires the applicant to submit.

6. Issuance of aerial work operations authorization

(1)The Authority may issue Aerial Work Operations Authorization to an applicant if that applicant—

(a)meets the applicable requirements of the authorization;

(b)is properly qualified and adequately staffed and equipped to conduct safe operations in aerial work operations and maintenance of the aircraft;

(c)meets specified security requirements in accordance with the Civil Aviation (Security) Regulations, and meets any other requirements as specified by the Authority.

(2)The Authority may reject an application for Aerial Work Operations Authorization if—

(a)the applicant does not meet the requirements specified in subregulation (1);

(b)the applicant previously held aerial work operations authorization which was revoked;

(c)the applicant is not suitable by reason of previous conduct and experience to properly maintain an aerial work operations authorization; or

(d)an individual who has previously contributed to the circumstances that caused the revocation of aerial work operations authorization obtains a substantial ownership in the applicant organization or is employed in a position specified by these Regulations.

7. Validity of aerial work operation authorization

The validity of the authorization will be determined by the Authority upon meeting the specified requirements.

8. Management personnel

A person shall not conduct an aerial work operation unless that person has in place organization structure and management personnel that effectively manages the operator’s aerial work operations, taking into account the size, nature and complexity of the operations.

9. Access for inspection

A person conducting an operation in accordance with the provisions of this regulations shall give the inspectors from the Authority’s free and uninterrupted access to that person’s aircraft and allied facilities with regard to its operations in order for the inspectors to conduct any inspections or tests that the Authority considers necessary to determine compliance with these Regulations.

10. Flight rules

Minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air) Regulations do not apply to operations where different requirements and minimums are specifically authorised by the Authority under these Regulations.

11. Take-offs and landings

An Aerial work operator’s operations manual must include procedures to ensure the safety of persons in the vicinity of an aircraft when any of the following circumstances apply—

(a)a person is embarking or disembarking the aircraft;

(b)the aircraft is being loaded or unloaded;

(c)the aircraft is on the ground with its engine or engines running;

(d)the aircraft is landing or taking off at an aerodrome that is not a certified aerodrome.

12. Fuel and Oil requirements

(1)An aerial work operator’s operations manual shall include the following fuelling procedures to ensure that a flight is conducted in accordance this regulation—

(a)procedures to be considered when determining whether an aircraft has sufficient fuel to complete a flight safely;

(b)the amounts of fuel that must be carried on board an aircraft for a flight;

(c)procedures for monitoring amounts of fuel during a flight;

(d)procedures to be followed if fuel reaches specified amounts during a flight.

(2)A person shall not commence a flight unless the aircraft is carrying sufficient oil to complete the flight safely.

(3)A person shall not hot fuel an aircraft unless the procedures are established in the aircraft flight manual or the operations manual.

(4)The procedures mentioned in subregulation (3) shall include—

(a)hot fuelling of the aircraft;

(b)the circumstances in which the aircraft can be hot fuelled;

(c)emergency procedures to be following during hot fuelling;

(d)procedures to ensure a person involved in hot fuelling the aircraft is trained and competent to be involved in hot fuelling the aircraft.

(5)An operator’s operations manual shall include the following Fuelling Safety procedures—

(a)procedures to ensure the aircraft is fuelled safely;

(b)procedures relating to the safety of—

(i)any aerial work passengers; and

(ii)crew members other than air crew members, cabin crew members or flight crew members; who are embarking or disembarking, or on board, the aircraft during fuelling, including the procedures mentioned in subregulation (2);

(c)procedures to ensure that, before an engine of the aircraft is started, any effects of radio frequency emissions from those devices have been corrected where the operator permits a person to operate low risk electronic devices inside the cabin of the aircraft while the aircraft is being fuelled;

(6)For the purposes of subregulation (1)(b), the procedures shall include the normal, emergency and communication procedures to be followed by—

(a)any flight crew members;

(b)any cabin crew members;

(c)any of the operator’s personnel who carry out a ground support duty for a flight of the aircraft.

13. Carriage of passengers or cargo

(1)A holder of an Aerial Work Operation Authorizations shall not carry passengers or cargo for remuneration or hire unless the holder is certificated as per the Civil Aviation (Air Operator Certification and Administration) Regulations.

(2)When carrying passengers, a holder of an Aerial Work Operation Authorizations shall ensure they there are procedures in the operations manual in regards to carriage of passengers.

Part III – PARACHUTE-DROP AIRCRAFT OPERATIONS

14. Airworthiness – parachute-drop aircraft

A holder of an authorization to conduct a parachute-drop aircraft operation must ensure that each aircraft used to conduct a parachute-drop aircraft operation meets the following requirements—

(a)the aircraft used to perform the operation has a valid certificate of airworthiness certificate;

(b)the configuration of the aircraft is appropriate for the parachute drop operation;

(c)the aircraft has adequate interior room and satisfactory egress for each parachutist to be carried;

(d)the aircraft cabin has no handles or fittings which could cause the inadvertent opening of a parachute in the aircraft or during egress by any parachutist;

(e)suitable points on the aircraft are used for the attachment of static lines;

(f)the aircraft flight manual authorises flight with a door removed, or open, in flight.

15. Instruments and equipment – parachute-drop aircraft

A holder of an Authorisation conducting a parachute-drop aircraft operation must ensure that the parachute-drop aircraft is equipped with the applicable instruments and equipment as specified by the Authority.

