ADVOKS GLOBAL · KENYA
Kenyan legislation
The Civil Aviation (Aerial Work Operations - Agriculture) Regulations, 2025
Edition: 2026-03-06 · In force
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Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Civil Aviation (Aerial Work Operations-Agriculture) 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;“acrobatic flight” means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;“Act” means the Civil Aviation Act;“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;“agricultural air operator certificate” means a certificate authorizing an agricultural operator to carry out specified agricultural operations;“agricultural aircraft operation” means the operation of an aircraft for the purpose of—(a)dispensing any economic poison;(b)dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life or pest control, or(c)engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects;“agricultural specific approval” means an approval which is documented in the operational specifications for commercial air transport operations or in the list of specific approvals for private agricultural operations;“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 established under section 4 of the Act;“banner” means an advertising medium supported by a temporary framework attached externally to the aeroplane and towed behind the aeroplane;“commercial agricultural air operator certificate” means a certificate authorizing a person to carry out specified agricultural operations for compensation and hire;“critical engine” means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;“drug trafficking” means carriage by an aircraft of narcotic drugs, marijuana and other depressant or stimulant drugs or substances;“economic poison” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plants or animal life or viruses, except viruses on or in living human beings or other animals, which Kenya shall declare to be a pest, and use as a plant regulator, defoliant or desiccant;“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;“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;“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;“owner” means the person responsible for the continuing airworthiness of the aircraft, including, alternatively—(a)the registered owner of the aircraft;(b)the lessee in the case of a leasing contract;(c)the operator;“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;“private agricultural air operator certificate” means a certificate authorizing a person to carry out specified private agricultural operations;“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; and“training programme” means a programme that consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective and it shall include a core curriculum and a specialty curriculum.3. Application
These Regulations shall apply to all persons carrying out agricultural air operations.4. Classifications of agricultural air operations
The agricultural air operations shall be classified as follows—(a)commercial agricultural air operations; and(b)private agricultural air operations.Part II – COMMERCIAL AGRICULTURAL AIR OPERATIONS
5. Air Operator Certificate - Agricultural (AOC)
(1)A person shall not engage in commercial agricultural air operations unless the person holds a valid Air Operator Certificate-Agriculture (AOC) issued by the Authority.(2)An AOC referred to in sub-regulation (1) shall authorize the person to conduct commercial agriculture air operations in accordance with the conditions and limitations that may be specified in the Agricultural Operating Specifications.(3)The issuance and continued validity of an AOC by the Authority shall be dependent upon the person demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified.6. Application for agricultural air operator certificate
(1)An operator applying to the Authority for an AOC shall submit an application—(a)in the specified form and paying the prescribed fees; and(b)containing any other information the Authority requires the applicant to submit.(2)Each applicant shall make the application for an initial issue of an AOC at least ninety days before the date of intended operation.(3)At the time of application, the applicant shall provide all information and manuals required by the Authority and hold an air service licence issued under the Civil Aviation (Licencing of Air Services) Regulations.(4)The Authority may issue an AOC to an applicant if that applicant meets the requirements specified by the Authority.7. Issuance of Agriculture Air Operator Certificate
(1)The Authority may issue an AOC to an applicant if that applicant—(a)has its principal place of business and it is registered in Kenya;(b)meets the applicable regulations and standards for the holder of an AOC;(c)is properly qualified and adequately staffed and equipped to conduct safe operations in commercial aircraft operations and maintenance of the aircraft;(d)holds a valid air service license issued under the Civil Aviation (Licensing of Air Services) Regulations; and(e)meets any other requirements as specified by the Authority.(2)The Authority may reject an application for an AOC if—(a)the applicant does not meet the requirements specified in sub-regulation (1);(b)the applicant previously held an AOC which was revoked;(c)the applicant is not suitable by reason of previous conduct and experience to properly maintain an AOC; or(d)an individual who has previously contributed to the circumstances that caused the revocation of an AOC obtains a substantial ownership in the applicant organization or is employed in a position specified by these Regulations.8. Content of an AOC
(1)The certificate mentioned in regulation (5) shall contain—(a)the State of the Operator and the issuing authority;(b)the AOC number specifically assigned to that operator and its expiration date;(c)the commercial agricultural air operator name, trading name (if different) and address of the principal place of business;(d)the date of issue and the name, signature and title of the Authority representative;(e)the location, in a controlled document carried on board, where the contact details of operational management can be found; and(f)other special authorisations, approvals and limitations issued by the Authority in accordance with the standards which are applicable to the operations and maintenance conducted by the Operator.(2)The AOC shall be in the format set out in the First Schedule to these Regulations.(3)The continued validity of an agricultural air operator certificate shall depend upon the commercial agricultural air operator maintaining the requirements of regulation 5(3) under the supervision of the Authority.(4)Agricultural Operations Specifications associated with the agricultural air operator certificate shall contain at least the information listed in Second Schedule and follow the layout of the Second Schedule to these regulations and shall provide—(a)for each aircraft model in the operator’s fleet, identified by aircraft registration, make, model and series;(b)list of authorizations, conditions and limitations shall be included;(c)issuing authority contact details, operator name and AOC Number;(d)date of issue and expiry;(e)types and area of operations;(f)signature of the Authority representative; and(g)other special authorisations, approvals and limitations issued by the Authority in accordance with the standards which are applicable to the operations and maintenance conducted by the commercial agricultural air operator.(5)The Authority shall establish a system for the certification and continued surveillance of operators in accordance with these regulations and any other Regulations made under the Act to ensure that the required standards of operations established in the regulations are maintained.9. Validity and renewal of agricultural air operator certificate
