Kenyan legislation

The Civil Aviation (Meteorological Service for Air Navigation) Regulations, 2025

Edition: 2026-03-03 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Civil Aviation (Meteorological Service for Air Navigation) Regulations, 2025.

2. Interpretation

In these Regulations, unless the context otherwise requires —"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 climatological summary" means concise summary of specified meteorological elements at an aerodrome, based on statistical data;"aerodrome climatological table" means a table providing statistical data on the observed occurrence of one or more meteorological elements at an aerodrome;"aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;"aerodrome control tower" means a unit established to provide air traffic control service to aerodrome traffic;"aerodrome meteorological office" means an office designated to provide meteorological service for aerodromes serving air navigation;"aerodrome reference point" means the designated geographical location of an aerodrome;"aeronautical fixed service (AFS)" means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services;"aeronautical fixed telecommunication network (AFTN)" means a worldwide system of aeronautical fixed circuits provided, as part of the aeronautical fixed service, for the exchange of messages or digital data between aeronautical fixed stations having the same or compatible communications characteristics;"aeronautical meteorological station" means a station designated to make observations and meteorological reports for use in 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 service" means a telecommunication service provided for any aeronautical purpose;"aeronautical telecommunication station" means a station in the aeronautical telecommunication service;"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;"aircraft observation" means the evaluation of one or more meteorological elements made from an aircraft in flight;"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-report" means a report from an aircraft in flight prepared in conformity with requirements for position, and operational or meteorological reporting;"air traffic services unit" means a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office;"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. Alternate aerodromes include the following—(a)take-off alternate which is an alternate aerodrome at which an aircraft would be able to land shall this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;(b)en-route alternate which is an alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary while en-route;(c)destination alternate which is an alternate aerodrome at which an aircraft would be able to land shall it become either impossible or inadvisable to land at the aerodrome of intended landing;"altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL);"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 provider" means the relevant ATS provider designated by Kenya responsible for providing air traffic services in the airspace concerned;"area control centre" means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;"Authority" means Kenya Civil Aviation Authority;"automatic dependent surveillance (ADS)" means a surveillance technique in which aircraft automatically provide, via a data link, data derived from on-board navigation and position-fixing systems, including aircraft identification, four-dimensional position and additional data as appropriate;"ADS-C" means automatic dependent surveillance-contract;"briefing" means oral commentary on existing or expected meteorological conditions;"cloud of operational significance" means a cloud with the height of cloud base below 1500m (5000 feet) or below the highest minimum sector altitude, whichever is greater, or a cumulonimbus cloud or a towering cumulus cloud at any height;"consultation" means discussion with a meteorologist or another qualified person of existing or expected meteorological conditions relating to flight operations; a discussion includes answers to questions;"control area" means a controlled airspace extending upwards from a specified limit above the earth;"cruising level" means a level maintained during a significant portion of a flight;"data link-VOLMET (D-VOLMET)" means Provision of current aerodrome routine meteorological reports (METAR) and aerodrome special meteorological reports (SPECI), aerodrome forecasts (TAF), SIGMET, special air-reports not covered by a SIGMET and, where available, AIRMET via data link;"direct speech" means a direct aeronautical fixed service (AFS) telephone circuit, for direct exchange of voice between air traffic services (ATS) units and other service providers;"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;"flight documentation" means written or printed documents, including charts or forms, containing meteorological information for a flight;"flight information centre" means a unit established to provide flight information service and alerting service;"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;"forecast" means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace;"grid point data in digital form" means computer processed meteorological data for a set of regularly spaced points on a chart, for transmission from a meteorological computer to another computer in a code form suitable for automated use;"hectopascal (hPa)" means a metric (SI) measurement unit of pressure equivalent to millibar;"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;"ICAO meteorological information exchange model (IWXXM)" means a data model for representing aeronautical meteorological information;"International airways volcano watch (IAVW)" means International arrangements for monitoring and