16. Maintenance – parachute-drop aircraft

A holder of an Authorisation conducting a parachute-drop aircraft operation must ensure that each aircraft operated under the authority of the certificate to conduct a parachute-drop aircraft operation—

(a)has a Certificate of Airworthiness;

(b)is maintained in accordance with the maintenance programme.

17. Pilot-in-Command – parachute-drop aircraft

(1)A pilot-in-command of an aircraft performing a parachute-drop operation must ensure that—

(a)each person carried in the aircraft, other than a person intending to make a parachute descent—

(i)occupies a seat and fastens his or her safety belt during take-off and landing;

(ii)wears an emergency or reserve parachute assembly;

(iii)is trained in the use of the emergency or reserve parachute assembly;

(iv)is briefed on the general procedures to be followed in an aircraft emergency including the method to be used for exiting the aircraft

(b)each person carried in the aircraft who intends to make a parachute descent —

(i)is not in a position in the aircraft that could hazard the safety of the operation or the aircraft occupants through inadvertent interference with the controls;

(ii)is briefed on the general procedures to be followed in an aircraft emergency including the method to be used for exiting the aircraft

(2)A pilot-in-command of an aircraft performing a parachute-drop operation must not permit a person to make a parachute descent from the aircraft, unless—

(a)the person or persons making the descent have provided the pilot with the details of the proposed descent prior to take-off;

(b)the pilot is satisfied that each person’s descent is—

(i)authorised by a parachute organisation;

(ii)authorised by a holder of an Aerial Work Authorization issued by the Authority; and

(iii)approved by the Authority.

18. Pilot qualification and experience requirements – parachute-drop aircraft

A holder of an Authorisation conducting a parachute-drop aircraft operation must not assign a person to act as pilot-in-command of an aircraft to perform a parachute-drop aircraft operation unless the person—

(a)holds an appropriate and current commercial pilot licence issued by the Authority;

(b)a current parachute drop rating issued by the Authority;

(c)an aircraft type rating for the aircraft used for the operation;and

(d)has acquired at least 150 hours flight time experience as pilot-in command of the category of aircraft used for the parachute-drop aircraft operation.

Part IV – HANG GLIDER AND PARAGLIDER OPERATIONS

19. Airworthiness – hang glider and paraglider

(1)A holder of an Authorisation conducting an operation using a hang glider or a paraglider must ensure that—

(a)each hang glider used for an Aerial work operation meets one of the following certification standards—

(i)a DHV Gutesiegel (Type Testing Centre) certification standard;

(ii)a British Hang Glider and Paraglider Association certification standard; or

(iii)the United States Hang Glider Manufacturers Association-HGMA certification standard;

(b)each paraglider used for Aerial work operation meets one of the following certification standards—

(i)a CEN/AFNOR certification standard;

(ii)a DHV Gutesiegel (Type Testing Centre) certification standard;

(iii)an LTF certification standard;

(iv)a European Norm (EN) certification standard; or

(v)an equivalent certification standard that is acceptable to the Authority.

20. Instrument and equipment – hang glider and paraglider

A holder of an Authorisation conducting an operation using a hang glider or a paraglider must ensure that—

(a)each hang glider used for the operation is equipped with a means of accurately measuring airspeed;

(b)each hang glider or paraglider used for the operation is equipped with an emergency parachute that is fit for the purpose of the operation;

(c)the operator shall establish operational procedures and training programmes when ACAS is installed and serviceable so that the flight crew is appropriately trained in the avoidance of collisions and competent in the use of ACAS II equipment;

(d)the ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS.

21. Maintenance – hang glider and paraglider

A holder of an Authorisation conducting an operation using a hang glider or a paraglider must ensure that each hang glider or paraglider used for the operation—

(a)is maintained under a maintenance programme; and

(b)is maintained by a person who is authorised to perform maintenance on the particular make and model of hang glider or paraglider, by a hang gliding organisation whose certificate authorises the hang gliding organisation to authorise maintenance personnel.

22. Aircraft identification – hang glider and paraglider

A holder of an Authorisation conducting an aerial work operation using a hang glider or paraglider must ensure that—

(a)each hang glider or paraglider used for the operation is identified by a unique number or marking that is readable from the ground at a distance of 100 metres;

(b)(2) the number or marking required by paragraph (1) for each hang glider or paraglider is recorded in the operator’s operations specifications.

23. Pilot qualification requirements – hang glider and paraglider

A holder of an Authorisation must not assign a person to act as pilot-in-command of an aerial work operation using a hang glider or paraglider unless the person holds a current commercial pilot rating issued by the Authority.

24. Operator requirements – hang glider and paraglider

A holder of an Authorization conducting an operation using a hang glider or a paraglider must ensure that—

(a)the aircraft is, at all times, operated in compliance with the operating limitations specified in the aircraft flight manual or aircraft manufacturer’s operating instructions;

(b)an aircraft flight manual or manufacturer’s operating instruction, applicable to the aircraft being used, is available to the pilot-in command prior to flight;

(c)when undue proximity to the ground is detected by a flight crew member or by a ground proximity warning system, the pilot flying shall take corrective action immediately in order to establish safe flight conditions;

(d)the ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system.

25. Passenger safety requirements – hang glider and paraglider

A holder of an Authorization conducting an operation using a hang glider or a paraglider must ensure that in addition to the safety equipment required by this Regulation, each passenger—

(a)of a paraglider wears a back protection device that meets a standard that is acceptable to a hang-gliding organization or an equivalent standard that is acceptable to the Authority;

(b)wears protective clothing appropriate for the environmental conditions in which the flight is to be carried out.