(1)An agricultural air operator certificate issued under regulation 7 shall be valid for twenty-four months from the date of issue or renewal, unless—(a)a shorter period is specified by the Authority;(b)the Authority amends, suspends, revokes or otherwise terminates the certificate;(c)the agricultural air operator certificate holder surrenders it to the Authority; or(d)the agricultural air operator certificate holder suspends operations for more than one hundred eighty continuous days.(2)The holder of an agricultural air operator certificate that is suspended or revoked shall return it to the Authority within fourteen days.10. Amendment of agricultural air operator certificate
(1)An agricultural air operator certificate may be amended by the Authority—(a)on the Authority's own initiative; or(b)upon application by the holder of that certificate.(2)A holder of the certificate shall submit an application to amend an agricultural air operator certificate by completing a form specified by the Authority.(3)An applicant for an amendment under this regulation shall file the application to amend a certificate at least thirty days before the date that it proposes the amendment shall become effective, unless the Authority approves a shorter filing period.(4)The Authority shall grant a request to amend a certificate if it determines that it is in the interest of safety, security or in public interest.11. Renewal of agricultural air operator certificate
An application for renewal of an agricultural air operator certificate shall be made in a form specified by the Authority at least sixty days before the certificate expires.Operating rules and related requirements
12. Purpose
These Regulations provide additional rules to, and exceptions from, the Civil Aviation (Rules of the Air) Regulations, Civil Aviation (Air Traffic Services) Regulations for a pilot performing, or being trained to perform, an agricultural aircraft operation.13. Personnel of agricultural air operator
(1)A holder of an agricultural air operator certificate shall ensure that the following key post holder’s are informed of their duties and responsibilities for the operation.(2)A person shall not engage in agricultural air operation unless the person has met the knowledge and skill requirements specified in these Regulations.(3)A person shall not act as a pilot-in-command of an aircraft operated under these Regulations unless that person—(a)holds a commercial pilot licence or airline transport pilot licence issued by the Authority and who is properly rated for the aircraft to be used; and(b)has demonstrated to the holder of the agricultural air operator certificate conducting the operation, or to a personnel designated by that certificate holder, that he possesses the knowledge and skill required by these Regulations.14. Aircraft for use in agricultural air operation
(1)An applicant for an agricultural air operator certificate shall have one or more certified and airworthy aircraft, equipped for agricultural operation.(2)A pilot performing, or being trained to perform, an agricultural aircraft operation must ensure that the aircraft has the following minimum fuel reserves: for airplanes, thirty minutes flight time.15. Personnel knowledge and skill to conduct agricultural air operation
An applicant for an agricultural air operator certificate shall show that they have satisfactory knowledge and skill of the following agricultural aircraft operations—(a)knowledge of—(i)steps to be taken before starting operations, including a survey of the area to be worked;(ii)safe handling of economic poisons and the proper disposal of used containers for those poisons;(iii)the general effects of economic poisons and agricultural chemicals on plants, animals, and persons, and the precautions to be observed in using poisons and chemicals;(iv)primary symptoms of poisoning of persons from economic poisons, the appropriate emergency measures to be taken, and the location of poison control centres;(v)performance capabilities and operating limitations of the aircraft to be used; and(vi)safe flight and application procedures.(b)skill in the following manoeuvres, demonstrated at the aircraft's maximum certified take-off mass, or the maximum mass established for the special purpose load, whichever is greater—(i)short-field and soft-field take-offs (aeroplanes and gyroplanes only);(ii)approaches to the working area;(v)pull-ups and turnarounds; and(vi)rapid deceleration (quick stops) in helicopters only.16. Carrying and display of certificates
(1)A person shall not operate an agricultural aircraft unless that person carries the following documents on board that aircraft, a certified true copy of the—(a)agricultural air operator certificate certified by the Authority;(b)certificate of registration;(c)certificate of airworthiness;(d)certificate of insurance;(f)certificate of release to service.(2)A holder of an agricultural air operator certificate shall display the certificate at the home base of operations, to the public at all times and shall present it for inspection on the request of the Authority or any person authorised by the Authority.(3)Where the documents specified in sub-regulation (1) are not carried on the aircraft, they shall be kept available for inspection at the base from which the dispensing operation is conducted.17. Business name for commercial agricultural aircraft operator
A person shall not operate as a commercial agricultural air operator under a business name that is not shown on that person’s agricultural air operator certificate.18. Access for inspection
A holder of an agricultural air operator certificate shall allow the Authority at any time and place to carry out inspections, including on the job inspections, to determine compliance with applicable regulations and the agricultural air operator certificate requirements.19. Records of commercial agricultural aircraft operator
(1)A holder of a commercial agricultural air operator certificate shall maintain and keep current, at the home base designated in its application, the following records—(a)the name and address of each person for whom agricultural air operator services were provided;(b)the date of the service;(c)the name and quantity of the material dispensed for each operation conducted; and(d)the name, address, and certificate number of each pilot used in the agricultural aircraft operations and the date that pilot met the knowledge and skill requirements of this regulation.(2)The records specified by this regulation shall be kept for at least twenty-four months and made available for inspection by the Authority upon request.Part III – PRIVATE AGRICULTURAL AIR OPERATIONS
20. Application
An applicant for an Agricultural Specific Approval shall—(a)be a holder of a current Private Pilot Licence (PPL), Commercial Pilot Licence (CPL), or Airline Transport Pilot Licence (ATPL);(b)be properly rated for the aircraft to be used; and(c)not conduct operations for hire or reward.21. Agricultural specific approval
The pilot-in-command shall not conduct operations for which a specific approval is required unless such approval has been issued by the Authority.22. Limitations on private agricultural aircraft operator
A holder of a private agricultural air operator certificate shall not conduct an agricultural air operation—(a)for compensation or hire;(b)over a congested area; or(c)over any property unless the holder is the owner or lessee of the property or has ownership or other property interest in the crop located on that property.23. Personnel
