Kenyan legislation

The Civil Aviation (Air Traffic Services) Regulations

Edition: 2022-12-31 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Civil Aviation (Air Traffic Services) Regulations, 2018.

2. Interpretation

In these Regulations, unless the context otherwise requires—"accepting unit" means air traffic control unit next to take control of an aircraft;"accident" means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time it comes to rest at the end of the flight and the primary propulsion system is shut down, in which—

(a)a person is fatally or seriously injured as a result of—

(i)being in the aircraft;

(ii)direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or

(iii)direct exposure to jet blast,

except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew;

(b)the aircraft sustains damage or structural failure which—

(i)adversely affects the structural strength, performance or flight characteristics of the aircraft; and

(ii)would normally require major repair or replacement of the affected component,

except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or

(c)the aircraft is missing or is completely inaccessible.

"accuracy" means a degree of conformance between the estimated or measured value and the true value;"Act" means the Civil Aviation Act (No. 21 of 2013);"automatic Dependent Surveillance - contract (ADS-C) agreement" means a reporting plan which establishes the conditions of ADS-C data reporting, that is data required by the air traffic services unit and frequency of ADS-C reports which have to be agreed to prior to using ADS-C in the provision of air traffic services;"advisory airspace" means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;"advisory route" means a designated route along which air traffic advisory service is available;"aerodrome" means a defined area on land or water including any buildings, installations and equipment intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;"aerodrome control service" means an air traffic control service for aerodrome traffic;"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic;"Aeronautical Information Publication (AIP)" means a publication issued by or with the authority of the Authority and containing aeronautical information of a lasting character essential to air navigation;"aeronautical mobile service" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position indicating radio beacon stations may also participate in this service on designated distress and emergency frequencies;"aeronautical telecommunication station" means a station in the aeronautical telecommunication service;"airborne collision avoidance system (ACAS)" means an aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders;"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-ground communication" means two-way communication between aircraft and stations or locations on the surface of the earth;"AIRMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather phenomena which may affect the safety of low-level aircraft operations and which was not already included in the forecast issued for low-level flights in the flight information region concerned or sub-area thereof;"air-taxiing" means movement of a helicopter/VTOL above the surface of an aerodrome, normally in ground effect and at a ground speed normally less than 37 km/h (20 kts);"air traffic" means all aircraft in flight or operating on the maneuvering area of an aerodrome;"air traffic advisory service" means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans;"air traffic control clearance" means authorization for an aircraft to proceed under conditions specified by an air traffic control unit;"air traffic controller schedule" means a plan for allocating air traffic controller duty periods and non-duty periods over a period of time, otherwise referred to as a roster;"air traffic control service" means a service provided for the purpose of—

(a)preventing collisions—

(i)between aircraft, and

(ii)on the maneuvering area between aircraft and obstructions; and

(b)expediting and maintaining an orderly flow of air traffic;

"air traffic control unit" means a generic term meaning variously, area control centre, approach control unit or aerodrome control tower;"Air Traffic Flow Management (ATFM)" means a service established with the objective of contributing to a safe, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilized to the maximum extent possible and that the traffic volume is compatible with the capacities declared by the appropriate ATS authority;"air traffic service" means a generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service);"air traffic services airspaces" means airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified;"air traffic services reporting office" means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;"air traffic services unit" means a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;"airway" means a control area or portion thereof established in the form of a corridor;"ALERFA" means the code word used to designate an alert phase;"alerting service" means a service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required;"alert phase" means a situation wherein apprehension exists as to the safety of an aircraft and its occupants;"alternate aerodrome" means an aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use;"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level;"approach control service" means air traffic control service for arriving or departing controlled flights;"approach control unit" means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;"appropriate ATS authority" means the relevant authority designated by the State responsible for providing air traffic services in the airspace concerned;"apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fueling, parking or maintenance;"apron management service" means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron;"area control centre" means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;"area control service" means air traffic control service for controlled flights in control areas;"area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground - or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;"area navigation route" means an ATS route established for the use of aircraft capable of employing area navigation;"ATS route" means a specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services;"Authority" means the Kenya Civil Aviation Authority established under section 4 of the Act;"Automatic Dependent Surveillance - Broadcast (ADS-B) "means a means by which aircraft, aerodrome vehicles and other objects can automatically transmit or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;"Automatic Dependent Surveillance - Contract (ADS-C)" means a means by which the terms of an ADS-C agreement will be exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;"Automatic Terminal Information Service (ATIS)" means the automatic provision of current, routine information to arriving and departing aircraft throughout twenty four hours or a specified portion thereof;"Base turn" means a turn executed by the aircraft during the initial approach between the end of the outbound track and the beginning of the intermediate or final approach track;"calendar" means a discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day;"change-over point" means the point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omni-directional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;"clearance limit" means the point to which an aircraft is granted an air traffic control clearance;"conference communications" means communication facilities whereby direct speech conversation may be conducted between three or more locations simultaneously;"control area" means a controlled airspace extending upwards from a specified limit above the earth;"controlled aerodrome" means an aerodrome at which air traffic control service is provided to aerodrome traffic;"controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;"controlled flight" means any flight which is subject to an air traffic control clearance;"Controller-Pilot Data Link Communications (CPDLC)" means a means of communication between controller and pilot, using data link for ATC communications;"control zone" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;"cruising level" means a level maintained during a significant portion of a flight;"Cyclic Redundancy Checks (CRC)" means a mathematical algorithm applied to the digital expression of data that provides a level of assurance against loss or alteration of data;"danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times."Data link-Automatic Terminal Information Service (D-ATIS)" means the provision of ATIS via data link;"data link communications" means a form of communication intended for the exchange of messages via a data link;"Data quality" means a degree or level of confidence that the data provided meets the requirements of the data user in terms of accuracy, resolution and integrity;"Data link-VOLMET (D-VOLMET)" means provision of current aerodrome routine meteorological reports and aerodrome special meteorological reports, aerodrome forecasts, SIGMET, special air reports not covered by a SIGMET and, where available, AIRMET via data link;"Datum" means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;"declared capacity" means a measure of the ability of the ATC system or any of its subsystems or operating positions to provide service to aircraft during normal activities. It is expressed as the number of aircraft entering a specified portion of airspace in a given period of time, taking due account of weather, ATC unit configuration, staff and equipment available, and any other factors that may affect the workload of the controller responsible for the airspace;"destination alternate" means an alternate aerodrome at which an aircraft would be able to land should it become either impossible or inadvisable to land at the aerodrome of intended landing;"DETRESFA" means the code word used to designate a distress phase;"distress phase" means a situation wherein there is reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger or require immediate assistance;"downstream clearance" means a clearance issued to an aircraft by an air traffic control unit that is not the current controlling authority of that aircraft;"duty" means any task that an air traffic controller is required by the air traffic services provider to perform and include tasks performed during time-in-position, administrative work and training;"duty period" means a period which starts when an air traffic controller is required by an air traffic services provider to report for or to commence a duty and ends when that person is free from all duties;"emergency phase" means a generic term meaning, as the case may be, uncertainty phase, alert phase or distress phase;"en-route alternate" means an alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary while en route;"fatigue" means a physiological state of reduced mental or physical performance capability resulting from sleep loss, extended wakefulness, circadian phase, and/or workload (mental or physical activity) that can impair a person's alertness and ability to perform safety-related operational duties;"Fatigue Risk Management System (FRMS)" means a data driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles, knowledge and operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;"Final approach" means that part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified—

(a)at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; or

(b)at the point of interception of the last track specified in the approach procedure; and ends at a point in the vicinity of an aerodrome from which—

(i)a landing can be made; or

(ii)a missed approach procedure is initiated;

"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;"flight information centre" means a unit established to provide flight information service and alerting service;"flight information region" means an airspace of defined dimensions within which flight information service and alerting service are provided;"flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa) , and is separated from other such surfaces by specific pressure intervals;"flight plan" means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;"fly-by waypoint" means a waypoint which requires turn anticipation to allow tangential interception of the next segment of a route or procedure;"flyover waypoint" means a waypoint at which a turn is initiated in order to join the next segment of a route or procedure;"forecast" means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace;"geodetic datum" means a minimum set of parameters required to define location and orientation of the local reference system with respect to the global reference system or frame;"Gregorian calendar" means calendar in general use, first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar;"height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;"human factors principles" means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;"human performance" means a human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;"IFR" means the symbol used to designate the instrument flight rules;"IFR flight" means a flight conducted in accordance with the instrument flight rules;"instrument flight procedure design service" means a service established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation;"IMC" means the symbol used to designate instrument meteorological conditions;"INCERFA" means the code word used to designate an uncertainty phase;"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;"Instrument Meteorological Conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;"integrity (aeronautical data)" means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorized amendment;"Integrity classification (aeronautical data)" means classification based upon the potential risk resulting from the use of corrupted data classified as—

(a)routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

(b)essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe and

(c)critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

"international NOTAM office" means an office designated by the Authority for the exchange of NOTAM internationally;"level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;"maneuvering area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;"meteorological office" means an office designated to provide meteorological service for international air navigation;"movement area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the maneuvering area and the apron;"navigation specification" means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace and consist of the following two kinds—

(a)"Required Navigation Performance (RNP) specification" means a navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, e.g. RNP 4, RNP APCH; and

(b)"Area navigation (RNAV) specification" means a navigation specification based on area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, e.g. RNAV 5, RNAV 1;

"night" means the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunset and sunrise being determined at surface level and includes any time between sunset and sunrise when unlighted aircraft or other prominent unlighted object cannot clearly be seen at a distance of 4,572 m;"non-duty period" means a continuous and defined period of time, subsequent to and/or prior to duty periods, during which the air traffic controller is free of all duties;"NOTAM" means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations:"Obstacle" means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that—

(a)are located on an area intended for the surface movement of aircraft;

(b)extend above a defined surface intended to protect aircraft in flight; or

(c)extend above a defined surface intended to protect aircraft in flight;

"Operator" means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;"Performance-Based Navigation (PBN)" means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;"Performance-based communication (PBC)" means communication based on performance specifications applied to the provision of air traffic services;"Performance-Based Surveillance (PBS)" means surveillance based on performance specifications applied to the provision of air traffic services;"Pilot-in-Command" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight"printed communications" means communications which automatically provide a permanent printed record at each terminal of a circuit of all messages which pass over such circuit;"prohibited area" means airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;"radio navigation service" means a service providing guidance information or position data for the efficient and safe operation of aircraft supported by one or more radio navigation aids;"radiotelephony" means a form of radio communication primarily intended for the exchange of information in the form of speech;"reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;"Required Communication Performance (RCP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based communication;"Required Communication Performance (RCP)" means a statement of the performance requirements for operational communication in support of specific ATM functions;"Required Surveillance Performance (RSP) specification" means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based surveillance;"rescue coordination centre" means a unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region;"restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of Kenya, within which the flight of aircraft is restricted in accordance to certain specified conditions;"runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;"Runway Visual Range (RVR)" means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;"Safety Management System (SMS)" means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;"SIGMET information" means information issued by a meteorological watch office concerning the occurrence or expected occurrence of specified en-route weather and other phenomena in the atmosphere that may affect the safety of aircraft operation;"significant point" means a specified geographical location used in defining an ATS route or the flight path of an aircraft and for other navigation and ATS purposes;"special VFR flight" means a VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC or at night;"State safety programme" means an integrated set of regulations and activities aimed at improving safety;"station declination" means an alignment variation between the zero-degree radial of a VOR and true north, determined at the time the VOR station is calibrated;"strayed aircraft" means an aircraft which has deviated significantly from its intended track or which reports that it is lost;"take-off alternate" means an alternate aerodrome at which an aircraft would be able to land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;"taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;"terminal control area" means a control area normally established at the confluence of ATS routes in the vicinity of one or more major aerodromes;"time-in-position" means the period of time when an air traffic controller is exercising the privileges of the air traffic controller's licence at an operational position;"track" means the projection on the earth's surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid);"traffic avoidance advice" means advice provided by an air traffic services unit specifying maneuvers to assist a pilot to avoid a collision;"traffic information" means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision;"transfer of control point" means a defined point located along the flight path of an aircraft, at which the responsibility for providing air traffic control service to the aircraft is transferred from one control unit or control position to the next;"transferring unit" means air traffic control unit in the process of transferring the responsibility for providing air traffic control service to an aircraft to the next air traffic control unit along the route of flight;"tribunal" means the National Civil Aviation Administrative Review Tribunal established by section 66 of the Act;"uncertainty phase" means a situation wherein uncertainty exists as to the safety of an aircraft and its occupants;"unidentified aircraft" means an aircraft which has been observed or reported to be operating in a given area but whose identity has not been established;"VFR" means the symbol used to designate the visual flight rules;"VFR flight" means a flight conducted in accordance with the visual flight rules."Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;"Voice-Automatic Terminal Information Service (Voice-ATIS)" means provision of ATIS by means of continuous and repetitive voice broadcasts;"VOLMET" means Meteorological information for aircraft in flight; and"Waypoint" means a specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation.