Part V – MICROLIGHT AIRCRAFT OPERATIONS

26. Airworthiness – microlight aircraft

A holder of an Authorization conducting an aerial work operation using a microlight aircraft must ensure that each microlight aircraft used for the operation has a current Restricted Certificate of Airworthiness issued by the Authority.

27. Instruments and equipment – microlight aircraft

A holder of an Authorisation conducting an aerial work operation using a microlight aircraft must ensure that each microlight aircraft used for the operation is equipped with the applicable instruments and equipment specified in the civil aviation (instruments, equipment and documents) regulations.

28. Maintenance – microlight aircraft

A holder of an Authorization conducting an aerial work operation using a microlight aircraft must ensure that—

(a)each microlight aircraft used for the operation is maintained in accordance with the manufacturer’s specifications and requirements by the Authority;

(b)each person authorized to perform maintenance and the annual condition inspection on a microlight aircraft holds an appropriate qualification issued by the Authority.

29. Technical log

A holder of an Authorization conducting an aerial work operation using a microlight aircraft must provide a technical log.

30. Pilot qualification and experience requirements – microlight aircraft

A holder of an aerial work Authorisation must not assign a person to act as pilot-in-command of a microlight aircraft performing an aerial work operation unless the person—

(a)holds a current and appropriate commercial pilot licence issued by the Authority;

(b)holds an appropriate aircraft type rating for the aircraft;

(c)has acquired at least—

(i)200 hours flight time experience as pilot-in-command of an aircraft; and

(ii)30 hours flight time experience as pilot-in-command of the type of microlight aircraft used for the adventure aviation operation.

Part VI – ROTORCRAFT EXTERNAL-LOAD OPERATIONS

31. Personnel of rotorcraft external-load operations

(1)An applicant for a rotorcraft external-load operations Authorization shall—

(a)have available the services of at least one person, acceptable to the Authority, who holds at least a current Commercial Pilot Licence, with a rating appropriate to the rotorcraft to be used, issued by the Authority; and

(b)designate one pilot, who may be the applicant, as chief pilot for rotorcraft external-load operations.

(2)The holder of a rotorcraft external-load operations Authorization certificate shall report any change in designation of chief pilot to the Authority.

(3)A newly designated chief pilot shall comply with the knowledge and skill requirements of this Regulation within thirty (30) days, or the operator shall not conduct further operations under the rotorcraft external-load operator certificate, unless otherwise authorised by the Authority.

32. Knowledge and skills of applicant

(1)Except as provided in subregulation (4), the applicant for a certificate or the chief pilot designated in accordance with Regulation 36 (1) shall demonstrate to the Authority satisfactory knowledge and skill regarding rotorcraft external-load operations as set out in subregulation (2) and (3).

(2)An applicant or a chief pilot referred to in subregulation (1) shall take a test of knowledge covering the following subjects—

(a)steps to be taken before starting operation, including a survey of the flight area;

(b)proper method of loading, rigging, or attaching the external-load;

(c)performance capabilities, under approved operating procedures and limitations, of the rotorcraft to be used;

(d)proper instructions of flight crew and ground workers; and

(e)appropriate rotorcraft-load combination flight manual.

(3)An applicant who is a chief pilot referred to in subregulation (1), shall take a skill test which requires appropriate manoeuvres for each class requested, and the following appropriate manoeuvres shall demonstrate each load class in the rotorcraft

(a)take-offs and landings;

(b)demonstration of directional control while hovering;

(c)acceleration from a hover;

(d)flight at operational airspeeds;

(e)approaches to landing or working area;

(f)manoeuvring the external-load into the release position; and

(g)demonstration of winch operation if it is installed to hoist the external-load.

(4)Compliance with subregulations (2) and (3) need not be shown if the Authority finds, on the basis of the applicant's or his designated chief pilot's previous experience and safety record in rotorcraft external-load operations, that his knowledge and skill are adequate.

33. Emergency operations

(1)The holder of an aerial work Authorization issued by the Authority shall not deviate from the provisions of these Regulations except—

(a)in the event of an unforeseen emergency involving the safety of persons or property; or

(b)where such deviation is necessary to preserve safety and security:

Provided that such deviation shall not endanger the safety of persons and property.

(2)An Authorization holder who deviates from the requirements of these Regulations, shall notify the Authority and provide details of such deviation within seventy two (72) hours.

(3)Upon the request of the Authority, the authorization holder who deviated from the requirement of these Regulations shall provide the Authority with a complete report of the aircraft operation involved including a description of the deviation and reasons for it.

34. Operating rules for rotorcraft external-load operations

(1)A person shall not conduct a rotorcraft external-load operation without, or contrary to, the rotorcraft external-load combination operating manual prescribed in Regulation 39.

(2)A person shall not conduct a rotorcraft external-load operation unless—

(a)the rotorcraft complies with the provisions of these Regulations;

(b)the rotorcraft load combination is authorised under the rotorcraft external-load operator certificate.