providing warnings to aircraft of volcanic ash in the atmosphere;"Kenya volcano observatory" means a volcano observatory, designated by regional air navigation agreement, to monitor active or potentially active volcanoes within Nairobi flight information region and to provide information on volcanic activity to its associated area control centre/flight information centre, meteorological watch office and volcanic ash advisory centre;"level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously height, altitude or flight level;"meteorological authority" means the authority providing or arranging for the provision of meteorological service for air navigation in Kenya;"meteorological bulletin" means a text comprising meteorological information preceded by an appropriate heading;"meteorological information" means meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions;"meteorological office" means an office designated to provide meteorological service for air navigation;"meteorological report" means a statement of observed meteorological conditions related to a specified time and location;"meteorological satellite" means an artificial earth satellite making meteorological observations and transmitting these observations to earth;"minimum sector altitude" means the lowest altitude which may be used which will provide a minimum clearance of 300M (1,000 feet) above all objects located in an area contained within a sector of a circle of 46 km (25 NM) radius centred on a significant point, the aerodrome reference point (ARP) or the heliport reference point (HRP);"observation (meteorological)" means the evaluation of one or more meteorological elements;"operational control" means the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of the flight;"operational flight plan" means the operator's plan for the safe conduct of the flight based on considerations of aeroplane performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;"operator" means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;"person" includes an entity, company or association or body of persons, corporate or incorporate;"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;"prevailing visibility" means the greatest visibility value, observed in accordance with the definition of "visibility", which is reached within at least half the horizon circle or within at least half of the surface of the aerodrome. These areas could comprise contiguous or non-contiguous sectors. This value may be assessed by human observation or instrumented systems. When instruments are installed, they are used to obtain the best estimate of the prevailing visibility;"prognostic chart" means a forecast of a specified meteorological element(s) for a specified time or period and a specified surface or portion of airspace, depicted graphically on a chart;"quality assurance" means Part of quality management focused on providing confidence that quality requirements will be fulfilled (ISO 9000*);"quality control" means Part of quality management focused on fulfilling quality requirements (ISO 9000*);"quality management" means Coordinated activities to direct and control an organization with regard to quality (ISO 9000*);"regional air navigation agreement" means an Agreement approved by the Council of ICAO normally on the advice of a regional air navigation meeting;"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;"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;"search and rescue services unit" means a generic term meaning, as the case may be, rescue coordination centre, rescue sub centre or alerting post;"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 operations;"space weather centre (SWXC)" means a centre designated to monitor and provide advisory information on space weather phenomena expected to affect high-frequency radio communications, communications via satellite, GNSS-based navigation and surveillance systems or pose a radiation risk to aircraft occupants;"threshold" means the beginning of that portion of the runway usable for landing;"touchdown zone" means the portion of a runway, beyond the threshold, where it is intended landing aeroplanes first contact the runway;"tropical cyclone" means generic term for a non-frontal synoptic-scale cyclone originating over tropical or sub-tropical waters with organized convection and definite cyclonic surface wind circulation;"visibility" means visibility for aeronautical purposes is the greater of—(a)the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen and recognized when observed against a bright background;(b)the greatest distance at which lights in the vicinity of 1,000 candelas can be seen and identified against an unlit background;"volcanic ash advisory centre (VAAC)" means a meteorological centre designated by regional air navigation agreement to provide advisory information to meteorological watch offices, area control centres, flight information centres, world area forecast centres and international OPMET databanks regarding the lateral and vertical extent and forecast movement of volcanic ash in the atmosphere following volcanic eruptions;"VOLMET" means Meteorological information for aircraft in flight;"VOLMET broadcast" means Provision, as appropriate, of current METAR, SPECI, TAF and SIGMET by means of continuous and repetitive voice broadcasts;"world area forecast centre (WAFC)" means a meteorological centre designated to prepare and issue significant weather forecasts and upper-air forecasts in digital form on a global basis direct to States using the aeronautical fixed service Internet based services;"world area forecast system (WAFS)" means a worldwide system by which world area forecast centres provide aeronautical meteorological en-route forecasts in uniform standardized formats.