3. Application

(1)These Regulations shall apply to a person providing air traffic services within designated air spaces and at an aerodrome.

(2)These Regulations shall not apply to a person providing air traffic services in the course of his duties to state aircraft.

Part II – GENERAL PROVISIONS

4. Air Navigation Services Provider certificate

A person who wishes to provide Air Traffic services shall have an Air Navigation Services Provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services) Regulations.

5. Establishment of the ATS Provider

(1)The Authority shall determine, those portions of the airspace and those aerodromes where air traffic services shall be provided including territories over which it has jurisdiction.

(2)Air traffic services shall be provided in accordance with these regulations, except that, by mutual agreement, the Authority may delegate to another State the responsibility for establishing and providing air traffic services in flight information regions, control areas or control zones extending over the territory of Kenya.

(3)Those portions of the airspace over the high seas or in airspace of undetermined sovereignty where air traffic services will be provided shall be determined on the basis of regional air navigation agreements.

(4)Where Kenya has accepted the responsibility to provide air traffic services in such portions of airspace referred to in subregulation (3), the Authority shall arrange for those services to be established and provided in accordance with these Regulations.

(5)When it has been determined that air traffic services will be provided, the Authority shall designate the Air Navigation Services Provider to be responsible for providing such services.

(6)Where air traffic services are established, information shall be published in the Aeronautical Information Publication, as necessary to permit the utilization of such services.

6. Objectives of air traffic services

The objectives of the air traffic services shall be to—

(a)prevent collisions between aircrafts;

(b)prevent collisions between aircrafts on the manoeuvring area and obstructions on that area;

(c)expedite and maintain an orderly flow of air traffic;

(d)provide advice and information useful for the safe and efficient conduct of flights;

(e)notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required.

7. Divisions of the air traffic services

Air traffic services provided for the purpose of these Regulations shall comprise—

(a)the air traffic control service—

(i)area control service;

(ii)control service; and

(iii)aerodrome control service.

(b)the flight information service; and

(c)the alerting service.

8. Determination of the need for air traffic services

(1)The need for the provision of air traffic services shall be determined by consideration of the following—

(a)the type of air traffic involved;

(b)the density of air traffic;

(c)the meteorological conditions; and

(d)such other factors as may be relevant.

(2)The requirement for aircraft to carry Airborne Collision Avoidance Systems (ACAS) whilst flying in a given area shall not be considered as a factor in determining the need for air traffic services in that area.

9. Designation of the portions of the airspace and controlled aerodromes where air traffic services will be provided

(1)When it has been determined that air traffic services will be provided in particular portions of the airspace or at particular aerodromes, those portions of the airspace or those aerodromes shall be designated in relation to the air traffic services that are to be provided.

(2)The designation of the particular portions of the airspace or aerodromes shall be as follows—

(a)flight information regions;

(b)control areas and control zones, including—

(i)those portions of the airspace where it is determined that air traffic control service will be provided to IFR flights shall be designated as control areas or control zones;

(ii)those portions of controlled airspace wherein it is determined that air traffic control service will also be provided to VFR flights shall be designated as Classes B, C, or D airspace;

(iii)where designated within a flight information region, control areas and control zones shall form part of that flight information region;

(c)controlled aerodromes;

(d)reduced vertical separation minima airspace;

(e)a sector, if the Authority considers such a designation is necessary to facilitate the provision of air traffic services within the flight information region;

(f)air traffic services routes and significant points along the routes;

(3)The Authority may designate portions of the airspace as special use airspace if it considers such airspace necessary in the interest of safety or national security or for any other reasons in the public interest.

(4)Subject to subregulation (3), special use airspace maybe designated as—

(a)restricted areas;

(b)prohibited areas;

(c)danger areas;

(d)low flying zone; and

(e)flight training area.

(5)The lateral limits of the airspaces designated under this regulation shall be defined by—

(a)WGS-84 geographical coordinates;

(b)prominent geographical lines, circles or any part of a circle of a specified radius or great circle between two points or a parallel of latitude.

(6)The vertical limits of airspaces designated under these Regulations shall be defined by heights, altitudes or flight levels.

(7)The Authority shall publish the designation of particular portions of the airspace in the relevant aeronautical publications.

10. Classification of airspaces

(1)The Authority shall classify designated controlled airspace as specified in the First Schedule.

(2)The Authority shall select airspace classes in accordance with the needs of the State.

(3)The requirements for flights within each class of airspace shall be as set out in the First Schedule.

11. Perfomance based navigation (PBN) operations

(1)An air traffic services provider shall implement performance based navigation within designated airspaces and based navigation aerodromes in accordance with requirements prescribed by the Authority.

(2)The Authority shall prescribe navigation specification requirements for PBN operations on the basis of regional Air Navigation Agreements.

(3)In prescribing navigation specification requirements for PBN operations, the Authority shall consider any limitations arising from navigation infrastructure constraints or specific navigation functionality requirements.

(4)Performance-based navigation operations shall be implemented.

(5)The prescribed navigation specification shall be appropriate to the level of communications, navigation and air traffic services provided in the Nairobi Flight Information Region.

12. Perfomance based communication (PBC) operations

(1)The Authority shall prescribe Required Communication Performance- Performance Specifications when applying performance-based based communication (PBC).

(2)Where applicable, the RCP specifications shall be prescribed on the basis of regional air navigation agreements.

(3)The prescribed RCP specification shall be appropriate to the air traffic services provided in the airspace concerned.

13. Perfomance based surveillance (PBS) operations

(1)The Authority shall prescribe RSP specifications when applying performance-based surveillance (PBS). based surveillance

(2)Where applicable, the RSP specifications shall be prescribed on the basis of regional air navigation agreements.

(3)The prescribed RSP specification shall be appropriate to the air traffic services provided.

(4)The ATS units shall be provided with equipment capable of performance consistent with the prescribed RSP specifications where applicable.

14. Establishment and designation of the units providing air traffic services

The air traffic services shall be provided by units established Establishment and designated as follows—

(a)Flight information centers shall be established to provide flight information service and alerting service within flight information regions, unless the responsibility of providing such services within a flight information region is assigned to an air traffic control unit having adequate facilities for the discharge of such responsibility.

(b)Air traffic control units shall be established to provide air traffic control service, flight information service and alerting service within control areas, control zones and at controlled aerodromes.

15. Specifications for flight information regions, control areas and control zones

(1)Where the delineation of airspace is to be provided in air traffic services, it shall be related to the nature of the route structure and the need for efficient service rather than to national boundaries.

(2)Information regions shall be delineated to cover the whole of the air route structure to be served by such regions.

(3)A flight information region shall include all airspace within its lateral limits except as limited by an upper flight information region.

(4)Where a flight information region is limited by an upper flight information region, the lower limit specified for the upper flight information region shall constitute the upper vertical limit of the flight information region and shall coincide with a VFR cruising level as specified in the First Schedule to the Civil Aviation (Rules of the Air) Regulations, 2018.

(5)Control areas including, inter alia, airways and terminal control areas shall be delineated so as to encompass sufficient air space to contain the flight paths of those IFR flights or portions thereof to which it is desired to provide the applicable parts of the air traffic control service, taking into account the capabilities of the navigation aids normally used in that area.

(6)A lower limit of a control area shall be established at a height above the ground or water of not less than 200 m (700ft).

(7)The lower limit of a control area shall, when practicable and desirable in order to allow freedom of action for VFR flights below the control area, be established at a greater height than the minimum specified in subregulation(6).

(8)When the lower limit of a control area is above 900 m (3000 ft.) Mean Sea Level (MSL), it shall coincide with a VFR cruising level specified in the First Schedule to the Civil Aviation (Rules of the air) regulations 2018.

(9)An upper limit of a control area shall be established when either—

(a)air traffic control service will not be provided above such upper limit; or

(b)the control area is situated below an upper control area, in which case the upper limit shall coincide with the lower limit of the upper control area.

(5)When established, such upper limit shall coincide with a VFR cruising level specified in the First Schedule to the Civil Aviation (Rules of the air) regulations 2018.

16. Flight Information regions or control areas in the upper airspace

Where it is desirable to limit the number of flight information regions or control areas through which high flying aircraft would otherwise have to operate, a flight information region or control area, as appropriate, shall be delineated to include the upper air space within the lateral limits of a number of lower flight information regions or control areas.

17. Control zones

(1)The lateral limits of control zones shall encompass at least Control zones those portions of the airspace, which are not within control areas, containing the paths of IFR flights arriving at and departing from aerodromes to be used under instrument meteorological conditions.

(2)The lateral limits of a control zone shall extend to at least 9.3 km (5 NM) from the centre of the aerodrome or aerodromes concerned in the directions from which approaches may be made.

(3)If a control zone is located within the lateral limits of a control area, it shall extend upwards from the surface of the earth to at least the lower limit of the control area.

(4)If a control zone is located outside of the lateral limits of a control area, an upper limit shall be established.

(5)If it is desired to establish the upper limit of a control zone at a level higher than the lower limit of the control area established above it, or if the control zone is located outside of the lateral limits of a control area, its upper limit shall be established at a level which can easily be identified by pilots.

(6)When the limit in subregulation (5) is above 900 m (3 000 ft.) Mean Sea Level, it shall coincide with a VFR cruising level as described in the First Schedule to the Civil Aviation (Rules of the Air) Regulations, 2018.

18. Identification of air traffic service units and airspace

(1)An area control centre or flight information centre shall be identified by the name of a nearby town or city or geographic feature.

(2)An aerodrome control tower or approach control unit shall be identified by the name of the aerodrome at which it is located.

(3)A control zone, control area or flight information region shall be identified by the name of the unit having jurisdiction over such airspace.

19. Establishment and Identification of ATS routes

(1)When ATS routes are established, a protected airspace Establishment along each ATS route and a safe spacing between adjacent ATS routes shall be provided.

(2)When warranted by density, complexity or nature of the traffic, special routes shall be established for use by low-level traffic, including helicopters operating to and from helidecks on the high seas.

(3)When determining the lateral spacing between routes in sub- regulation (2), account shall be taken of the navigational means available and the navigation equipment carried on board helicopters.

(4)ATS routes shall be identified by designators.

(5)Designators for ATS routes other than standard departure and arrival routes shall be selected in accordance with the principles specified in the Second Schedule.

(6)Standard departure and arrival routes and associated procedures shall be identified in accordance with the principles specified in the Third Schedule.

20. Establishment of change over points

(1)Change-over points shall be established on ATS route segments defined by reference to very high frequency omni-directional change over radio ranges where this will assist accurate navigation along the route segments.

(2)The establishment of change-over points shall be limited to route segments of 110 km (60 NM) or more, except where the complexity of ATS routes, the density of navigation aids or other technical and operational reasons warrant the establishment of change- over points on shorter route segments.