(3)Before a person operates a rotorcraft with an external-load configuration that differs substantially from any that person has previously carried with that type of rotorcraft, whether or not the rotorcraft-load combination is of the same class, that person shall conduct, in a manner that shall not endanger persons or property on the surface, such of the following flight operational checks as the Authority determines are appropriate to the rotorcraft-load combination—

(a)a determination that the weight of the rotorcraft-load combination and the location of its centre of gravity are within approved limits, that the external-load is securely fastened, and that the external-load does not interfere with devices provided for its emergency release;

(b)make an initial lift-off and verify that controllability is satisfactory;

(c)while hovering, verify that directional control is adequate;

(d)accelerate into forward flight to verify that no attitude, whether of the rotorcraft or of the external-load, is encountered in which the rotorcraft is uncontrollable or which is otherwise hazardous;

(e)in forward flight, check for hazardous oscillations of the external-load, but if the external-load is not visible to the pilot, other crewmembers or ground personnel shall make this check and signal the pilot; and

(f)increase the forward airspeed and determine an operational airspeed at which no hazardous oscillation or hazardous aerodynamic turbulence is encountered.

(4)Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, the holder of a rotorcraft external-load operator certificate may conduct rotorcraft external-load operations over congested areas if those operations are conducted without hazard to persons or property on the surface and comply with the following—

(a)the operator shall develop a plan for each complete operation and obtain approval for the operation from the Authority;

(b)the plan shall include an agreement with the relevant authority in whose jurisdiction the operation shall be conducted, coordination with air traffic control, if necessary, and a detailed chart depicting the flight routes and altitudes;and

(c)a flight shall be conducted at an altitude and on a route that shall allow a jettisonable external-load to be released, and the rotorcraft landed, in an emergency without hazard to persons or property on the surface.

(5)Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft-Helicopter) Regulations, and except as provided in Regulation 38 (2), the holder of a rotorcraft external-load operator certificate may conduct external-load operations, including approaches, departures, and load positioning manoeuvres necessary for the operation, below 500 feet above the surface and closer than 500 feet to persons, vessels, vehicles, and structures, if the operations are conducted without creating a hazard to persons or property on the surface.

(6)A person shall not conduct rotorcraft external-load operations under instrument flight rules unless specifically approved by the Authority.

(7)A person shall not carry a person as part of the external-load under instrument flight rules.

35. Carriage of persons

(1)A holder of a rotorcraft external-load authorization shall not carry or allow a person to be carried on the rotorcraft during rotorcraft external-load operations unless that person—

(a)is a flight crewmember;

(b)is a flight crewmember trainee;

(c)performs an essential function in connection with the external-load operation; or

(d)is necessary to accomplish the work activity directly associated with that operation.

(2)The pilot-in-command shall ensure that all persons carried in the rotorcraft are briefed before take-off on all procedures to be followed, including normal, abnormal and emergency procedures, and the equipment to be used during the external-load operation.

(3)For the purpose of these regulations, a person other than a crewmember or a person who is essential and directly connected with the external-load operation shall be carried only in approved Class D rotorcraft-load combinations.

36. Crew member training, currency, and testing requirements

(1)A holder of a rotorcraft external-load Authorization shall not use, nor shall any person serve, as a pilot in helicopter external-load operations unless that person —

(a)has successfully demonstrated to the Authority the knowledge and skill with respect to the rotorcraft-load combination in accordance with these Regulation;

(b)has in their personal possession, a certificate of competency issued by the operator or an appropriate logbook entry indicating compliance with paragraph (a).

(2)A rotorcraft external-load operator Authorization holder shall not use, nor shall any person serve as, crew member or other operations personnel in Class D operations unless, within the preceding twelve months, that person has successfully completed either an approved initial or a recurrent training programme.

(3)Notwithstanding the provision of subregulation (2), a person who has performed a rotorcraft external-load operation of the same class and in an aircraft of the same type within the past twelve calendar months need not undergo recurrent training.

37. Structures and design

(1)An external-load attaching means and a quick release device means of a rotorcraft shall be approved by the Authority.

(2)The total weight of the rotorcraft-load combination shall not exceed the total weight approved for the rotorcraft during its type certification.

(3)The location of the centre of gravity shall, for all loading conditions, be within the range established for the rotorcraft during its type certification.

(4)For Class C rotorcraft-load combinations, the magnitude and direction of the loading force shall be established at those values for which the effective location of the centre of gravity remains within its established range.

38. Operating limitations

(1)In addition to the operating limitations set out in the approved Rotorcraft Load Combination Operating Manual and to any other limitations that the Authority may prescribe, the operator shall establish at least the following limitations and specify them in the Rotorcraft-Load Combination Operating Manual in which case the limitations for rotorcraft-load combination operations shall—

(a)be operated only within the weight and centre of gravity limitations established in accordance with this Part;

(b)not be operated with an external-load weight exceeding that used in showing compliance with this Part; and

(c)not be operated at airspeeds greater than those established in accordance with these Regulations.

(2)A person shall not conduct an external-load operation under these Regulations with a rotorcraft type certified in the restricted category over a densely populated area, in a congested airway, or near a busy airport where commercial air transport operations are conducted.

(3)The rotorcraft-load combination of Class D may be conducted only in accordance with the following conditions—

(a)the rotorcraft to be used shall have been type-certificated under transport Category and provide hover capability with one engine inoperative at that operating weight and altitude;

(b)the rotorcraft shall be equipped to allow direct radio intercommunication among required crewmembers;

(c)the personnel lifting device shall be approved by the Authority; and

(d)the lifting device shall have an emergency release requiring two distinct actions.

39. Rotorcraft-load combination operating manual

(1)An applicant for a rotorcraft external-load operator authorization shall prepare a rotorcraft-load combination operating manual and submit it to the Authority for approval.