(1)A holder of an agricultural specific operation shall ensure that each person used in the agricultural aircraft operation is informed of that person's duties and responsibilities for the operation.(2)A person shall not engage in agricultural specific operation unless the person has met the knowledge and skill requirements specified in these Regulations.(3)A person shall not act as a pilot-in-command of an aircraft operated under these Regulations unless that person—(a)holds a Private Pilot licence issued under the Civil Aviation (Personnel Licensing) Regulations; and(b)has demonstrated that they possesses the knowledge and skill required by these Regulations.24. Personnel knowledge and skill to conduct agricultural air operation
(1)A holder of an Agricultural Specific Approval shall show that he has satisfactory knowledge and skill of the following agricultural aircraft operations—(a)knowledge of—(i)steps to be taken before starting operations, including a survey of the area to be worked;(ii)safe handling of economic poisons and the proper disposal of used containers for those poisons;(iii)the general effects of economic poisons and agricultural chemicals on plants, animals, and persons, and the precautions to be observed in using poisons and chemicals;(iv)primary symptoms of poisoning of persons from economic poisons, the appropriate emergency measures to be taken, and the location of poison control centres;(v)performance capabilities and operating limitations of the aircraft to be used; and(vi)safe flight and application procedures; and(b)skill in the following manoeuvres, demonstrated at the aircraft's maximum certified take-off mass, or the maximum mass established for the special purpose load, whichever is greater—(i)short-field and soft-field take-offs (aeroplanes and gyroplanes only);(ii)approaches to the working area;(v)pull-ups and turnarounds; and(vi)rapid deceleration (quick stops) in helicopters only.Part IV – GENERAL
25. Manner of dispensing
A person shall not dispense, or cause to be dispensed, any material or substance in a manner that creates a hazard to persons or property on the surface.26. Economic poison dispensing
(1)Except as provided in subregulation (2), a person shall not dispense or cause to be dispensed from an aircraft that is registered in Kenya, any economic poison prescribed under the Pest Control Products Act—(a)for a use other than that for which it is registered;(b)contrary to any safety instructions or use limitations on its label; or(c)in violation of any laws of Kenya.(2)This regulation shall not apply to any person dispensing economic poisons for experimental purposes under—(a)the supervision of an agency authorised by law to conduct research in the field of economic poisons; or(b)other relevant authority.27. Fastening of safety belts and harnesses
(1)A person shall not operate an aircraft without a safety belt and shoulder harness properly secured about that person.(2)The shoulder harness required under sub-regulation (1) need not be fastened if that person would be unable to perform required duties with the shoulder harness fastened.28. Operations in controlled airspace designated for an airport
(1)Except for flights to and from a dispensing area, a person shall not operate an aircraft within the lateral boundaries of Class C and D airspace and areas designated for airports unless that person has obtained written authorisation for that operation from the Air Traffic Control facility having jurisdiction over that area.(2)A person shall not operate an aircraft in weather conditions below visual flight rules minima within the lateral boundaries of the Airspace classification of his/her operations unless that person has obtained written authorisation for that operation from the air traffic control facility having jurisdiction over that area.29. Non-observance of airport traffic pattern
(1)The pilot-in-command of an aircraft may not deviate from an airport traffic pattern unless authorized by the Aerodrome Control tower concerned.(2)At an unmanned aerodrome, the pilot-in-command may deviate from the traffic pattern if—(a)prior coordination is made with the airport management concerned;(b)deviations are limited to the agricultural aircraft operation;(c)except in an emergency, landing and take-offs are not made on ramps, taxiways, or other areas of the airport not intended for such use; and(d)the aircraft at all times remains clear of, and gives way to, aircraft conforming to the traffic pattern for the airport.30. Operation over areas other than congested areas
Notwithstanding the requirements of the Civil Aviation (Rules of the Air) Regulations and the Civil Aviation (Air Traffic Services) Regulations, a person may conduct dispensing operations, including approaches, departures and turnarounds reasonably necessary for the operation, below five hundred feet above the surface and closer than five hundred feet to persons, vessels, vehicles, and structures, if the operations are conducted without creating a hazard to persons or property on the surface.31. Operation over congested areas - general
(1)A person shall operate an aircraft over a congested area at altitudes required for the proper accomplishment of the agricultural aircraft operation if that operation is conducted—(a)with the maximum safety to persons and property on the surface, consistent with the operation; and(b)in accordance with the requirements of sub-regulation (2).(2)A person shall not operate an aircraft over a congested area unless that person—(a)has obtained prior written approval from the Authority and other relevant authorities having jurisdiction over that area; and(b)has issued notice of the intended operation to the public as specified by the Authority.(3)A plan for each complete operation shall be submitted to, and accepted by the Authority, the plan shall include consideration of obstructions to flight, the emergency landing capabilities of the aircraft to be used; and any necessary coordination with air traffic control.(4)A person operating a single engine aircraft shall not—(a)except for helicopters, take off a loaded aircraft, or make a turnaround over a congested area;(b)operate the aircraft over a congested area below the altitudes prescribed in the Civil Aviation (Air Traffic Control) Regulations and Civil Aviation (Rules of the Air) Regulations except during the actual dispensing operation, including the approaches and departures necessary for that operation; or(c)operate the aircraft over a congested area during the actual dispensing operation, including the approaches and departures for that operation, unless it is operated in a pattern and at such an altitude that the aircraft can land, in an emergency, without endangering persons or property on the surface.(5)A person operating a multi-engine aircraft shall not—(a)take-off a multi-engine aircraft over a congested area except under conditions that will allow the aircraft to be brought to a safe stop within the effective length of the runway;(b)operate the multiengine aircraft at a weight greater than the weight that, with the critical engine inoperative, would permit a rate of climb of at least 50 feet per minute at an altitude of at least 1,000 feet above the elevation of the highest ground or obstruction with the area to be worked on; and(c)operate the multiengine aircraft over a congested area below the altitudes prescribed in the Civil Aviation (Air Traffic Control) Regulations and Civil Aviation (Rules of the Air) Regulations, except during the actual dispensing operation, including the approaches, departures and turnarounds necessary for that operation.32. Operation over congested areas - pilots and aircraft.