(3)Unless otherwise established in relation to the performance of the navigation aids or frequency protection criteria, the changeover point on a route segment shall be the mid-point between the facilities in the case of a straight route segment or the intersection of radials in the case of a route segment which changes direction between the facilities.

21. Establishment and identification of significant points

(1)Significant points shall be established for the purpose of defining an ATS route or in relation to the requirements of air traffic and identification services for information regarding the progress of aircraft inflight.

(2)Significant points shall be identified by designators.

(3)Significant points shall be established and identified in accordance with the principles specified in the Fourth Schedule.

22. Coordination between the operator and air traffic services

(1)Air traffic services units shall have due regard for the requirements of the operators consequent on their obligations as specified in Civil Aviation (Operation of Aircraft) Regulations.

(2)The ATS units shall make available to the operators or their designated representatives such information as may be available to enable them or their designated presentatives to carry out their responsibilities.

(3)The ATS Units shall provide the operator or a designated representative whenever requested, with messages including position reports in so far as practicable in accordance with locally agreed procedures.

23. Coordination between military authorities and air traffic services

(1)Air traffic services authorities shall establish and maintain close cooperation with military authorities responsible for activities between military that may affect flights of civil aircraft.

(2)Coordination of activities that are potentially hazardous to civil aircraft shall be effected in accordance with regulation 24.

(3)Arrangements shall be made to permit information relevant to the safe and expeditious conduct of flights of civil aircraft to be promptly exchanged between air traffic services units and appropriate military units.

(4)Air traffic services units shall, in accordance with locally agreed procedures, provide appropriate military units with pertinent flight plan and other data concerning flights of civil aircraft.

(5)Air traffic services authorities shall designate any areas or routes where the requirements of Civil Aviation (Rules of the Air) regulations, 2018 concerning flight plans, two-way communications and position reporting apply to all flights to facilitate identification of civil aircraft.

(6)Special procedures shall be established in order to ensure that—

(a)air traffic services units are notified if a military unit observes that an aircraft which is or might be a civil aircraft is approaching or has entered any area in which interception might become necessary;

(b)all possible efforts are made to confirm the identity of the aircraft and to provide it with the navigational guidance necessary to avoid the need for interception.

24. Coordination of activities potentially hazardous to civil aircraft

(1)The arrangements for activities potentially hazardous to civil aircraft, whether over the territory of Kenya or over the high seas, activities shall be coordinated with the appropriate air traffic services authorities.

(2)The coordination shall be effected to permit timely promulgation of information regarding the activities in accordance with the Civil Aviation (Aeronautical Information Services) Regulations, 2018.

(3)lf the appropriate ATS authority is not that of the State where the organization planning the activities is located, initial coordination shall be effected through the ATS authority responsible for the airspace over the State where the organization is located.

(4)The objective of the coordination shall be to achieve the best arrangements which may avoid hazards to civil aircraft and minimize interference with the normal operations of such aircraft.

(5)In determining the arrangements in subregulation (4), the appropriate Air Traffic Services Authorities shall apply the following conditions—

(a)the locations or areas, times and durations for the activities shall be selected as far as possible in order to avoid closure or realignment of established ATS routes, blocking of the most economic flight levels, or delays of scheduled aircraft operations, unless no other options exist;

(b)the size of the airspace designated for the conduct of the activities shall be kept as small as possible;

(c)direct communication between the appropriate ATS authority or air traffic services unit and the organization or unit conducting the activities shall be provided for use in the event that civil aircraft emergencies or other unforeseen circumstances require discontinuation of the activities.

(6)The appropriate ATS authorities shall be responsible for initiating the promulgation of information regarding the activities.

(7)If activities potentially hazardous to civil aircraft take place on a regular or continuing basis, special committees shall be established as required to ensure that the requirements of all parties concerned are adequately coordinated.

(8)Adequate steps shall be taken to prevent emission of laser beams from adversely affecting flight operations subject to the provisions of the Civil Aviation (Aerodrome design and Operation) regulations.

(9)The Air Navigation Service Provider together with the military authorities, through the civil military coordination arrangements, shall establish procedures providing for the flexible use of airspace reserved for military or other special activities in order to provide added airspace capacity and to improve efficiency and flexibility of aircraft operations.

(10)The procedures in subregulation (9) shall permit all airspace users to have safe access to such reserved airspace

25. Aeronautical data

(1)Determination and reporting of air traffic services-related aeronautical data shall be in accordance with the accuracy and integrity requirements specified in Tables I to 5 set out in the Fifth Schedule while taking into account the established quality system procedures.

(2)Accuracy requirements for aeronautical data are based upon a 95 per cent confidence level, and in that respect three types of positional data shall be identified—

(i)surveyed points;

(ii)calculated points derived from mathematical calculations from the known surveyed points of points in space or fixes; and

(iii)declared points.

(3)The Air navigation Service Provider shall ensure that integrity of aeronautical data is maintained throughout the data process from survey or origin to the next intended user.

(4)The validation and verification procedures shall be based on the applicable integrity classification for—

(a)routine data to avoid corruption throughout the processing of the data;

(b)essential data to ensure corruption does not occur at any stage of the entire process and may include additional processes as needed to address potential risks in the overall system architecture to further assure data integrity at this level; and

(c)critical data to assure corruption does not occur at any stage of the entire process and include additional integrity assurance procedures to fully mitigate the effects of faults identified by thorough analysis of the overall system architecture as potential data integrity risks.

(5)Electronic aeronautical data sets shall be protected by the inclusion in the data sets of a 32-bit cyclic redundancy check implemented by the application dealing with the data sets and shall apply to the protection of all integrity levels of data sets as specified in subregulation (4).

(6)Geographical coordinates indicating latitude and longitude shall be determined and reported to the aeronautical information services authority in terms of the World GeodeticSystem-1984(WGS-84) geodetic reference datum, identifying those geographical coordinates which have been transformed into WGS-84 coordinates by mathematical means and whose accuracy of original field work does not meet the requirements in Table 1, of the Fifth Schedule.

(7)The order of accuracy of the field work and determinations and calculations derived there from shall be such that the resulting operational navigation data for the phases of flight will be within the maximum deviations, with respect to an appropriate reference frame, as indicated in the tables contained in Fifth schedule.

26. Coordination between meteorological and air traffic

(1)Meteorological and air traffic services providers shall make arrangements to ensure that aircraft receive the most up-to-date between meteorological information for aircraft operations

(2)Meteorological and air traffic services authorities shall make arrangements where necessary for air traffic personnel to—

(a)report if observed by air traffic services personnel or communicated by aircraft, such other meteorological elements as may be agreed upon in addition to using indicating instruments;

(b)report as soon as possible to the associated meteorological office meteorological phenomena of operational significance, if observed by air traffic services personnel or communicated by aircraft, which have not been included in the aerodrome meteorological report; and

(c)report as soon as possible to the associated meteorological office pertinent information concerning pre-eruption volcanic activity, volcanic eruptions and information concerning volcanic ash cloud.

(3)Area Control Centers and Flight Information Centers shall report the information in subregulation (2)(c) to the associated Meteorological Watch Office and Volcanic Ash Advisory Centers.

(4)Area control centers, flight information centers and associated meteorological watch offices shall maintain close coordination to ensure that information on volcanic ash included in NOTAM and SIGMET messages is consistent.

27. Coordination between aeronautical information services and air traffic services

(1)Aeronautical information services and air traffic responsible for air traffic services shall make arrangements to ensure aeronautical information services units obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information.

(2)Arrangements shall be made between aeronautical information services and air traffic services responsible for air traffic services to report to the responsible aeronautical information services unit, with minimum delay—

(a)information on aerodrome conditions:

(b)the operational status of associated facilities, services and navigation aids within their area of responsibility:

(c)the occurrence of volcanic activity observed by air traffic services personnel or reported by aircraft; and

(d)any other information considered to be of operational significance.

(3)Before introducing changes to the air navigation system, due account shall be taken by the service responsible for such changes of the time needed by the aeronautical information service for the preparation, production and issuance of relevant material for promulgation and to ensure timely provision of the information to the aeronautical information service, close coordination between those services concerned shall be required.

(4)Changes to aeronautical information that affect charts or computer-based navigation systems which qualify to be notified by the Aeronautical Information Regulation and Control (AIRAC) system, shall be as specified in the Civil Aviation (Aeronautical Information Services) Regulations.

(5)Subject to subregulation (4) the predetermined internationally agreed AIRAC effective dates in addition to fourteen days postage time shall be observed by the responsible air traffic services when submitting the raw information or data to aeronautical information services

(6)The air traffic services responsible for the provision of raw aeronautical information or data to the aeronautical information services shall do so while taking into account accuracy and intergity requirements for aeronautical data as specified in the fifth schedule.

28. Minimum flight altitudes

(1)The Authority shall determine and promulgate minimum flight altitutdes for each Air Traffic Service route and control area.

(2)The minimum flight altitudes determined in subregulation (1) shall provide a minimum clearance above the controlling obstacle located within the areas concerned.

29. Services to aircraft in the event of an emergency

(1)An aircraft known or believed to be in a state of emergency, including being subjected to unlawful interference, shall be given maximum consideration, assistance and priority over aircrafts as may be necessitated by the circumstances.

(2)An aircraft equipped with an appropriate data link capability or an SSR transponder to indicate that the aircraft is in a state of emergency, shall operate the equipment as follows—

(a)on Mode A, Code 7700;

(b)on Mode A, Code 7500, to indicate specifically that it is being subjected to unlawful interference;

(c)activate the appropriate emergency or urgency capability of ADS-B or ADS-C; or

(d)transmit the appropriate emergency message via CPDLC.

(3)Human Factors principles shall be observed in communications between Air Traffic Services units and aircraft in the event of an emergency.

(4)The Air Traffic Services units shall attend promptly to requests by an aircraft when an occurrence of unlawful interference with the aircraft takes place or is suspected.

(5)Information pertinent to the safe conduct of the flight as referred to in subregulation (4) shall be transmitted and the necessary action shall be taken to expedite the conduct of all phases of the flight, especially the safe landing of the aircraft.

(6)The Air Traffic Services units in accordance with locally agreed procedures shall immediately inform the appropriate authority designated by the State and exchange necessary information with the operator or its designated representative when an occurrence of unlawful interference with an aircraft takes place or is suspected.

30. Strayed and unidentified aircraft

(1)An air traffic services unit shall take all necessary steps as outlined in subregulations (2) and (3) to assist strayed aircraft and to safeguard its flight as soon as the unit becomes aware of the strayed aircraft.

(2)Where the aircraft's position is not known, the air traffic services unit shall—

(a)attempt to establish two-way communication with the aircraft, unless such communication already exists;

(b)use all available means to determine its position;

(c)inform other ATS units into whose area the aircraft may have strayed or may stray, taking into account all the factors which may have affected the navigation of the aircraft in the circumstances;

(d)inform, in accordance with locally agreed procedures, appropriate military units and provide them with pertinent flight plan and other data concerning strayed aircraft;

(e)request from the units referred to in (c) and (d) and from other aircraft in flight every assistance in establishing communication with the aircraft and determining its position.

(3)When the aircraft's position is established, the air traffic services unit shall—

(a)advise the aircraft of its position and corrective action to be taken; and

(b)provide, as necessary, other ATS units and appropriate military units with relevant information concerning the strayed aircraft and any advice given to that aircraft.

(4)When an air traffic services unit becomes aware of an unidentified aircraft in its area, the air traffic services unit shall endeavour to establish the identity of the aircraft in accordance with locally agreed procedures.

(5)Subject to subregulation (4) the air traffic services unit shall take the following steps—

(a)attempt to establish two-way communication with the aircraft;

(b)inquire of other air traffic services units within the flight information region about the flight and request their assistance in establishing two-way communication with the aircraft;

(c)inquire of air traffic services units serving the adjacent flight information regions about the flight and request their assistance in establishing two-way communication with the aircraft;

(d)attempt to obtain information from other aircraft in the area.

(6)The air traffic services unit shall inform the appropriate military unit as soon as the identity of the aircraft has been established.