3. Application

(1)These Regulations shall apply to a person providing Meteorological service for air navigation services within Kenya air spaces and at aerodromes.

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

Part II – PROVISION OF METEOROLOGICAL SERVICE FOR AIR NAVIGATION

4. Designation and authorisation to provide meteorological service for air navigation

(1)The Authority shall designate a person to provide or arrange for the provision of meteorological service for air navigation on its behalf.

(2)Details of the meteorological authority so designated shall be included in the Kenya Aeronautical Information Publication (AIP).

(3)A person shall not provide Meteorological service for air navigation unless the service is provided in accordance with the requirements prescribed in these Regulations and any associated standards and procedures.

5. Procedures for provision of meteorological service for air navigation

(1)A person authorized to provide meteorological service for air navigation under regulation 4 shall do so in accordance with the procedures described in —

(a)the manual of operations required under these Regulations; and

(b)the quality management system manual required under these Regulations.

(2)A person authorized to provide meteorological service for air navigation under regulation 4 shall do so in accordance with the requirements of the Manual of Implementing Standards-Meteorological Service for Air Navigation issued by the Authority.

6. Obligations of the service provider

The provider of meteorological service for air navigation shall, before providing the service, be satisfied that—

(a)the personnel are adequate in number and have the necessary competency to provide the service;

(b)the manual of operations contains all the relevant information;

(c)the facilities, services and equipment are established in accordance with these Regulations;

(d)the operating procedures make satisfactory provision for the safety of aircraft;

(e)an approved quality management system is in place; and

(f)the person has financial capability to provide the service.

Part III – PREPARATION OF THE MANUAL OF OPERATIONS

7. Requirements for the manual of operations

(1)The Manual of Operations required under these Regulations shall be—

(a)type written;

(b)signed by the service provider;

(c)in a format that is easy to revise and includes a list of effective pages; and

(d)organized in a manner that facilitates evaluation and approval processes.

(2)A service provider shall submit two copies of the manual of operations to the Authority for approval.

(3)A service provider shall keep at least one approved copy of the manual at the principal place of business.

8. Contents of the manual of operations

A Manual of Operations, shall contain all information and instructions necessary to enable the service provider to perform their duties and in particular shall include—

(a)services to be provided;

(b)personnel requirements and their responsibilities;

(c)training and performance assessment of staff and how that information is tracked;

(d)quality management system;

(e)contingency plans developed for part or total system failure;

(f)installation and maintenance of facilities and equipment;

(g)fault and defect reporting;

(h)maintenance of documents and records;

(i)the hours of operations;

(j)systems and procedures in the provision of Meteorological Services for Air Navigation Service; and

(k)any other information required by the Authority.

9. Amendment of the manual of operations

For the purposes of maintaining the accuracy of the information in the manual of operations, the service provider shall whenever necessary, amend the manual and keep the manual updated and shall submit the said amendments to the Authority for approval.

Part IV – GENERAL PROVISIONS FOR METEOROLOGICAL SERVICE FOR AIR NAVIGATION

10. Objective, determination and provision of meteorological service

(1)The objective of meteorological service shall be to contribute towards the safety, regularity and efficiency of air navigation.

(2)This objective shall be achieved by supplying the following users with the meteorological information necessary for the performance of their respective functions—

(a)air operators and flight crew members;

(b)air traffic services units;

(c)search and rescue services units;

(d)airport management; and

(e)any other person as may be identified by the Authority.

(3)The Authority shall in accordance with these Regulations and regional air navigation agreement determine the meteorological service provided to meet the needs of air navigation over international waters and other areas which lie outside the territory of Kenya.

