The Civil Aviation (Aerial Work Operations - Agriculture) Regulations, 2025
2. Interpretation
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.Source: Kenya Law