(7)The appropriate State agency shall immediately be informed, in accordance with locally agreed procedures when the ATS unit considers that a strayed or unidentified aircraft may be the subject of unlawful interference.

31. Interception of civil aircraft

(1)When an air traffic services unit learns that an aircraft is being intercepted in its area of responsibility, the air traffic services civil aircraft unit shall take the following steps as are appropriate in the circumstances—

(a)attempt to establish two-way communication with the intercepted aircraft via any means available, including the emergency radio frequency 121.5 MHz, unless such communication already exists;

(b)inform the pilot of the intercepted aircraft of the interception;

(c)establish contact with the intercept control unit maintaining two-way communication with the intercepting aircraft and provide it with available information concerning the aircraft;

(d)relay messages between the intercepting aircraft or the intercept control unit and the intercepted aircraft, as necessary;

(e)in close coordination with the intercept control unit take all necessary steps to ensure the safety of the intercepted aircraft;

(f)inform ATS units serving adjacent flight information regions if it appears that the aircraft has strayed from such adjacent flight information regions.

(2)When an air traffic services unit learns that an aircraft is being intercepted outside its area of responsibility, the air traffic services unit shall take the following steps as are appropriate in the circumstances—

(a)inform the ATS unit serving the airspace in which the interception is taking place, providing this unit with available information that will assist in identifying the aircraft and requesting it to take action in accordance with subregulation (1);

(b)relay messages between the intercepted aircraft and the appropriate ATS unit, the intercept control unit or the intercepting aircraft.

32. Time in air traffic services

(1)Air traffic services units shall use Coordinated Universal Time in air traffic Time (UTC) and shall express the time in hours and minutes and, when services required, seconds of the 24-hour day beginning at midnight.

(2)Air traffic services units shall be equipped with clocks indicating the time in hours, minutes and seconds, clearly visible from each operating position in the unit concerned.

(3)Air traffic services unit clocks and other time recording devices shall be checked as necessary to ensure correct time to within plus or minus 30 seconds of UTC.

(4)Wherever data link communications are utilized by an air traffic services unit, clocks and other time-recording devices shall be checked as necessary to ensure correct time to within I second of UTC.

(5)The correct time shall be obtained from a standard time station or, if not possible, from another unit which has obtained the correct time from such station.

(6)Aerodrome control towers shall, prior to an aircraft taxiing for take-off, provide the pilot with the correct time, unless arrangements have been made for the pilot to obtain it from other sources.

(7)Air traffic services units shall provide aircraft with the correct time on request and time checks shall be given to the nearest half minute.

33. Establishment of requirements for carriage and operation of pressure-altitude reporting transponders

The Authority shall establish requirements for carriage and operation of pressure-altitude reporting transponders within defined portions of airspace.

34. Safety management

(1)An air traffic services provider shall establish a safety management system in accordance with the Civil Aviation (Safety Management) Regulations.

(2)Any significant safety-related change to the ATS system, including the implementation of a reduced separation minimum or a new procedure, shall only be effected after a safety assessment has demonstrated that an acceptable level of safety will be met and users have been consulted.

(3)The ATS provider, when appropriate, shall ensure that adequate provision is made for post-implementation monitoring to verify that the defined level of safety continues to be met.

35. Fatigue management

(1)The Authority shall establish procedures for the purpose of managing fatigue in the provision of air traffic control services.

(2)The procedures referred to in subregulation (1) above, shall be based upon scientific principles, knowledge and operational experience, with the aim of ensuring that air traffic controllers perform at an adequate level of alertness.

(2)The Authority shall prescribe—

(a)scheduling limits in accordance with the Seventh Schedule; and

(b)conditions for managing fatigue in accordance with the Eighth Schedule when authorizing air traffic services providers to use a fatigue risk management system (FRMS).

(3)The Authority shall require air traffic services provider, for the purposes of managing its fatigue-related safety risks, establish one of the following—

(a)air traffic controller schedules commensurate with the service(s) provided and in compliance with the Scheduling Limits in subregulation (3(a) above;

(b)an FRMS, in compliance with conditions established by the Authority in accordance with subregulation (3)(b) above, for the provision of all air traffic control services; or

(c)an FRMS, in compliance with conditions established by the Authority in accordance with subregulation (3)(b) above, for a defined part of its air traffic control services in conjunction with schedules in compliance with the Scheduling Limits established in accordance with sub- regulation (3) (a) for the remainder of its air traffic control services.

(5)Where the air traffic services provider complies with Scheduling Limits in the provision of part or all of its air traffic control services in subregulation (3)(a) the Authority shall—

(a)require evidence that the limitations are not exceeded and that non-duty period requirements are met;

(b)require air traffic services provider to familiarize its personnel with the principles of fatigue management and its policies with regard to fatigue management;

(c)establish a process to allow variations from the applicable Scheduling Limits to address any additional risks associated with sudden, unforeseen operational circumstances; and

(d)Where an air traffic services provider demonstrates that any associated risk is managed to a level of safety equivalent to, or better than, that achieved through the applicable Scheduling Limits, the Authority may approve variations to these limits (Part VIII of these Regulations) in order to address strategic operational needs in exceptional circumstances,

(6)Where an air traffic services provider implements an FRMS to manage fatigue-related safety risks in the provision of part or all of its air traffic control services in accordance with subregulation (3)(b), the Authority shall—

(a)require the air traffic services provider to have processes to integrate FRMS functions with its other safety management functions: and

(b)approve an FRMS, according to a documented process, that provides a level of safety acceptable to the Authority.

36. Horizontal reference system

(1)World Geodetic System -1984 shall be used as the horizontal-reference system for air navigation, reference System.

(2)Reported aeronautical geographical coordinates indicating latitude and longitude shall be expressed in terms of the World Geodetic System-1984 geodetic reference datum.

37. Vertical reference system

Mean Sea Level datum, which gives the relationship of gravity-related height or elevation to a surface known as the geoids shall be used as the vertical reference system for air navigation.

38. Temporal reference system

(1)The Gregorian calendar and Coordinated Universal Time shall be used as the temporal reference system for air navigation.

(2)When a different temporal reference system is used, the temporal reference system shall be indicated in Part 1, Section 2.1.2 of the Aeronautical Information Publication.

39. Language profeciency

(1)An air traffic services provider shall ensure that air traffic controllers speak and understand the language(s) used for radiotelephony communications as specified in Civil Aviation (Personnel Licensing) Regulations, 2018.

(2)The English language shall be used for communications between air traffic control units except when conducted in a mutually agreed language.

40. Contingency arrangements

(1)Air traffic services authorities shall develop and promulgate contingency plans for implementation in the event of disruption, or potential disruption, of air traffic services and related supporting services in the airspace for which they are responsible for the provision of such services.

(2)The contingency plans shall be developed with the assistance of International Civil Aviation Organization in coordination with the air traffic services authorities responsible for the provision of services in adjacent portions of airspace and with airspace users concerned.

41. Identification and delienation of prohibited restricted and danger areas

(1)All prohibited, restricted or danger areas shall upon initial establishment, be given identification and full details and be delineation of promulgated by the Authority, prohibited, danger areas.

(2)The identifications assigned shall be used to identify the area in all subsequent notifications pertaining to that area.

(3)The identification shall be composed of a group of letters and figures as follows—

(a)nationality letters for location indicators assigned to the State or territory which has established the airspace;

(b)a letter P for prohibited area, R for restricted area and D for danger area as appropriate; and

(c)a number, unduplicated within the State or territory.

(4)Identification numbers shall not be reused for a period of at least one year after cancellation of the area to which they refer to avoid confusion.

(5)When a prohibited, restricted or danger area is established, the area shall be as small as practicable and be contained within simple geometrical limits, so as to permit ease of reference by all concerned.

42. Instrument flight procedure design service

The Authority shall ensure that an instrument flight procedure design service is in place in accordance with the Sixth Schedule.

Part III – AIR TRAFFIC CONTROL SERVICE

43. Application of Air traffic control service

Air traffic control service shall be provided to all—

(a)IFR flights in airspace Classes A, B, C, D and E;

(b)VFR flights in airspace Classes B, C and D;

(c)special VFR flights; and

(d)aerodrome traffic at controlled aerodromes.

44. Provision of air traffic control service

The parts of air traffic control service described in regulation 6 (1) shall be provided by the various units as follows—

(a)area control service—

(b)by an area control centre; or

(c)by the unit providing approach control service in a control zone or in a control area of limited extent which is designated primarily for the provision of approach control service and where no area control centre is established.

(b)approach control service—

(i)by an aerodrome control tower or area control centre when it is necessary or desirable to combine under the responsibility of one unit the functions of the approach control service with those of the aerodrome control service or the area control service;

(ii)by an approach control unit when it is necessary or desirable to establish a separate unit;

(c)aerodrome control service by an aerodrome control tower.

45. Operation of air traffic control service

(1)An air traffic control unit, in order to provide air traffic control service shall—

(a)be provided with information on the intended movement of each aircraft, or variations there from, and with current information on the actual progress of each aircraft;

(b)determine from the information received, the relative positions of known aircraft to each other;

(c)issue clearances and information for the purpose of preventing collision between aircraft under its control and of expediting and maintaining an orderly flow of traffic;

(d)co-ordinate clearances as necessary with other units—

(i)whenever an aircraft might otherwise conflict with traffic operated under the control of such other units;

(ii)before transferring control of an aircraft to such other units.

(2)Information on aircraft movements, together with a record of air traffic control clearances issued to such aircraft, shall be so displayed as to permit ready analysis in order to maintain an efficient flow of air traffic with adequate separation between aircraft.

(3)Clearances issued by air traffic control units shall provide—

(a)all flights in airspace Classes A and B;

(b)IFR flights in airspace Classes C, D and E;

(c)IFR flights and VFR flights in airspace Class C;

(d)IFR flights and special VFR flights;

(e)special VFR flights when so prescribed by the appropriate ATS authority.

(4)A flight may be cleared without separation being provided in respect of a specific portion of the flight conducted in visual meteorological conditions when requested by an aircraft and if so prescribed by the appropriate ATS authority for the cases listed under subregulation (3)(b) in airspace Classes D and E.

(5)Separation by an air traffic control unit shall be obtained by at least one of the following—

(a)vertical separation, obtained by assigning different levels selected from—

(i)the appropriate table of cruising levels described in the Civil Aviation (Rules of the air) Regulations, 2018; or

(ii)a modified table of cruising levels, when so prescribed in accordance with the Civil Aviation (Rules of the air) Regulations, 2018 for flight above FL4I0, except that the correlation of levels to track as prescribed therein shall not apply whenever otherwise indicated in appropriate aeronautical information publications or air traffic control clearances;

(b)horizontal separation, obtained by providing—

(i)longitudinal separation, by maintaining an interval between aircraft operating along the same, converging or reciprocal tracks, expressed in time or distance; or

(ii)lateral separation, by maintaining aircraft on different routes or in different geographical areas;

(c)composite separation, consisting of a combination of vertical separation and one of the other forms of separation contained in subregulation (6)(b) using minima for each which may be lower than, but not less than half of, those used for each of the combined elements when applied individually.

(6)Composite separation shall only be applied on the basis of regional air navigation agreements.

(7)A programme shall be instituted, on a regional basis, for monitoring the height-keeping performance of aircraft operating at a reduced vertical separation minimum of 300 m (1 000 ft.) is applied between FL 290 and FL 410 inclusive, in order to ensure that the continued application of this vertical separation minimum meets the safety objectives.

(8)The scope of regional monitoring programmes shall be adequate to conduct analyses of aircraft group performance and evaluate the stability of altimetry system error.

(9)Where RCP/RSP specifications are applied, programmes shall be instituted for monitoring the performance of the infrastructure and the participating aircraft against the appropriate RCP and/or RSP specifications, to ensure that operations in the applicable airspace continue to meet safety objectives.

(10)The scope of monitoring programmes shall be adequate to evaluate communication or surveillance performance, as applicable.

(11)The scope of monitoring programmes shall be adequate to evaluate communication or surveillance performance, as applicable.