11. Personnel, qualification and training

A meteorological service provider shall—

(a)comply with the requirements of the designated meteorological authority in respect of qualifications, competencies, education and training of meteorological personnel providing service for air navigation and other requirements as may be provided by the Authority;

(b)establish a procedure to assess the competency of personnel authorised to install meteorological facility for operational use and to perform meteorological services;

(c)maintain the competence of the personnel authorised to provide the service.

12. Supply, use and quality management of meteorological information

(1)The meteorological service provider shall maintain close liaison with the users of the meteorological information on matters affecting the provision of meteorological service for air navigation.

(2)A Meteorological services provider shall establish and implement a properly organized quality system comprising of procedures, processes and resources necessary to provide for the quality management of the meteorological information to be supplied to users.

(3)The quality system established in accordance with subregulation (2) shall be in conformity with the International Organization for Standardization (ISO) 9000 series of quality assurance standards and shall be certified by an approved organization recognized by the Authority.

(4)The quality system shall provide the users with assurance that the meteorological information supplied complies with the stated requirements in terms of the geographical and spatial coverage, format and content, time and frequency of issuance and period of validity, as well as the accuracy of measurements, observations and forecasts.

(5)When the quality system indicates that meteorological information to be supplied to the users does not comply with the stated requirements, and automatic error correction procedures are not appropriate, such information shall not be supplied to the users unless it is validated with the originator.

(6)In regard to the exchange of meteorological information for operational purposes, the quality system shall include verification and validation procedures and resources for monitoring adherence to the prescribed transmission schedules for individual messages or bulletins required to be exchanged, and the times of their filing for transmission.

(7)The quality system shall be capable of detecting excessive transit times of messages and bulletins received.

(8)Demonstration of compliance of the quality system applied shall be by audit and if non-conformity of the system is identified, action shall be initiated to determine and correct the cause.

(9)All audit observations shall be evidenced and properly documented.

(10)The specific value of any of the elements given in—

(a)an observation report shall be the best approximation of the actual conditions at the time of observation as set out in the Manual of implementing standards - meteorological service for air navigation; or

(b)a forecast report shall be the most probable value which the element is likely to assume during the period of the forecast as set out in the Manual of implementing standards - Meteorological service for Air Navigation.

(11)The meteorological information supplied to the users listed in regulation 10(2) shall be consistent with Human Factors principles and shall be in forms which require a minimum of interpretation by the users.

13. Notifications required from operators

(1)An operator requiring meteorological service or changes in existing meteorological service shall notify, sufficiently in advance, the service provider or the aerodrome meteorological office concerned.

(2)The minimum amount of advance notice required shall be as agreed between the service provider or aerodrome meteorological office and the operator concerned.

(3)The service provider shall be notified by the operator requiring service when—

(a)new routes or new types of operations are planned;

(b)changes of a lasting character are to be made in scheduled operations; and

(c)other changes, affecting the provision of meteorological service, are planned.

(4)The information referred to under subregulation (3) shall contain all details necessary for the planning of appropriate arrangements by the service provider.

(5)The operator or a flight crew member shall ensure that, where required by the service provider in consultation with users, the aerodrome meteorological office concerned is notified—

(a)of flight schedules;

(b)when non-scheduled flights are to be operated; and

(c)when flights are delayed, advanced or cancelled.

(6)The notification to the aerodrome meteorological office of individual flights shall contain the following information—

(a)aerodrome of departure and estimated time of departure;

(b)destination and estimated time of arrival;

(c)route to be flown and estimated times of arrival at, and departure from, any intermediate aerodrome(s);

(d)alternate aerodromes needed to complete the operational flight plan and taken from the relevant list contained in the regional air navigation plan;

(e)cruising level;

(f)type of flight, whether under visual or instrument flight rules;

(g)type of meteorological information requested for by a flight crew member, whether flight documentation or briefing or consultation; and

(h)time at which briefing, consultation or flight documentation are required.