(2)The manual referred to in subregulation (1) shall specify—

(a)operating limitations, normal and emergency procedures, performance, and other information required under this Part;

(b)the class of rotorcraft-load combinations for which the airworthiness of the rotorcraft has been demonstrated in accordance with this Part; and

(c)in the information section of the Rotorcraft-Load Combination operating manual—

(i)information on any peculiarities discovered when operating particular rotorcraft-load combinations;

(ii)precautionary advice regarding static electricity discharges for Class B, Class C and Class D rotorcraft-load combinations; and

(iii)any other information essential for safe operation with external-loads.

(3)The limiting height speed envelope data need not be listed in the rotorcraft-load combination flight manual.

40. Markings and placards

(1)The markings and placards of a rotorcraft shall be displayed conspicuously on the rotorcraft and shall be such that they cannot be easily erased, disfigured or obscured.

(2)The placard displayed in the cockpit or cabin shall state the class of rotorcraft-load combination and the occupancy limitation for which the rotorcraft has been approved.

(3)The placard, marking, or instruction displayed next to the external-load attaching means shall state the maximum external-load approved.

41. Exceptions to this part on rotorcraft external-load operations

This Part shall not apply to—

(a)a rotorcraft manufacturer when developing external-load attaching means; a rotorcraft manufacturer demonstrating compliance of equipment utilized under this Part;

(b)operations conducted by a person demonstrating compliance for the issuance of a certificate or authorisation under this regulation;

(c)training flights conducted in preparation for the demonstration of compliance with this regulation;

(d)a local or national government conducting operations with state aircraft.

Part VII – GLIDER TOWING, PICKING UP AND RAISING OF PERSONS AND ARTICLES

42. Towing of gliders

(1)A person operating an aircraft in flight shall not tow a glider unless the certificate of airworthiness of the aircraft is valid and includes an express provision that the aircraft may be used for towing a glider of that particular type.

(2)A person operating an aircraft shall not tow a glider unless the pilot-in-command of the towing aircraft is qualified under this Part.

(3)A person shall not operate an aircraft that is towing a glider unless the aircraft is equipped with a tow hook and release control system that meets the applicable standards of airworthiness.

(4)The length of the combination of towing aircraft, towrope and glider in flight shall not exceed 150 metres.

(5)A pilot-in-command of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off that—

(a)the towline is in good condition and meets the requirements specified in this regulation;

(b)the combination of the towing aircraft and glider is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination;

(c)signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and

(d)emergency signals have been agreed between the pilot-in-command of the towing aircraft and the pilot-in-command of the glider to be used, respectively, by the pilot-in-command of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the pilot-in-command of the glider to indicate that the tow cannot be released.

(6)A person operating an aircraft shall ensure that the glider is attached to the towing aircraft by means of the tow rope before the aircraft takes off.

(7)A person operating an aircraft in flight shall not tow a glider except in accordance with such conditions and requirements as the Authority may specify.

(8)A pilot-in-command of an aircraft shall satisfy himself that—

(a)the towing aircraft is equipped with a tow hitch of a kind, and installed in a manner that is approved by the Authority;

(b)the towline used has breaking strength of not less than eighty percent of the maximum certificated operating weight of the glider and not more than twice this operating weight, however, the towline used shall have a breaking strength more than twice the maximum certificated operating weight of the glider if—

(i)a safety link is installed at the point of attachment of the towline to the glider with a breaking strength of not less than eighty percent of the maximum certificated operating weight of the glider and not greater than twice this operating weight;

(ii)a safety link is installed at the point of attachment of the towline to the towing aircraft with a breaking strength greater, but not more than twenty-five percent greater than that of the safety link at the towed glider end of the towline and not greater than twice the maximum certificated operating weight of the glider;

(c)before conducting any towing operation within the lateral boundaries of the surface areas of Class C, D, or E airspace designated for an airport, or before making each towing flight within such controlled airspace if required by air traffic control, the pilot-in-command notifies the control tower;

(d)if a control tower does not exist, the pilot-in-command shall notify the Authority before conducting any towing operations; and

(e)the pilots of the towing aircraft and the glider have agreed upon a general course of action, including take-off and release signals, airspeeds, and emergency procedures for each pilot.

(9)A pilot of an aircraft shall not intentionally release a towline, after release of a glider, in a manner that endangers the life or property of other persons.

43. Glider towing-experience and training requirements

(1)A person shall not act as a pilot-in-command of an aircraft towing a glider unless that person—

(a)holds at least a private pilot licence with a category rating for powered aircraft and has logged at least one hundred hours (100) of pilot-in-command time in the same aircraft category, class, and type the pilot is using to tow a glider;

(b)has a logbook endorsement from an authorized instructor who certifies that the person received ground and flight training in towing gliders and is proficient in—

(i)the techniques and procedures essential to the safe towing of gliders, including airspeed limitations;

(ii)emergency procedures;

(iii)signals used; and

(iv)maximum angles of bank.

(c)has logged at least three flights as the sole manipulator of the controls of an aircraft towing a glider or simulating glider-towing flight procedures while accompanied by a pilot who meets the requirements of this regulation;

(d)has received a logbook endorsement from the pilot, specified in paragraph (c), certifying that the person has accomplished at least three flights in an aircraft while towing a glider, or while simulating glider-towing flight procedures;

(e)within the preceding twelve months has—

(i)made at least three actual or simulated glider tows while accompanied by a qualified pilot who meets the requirements of this Part; or

(ii)made at least three flights as pilot-in-command of an aircraft towing a glider.