46. Separation minima

(1)The selection of separation minima for application within a given portion of airspace shall be as follows—

(a)the separation minima shall be selected from those prescribed by the provisions of the PANS-ATM and the Regional Supplementary Procedures as applicable under the prevailing circumstances except that, where types of aids are used or circumstances prevail which are not covered by these Regulations, other separation minima shall be established, as necessary, by—

(i)the appropriate ATS authority following consultation with operators, for routes or portions of routes contained within the sovereign airspace of Kenya;

(ii)regional air navigation agreements for routes or portions of routes contained within airspace over the high seas;

(b)the selection of separation minima shall be made in consultation between the appropriate ATS authorities responsible for the provision of air traffic services in neighbouring airspaces when—

(i)traffic passes from one into the other of the neighbouring airspaces;

(ii)routes are closer to the common boundary of the neighbouring airspaces than the separation minima applicable in the circumstances.

(2)Details of the selected separation minima and of their areas of application shall be notified—

(a)to the ATS units concerned; and

(b)to pilots and operators through aeronautical information publications, where separation is based on the use by aircraft of specified navigation aids or specified navigation techniques.

47. Responsibility for control

(1)A controlled flight shall be under the control of only one air traffic control unit at any given time.

(2)Responsibility for the control of all aircraft operating within a given block of airspace shall be vested in a single air traffic control unit.

(3)The control of an aircraft or groups of aircraft may be delegated to other air traffic control units provided that coordination between all air traffic control units concerned is assured.

48. Place or time of transfer

The responsibility for the control of an aircraft shall be transferred from one air traffic control unit to another in accordance with the principles specified in the Ninth Schedule.

49. Coordination of transfer

(1)Responsibility for control of an aircraft shall not be transferred from one air traffic control unit to another without the consent of the accepting control unit.

(2)The consent of the accepting control unit shall be obtained in accordance with the principles specified in the Ninth Schedule.

50. Air traffic control clearance

Air traffic control clearances shall be based solely on the requirements for providing air traffic control service.

51. Contents of clearances

(1)An air traffic control clearance shall indicate—

(a)aircraft identification as shown in the flight plan;

(b)clearance limit;

(c)route off light;

(d)level(s) of flight for the entire route or part of the route and changes of levels if required;

(e)any necessary instructions or information on other matters such as approach or departure maneuvers, communications and the time of expiry of the clearance.

(2)Standard departure and arrival routes and associated procedures shall be established when necessary to facilitate—

(a)the safe, orderly and expeditious flow of air traffic;

(b)the description of the route and procedure in air traffic control clearances

52. Clearances for transonic flight

(1)The air traffic control clearance relating to the transonic acceleration phase of a supersonic flight shall extend at least to the end transonic flight of that phase.

(2)The air traffic control clearance relating to the deceleration and descent of an aircraft from supersonic cruise to subsonic flight shall provide for uninterrupted descent, at least during the transonic phase.

53. Read-back of clearances and safety-related information

(1)The flight crew shall read back to the air traffic controller safety-related parts of Air Traffic Control clearances and instructions which are transmitted by voice

(2)The flight crew shall read back the following items of Air Traffic Control clearances and instructions—

(a)ATC route clearances;

(b)clearances and instructions to enter, land on, takeoff from, hold short of, cross and backtrack on any runway; and

(c)Runway-in-use, altimeter settings, SSR codes, level instructions, heading and speed instructions and, whether issued by the controller or contained in ATIS broadcasts, transition levels.

(3)Other clearances or instructions, including conditional clearances, shall be read back or acknowledged in a manner to clearly indicate that they have been understood and will be complied with.

(4)The controller shall listen to the read-back to ascertain that the clearance or instruction has been correctly acknowledged by the flight crew and shall take immediate action to correct any discrepancies revealed by the readback

(5)Unless specified by the appropriate Air Traffic Services Authority, voice read-back of Controller Pilot Data Link Communication messages shall not be required.

54. Coordination of clearances

(1)An air traffic control clearance shall be coordinated between air traffic control units to cover the entire route of an aircraft or a specified portion of the route.

(2)An aircraft shall be cleared for the entire route to the aerodrome of first intended landing—

(a)when it has been possible, prior to departure, to coordinate the clearance between all the units under whose control the aircraft will come; or

(b)when there is reasonable assurance that prior coordination will be effected between those units under whose control the aircraft will subsequently come.

(3)When coordination as in subregulation (2) has not been achieved or is not anticipated, the aircraft shall be cleared only to that point where coordination is reasonably assured and prior to reaching such point, or at such point, the aircraft shall receive further clearance, holding instructions being issued as appropriate.

(4)When prescribed by the appropriate Air Traffic Services authority, aircraft shall contact a downstream air traffic control unit, for the purpose of receiving a downstream clearance prior to the transfer of control point.

(5)Aircraft shall maintain the necessary two-way communication with the current air traffic control unit while obtaining a downstream clearance.

(6)A clearance issued as a downstream clearance shall be clearly identifiable as such to the pilot.

(7)Downstream clearances shall not affect the aircraft's original flight profile in any airspace, other than that of the air traffic control unit responsible for the delivery of the downstream clearance unless the downstream clearance has been coordinated.

(8)Where data link communications are used to facilitate downstream clearance delivery, two-way voice communications between the pilot and the air traffic control unit providing the downstream clearance shall be available.

(9)When an aircraft intends to depart from an aerodrome within a control area to enter another control area within a period of thirty minutes or such other specific period of time as has been agreed between the area control centers concerned, coordination with the subsequent area control centre shall be effected prior to issuance of the departure clearance.

(10)When an aircraft intends to leave a control area for flight outside controlled airspace, and re-enter the same or another control area, a clearance from point of departure to the aerodrome of first intended landing shall be issued.

(11)Clearance or revisions referred to in subregulation (10) shall apply only to those portions of the flight conducted within controlled airspace.

55. Air traffic flow management

(1)Air traffic flow management shall be implemented for airspace where air traffic demand at times exceeds, or is expected to management exceed, the declared capacity of the air traffic control services concerned.

(2)Air traffic flow management shall be implemented on the basis of regional air navigation agreements or, if appropriate, through multilateral agreements and such agreements shall make provision for common procedures and common methods of capacity determination.

(3)When it becomes apparent to an ATC unit that traffic additional to that already accepted cannot be accommodated within a given period of time at a particular location or in a particular area, or can only be accommodated at a given rate, that unit shall so advise the ATFM unit, when such is established, as well as, when appropriate, ATS units concerned.

(4)Flight crews of aircraft destined to the location or area in question and operators concerned referred to in subregulation (3) shall also be advised of the delays expected or the restrictions that will be applied.

56. Control of persons and vehicles at aerodromes

(1)The movement of persons or vehicles including towed aircraft on the maneuvering area of an aerodrome shall be controlled by persons and the aerodrome control tower to avoid hazard to them or to aircraft landing, taxiing or taking off.

(2)In conditions where low visibility procedures are in operation—

(a)persons and vehicles operating on the maneuvering area of an aerodrome shall be restricted to the essential minimum, and particular regard shall be given to the requirements to protect the Instrument Landing System or Micro Landing System sensitive areas when Category II or Category III precision instrument operations are in progress;

(b)subject to subregulation (3), the minimum separation between vehicles and taxiing aircraft shall be as prescribed by the appropriate Air Traffic Service Authority taking into account the aids available;

(c)when mixed Instrument Landing System or Micro Landing System Category II or Category III precision instrument operations are taking place to the same runway continuously, the more restrictive Instrument Landing System or Micro Landing System critical and sensitive areas shall be protected.

(3)Emergency vehicles proceeding to the assistance of an aircraft in distress shall be afforded priority over all other surface movement traffic.

(4)Subject to subregulation (3), vehicles on the maneuvering area shall be required to comply with the following rules—

(a)vehicles and vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxiing;

(b)vehicles shall give way to other vehicles towing aircraft;

(c)vehicles shall give way to other vehicles in accordance with Air Traffic Services unit instructions;

(d)notwithstanding subregulations (4)(a), (b) and (c), vehicles and vehicles towing aircraft shall comply with instructions issued by the aerodrome control tower.

(5)The Air Traffic Services provider shall establish runway safety programmes to enhance runway safety using collaborative approach that involves; regulators, aircraft operators, aerodrome operators and air navigation service providers.

57. Provisions of radar and ADS-B

Radar and ADS-B ground systems shall provide for the Provision of display of safety-related alerts and warnings, including conflict alert, conflict prediction, minimum safe altitude warning and unintentionally duplicated SSR codes.

58. Use of surface movement radar

In the absence of visual observation of all or part of the maneuvering area or to supplement visual observation, Surface movement radar provided in the Civil Aviation (Aerodromes) Regulations, 2018 or other suitable surveillance equipment, shall be utilized to—

(a)monitor the movement of aircraft and vehicles on the maneuvering area;

(b)provide directional information to pilots and vehicle drivers as necessary; and

(c)provide advice and assistance for the safe and efficient movement of aircraft and vehicles on the maneuvering area.

59. Application of Flight Information Service

(1)Flight information service shall be provided to all aircraft which are likely to be affected by the information and which are—

(a)provided with air traffic control service; or

(b)otherwise known to the relevant air traffic services units.

(2)Where air traffic services units provide both flight information service and air traffic control service, the provision of air traffic control service shall have precedence over the provision of flight information service whenever the provision of air traffic control service so requires.

60. Scope of flight information service

(1)Flight information service shall include the provision of pertinent—

(a)SIGMET and AIRMET information;

(b)information concerning pre-eruption volcanic activity, volcanic eruptions and volcanic ash clouds;

(c)information concerning the release into the atmosphere of radioactive materials or toxic chemicals;

(d)information on changes in the availability of radio navigation services;

(e)information on changes in condition of aerodromes and associated facilities, including information on the state of the aerodrome movement areas when they are affected by significant depth of water;

(f)information on unmanned free balloons; and

(g)any other information likely to affect safety.

(2)Flight information service provided to flights shall include, in addition to that outlined in subregulation (1), the provision of information concerning—

(d)weather conditions reported or forecast at departure, destination and alternate aerodromes;

(e)collision hazards, to aircraft operating in airspace Classes C, D, E, F and G as specified in the First Schedule;

(f)for flight over water areas, in so far as practicable and when requested by a pilot, any available information such as radio call sign, position, true track, speed, etc., of surface vessels in the area.

(3)Air Traffic Services units shall transmit as soon as practicable, special air-reports to other aircraft concerned, to the associated meteorological office, and to other Air Traffic Services units concerned.

(4)Transmissions to air craft referred in subregulation (3) shall be continued for a period to be determined by agreement between the meteorological and air traffic services authorities concerned.

(5)Flight information service provided to VFR flights shall include, in addition to that outlined in subregulation (1), the provision of available information concerning traffic and weather conditions along he route of flight that are likely to make operation under the visual flight rules impracticable.

Part IV – OPERATIONAL FLIGHT INFORMATION SERVICE BROADCASTS

61. Application of operational flight information service broadcasts

(1)The meteorological information and operational concerning radio navigation services and aerodromes operational flight included in the flight information service shall, whenever available, be information service provided in an operationally integrated form, broadcasts.

(2)Where integrated operational flight information messages are to be transmitted to aircraft, they shall be transmitted with the content and, where specified, in the sequence indicated, for the various phases of flight.

(3)Operational flight information service broadcasts, when provided, shall consist of messages containing integrated information regarding selected operational and meteorological elements appropriate to the various phases of flight.

(4)The broadcasts referred to in subregulation (3) are—

(i)High Frequency,

(ii)Very High Frequency; and

(iii)Automatic Terminal Information Service.

(5)Licable Operational flight information service messages shall be transmitted by the appropriate Air Traffic Services unit when requested by the pilot.

62. High Frequency operational flight information service broadcasts

(1)High Frequency operational flight information service broadcasts shall be provided when it has been determined by regional operational flight air navigation agreements that a requirement exists.