A person shall not operate an aircraft over a congested area unless—(a)the pilot-in-command of the aircraft has at least—(i)twenty-five hours of pilot-in-command flight time in the make and basic model of the aircraft, at least ten hours of which shall have been acquired within the preceding twelve months; and(ii)one hundred hours of flight experience as pilot-in-command in dispensing agricultural materials or chemicals(b)the aircraft, if it is—(i)an aircraft not specified in this paragraph, has had within the preceding one hundred hours of time in service a one hundred hours or annual inspection by a person authorized by the Authority under the requirements of the Civil Aviation (Airworthiness) Regulations or have been inspected under a progressive inspection system;(ii)a large or turbine-powered multiengine aircraft of Kenyan registry, has been inspected in accordance with the applicable inspection programme requirements of Civil Aviation (Airworthiness) Regulations;(iii)not a helicopter, is equipped with a device capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural material within forty-five seconds; and(iv)equipped with a device for releasing the tank or hopper as a unit, has the means to prevent inadvertent release by the pilot or other crewmember.33. Prohibition against drug trafficking
A person to whom these Regulations apply shall not permit any aircraft owned, operated or leased to be engaged in any operation that the agricultural air operator certificate holder or Agricultural Specific Approval holder knows to be in violation of any laws of Kenya pertaining to drug trafficking.34. 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.35. Drug and alcohol testing and reporting
(1)Any person who performs any function related to operations of aircraft under these Regulations may be tested for drug or alcohol usage.(2)The Authority may prohibit any person who—(a)tests positive for drug or alcohol usage;(b)refuses to submit to a test; or(c)refuses to furnish or to authorise the release of the test results requested by the Authority from carrying out the functions related to operation of aircraft.(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)The Authority shall require the certificate or authorisation holder to show cause why that person should not be dismissed from the employment of the certificate or authorisation holder.(5)A person who is convicted, whether in or outside Kenya, for any offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall be dismissed from the employment of the certificate or authorisation holder.(6)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).36. Problematic use of psychoactive substances
(1)A person whose function is critical to the safety of aviation (safety-sensitive personnel) 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 sub-regulation (1) shall not engage in any kind of problematic use of substances.37. Inspection of certificate of registration
A person who holds a certificate of registration required by these Regulations shall present it for inspection upon request from the Authority or any other person authorised by the Authority.38. Change of name
(1)A holder of a certificate or other document issued under these Regulations may apply to change the name on the certificate or that document.(2)The holder shall include with any such request—(a)the current certificate or such other document; and(b)a court order, or other legal document verifying the name change.(3)The Authority may change the certificate or such other document and issue a replacement thereof.(4)The Authority shall return to the holder the original documents specified in sub-regulation 2(b) of this regulation and retain copies thereof and return the replaced certificate or document with the appropriate endorsement.39. Change of address
(1)A holder of a certificate, issued under these Regulations shall notify the Authority of a change in the physical and mailing address and shall do so in the case of—(a)the physical address, at least fourteen days in advance; and(b)the mailing address, upon the change.(2)A person who does not notify the Authority of the change in the physical address within the time frame specified in sub-regulation (1) shall not exercise the privileges of the certificate or authorisation.40. Replacement of documents
A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed.41. Certificate suspension and revocations
(1)The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any document issued, granted or having effect under these Regulations.(2)The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any document issued or granted under these Regulations.(3)The Authority may, where it considers it to be in the public interest, prevent any person from flying an aircraft.(4)A holder or any person having possession or custody of any documents which have been revoked, suspended or varied under these Regulations shall surrender it to the Authority within fourteen days from the date of revocation, suspension or variation.(5)The breach of any condition subject to which any document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.42. Use and retention of certificates and records
(1)A person shall not—(a)use any certificate, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked, or suspended, or to which he is not entitled;(b)forge or alter any certificate, approval, permission, exemption or other document issued or required by or under these Regulations;(c)lend any certificate, approval, permission, exemption or other document issued or required by or under these Regulations to any other person; or(d)make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate, approval, permission or exemption or other document.(2)During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.(3)All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.(4)A person shall not purport to issue any certificate or exemption for the purpose of these Regulations unless he is authorised to do so under these Regulations.(5)A person shall not issue any certificate or exemption referred to in sub-regulation (4) unless he is satisfied that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.43. Reports of violation
(1)Any person who knows of a violation of the 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.44. Enforcement of directions
Any person who fails to comply with any direction given to him/her 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.45. Aeronautical user fees
(1)The Authority will notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder.(2)Upon an application being made in connection with which any 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.46. 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.47. Extra-territorial application of Regulations