(7)Notwithstanding the provisions of subregulation (6) of this regulation, in case of scheduled flights, the requirements of some of the information referred to under subregulation (6) may be waived by agreement between the aerodrome meteorological office and the operator concerned.

Part V – GLOBAL SYSTEMS, SUPPORTING CENTRES AND METEOROLOGICAL OFFICES

14. Objective of the world area forecast system

(1)Pursuant to the objective of the world area forecast system, the meteorological service provider shall arrange and receive global aeronautical meteorological en-route forecasts in digital form and subsequently supply to users.

(2)The objective in subregulation (1) above shall be achieved through a comprehensive, integrated, worldwide and, as far as practicable, uniform system, and in a cost-effective manner, taking full advantage of evolving technologies.

15. Aerodrome meteorological offices

(1)The meteorological service provider shall establish one or more aerodrome or other meteorological offices which shall be adequate for the provision of the meteorological service required to satisfy the needs of air navigation as specified in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)An aerodrome meteorological office established under subregulation (1) above shall carry out all or some of the following functions as necessary to meet the needs of flight operations at the aerodrome—

(a)prepare or obtain forecasts and other relevant information for flights with which it is concerned and the extent of its responsibilities to prepare forecasts shall be related to the local availability and use of en-route and aerodrome forecast material received from other offices;

(b)prepare or obtain forecasts of local meteorological conditions;

(c)maintain a continuous survey of meteorological conditions over the aerodromes for which it is designated to prepare forecasts;

(d)provide briefing, consultation and flight documentation to flight crew members or other flight operations personnel;

(e)supply other meteorological information to aeronautical users;

(f)display the available meteorological information;

(g)exchange meteorological information with other aerodrome meteorological offices; and

(h)supply information received on pre-eruption volcanic activity, a volcanic eruption or volcanic ash cloud, to its associated air traffic services (ATS) unit, aeronautical information service unit and meteorological watch office as agreed between the meteorological, aeronautical information service and ATS authorities concerned.

(3)The aerodromes for which landing forecasts are required shall be determined by the Authority through regional air navigation agreement.

(4)For an aerodrome without an aerodrome meteorological office located at the aerodrome the meteorological service provider shall—

(a)designate one or more aerodrome meteorological office to supply meteorological information as required; and

(b)agree with the concerned aerodrome operator or ATS units to establish means by which such information can be supplied to the aerodromes concerned.

16. Meteorological watch offices

(1)A meteorological service provider authorized to provide meteorological service for air navigation, shall establish, on the basis of regional air navigation agreement, one or more meteorological watch offices as specified in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)A meteorological watch office shall—

(a)maintain continuous watch over meteorological conditions affecting flight operations within its area of responsibility;

(b)prepare SIGMET and other information relating to its area of responsibility;

(c)supply SIGMET information and, as required, other meteorological information to associated air traffic services units;

(d)disseminate SIGMET information;

(e)supply information received on pre-eruption volcanic activity, a volcanic eruption and volcanic ash cloud for which a SIGMET has not already been issued, to its associated ACC/FIC, as agreed between the meteorological and ATS authorities concerned, and to its associated VAAC as determined by regional air navigation agreement;

(f)supply information received concerning the release of radioactive materials into the atmosphere, in Kenya or adjacent areas, to its associated ACC/FIC, as agreed between the meteorological and ATS authorities concerned, and to aeronautical information service units, as agreed between the meteorological and appropriate civil aviation authorities concerned and such information shall comprise location, date and time of the release, and forecast trajectories of the radioactive materials; and

(g)prepare, supply and disseminate any other information as required by the regional air navigation agreements.

(3)The boundaries of the area over which meteorological watch is to be maintained by a meteorological watch office shall be coincident with the boundaries of a flight information region or a control area or a combination of flight information regions and control areas.