(2)Whenever such High Frequency operational flight information service broadcasts are provided—

(a)the information shall be in accordance with subregulation(s) as applicable and subject to regional air navigation agreements;

(b)the aerodromes for which reports and forecasts are to be included shall be as determined by regional air navigation agreements;

(c)the time-sequencing of stations participating in the broadcast shall be as determined by regional air navigation agreements;

(d)the High Frequency operational flight information service broadcast message shall take into consideration human performance;

(e)the broadcast message shall not exceed the length of time allocated for it by regional air navigation agreements, care being taken that the readability is not impaired by the speed of the transmission;

(f)each aerodrome message shall be identified by the name of the aerodrome to which the information applies;

(g)when information has not been received in time for a broadcast, the latest available information shall be included together with the time of that observation;

(h)the full broadcast message shall be repeated if this is feasible within the remainder of the time allotted to the broadcasting station;

(i)the broadcast information shall be updated immediately a significant change occurs; and

(j)the High Frequency operational flight information service message shall be prepared and disseminated by the most appropriate unit(s) as designated by the Authority.

(3)High Frequency operational flight information service broadcast messages shall contain the following information in the sequence indicated or as determined by regional air navigation agreements—

(a)en-route weather information—Information on significant en-route weather phenomena shall be in the form of available Significant Meteorological Information as prescribed in the Civil Aviation (Meteorological Services for Air Navigation) Regulations, 2018;

(b)Aerodrome information including—

(i)name of aerodrome;

(ii)time of observation;

(iii)essential operational information;

(iv)surface wind direction and speed;

(v)appropriate, maximum wind speed;

(vi)visibility and, when applicable ,runway visual range (RVR);

(vii)present weather;

(viii)cloudbelow 1500m(5000ft)or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available; and aerodrome forecast.

63. VHF operational flight information service broadcasts

(1)Very High Frequency operational flight information service broadcasts shall be provided as determined by regional air flight information navigation agreements.

(2)Whenever Very High Frequency operational flight information service broadcasts are provided—

(a)the aerodromes for which reports and forecasts are to be included shall be as determined by regional air navigation agreements;

(b)each aerodrome message shall be identified by the name of the aerodrome to which the information applies;

(c)when information has not been received in time for a broadcast, the latest available information shall be included together with the time of that observation

(d)the broadcasts shall be continuous and repetitive;

(e)the Very High Frequency Operational Flight Information Service broadcast message shall take into consideration human performance;

(f)the broadcast message shall, whenever practicable, not exceed five minutes, care being taken that the readability is not impaired by the speed of the transmission;

(g)the broadcast message shall be updated on a scheduled basis as determined by regional air navigation agreements and shall be updated immediately a significant change occurs; and

(h)the Very High Frequency Operational Flight Information Service message shall be prepared and disseminated by the most appropriate unit as designated by the Authority.

(3)Very High Frequency operational flight information service broadcast messages shall contain the following information in the sequence indicated—

(a)name of aerodrome;

(b)time of observation;

(c)landing runway;

(d)significant runway surface conditions and, if appropriate, braking action;

(e)changes in the operational state of the radio navigation services, if appropriate;

(f)holding delay, if appropriate;

(g)surface wind direction and speed; if appropriate, maximum wind speed;

(h)visibility and, when applicable, runway visual range;

(i)present weather;

(j)cloud below 1 500 m (5 000 ft) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility, when available;

(k)air temperature;

(l)dew point temperature;

(m)QNH altimeter setting;

(n)Supplementary information on recent weather of operational significance and, where necessary, wind shear;

(o)trend forecast, when available; and

notice of current Significant Meteorological Information messages.

64. Voice-automatic terminal information service broadcasts.

(1)Voice-automatic terminal information service broadcasts shall be provided at aerodromes where there is a requirement to reduce the communication load on the Air Traffic Service Very High Frequency air-ground communication channels, broadcasts.

(2)When provided, Voice-automatic terminal information service broadcast shall comprise—

(a)one broadcast serving arriving air craft;

(b)one broadcast serving departing aircraft;

(c)one broadcast serving both arriving and departing air craft; or

(d)two broadcasts serving arriving and departing aircraft respectively at those aerodromes where the length of a broadcast serving both arriving and departing aircraft would be excessively long.

(3)A discrete Very High Frequency shall, whenever practicable, be used for Voice-ATIS broadcasts.

(4)If a discrete frequency is not available, the transmission may be made on the voice channel of the most appropriate terminal navigation aid, preferably a Very High Frequency Omni-directional Radio Range provided the range and readability are adequate and the identification of the navigation aid is sequenced with the broadcast so that the latter is not obliterated.

(5)Voice-automatic terminal information service broadcasts shall not be transmitted on the voice channel of an Instrument Landing System.

(6)Whenever Voice-automatic terminal information service is provided, the broadcast shall be continuous and repetitive.

(7)The information contained in the current broadcast shall immediately be made known to the Air Traffic Services unit concerned with the provision to aircraft of information relating to approach, landing and take-off, whenever the message has not been prepared by that unit.

(8)Voice-automatic terminal information service broadcasts provided at designated aerodromes for use by international air services shall be available in the English language as a minimum.

(9)Where Voice-automatic terminal information service broadcasts are available in more than one language, a discrete channel shall be used for each language.

(10)The Voice-automatic terminal information service broadcast message shall, whenever practicable, not exceed thirty seconds, care being taken that the readability of the automatic terminal information service message is not impaired by the speed of the transmission or by the identification signal of a navigation aid used for transmission of automatic terminal information service and the broadcast message shall take into consideration human performance.

65. Data - link automatic terminal information service

(1)The information shall be identical in both content and format to the applicable Voice-automatic terminal information broadcast where a Data link-automatic terminal information service supplements the existing availability of Voiceautomatic terminal service.

(2)The content, for the purpose of maintaining the same designator, shall be considered identical where real-time meteorological information is included but the data remains within the parameters of the significant change criteria.

(3)Voice-automatic terminal information service and Data link-automatic terminal information service shall be updated simultaneously where a Data link-automatic terminal information service supplements the existing availability of Voice-automatic terminal information service and the automatic terminal information service requires updating.

66. Automatic terminal information service (voice or data link)

(1)Whenever Voice-automatic terminal information service or Data ink-automatic terminal information service is provided—

(a)the information communicated shall relate to a single aerodrome;

(b)the information communicated shall be updated immediately a significant change occurs;

(c)the preparation and dissemination of the automatic terminal information service message shall be the responsibility of the air traffic services;

(d)individual automatic terminal information service messages shall be identified by a designator in the form of a letter of the International Civil Aviation Organization spelling alphabet and designators assigned to consecutive automatic terminal information service message shal Ibein alphabetical order;

(e)aircraft shall acknowledge receipt of the information upon establishing communication with the Air Traffic Services unit providing approach control service or the aerodrorne control tower, as appropriate;

(f)the appropriate Air Traffic Services unit shall, when replying to the message in subregulation (e) or, in the case of arriving aircraft, at such other time as may be prescribed by the appropriate Air Traffic Services Authority, provide the aircraft with the current altimeter setting; and

(g)the meteorological information shall be extracted from the local meteorological routine or special report.

(2)The automatic terminal information service messages shall indicate that the relevant weather information will be given on initial contact with the appropriate Air Traffic Services unit when rapidly changing meteorological conditions make it inadvisable to include a weather report in the automatic terminal information service.

(3)Information contained in a current automatic terminal information service, the receipt of which has been acknowledged the aircraft concerned, need not be included in a directed transmission to the aircraft, with the exception of the altimeter setting, which shall be provided in accordance with subregulation (l)(f).

(4)If an aircraft acknowledges receipt of an automatic terminal information service that is no longer current, any element of information that needs updating shall be transmitted to the aircraft without delay.

(5)Contents of automatic terminal information service shall be kept as brief as possible and information additional to that specified in Regulations 67, 68 and 69 shall only be included when justified in exceptional circumstances.

67. Automatic terminal information service for arriving and departing aircraft

Automatic terminal information service messages containing both arrival and departure information shall contain the following elements of information in the order listed—

(i)name of aerodrome;

(ii)arrival or departure indicator;

(iii)type, if communication is via Data link-automatic terminal information service;

(iv)designator;

(v)time of observation, if appropriate;

(vi)type of approach to be expected;

(vii)the runway in use;

(viii)status of arresting system constituting a potential hazard, if any;

(ix)significant runway surface conditions and, if appropriate, braking action;

(x)holding delay, if appropriate;

(xi)transition level, if applicable;

(xii)other essential operational information;

(xiii)surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

(xiv)visibility and, when applicable, Runway Visual Range;

(xiv)present weather;

(xvi)cloud below 1 500 m (5 000 ft.) or below the highest minimum sector altitude, whichever is greater; cumulonimbus; if the sky is obscured, vertical visibility when available;

(xvii)air temperature

(xviii)dew point temperature;

(xix)altimeter settings;

(xx)any available information on significant meteorological phenomena in the approach and climb-out areas including wind shear, and information on recent weather of operational significance;

(xxi)trend forecast, when available; and

(xxii)specific automatic terminal information service instructions.

68. Automatic terminal information service for arriving aircraft

Automatic terminal information service messages containing arrival information only shall contain the following elements of information in the order listed—

(a)name of aerodrome;

(b)arrival indicator;

(c)contract type, if communication is via Data link-automatic terminal information service;

(d)designator;

(e)time of observation, if appropriate;

(f)type of approach to be expected;

(g)main landing runway(s); status of arresting system constituting a potential hazard, if any;

(h)significant runway surface conditions and, if appropriate, braking action;

(j)holding delay, if appropriate;

(k)transition level, if applicable;

(l)other essential operational information;

(m)surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

(n)visibility and, when applicable, Runway Visual Range;

(o)present weather;

(p)cloud below 1 500 m (5 000 ft.) or below the highest minimum sector altitude, whichever is greater;cumulonimbus; if the sky is obscured, vertical visibility when available;

(q)air temperature;

(r)dew point temperature;

(s)altimeter settings;

(t)any available information on significant meteorological phenomena in the approach area including wind shear, and information on recent weather of operational significance;

(u)trend forecast, when available; and

(v)specific automatic terminal information service instructions.

69. Automatic terminal information service for departing aircraft

Automatic terminal information service messages containing departure information only shall contain the following elements of information in the order listed—

(a)name of aerodrome;

(b)departure indicator;

(c)contract type, if communication is via Data link-automatic terminal information service;

(d)designator;

(e)time of observation, if appropriate;

(f)runway to be used for take-off: status of arresting system constituting a potential hazard, if any;

(g)significant surface conditions of runway to be used for take- off and, if appropriate, braking action;

(h)departure delay, if appropriate;

(i)transition level, if applicable;

(j)other essential operational information;

(k)surface wind direction and speed, including significant variations and, if surface wind sensors related specifically to the sections of runway(s) in use are available and the information is required by operators, the indication of the runway and the section of the runway to which the information refers;

(l)visibility and, when applicable, Runway Visual Range;

(m)present weather;

(n)cloud below 1 500 m (5 000 ft.) or below the highest minimum sector altitude, whichever is greater;cumulonimbus; if the sky is obscured, vertical visibility when available;

(o)air temperature;

(p)dew point temperature;

(q)altimeter settings;

(r)any available information on significant meteorological phenomena in the climb-out area including wind shear;

(s)trend forecast, when available; and

(t)specific automatic terminal information service instructions.

70. VOLMET broadcasts and D-VOLMET service

(1)High Frequency or Very High Frequency VOLMET VOLMET broadcasts or D-VOLMET service shall be provided when it has been determined by regional air navigation agreements that a requirement exists.

(2)VOLMET broadcasts shall use standard radiotelephony phraseologies.

Part V – ALTERING SERVICE

71. Application of Alerting Service

(1)Air Traffic Services units shall provide alerting service—

(a)for all aircraft provided with air traffic control service;

(b)in so far as practicable. to all other aircraft having filed a flight plan or otherwise known to the air traffic services; and

(c)to any aircraft known or believed to be the subject of unlawful interference.