Except where the context otherwise requires, the provisions of these Regulations—(a)in so far as they apply (whether by express reference or otherwise) to aircraft registered in Kenya, shall apply to such aircraft wherever they may be;(b)in so far as they apply (whether by express reference or otherwise) to other aircraft, shall apply to such aircraft when they are within Kenya;(c)in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by any person in, or by any of the crew of, any aircraft registered in Kenya, shall apply to such persons and crew, wherever they may be; and(d)in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything in relation to any aircraft registered in Kenya by other persons shall, where such persons are citizens of Kenya, apply to them wherever they may be.Part V – CREW TRAINING
48. Training-General
(1)A holder of an Air Operator Certificate-Agriculture must—(a)establish a training programme to ensure that each person assigned to act as a crew member or a ground crew is conducted in accordance with operator training program;(b)ensure that each crew member and each ground crew member is trained in accordance with the training programme required by paragraph (a); and(c)ensure that the training programme required by paragraph (a) is controlled by the certificate holder.(2)A holder of an adventure aviation operator certificate may—(a)conduct the training programme; or(b)contract with the holder of an aviation training organisation certificate issued under the Act and the Civil Aviation (Approved Training Organisation) Regulations.49. Flight crew and ground crew training programme
(1)A holder of an Air Operator certificate-Agriculture must ensure that the training programme required by the requirements of Flight crew and ground crew training programs that comprises initial training, transition training, and recurrent training that is applicable to—(a)the aircraft type, model, or variant to be used for each adventure aviation operation, including special equipment fitted to the aircraft;(b)the routes, areas, aerodromes and landing areas, appropriate to the intended operation; and(c)the certificate holder’s policies and procedures that are appropriate to its operations.(2)The flight crew training programme must include, where appropriate, both ground and flight instruction utilising an aircraft or when applicable, an approved simulator.(3)The flight crew training programme must be conducted by a flight crew member instructor who meets the requirements of these Regulations.(4)A holder of an adventure aviation operator certificate must ensure that the records required by these Regulations accurately record the training that each flight crew member and ground crew member has received.50. Initial training for crew members and ground crew
A holder of Air Operator certificate-Agriculture must ensure that prior to serving as a crew member or a ground crew member on an aircraft operated under the authority of the certificate, each crew member and each ground crew member completes the initial training segment of the training programme—(a)in a structured manner;(b)in accordance with a syllabus that includes training applicable to—(i)the aircraft type, model, or variant to be used for the intended operation, including special equipment fitted to the aircraft;(ii)the type of operation to be conducted;(iii)the routes, areas, aerodromes and landing areas, appropriate to the intended operation;(iv)crew member and ground crew assignments, functions, and responsibilities;(v)the location and operation of emergency equipment that is available for use by crew members and ground crew;(vi)if appropriate, the location and use of all normal and emergency exits; and(vii)the certificate holder’s policies and procedures that are appropriate to its operations.51. Transition training for crew members and ground crew
(1)A holder of an Air Operator Certificate-Agriculture must ensure that each of its crew members and ground crew members already qualified and serving as a crew member or ground crew member on an Agriculture operation, completes appropriate transition training if—(a)the crew member or ground crew is changing from one aircraft type, model, or variant to another aircraft type, model, or variant;(b)new procedures or equipment are introduced on an existing aircraft type, model, or variant; or(c)new procedures are introduced due to changes in the operations.(2)The transition training must address—(a)the use of all safety and emergency equipment and procedures applicable to the aircraft type, model, or variant; and(b)new procedures or equipment introduced on existing aircraft type, model, or variant; and new procedures applicable.52. Recurrent training for crew members and ground crew
A holder of Air Operator certificate-Agriculture must ensure that each of its crew members and ground crew members remain current and proficient for each aircraft, crew member position, ground crew member position, and type of operation, in which the crew member and ground crew member serves.53. Flight crew member instructor qualifications
A holder of an Air Operator certificate-Agriculture must ensure that a person carrying out the functions of an instructor in its flight crew member training programme under these regulation—(a)has satisfactorily completed the training required by these Regulations to serve as a pilot-in-command or tandem master, as applicable, in the operations conducted;(b)holds an appropriate current instructor rating issued by the Authority; and(c)completes initial and recurrent training applicable to the instruction carried out.54. Training records
A holder of an Air Operator Certificate-Agriculture must ensure that the records required by these Regulations include a record of all the training undertaken by each crew member and ground crew member.Part VI – CREW MEMBER AND GROUND CREW- COMPETENCY REQUIREMENTS
55. Operational competency assessment programme
A holder of an Air Operator Certificate-Agriculture must establish and implement an operational competency assessment programme under this Subpart to ensure that crew members and ground crew members continue to be competent to perform operations conducted under these Regulation.56. Flight crew competency checks