(2)The pilot, specified in subregulation (1)(d), who endorses the logbook of a person seeking glider-towing privileges shall have—

(a)met the requirements of this regulation prior to endorsing the logbook of the person seeking glider-towing privileges; and

(b)logged at least ten flights as pilot-in-command of an aircraft while towing a glider.

(3)If the pilot described in subregulation (1)(d) holds only a private pilot licence, that pilot shall have—

(a)logged at least one hundred hours of pilot-in-command time in aeroplanes, or two hundred hours of pilot-in-command time in a combination of powered and other than powered aircraft; and

(b)performed and logged at least three flights within the twelve calendar months preceding the month that pilot accompanies or endorses the logbook of a person seeking glider-towing privileges—

(i)in an aircraft towing a glider accompanied by another pilot who meets the requirements of this regulation; or

(ii)as pilot-in-command of an aircraft towing a glider.

44. Towing, picking up and raising of persons, animals and articles

(1)A person operating an aircraft in flight shall not, by means external to the aircraft, tow any article other than a glider or banner, tow or pick up, or raise any person, animal or article, unless the certificate of airworthiness of the aircraft is valid and includes an express provision that it may be used for that purpose.

(2)A person operating an aircraft shall not launch or pick up towlines, banners or similar articles other than at an aerodrome.

(3)A person shall not operate an aircraft in flight to tow any article, other than a glider, at night or when flight visibility is less than one mile.

(4)The length of the combination of towing aircraft, towline and article in a tow shall not exceed 150 metres.

(5)A person flying a helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when an article, person or animal is suspended from the helicopter.

(6)Nothing in this regulation shall—

(a)prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, or any instrument which is being used for experimental purposes;

(b)prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life;

(c)apply to any aircraft while it is flying in accordance with the provisions of the special flight permit issued under the Civil Aviation (Airworthiness) Regulations; or

(d)be taken to permit the towing or picking up of a glider otherwise than in accordance with this regulation.

45. Dropping of articles and animals

(1)A person shall not drop or permit to be dropped an article or animal, whether or not attached to a parachute, from an aircraft in flight so as to endanger persons or property.

(2)Subregulation (1) shall not apply to the dropping of an article by, or with the authority of the pilot in command of the aircraft in any of the following circumstances, provided that the pilot seeks to avoid endangering persons or property—

(a)the dropping of an article for the purpose of saving life;

(b)the jettisoning, in case of emergency, of fuel or other articles in the aircraft;

(c)the dropping of ballast in the form of fine sand or water;

(d)the dropping of an article solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations;

(e)the dropping at an aerodrome, in accordance with prescribed regulations of towropes, banners, or similar article towed by aircraft;

(f)the dropping of an article for the purpose of agriculture, horticulture forestry or public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the article is dropped with the permission of the Authority and in accordance with any condition subject to which that permission may have been given; and

(g)the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind indicators are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given.

(3)For the purposes of this regulation “dropping” includes projecting and lowering.

(4)Nothing in this regulation shall prohibit the lowering of any animal or article from a helicopter to the surface, if the certificate of airworthiness of the aircraft is valid and includes an express provision that it may be used for that purpose.

46. Dropping of persons

(1)A person shall not drop, be dropped or permit to drop to the surface or jump from an aircraft flying over Kenya except under and in accordance with the terms of a written authorisation granted by the Authority.

(2)Notwithstanding the grant of an Authorisation under subregulation (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property.

(3)A person shall not operate or use an aircraft for the purpose of dropping persons unless the aircraft has a certificate of airworthiness and an authorisation granted for that purpose.

(4)Nothing in this regulation shall—

(a)apply to the descent of persons by parachute from an aircraft in an emergency;

(b)prohibit the lowering of any person in an emergency or for the purpose of saving life; or

(c)prohibit the lowering of any person from a helicopter to the surface if the certificate of airworthiness of the aircraft is valid and includes an express provision that it may be used for that purpose.

Part VIII – BANNER TOWING

47. Authorisation required for banner towing operations

(1)Except as provided in subregulation (2), a person shall not conduct banner towing operations with an aircraft except in accordance with the terms of an authorisation issued by the Authority.

(2)A helicopter operating under the provisions of external-load operations may tow a banner using an external-load attaching means without an authorisation.

48. Aircraft requirements for banner towing operations

(1)A person shall not operate an aircraft that is towing a banner unless the aircraft is equipped with a tow hook and release control system that meet the applicable standards of airworthiness.

(2)A person shall not operate a helicopter that is towing a banner unless the helicopter has a means to prevent the banner from becoming entangled in the helicopter's tail rotor during all phases of flight, including auto-rotations.

49. Experience and training requirements for banner towing operations

(1)The pilot of the tow aircraft that is not operating for hire or compensation shall hold at least a valid private pilot licence and have a minimum of two hundred (200) hours of pilot-in-command time.

(2)When banner tow operations are conducted for compensation or hire, the pilot shall have at least a valid commercial pilot licence.

(3)A pilot engaged in banner towing operations shall demonstrate competence to the Authority by performing at least one pickup and drop of the maximum number of letters (panels) to be used by the certificate holder.

(4)The demonstration referred to in subregulation (3) shall be observed from the ground to allow an inspector from the Authority to evaluate the competence of any essential ground personnel as well as the flight operation.

50. Operating rules for banner towing operations

(1)All banner towing operations shall be conducted only—

(a)in visual flight rules weather conditions; and

(b)between the hours of official sunrise and sunset.