(2)Flight information centers or area control centers shall serve as the central point for collecting all information relevant to a state of emergency of an aircraft operating within the Nairobi flight information region or control area concerned and for forwarding such information to the rescue coordination centre

(3)In the event of a state of emergency arising to an aircraft while it is under the control of an aerodrome control tower or approach control unit, such unit shall notify immediately the flight information centre or area control centre responsible which shall in turn notify the rescue coordination centre.

(4)The notification referred in sub regulation (3) shall not be required when the nature of the emergency is such that the notification would be unnecessary.

(5)Where the urgency of the situation so requires, the aerodrome control tower or approach control unit responsible shall first alert and take other necessary steps to set in motional appropriate local rescue and emergency organizations which can give the immediate assistance required.

72. Notification of rescue coordination centres

(1)Without prejudice to any other circumstances that may of render such notification advisable, air traffic services units shall, rescue except as prescribed in regulation 75(1), notify rescue coordination coordination centers immediately an aircraft is considered to be in a state of emergency in accordance with the following—

(a)Uncertainty phase when—

(i)no communication has been received from an aircraft within a period of thirty minutes after the time a communication shall have been received, or from the time an unsuccessful attempt to establish Kein'a Subsidiary Legislation, 2018 2011 communication with such aircraft was first made, whichever is the earlier; or

(ii)an aircraft fails to arrive within thirty minutes of the estimated time of arrival last notified to or estimated by air traffic services units, whichever is the later, except when no doubt exists as to the safety of the aircraft and its occupants.

(b)alert phase when—

(i)following the uncertainty phase, subsequent attempts to establish communication with the aircraft or inquiries to other relevant sources have failed to reveal any news of the aircraft;

(ii)an aircraft has been cleared to land and fails to land within five minutes of the estimated time of landing and communication has not been re-established with the air craft;

(iii)information has been received which indicates that the operating efficiency of the aircraft has been impaired, but not to the extent that a forced landing is likely, except when evidence exists that would allay apprehension as to the safety of the aircraft and its occupants, or

(iv)an aircraft is known or believed to be the subject of unlawful interference;

(c)Distress phase when—

(i)following the alert phase, further unsuccessful attempts to establish communication with the aircraft and more widespread unsuccessful inquiries point to the probability that the aircraft is in distress, or when;

(ii)the fuel on board is considered to be exhausted, or to be insufficient to enable the aircraft to reach safety, or when

(iii)information is received which indicates that the operating efficiency of the aircraft has been impaired to the extent that a forced landing is likely, or when;

(iv)information is received or it is reasonably certain that the aircraft is about to make or has made a forced landing,

except when there is reasonable certainty that the aircraft and its occupants are not threatened by grave and imminent danger and do not require immediate assistance.

(2)The notification shall contain the following information as is available in the order listed—

(a)INCERFA, ALERFA or DETRESFA, as appropriate to the phase of the emergency;

(b)agency and person calling;

(c)nature of the emergency;

(d)significant information from the flight plan;

(e)unit which made last contact, time and means used;

(f)last position report and how determined;

(g)colour and distinctive marks of aircraft;

(h)dangerous goods carried as cargo;

(i)any action taken by reporting office; and

(j)other pertinent remarks.

(3)The information specified in subregulation(2), which is not available at the time the notification is made to a rescue coordination centre, shall be sought by an air traffic services unit prior to the declaration of a distress phase, if there is reasonable certainty that this phase will eventuate.

(4)Further to the notification in subregulation (1), the rescue coordination centre shall, without delay, be furnished with—

(a)any useful additional information, especially on the development of the state of emergency through subsequent phases; or

(b)information that the emergency situation no longer exists.

73. Use of communication facilities

Air traffic services units shall use all available of communication facilities to establish and maintain communication with an aircraft in a state of emergency, and to request news of the air craft.

74. Plotting aircraft in a state of emergency

(1)When a state of emergency is considered to exist, the flight of the aircraft involved shall be plotted on a chart in order to in a state of determine the probable future position of the aircraft and its maximum range of action from its last known position.

(2)The flights of other aircraft known to be operating in the vicinity of the aircraft involved shall also be plotted in order to determine their probable future positions and maximum endurance.

75. Information to the operator

(1)When an area control or a flight information centre decides that an aircraft is in the uncertainty or the alert phase, it shall, when practicable, advise the operator prior to notifying the rescue coordination centre.

(2)All information notified to the rescue coordination centre by an area control or flight information centre shall, whenever practicable, also be communicated, without delay, to the operator.

76. Information to aircraft operating in the vicinity of an aircraft in a state of emergency

(1)When it has been established by an air traffic services unit Information to that an aircraft is in a state of emergency, other aircraft known to be in aircraft operating the vicinity of the aircraft involved shall, except as provided in subregulation (2) be informed of the nature of the emergency as soon as an aircraft in a practicable.

(2)When an air traffic services unit knows or believes that an air craft is being subjected to unlawful interference, no reference shall be made in Air Traffic Service air-ground communications to the nature of the emergency unless the unlawful interference has first been referred to in communications from the aircraft involved and there is certainty that such reference will not aggravate the situation.

Part VI – AIR TRAFFIC SERVICES REQUIREMENTS FOR COMMUNICATIONS

77. Aeronautical mobile service (air-ground communications)

(1)Radiotelephony or data link shall be used in air-ground communications for air traffic services purposes.

(2)Where a Required Communication Performance specification has been prescribed by the Authority for performance-based communication, Air Traffic Services units shall, in addition to the requirements specified in subregulation (1), have communication equipment which will enable them to provide Air Traffic Services in accordance with the prescribed Required Communication Performance specifications.

(3)When direct pilot-controller two-way radiotelephony or data link communications are used for the provision of air traffic control service, recording facilities shall be provided on all such air-ground communication channels.

(4)Recordings of communications channels as required in subregulation (3) shall be retained for a period of at least thirty days.

(5)Air-ground communication facilities shall enable twoway communications to take place between a unit providing flight information service and appropriately equipped aircraft flying anywhere within the Nairobi Flight Information region.

(5)Air-ground communication facilities for flight information service shall permit direct, rapid, continuous and static-free two-way communications whenever practicable.

(6)Air-ground communication facilities shall enable twoway communications to take place between a unit providing area control service and appropriately equipped aircraft flying anywhere within the control areas.

(7)Air-ground communication facilities for area control service shall permit direct, rapid, continuous and static-free two-way communications whenever practicable.

(9)Where air-ground voice communication channels are used for area control service and are worked by air-ground communicators, suitable arrangements shall be made to permit direct pilot-controller voice communications, as and when required.

(10)Air-ground communication facilities shall enable direct, rapid, continuous and static-free two-way communications to take place between the unit providing approach control service and appropriately equipped aircraft under its control.

(11)Where the unit providing approach control service functions as a separate unit, air-ground communications shall be conducted over communication channels provided for its exclusive use.

(12)Air-ground communication facilities shall enable direct, rapid, continuous and static-free two-way communications to take place between an aerodrome control tower and appropriately equipped aircraft operating at any distance within 45 km (25 NM) of the aerodrome concerned.

(13)Separate communication channels shall be provided for the control of traffic operating on the maneuvering area where conditions warrant.

AERONAUTICAL FIXED SERVICE (GROUND-GROUND COMMUNICATIONS)

78. General application of Aeronautical fixed service (ground-ground communications)

Direct-speech or data link communications shall be used in General ground-ground communications for air traffic services purposes.

COMMUNICATIONS WITHIN A FLIGHT INFORMATION REGION

79. Communications between air traffic services

(1)A flight information centre shall have facilities for communications with the following units providing a service within its area of responsibility—

(a)the area control centre, unless collocated;

(b)approach control units;

(c)aerodrome control towers.

(2)An area control centre, in addition to being connected to the flight information centre as prescribed in subregulation (1), shall have facilities for communications with the following units providing a service within its area of responsibility—

(a)approach control units;

(b)aerodrome control towers;

(c)air traffic services reporting offices, when separately established.

(3)An approach control unit, in addition to being connected to the flight information centre and the area control centre as prescribed in subregulations (1) and (2) shall have facilities for communications with the associated aerodrome control tower(s) and, when separately established, the associated air traffic services reporting office.

(4)An aerodrome control tower, in addition to being connected to the flight information centre, the area control centre and the approach control unit as prescribed in subregulations (1),(2) and (3) shall have facilities for communications with the associated air traffic services reporting office, when separately established.

80. Communications between air traffic services units and other units

(1)A flight information centre and an area control centre shall have facilities for communications with the following units providing a service within their respective area of responsibility—

(a)appropriate military units;

(b)the meteorological office serving the centre;

(c)the aeronautical telecommunications station serving the centre;

(d)appropriate operator's offices;

(e)the rescue coordination centre or, in the absence of such centre, any other appropriate emergency service;

(f)the international NOTAM office serving the centre.

(2)An approach control unit and an aerodrome control tower shall have facilities for communications with the following units providing a service within their respective area of responsibility—

(a)appropriate military units;

(b)rescue and emergency services (including ambulance, fire, etc.);

(c)the meteorological office serving the unit concerned;

(d)the aeronautical telecommunications station serving the unit concerned;

(e)the unit providing apron management service, when separately established.

(3)The communication facilities required in subregulation 1(a) and (2)(a) shall include provisions for rapid and reliable communications between the air traffic services unit concerned and the military unit(s) responsible for control of interception operations within the area of responsibility of the air traffic services unit.

81. Description of communication facilities

(1)The communication facilities required under regulation Description of regulation 80(1)(a) and regulation 80(2)(a)(b) and (c) shall communication include provisions for—

(a)communications by direct speech alone, or in combination with data link communications, whereby for the purpose of transfer of control using radar or Automatic Dependent Surveillance-Broadcast, the communications can be established instantaneously and for other purposes the communications can normally be established within fifteen seconds; and

(b)printed communications, when a written record is required; the message transit time for such communications being no longer than five minutes.

(2)The communication facilities in all cases not covered by subregulation (1), shall include provisions for—

(a)communications by direct speech alone, or in combination with data link communications, whereby the communications can normally be established within fifteen seconds; and

(b)printed communications, when a written record is required; the message transit time for such communications being no longer than five minutes.

(3)Air Traffic Service units shall provide suitable facilities for automatic recording in all cases where automatic transfer of data to or from air traffic services computers is required.

(4)The communication facilities required in accordance with regulations 79 and 80 shall be supplemented, as and where necessary, by facilities for other forms of visual or audio communications.

(5)The communication facilities required under regulation 80(a), (b) and (c) shall include provisions for communications by direct speech arranged for conference communications.

(6)The communication facilities required under regulation 80(2)(d) shall include provisions for communications by direct speech arranged for conference communications, whereby the communications can normally be established within fifteen seconds.

(7)All facilities for direct-speech or data link communications between air traffic services units and between air traffic services units and other units described under regulations 80(1) and (2) shall be provided with automatic recording.

(8)Recordings of data and communications as required in subregulations (3) and (7) shall be retained for a period of at least thirty days.

82. Communications between flight information flight information regions

(1)Flight information centres and area control centres shall Communications have facilities for communications with all adjacent flight information between flight centres and area control centres.

(2)The communication facilities referred to in subregulation(I) shall in all cases include provisions for messages in a form suitable for retention as a permanent record, and delivery in accordance with transit times specified by regional air navigation agreements.

(3)Unless otherwise prescribed on the basis of regional air navigation agreements, facilities for communications between area control centres serving contiguous control areas shall include provisions for direct speech and, where applicable, data link communications, with automatic recording, whereby for the purpose of transfer of control using radar, Automatic Dependent Surveillance-Broadcast or Automatic Dependent Surveillance-Contract data, the communications can be established instantaneously and for other purposes the communications can normally be established within fifteen seconds.

(4)When so required by agreement between the Authorities concerned in order to eliminate or reduce the need for interceptions in the event of deviations from assigned track, facilities for communications between adjacent flight information centres or area control centres other than those mentioned in subregulation (3) shall include provisions for direct speech alone, or in combination with data link communications.