(1)A holder of an Air Operator Certificate-Agriculture must ensure that—(a)each pilot acting as pilot-in-command of an aircraft performing operations under the authority of the certificate has, within the immediately preceding twelve months, passed a competency check, administered by an appropriate flight examiner that—(i)is based on typical operations normally performed by the pilot;(ii)consists of a ground-based procedure check and a flight check including applicable landing area, and aerodrome proficiency checks with one (1) or more landings at an aerodrome or landing area;(iii)establishes that the pilot can satisfactorily perform the duties and responsibilities of a pilot-in-command of an aircraft performing the particular type of operation;(b)each pilot has, within the immediately preceding twelve months, successfully completed a written or oral test of the pilot's knowledge of the following—(i)the relevant Civil Aviation Regulations;(ii)the certificate holder’s operations specifications and exposition;(iii)the aircraft systems, performance, operating procedures, and the content of the flight manual or manufacturer’s operating instructions for each aircraft type or model normally flown by the pilot;(iv)the navigation and Air Traffic Control (ATC) procedures as appropriate to the type of operation normally conducted by the pilot;(v)meteorology relevant to the type of operation normally conducted by the pilot;(vi)special flight operations as appropriate to the type of operation normally conducted by the pilot;(vii)new equipment, procedures, and techniques;(viii)the location and operation of emergency equipment fitted to an aircraft of the type or model normally flown by the pilot; and(c)the flight examiner who administered the check or test required by sub-regulation (1)—(i)certifies in the training record required by these for the pilot that the check or test has been completed and certifies the result of the check or test; and(ii)if the check or test was completed satisfactorily, certifies in the pilot’s logbook under these Regulations satisfactory completion of the check or test;(d)flight crew competency checks are carried out in an aircraft or flight simulator approved for the purpose.57. Crew member and ground crew member competency checks
A holder of an Air Operator Certificate-Agriculture must not use a crew member or ground crew member, and a person must not serve as a crew member or ground crew member, unless within the immediately preceding twelve months the certificate holder has determined, by appropriate initial and recurrent assessment, that the person has adequate knowledge and is competent in the following areas as appropriate—(a)crew member and ground crew assignments, functions, and responsibilities during emergencies;(b)use of cabin equipment and controls; and(c)location and operation of items of emergency equipment.58. Flight examiner qualifications
A holder of an Air Operator Certificate-Agriculture must ensure that each person performing the functions of a flight examiner in an operational competency assessment programme required by these Regulations—(a)holds an aircraft type rating for the aircraft used to conduct the operations;(b)is familiar with the types of operations conducted by the certificate holder;(c)holds an appropriate current flight examiner rating issued by the Authority; and(d)completes initial and recurrent training applicable to the competency check carried out.59. Completion of crew member test or flight check before required date
If a crew member completes a test or flight check within sixty days before the date on which the test or flight check is required, the crew member is deemed to have completed the test or flight check on the date that it is required to be completed.60. Competency and testing records
A holder of an Air Operator Certificate-Agriculture must maintain accurate records of all competency assessments and testing of its crew members and ground crew under these Regulations.Part VII – AGRICULTURAL AIRCRAFT EQUIPMENT
61. General
No person may commence an agricultural aircraft operation unless—(a)the aircraft is equipped with the type and number of equipment required in accordance with these regulations;(b)the equipment installed in the aircraft comply with the relevant specifications and airworthiness design standards specified in the third schedule and alternative specifications or standards acceptable to the Authority;(c)the equipment are installed in accordance with the aircraft manufacturer’s instructions or other instructions acceptable to the Authority;(d)except as may be provided by a MEL approved for use for that aircraft, the instruments and equipment installed in the aircraft are in an operable condition;62. Seating and restraints
The operator of an agricultural aircraft must ensure that the aircraft is equipped with a shoulder harness for each crew seat.63. Additional equipment
The operator of an agricultural aircraft must ensure that the aircraft is equipped with—(a)approved hoppers or spray tanks as applicable;(b)a means of indicating to the pilot the upper level of the hopper contents;(c)a jettison system for aeroplanes equipped with internal hoppers or spray tanks;(d)applicable placarding in accordance with third schedule including—(i)hopper or spray tank maximum structural load as specified in the aircraft flight manual;(iii)flight limitations; andPart VII – AIRWORTHINESS REQUIREMENTS
64. Requirements for maintenance, inspections and appropriate rated personnel
(1)The owner shall ensure that all maintenance and inspections performed on aircraft registered in Kenya shall be conducted in accordance with the Aircraft maintenance programme (AMP) approved by the Authority.(2)The AMP should contain information and be in a format as specified by the Authority.(3)All major repairs and or modifications shall be conducted by an approved maintenance authorization holder, approved repair station or by the aircraft manufacturer.(4)Repairs and modifications not contained in the manufacturer's maintenance manual shall be considered major and will require approval by the Authority prior to such repairs and/or modifications being performed.(5)The owner shall provide two copies of the aircraft maintenance program (AMP) and any subsequent amendments or changes to the Authority for approval.(6)An appropriately certified personnel or organization performing maintenance of aircraft and components shall be responsible for the maintenance tasks being performed.(7)The owner shall grant the Authority access to the aircraft and the aircraft records, in order for the Authority to determine compliance with the requirements of these regulations.65. Responsibility for airworthiness
(1)The aircraft owner shall be responsible for—(a)the airworthiness of its aircraft; and(b)the performance of the maintenance, aft, including appliances, emergency equipment, and parts thereof, in accordance with its manual and the regulations of this chapter.(2)The owner may make arrangements with or contract externally for the performance of any maintenance, preventive maintenance, or alterations, however, this does not relieve the owner of the responsibility specified in sub regulation (1).66. Maintenance support arrangements
(1)The owner shall demonstrate to the Authority that maintenance is carried out to a satisfactory standard.(2)The owner may contract-out his maintenance in full or part to another company approved by the Authority.(3)The owner remains responsible for the safe operation of the aircraft when maintenance is contracted out and must therefore be satisfied with the standards of airworthiness achieved by the contractor.(4)The owner shall monitor the contractor’s response to the provisions of the maintenance agreement, employing such technical resources as are necessary to achieve this task.67. Owner’s Responsibilities
