ADVOKS GLOBAL · KENYA
The Civil Aviation (Air Traffic Services) Regulations
35. Fatigue management
Edition: 2022-12-31 · In force
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.