(5)The communication facilities referred to in subregulation (4) shall be provided with automatic recording.

(6)The communication facilities in subregulation (4) shall permit communications to be established normally within fifteen seconds.

(7)Wherever local conditions are such that it is necessary to clear aircraft into an adjacent control area prior to departure, an approach control unit or aerodrome control tower shall be connected with the area control centre serving the adjacent area.

(8)The communication facilities in subregulation (7) shall include provisions for communications by direct speech alone, or in combination with data link communications, with automatic recording, whereby for the purpose of transfer of control using radar, Automatic Dependent Surveillance -Broadcast or Automatic Dependent Surveillance-Contract data, the communications can be established instantaneously and for other purposes the communications can normally be established within fifteen seconds.

(9)Suitable facilities for automatic recording shall be provided in all cases where automatic exchange of data between air traffic services computers is required.

(10)Recordings of data and communications as required in subregulation (9) shall be retained for a period of at least thirty days.

83. Procedures for direct-speech communication

Appropriate procedures for direct speech communications for shall be developed to permit immediate connections to be made for directspeech very urgent calls concerning the safety of aircraft, and the interruption, if necessary, of less urgent calls in progress at the time.

84. Communications for the control of vehicles other than aircraft on maneuvering areas controlled aerodromes

(1)Air Traffic Services shall provide Aerodrome control service with two-way radiotelephony communication facilities for the for the control of vehicles other control of vehicles on the manoeuvring area, except where than aircraft on communication by a system of visual signals is deemed to be adequate.

(2)Separate communication channels shall be provided for the control of vehicles on the manoeuvring area where conditions warrant

(3)Automatic recording facilities shall be provided on all separate communication channels provided for the control of vehicles on the manoeuvring area.

(4)Recordings of communications as required in subregulation shall be retained for a period of at least thirty days.

85. Recording and storage of aeronautical data

(1)Surveillance data from primary and secondary radar Recording and equipment or other systems used as an aid to air traffic services, in storage of addition to other aeronautical data, shall automatically or through other appropriate means be recorded and stored for use in accident and incident investigations, search and rescue, air traffic control and surveillance systems evaluation and training.

(2)Subject to subregulation (I), stored aeronautical data and automatic surveillance recordings shall be retained for a period of at least thirty days.

(3)Aeronautical Data/Recordings pertinent to accident and incident investigations shall be retained for longer periods until it is evident that they will no longer be required.

Part VII – AIR TRAFFIC SERVICES REQUIREMENTS FOR INFORMATION

86. General meteorological information

(1)Air traffic services units shall be supplied with up-to-date General information on existing and forecast meteorological conditions as meteorological necessary for the performance of their respective functions.

(2)The information referred to in subregulation (I) shall be supplied in such a form as to require a minimum of interpretation on the part of air traffic services personnel and with a frequency which satisfies the requirements of the air traffic services units concerned.

(3)Air traffic services units shall be supplied with available detailed information on the location, vertical extent, direction and rate of movement of meteorological phenomena in the vicinity of the aerodrome, and particularly in the climb-out and approach areas, which could be hazardous to aircraft operations.

(4)When computer-processed upper air data are made available to air traffic services units in digital form for use by air traffic services computers, the contents, format and transmission arrangements shall be as agreed between the Meteorological Department and the appropriate air traffic services Authority.

87. Flight information centres and area control centres

(1)Flight information centres and area control centres shall Flight be supplied with meteorological information as described in the ninth information schedule of the Civil Aviation (Meteorology Services for Air Navigation) Regulations 2018, with emphasis being given to the occurrence or expected occurrence of weather deterioration as soon as this can be determined.

(2)The reports and forecasts referred to in subregulation (1) shall cover the flight information region or control area and such other areas as may be determined on the basis of regional air navigation agreements.

(3)Flight information centres and area control centres shall be provided, at suitable intervals, with current pressure data for setting altimeters, for locations specified by the flight information centre or area control centre concerned.

88. Unit providing Approach Control Service

(1)Units providing approach control service shall be Units providing supplied with meteorological information as described in the Ninth Approach Schedule of the Civil Aviation (Meteorology Services for Air Navigation) Regulations 2018, for the airspace and the aerodromes with which they are concerned.

(2)Special reports and amendments to forecasts shall be communicated to the units providing approach control service as soon as they are necessary in accordance with established criteria, without waiting for the next routine report or forecast.

(3)Where multiple anemometers are used, the indicators to which they are related shall be clearly marked to identify the runway and section of the runway monitored by each anemometer.

(4)Units providing approach control service shall be provided with current pressure data for setting altimeters for locations specified by the unit providing approach control service.

(5)Units providing approach control service for final approach, landing and take-off shall be equipped with surface wind display.

(6)The display referred to in subregulation (5) shall be related to the same location of observation and be fed from the same sensor as the corresponding display in the aerodrome control tower and in the meteorological station, where such a station exists.

(7)Units providing approach control service for final approach, landing and take-off at aerodromes where runway visual range values are assessed by instrumental means shall be equipped with displays permitting read-out of the current runway visual range values.

(8)The displays referred to in subregulation (7) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the aerodrome control tower and in the meteorological station, where such a station exists.

(9)Units providing approach control service for final approach, landing and take-off at aerodromes where the height of cloud base is assessed by instrumental means shall be equipped with displays permitting read-out of the current values of the height of cloud base.

(10)The displays referred to in subregulation (9) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the aerodrome control tower and in the meteorological station, where such a station exists.

(11)Units providing approach control service for final approach, landing and take-off shall be supplied with information on wind shear which could adversely affect aircraft on the approach or take-off paths or during circling approach.

89. Aerodrome control towers

(1)The meteorological service provider shall supply Aerodrome aerodrome control towers with meteorological information as described in the Ninth Schedule of the Civil Aviation (Meteorology Services for Air Navigation) Regulations 2018, for the aerodrome with which they are concerned.

(2)The meteorological service provider shall communicate special reports and amendments to forecasts to the aerodrome control towers as soon as they are necessary in accordance with established criteria, without waiting for the next routine report or forecast.

(3)The meteorological service provider shall provide aerodrome control towers with current pressure data for setting altimeters for the aerodrome concerned.

(4)Aerodrome control towers shall be equipped with surface wind displays.

(5)The surface wind display(s) shall be related to the same location(s) of observation and be fed from the same sensor(s) as the corresponding display(s) in the meteorological station, where such a station exists.

(6)Where multiple sensors are used, the surface wind displays to which they are related shall be clearly marked to identify the runway and section of the runway monitored by each sensor.

(7)Aerodrome control towers at aerodromes where runway visual range values are measured by instrumental means shall be equipped with displays permitting read-out of the current runway visual range values.

(8)The displays referred to in subregulation (7) shall be related to the same locations of observation and be fed from the same sensors as the corresponding displays in the meteorological station, where such a station exists.

(9)Aerodrome control towers at aerodromes where the height of cloud base is assessed by instrumental means shall be equipped with displays permitting read-out of the current values of the height of cloud base.

(10)The displays shall be related to the same locations of observations and be fed from the same sensors as the corresponding displays in the meteorological station, where such a station exists.

(11)Aerodrome control towers shall be supplied with information on wind shear which could adversely affect aircraft on the approach or take-off paths or during circling approach and aircraft on the runway during the landing roll or take-off run.

(12)Aerodrome control towers or other appropriate units shall be supplied with aerodrome warnings.

90. Communication stations

Current meteorological reports and forecasts shall be supplied Communication to communication stations for flight information purposes and a copy stations.

91. Information on aerodrome conditions and the operational status of associated facilities

Aerodrome control towers and units providing approach control service shall be kept currently informed of the operationally significant conditions of the movement area, including the existence of temporary hazards, and the operational status of any associated facilities at the aerodrome(s) with which they are concerned.

92. Information on the operation status of navigation services

(1)Air Traffic Services units shall be kept currently informed of the operational status of radio navigation services and visual aids essential for take-off, departure, approach and landing procedures within their area of responsibility and those radio navigation services and visual aids essential for surface movement.

(2)Information on the operational status, and any changes thereto, of radio navigation services and visual aids as referred to in subregulation (1) shall be received by the appropriate Air Traffic Services units on a timely basis consistent with the use of the services and aids involved.

93. Information on unmanned free ballons

Operators of unmanned free balloons shall keep the Information on appropriate air traffic services units informed of details of flights of unmanned free unmanned free balloons in accordance with the provisions contained in the Civil Aviation (Rules of the Air) Regulations 2018.

94. Information concerning volcanic activity

(1)Air Traffic Services units shall be informed of pre- Information eruption volcanic activity, volcanic eruptions and volcanic ash cloud concerning which could affect air space used by flights within their area of volcanic activity responsibility.

(2)Area control centres and flight information centres shall be provided with volcanic ash advisory information issued by the associated Volcanic Ash Advisory Centres.

95. Information concerning radioactive materials and toxic chemicals "clouds"

Air Traffic Services units shall be informed of the release into the atmosphere of radioactive materials or toxic chemicals which could affect airspace used by flights within their area of responsibility.

96. Requirements for application for exemption

(1)A person may apply to the Authority for an exemption from any provision of these Regulations.

(2)Unless incase of an emergency, a person requiring exemptions from these Regulations shall make an application to the Authority at least sixty days prior to the proposed effective date, giving the following information—

(a)name and contact address including electronic mail and fax, if any;

(b)telephone number;

(c)a citation of the specific requirement from which the applicant seeks exemption;

(d)justification for the exemption;

(e)a description of the type of operations to be conducted under the proposed exemption;

(f)the proposed duration of the exemption;

(g)an explanation of how the exemption would be in the public interest;

(h)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;

(i)a safety risk assessment carried out in respect of the exemption applied for;

(j)if the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviatioii Organization;

(k)and any other information that the Authority may require.

(3)Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified in sub regulation (2) and satisfactory reason for deeming the application an emergency.

(4)The Authority may, in writing, refuse an application made under sub regulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.

(5)The application for exemption shall be accompanied by the fee prescribed by the Authority.

97. Review and publication

(1)The Authority shall review the application for exemption Review and made under regulation 96 for accuracy and compliance and if the publication.is satisfactory, publish a detailed summary of the application for comments, within the prescribed time, in either—

(a)the Kenya Gazette;

(b)aeronautical information circular; or

(c)a daily newspaper with national circulation.

(2)Where application requirements have not been fully complied with, the Authority shall request the applicant, in writing, to comply prior to publication or making a decision under regulation 96 (3).

98. Evaluation of the request for exemption

(1)Where the application requirements have been satisfied, Evaluation of the the Authority shall conduct an evaluation of the request to include—

(a)determination of whether an exemption would be in the public interest;

(b)a determination, after a technical evaluation of 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)a determination of whether a grant of the exemption would contravene these Regulations; and

(d)a recommendation based on the preceding elements, of 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 in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision.

(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 request is for emergency relief, the Authority shall publish the decision after processing the application.

(5)If the exemption affects a significant population of the aviation community of the State, the Authority shall publish the summary in aeronautical information circular.

Part IX – MISCELLANEOUS PROVISIONS

99. Contravention of Regulations

The Authority may suspend or revoke the licence, Contravention of certificate, approval, authorisation, exemption or other document of a Regulations.

100. Appeals to the Tribunal

A person aggrieved with the decision of the Authority under Appeals to the these Regulations may within twenty one days of such decision appeal Tribunal.

101. Offences

(1)A person who contravenes any provision of these Regulations shall upon conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not more than six months or to both.

(2)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall he deemed not to be a contravention by that person of that provision.

102. Transitional provisions

(1)A license, certificate, approval or any other document Transitional issued to an operator or person prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires, varied or cancelled by the Authority.

(2)Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any act, duty or operation affected by these Regulations shall, within one year from the date of commencement, or within such longer time that the Cabinet Secretary may, by notice in the Gazette prescribe, comply with the requirements of these Regulations or cease to carry out such act, duty or operation.

Source: Kenya Law · Imported 4 October 2026