(1)The owner shall establish procedures to ensure—(a)that all appropriate Maintenance Manuals, Service Bulletins, the regulatory requirements or foreign mandatory inspections, modifications publications and any other supporting information necessary for the maintenance of a particular aircraft are available to personnel working on the aircraft(b)that all such publications are kept up-to-date and that the Approved Maintenance Schedule is regularly reviewed to reflect the maintenance requirements of the aircraft;(c)if applicable, the maintenance schedule shall include instructions for continued airworthiness (e.g., recommended inspections or mandatory replacement of parts) to ensure the suitable protection of parts against deterioration or loss of strength, objective pass or fail criteria e.g. applicable wear tolerances should be provided;(d)that all manufacturer’s service information is evaluated and appropriate action taken as considered necessary;(e)that all required scheduled maintenance, mandatory inspection modifications and defect rectifications are carried out;(f)that all technical documentation such as log books, work sheets etc., are maintained in a complete and up-to-date manner;(g)that defects are rectified before the next flight endorsed in the Technical Log Book;(h)that the organization responsible for type certification of each aircraft type (usually the manufacturer) receive adequate reports of all airworthiness occurrences to that type, to enable the issue of appropriate service instructions and recommendations to all operators.(2)The owner shall ensure that a procedure acceptable to the Authority to ensure that—(a)all routine servicing / maintenance is carried out including pre and post flight checks;(b)the defects affecting airworthiness, or the safe operation of the aircraft are recorded in the appropriate Sector Record Page of the Technical Log Book; and(c)defects are rectified before flight by appropriately qualified and authorized persons.(3)The owner shall establish procedures to ensure that the Approved Maintenance Program (AMP) is reviewed periodically with the objective of ensuring that the schedule requirements continue to have practical applicability in the light of experience, utilization and age and adequately meet the maintenance requirements of the aircraft if continuing airworthiness is to be ensured.68. Contracted-Out Maintenance
(1)Contracted arrangements for engineering support and maintenance do not absolve an owner from the overall responsibility for ensuring the safe operation and continuing airworthiness of the aircraft.(2)There must be an agreement in force between the owner and the nominated outstanding maintenance company giving full details of the division of responsibilities for maintenance control.(3)An owner shall nominate a person for liaison purpose on all matters relating to the maintenance agreement and for airworthiness matters affecting the safe operation of the aircraft.(4)The person nominated under sub-regulation (3) shall be responsible to the owner for planning the timely presentation of the aircraft to the maintenance organization for all contracted maintenance.(5)In order to be able to discharge its responsibilities for continued airworthiness and to issue a Maintenance Release, the nominated maintenance organization shall satisfy themselves on a continual basis that the requirements of the Approved Maintenance Program are being complied with.(6)The Agreement shall clearly define the responsibilities for the assessment and incorporation of manufacturer’s Service Information.(7)In its assessment of the overall maintenance support arrangements provided by the Operator, the Authority will examine and may require to hold copies of all agreements, including side letters and addenda, between the parties concerned.(8)Any proposal to change the maintenance arrangements, must be notified to the Authority.(9)Arrangements other than in accordance with this Regulation will need to be specifically agreed with the Authority.(10)The owner shall ensure that the nominated maintenance company competently discharges its responsibilities under the agreement to its satisfaction and is also responsible for demonstrating to the Authority that the maintenance organization meets its responsibilities, insofar as they relate to the contracted work.(11)Whenever an aircraft is presented for scheduled or unscheduled maintenance it is essential that a precise indication is given of the inspections required, all defects known to exist on the aircraft plus any additional work required to be carried out.(12)In exercising its responsibilities for the overall control of maintenance, the owner must be satisfied with the completion and certification of all tasks performed by the nominated maintenance organization.(13)The owner shall have a procedure to ensure that the necessary components or parts are made available or ordered on a priority basis, and that they are fitted on the aircraft before the next flight.69. Technical Record
(1)The owner shall ensure that the completion of the aircraft technical records and—(a)that it is its responsibility to ensure that the hours of service or elapsed times quoted in the approved maintenance program are not exceeded in regards to components and structural assemblies, and that scheduled maintenance periods are adhered to;(b)to record the number of hours or flights, when this information is specified in the approved maintenance program or manufacturer’s manuals as a basis for inspection or other necessary action;(c)to process the foregoing information into the appropriate Log books or equivalent records, to maintain the records and documents concerning overhaul and repair work, component changes, mandatory modifications and inspections.(2)An approved electronic data base program may be used as part of a technical records system with the authorization of the Authority.(3)Procedures should be instituted which will ensure that the electronic records provide storage, preservation and retrieval to the same level as would have been achieved by hard copy records.(4)The Authority’s acceptance of electronic recording does not exempt the operator or his contracted maintenance company from the keeping and retention of records.70. Airworthiness Directives and Manufacturers’ Technical Information