(2)A person shall not conduct banner towing operations—

(a)over congested areas or open-air assemblies of persons at whichever of the following heights is higher—

(i)at a height below 1,000 feet above the highest fixed object within 600 metres of the aircraft;

(ii)below such a height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit;

(b)elsewhere not below such height as would enable the aircraft to alight clear of the assembly in the event of the failure of a power unit.

(3)A holder of an authorisation carrying out a banner tow operation shall be required to obtain a written approval of the authority managing the airport to conduct the operation.

(4)If a banner towing operation takes place at an airport with air traffic control, the holder of an authorisation shall inform the air traffic control of the time of the operation and obtain clearance.

(5)The holder of an authorisation shall notify the appropriate airport officials in advance when a banner tow operation shall be in close proximity to an unmanned airport.

(6)Only essential crewmembers shall be carried when conducting a banner tow operation.

(7)When a banner tow operation is conducted around congested areas, the pilot shall exercise due care so that, in the event of emergency release of the banner or towrope, the banner or towrope shall not cause undue hazard to persons or property on the surface.

(8)A pilot conducting a banner operation shall drop the towrope in a pre-designated area at least 500 feet from persons, buildings, parked automobiles, and aircraft.

(9)If a tow aeroplane lands with the rope attached, due care shall be exercised to avoid trailing the rope and endangering other aircraft in the air, or persons, property or aircraft on the surface.

(10)A pilot conducting a banner-towing operation shall carry on board the aircraft a current copy of the authorisation allowing the banner towing operation.

(11)A pilot conducting a banner-towing operation shall ensure coordination of banner times with other aviation operations at all times and such coordination shall include—

(a)communications—

(i)air to air;

(ii)air to ground; and

(iii)coordination with air traffic control;

(b)traffic flow: identification and depiction of traffic patterns for the pilots concerned; and

(c)airworthiness inspections: all aircraft conducting banner towing operations shall prior to the event undergo an airworthiness safety inspection.

Part IX – TELEVISION, MOVIE OPERATIONS, AERIAL SURVEY

51. Authorisation required for television etc., operations

(1)A person shall not conduct operations involving movie filming, appearance in flight in movies, airborne direction or production of such filming, aerial photography or aerial survey when those operations are conducted as part of a business enterprise or for compensation or hire unless that person satisfies the requirements of these Regulations.

(2)For purposes of this regulation, “movie” includes film, videos, and live broadcast in any format, and the preparation and rehearsal for those operations.

52. Aircraft requirements

A person shall not use an aircraft in a motion picture, television filming, aerial photography or aerial survey operations, unless that aircraft has a valid airworthiness certificate.

53. Experience and training requirements

(1)A pilot shall not conduct television, movie, aerial photography or aerial survey operations unless the pilot has—

(a)a commercial pilot's licence with type ratings for the aircraft to be used;

(b)at least five hundred (500) hours as pilot-in-command;

(c)a minimum of fifty (50) hours in the category and class of the aircraft to be used; and

(d)a minimum of five (5) hours in the make and model of the aircraft to be used.

(2)If a pilot for television, movie, aerial photography or aerial survey operations intends to perform aerobatic flights below 1,500 feet above ground level, he shall furnish the Authority with proof of competence to perform the aerobatic manoeuvres in the aircraft to be used.

54. Special authorisation requirements

(1)A person who wishes to conduct Aerial Work operations shall apply for a special authorisation if filming sequences require an aircraft to be flown—

(a)in aerobatic flight below 1,500 feet above ground level;

(b)over a congested area; or

(c)in controlled airspace.

(2)The holder of the special authorisation issued under this regulation shall provide a schedule of events that lists the—

(a)identification of the aircraft; and

(b)performers in the sequence of their appearance where applicable.

(3)Any manoeuvres added or time changes to the schedule of events shall be authorized by the Authority.

(4)Procedures for the submission, within three days of scheduled filming or aerial photography and survey, of a written plan of activities to the Authority containing at least the following—

(a)dates and times for all flights;

(b)name and phone number of person responsible for the filming or aerial photography and survey;

(c)make and model of aircraft to be used and type of airworthiness certificate;

(d)names of pilots involved in the filming or aerial photography and survey;

(e)a statement that permission has been obtained from property owners or local officials to conduct the filming or aerial photography and survey;

(f)a general outline, or summary, of the production schedule, to include maps or diagrams of the specific filming or aerial photography and survey location.

55. Operating rules for television

An operator shall not conduct motion picture, television flight or aerial photography operations so as to endanger persons or property on the surface or aircraft in flight.

Part X – EXHIBITION OF FLYING

56. Exhibition of flying

(1)A person shall not conduct an exhibition of flying unless that person has obtained authorisation from the Authority.

(2)A pilot shall not participate in an exhibition of flying unless that pilot—

(a)holds a valid private pilot licence, commercial pilot licence or airline transport pilot licence;

(b)is rated on the type of aircraft to be used; and

(c)can comply with any relevant conditions specified in the authorisation.

(3)A person shall not use an aircraft in exhibition of flying, unless that aircraft has a valid certificate of airworthiness.

(4)A person shall not be issued with the authorisation referred to in subregulation (1) unless that person proves to the Authority the ability to safely conduct the exhibition of flying.

(5)The authorisation referred to in subregulation (1) may be issued subject to such conditions, as the Authority deems fit and shall, remain in force for the period specified in the authorisation.

(6)A person authorised to conduct an exhibition of flying under this regulation shall not conduct the exhibition so as to endanger persons or property on the surface or aircraft in flight.