(1)The owner shall have procedures to ensure that Airworthiness Directives (AD’s) are complied with as required.(2)When the manufacturer’s service information is received an immediate assessment shall be made to establish the applicability.(3)A record of all Airworthiness Directives and non-mandatory modifications are to be kept and the record shall list all AD’s generally applicable to the type including those not specifically applicable to the individual aircraft, including the reason for non-applicability.(4)The Operator shall ensure that the relevant aircraft manufacturer is aware that they are users of the aircraft equipment so that all relevant service information, details of in-service experience of the aircraft and amendments to manuals, including the Flight Manual are received and embodied in a timely manner.(5)The owner shall hold and make available to personnel concerned the necessary technical data, e.g. the Civil Aviation Regulations, manufacturer’s manuals, any relevant service information, any other related literature appropriates to the aircraft types operated by the owner certificate and copies of appropriate company manuals, procedures and instructions. A person must be appointed to be responsible for the technical library.(6)Arrangements shall be made for the supply of amendments, so that all publications are kept up-to-date, and of any additional technical information relevant to the work undertaken.(7)Arrangements shall be made for manuals or sections of manuals, schedules, service information, etc., appropriate to the work undertaken, to be made available and a suitable procedure maintained to ensure that such information is kept up to date.71. The Technical Log, The Sector Record Page
(1)A Technical Log shall be kept for any aircraft with a Certificate of Airworthiness and filled in the beginning and at the end of every flight.(2)The aircraft commander shall enter the following details—(a)the times when the aircraft took off and landed;(b)particulars of any defect known if it affects the airworthiness or safe operation of the aircraft(c)any other particulars required by the authority;(d)the commander’s signature and the date; and(e)the technical log may contain maintenance control and flight crew advisory information for use during the routine operation of the aircraft between scheduled maintenance inputs.(3)Each sector record page must include provision to record—(a)the aircraft type and registration;(b)the date, place and times of take-off and landing;(c)the name and address of the owner (the address may be omitted if it is printed on the title page to the log);(d)particulars of defects and rectification action taken;(e)the completion of the pre-flight inspection;(f)the fuel state at departure;(g)a pre-printed maintenance release with provision for a signature, date and authority for issue, in such a position as to be readily identifiable with the defect entry to which it relates;(h)the running total of flying hours so that the flying hours remaining to the next inspection can be readily determined, and the date of such inspection;(i)the post-flight signature of the aircraft commander and the date; and(j)the sector record page layout should be divided to show clearly what is required to be completed after flight and what is required to be completed in preparation for the next flight.72. Retention of records
(1)All entries made in a Technical Logbook Sector Record Page shall be made in triplicate with provision for one copy to be removed from the Technical Log and retained on the ground before the flight commences.(2)It is not reasonably practicable for the Technical Log to be carried on the aircraft flight and the Technical Log should be carried within the recovery vehicle.(3)Arrangements shall be made to extract information recorded in the Sector Record Page for use by the maintenance crew and additional copies of the page may be necessary for this purpose.(4)All entries made on a Technical Logbook shall be retained by the owner for a period of not less than two years after the particular aircraft has been destroyed or permanently withdrawn from service, unless the Authority specifies a different retention period in a particular case.(5)If the certificate owner ceases to be the owner of the aircraft, the certificate owner remains responsible for the transfer of the aircraft records to the new operator.Part VIII – EXEMPTIONS
73. Requirements for application for exemption
(1)A person may apply to the Authority for an exemption from any of these Regulations.(2)An application for an exemption shall be submitted at least sixty days in advance of the proposed effective date.(3)A request for an exemption shall contain the applicant’s—(b)physical address and mailing address;(d)fax number, if available; and(e)email address, if available.(4)The application shall be accompanied by a fee specified by the Authority, for technical evaluation.74. Substance of the request for exemption
(1)An application for an exemption shall contain the following—(a)a citation of the specific requirement from which the applicant seeks exemption;(b)an explanation of why the exemption is needed;(c)a description of the type of operations to be conducted under the proposed exemption;(d)the proposed duration of the exemption;(e)an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole;(f)a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; and(g)a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware.(2)Where the applicant seeks emergency processing, the application shall contain supporting facts and reasons why the application was not filed within the time specified, and the reasons it is an emergency.(3)The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption in the time specified in this Regulations.75. Initial review by the Authority
(1)The Authority shall review the application for accuracy and compliance with the requirements of this Regulations.(2)If the application appears on its face to satisfy the provisions of this regulation and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application either in the Gazette, aeronautical information circular or one local daily newspaper for comment and specify the date by which comments must be received by the Authority for consideration.(3)Where the filing requirements of Regulations 79 and 80 have not been met, the Authority will notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with these Regulations.(4)If the request is for emergency relief, the Authority shall publish the application or the Authority’s decision as soon as possible after processing the application.76. Evaluation of the request
(1)After initial review, if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to determine—(a)whether an exemption would be in the public interest;(b)whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis;(c)whether a grant of the exemption would contravene the applicable International Civil Aviation Organization Standards and Recommended Practices; and(d)whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.(2)The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request.(3)The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.(4)If the exemption affects a significant population of the aviation community of Kenya the Authority shall publish the summary in an aeronautical information circular.Part IX – OFFENCES AND PENALTIES
77. 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.78. 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 X – SAVINGS AND TRANSITIONAL PROVISIONS
79. 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.80. 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 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.