Part XI – TRAFFIC AND SPORTS REPORTING, FISH SPOTTING AND GAME VIEWING

57. Traffic reporting

(1)A person shall not conduct an Aerial Work operation involving the observation of, and reporting on, vehicular traffic conditions on the highways and streets unless that person—

(a)holds at least a valid private pilot licence;

(b)uses an aircraft with a standard certificate of airworthiness;

(c)holds an authorisation issued by the Authority.

(2)A person authorised under this regulation shall not conduct operations so as to endanger persons or property on the surface or aircraft in flight.

(3)When an operation under this regulation is conducted for compensation or hire, the pilot shall have at least a valid commercial pilot licence.

58. Game viewing or tracking operation

(1)A person shall not conduct an Aerial Work operation involving the observation of, and reporting on, participating in game viewing or tracking operations unless that person—

(a)holds at least a valid private pilot licence;

(b)uses aircraft with a certificate of airworthiness or restricted certificate of airworthiness; and

(c)holds an authorisation issued by the Authority.

(2)A person authorised under this regulation shall not conduct Aerial Work operation so as to endanger persons, animals or property on the surface or aircraft in flight.

(3)When an operation under this regulation is conducted for compensation or hire, the pilot shall have at least a valid commercial pilot licence.

59. Competitive motor vehicle operations

(1)A person shall not conduct Aerial Work operation involving the observation of, and reporting on, participating in motor vehicle testing and competitive operations unless that person—

(a)holds at least a valid private pilot licence;

(b)uses an aircraft with a standard certificate of airworthiness;and

(c)holds authorisation issued by the Authority.

(2)A person authorised under this regulation shall not conduct Aerial Work operation so as to endanger persons or property on the surface or aircraft in flight.

(3)When an operation under this regulation is conducted for compensation or hire, the pilot shall have at least a valid commercial pilot licence.

60. Fish spotting

(1)A person shall not conduct Aerial Work operation involving location, tracking, and reporting on the location of fish and fish schools, as part of a business enterprise or for compensation or hire unless that person obtains authorisation issued by the Authority.

(2)When an operation under this regulation is conducted for compensation or hire, the pilot shall have at least a valid commercial pilot licence.

(3)A person authorised under this regulation shall not conduct Aerial Work operations so as to endanger persons or property on the surface or aircraft in flight.

(4)The minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air) Regulations do not apply to operations specifically authorised by the Authority under this regulation with different minima.

Part XII – GENERAL

61. Possession of the certificate, authorisation etc.

A holder of a certificate or authorisation or other document issued by the Authority shall have in his physical possession or at the work site when exercising the privileges of that certificate, authorisation or such other document.

62. Drug and alcohol testing and reporting

(1)Any person who performs any function requiring an authorisation prescribed by these 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 subregulation (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;

(b)having submitted to the test, refuses to authorise the release of the test results, the Authority may suspend or revoke the certificate or authorisation issued by the Authority.

(3)In determining whether to suspend or revoke the authorisation of the holder the Authority shall consider all relevant factors, including—

(a)whether the authorisation holder had knowledge of the drug or alcohol use;

(b)whether the authorisation holder encouraged the person to refuse the drug or alcohol test;

(c)whether the authorisation holder dismissed the person who failed or refused the drug tests; or

(d)the position that person held with the authorisation holder.

(4)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 the certificate or authorisation holder.

(5)The Authority may suspend or revoke the certificate or authorisation of a holder that refuses to dismiss from its employment a person convicted under subregulation (3).

63. Problematic use of psychoactive substances

(1)A person whose function is critical to the safety of aviation shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.

(2)A person referred to in subregulation (1) shall not engage in any kind of problematic use of substances.

64. Reports of violation

(1)Any person who knows of a violation of this Act, or any rule, regulation, or order issued thereunder, shall report it to the Authority.

(2)The Authority shall determine the nature and type of any additional investigation or enforcement action that need to be taken.

65. Enforcement of directions

Any 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.

66. 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 Authorization, 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 fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is considered, to pay the fee so chargeable.

(3)If, after that payment has been made the application is withdrawn by the applicant, otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

67. Application of regulations to Government and visiting forces, etc.

(1)These Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the Department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft.

(2)Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempt from the provision of these regulations to the same extent as if the visiting force formed part of the military force of Kenya.

68. 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;

(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 XIII – OFFENCES AND PENALTIES

69. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his licence, certificate, approval, authorisation, exemption or other document revoked or suspended.

70. Penalties

(1)If any provision of these Regulations, orders, notices or proclamations made thereunder is contravened 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 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)Any person who contravenes any provision specified in Part A of the Schedule to these Regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both, for each offence.

(3)Any person who contravenes any provision specified in Part B of the Schedule to these Regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both, for each offence.

(4)Any person who contravenes any provision of these Regulations not being a provision referred to in the Schedule to these Regulations, shall be liable to a fine not exceeding two million shillings, for each offence.

Part XIV – SAVINGS AND TRANSITIONAL PROVISIONS

71. Savings

All valid licences, certificates, permits or authorisation issued or granted by the Authority before the commencement of these Regulations shall remain valid until they expire or are revoked, annulled or replaced.

72. Transitional provisions

(1)Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any acts, duties or operation affected by these Regulations, shall within twelve (12) months from the date of commencement, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such acts, duties or operations.

(2)A person who fails to comply with these Regulations within the prescribed period commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both, for each offence.

Source: Kenya Law · Imported 4 October 2026