(4)The Meteorological Watch Office (MWO) shall coordinate the content of SIGMET information and the provision of harmonized SIGMET information with neighbouring MWO(s), especially when the en-route weather phenomenon extends or is expected to extend beyond the MWO's specified area of responsibility, in order to ensure the provision of harmonized SIGMET.

17. Volcano observatories

The Authority shall arrange with the designated volcano observatories to monitor any active or potential active volcanoes and when observing—

(a)significant pre-eruption volcanic activity, or a cessation thereof;

(b)a volcanic eruption, or a cessation thereof; or

(c)volcanic ash in the atmosphere,

and send this information as quickly as practicable to their associated ACC, MWO and VAAC.

18. Space weather centres (SWXC)

(1)Space weather centre (SWXC), having accepted the responsibility for providing a SWXC, shall arrange for that centre to monitor and provide advisory information on space weather phenomena in its area of responsibility by arranging for that centre to—

(a)monitor relevant ground-based, airborne and space-based observations to detect, and predict when possible, the existence of space weather phenomena that have an impact in the following areas—

(i)high frequency (HF) radio communications;

(ii)communications via satellite;

(iii)GNSS-based navigation and surveillance; and

(iv)radiation exposure at flight levels;

(b)issue advisory information regarding the extent, severity and duration of the space weather phenomena that have an impact referred to in subregulation (1)(a);

(c)supply the advisory information referred to in subregulation (1)(b) to—

(i)area control centres, flight information centres and aerodrome meteorological offices in its area of responsibility which may be affected;

(ii)other SWXCs; and

(iii)international OPMET databanks, international NOTAM offices and aeronautical fixed;

(2)SWXC shall maintain a 24-hour watch.

(3)In case of interruption of the operation of a SWXC, its functions shall be carried out by another SWXC or another centre, as designated by the Authority.

Part VI – AERONAUTICAL METEOROLOGICAL OBSERVATIONAL INFORMATION

19. Aeronautical meteorological stations and observations

(1)The Authority shall ensure that aeronautical meteorological stations are established at aerodromes as it may deem necessary and such aeronautical meteorological station may be a separate station or combined with a synoptic station.

(2)The meteorological service provider shall carry out meteorological observations and issue reports in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(3)The Aeronautical meteorological stations shall include sensors installed outside the aerodrome, where considered justified, by the meteorological service provider to ensure the compliance of meteorological service for air navigation with the provisions of these Regulations.

(4)The meteorological service provider shall establish, or arrange for the establishment of, aeronautical meteorological stations on offshore structures or at other points of significance in support of helicopter operations to offshore structures, if required by regional air navigation agreement.

(5)Aeronautical meteorological stations shall make routine observations at fixed time intervals and in case of aerodromes, the routine observations shall be supplemented by special observations whenever specified changes occur in respect of surface wind, visibility, runway visual range, present weather, clouds or air temperature.

(6)The meteorological instruments used at an aerodrome shall be situated in such a way as to supply data which are representative of the area for which the measurements are required.

(7)Meteorological instruments at aeronautical meteorological stations shall be exposed, operated and maintained in accordance with the practices, procedures and specifications promulgated by the World Meteorological Organization (WMO).

(8)The observers at an aerodrome shall be located, in so far as is practicable, to supply data which are representative of the area for which the observations are required.

(9)The Authority shall ensure that the meteorological service provider shall arrange for its aeronautical meteorological stations to be inspected at sufficiently frequent intervals to ensure that—

(a)a high standard of observation is maintained;

(b)that instruments are calibrated and all their indicators are functioning correctly; and

(c)that the exposure of the instruments has not changed significantly.

(10)Automated equipment shall be installed at aerodromes with runways intended for category II and III instrument approach and landing operations and such equipment shall be for measuring or assessing, monitoring and remote indicating of surface wind, visibility, runway visual range, height of cloud base, air and dew-point temperatures and atmospheric pressure.

(11)These devices shall be integrated automatic systems for acquisition, processing, dissemination and display in real time of the meteorological parameters affecting landing and take-off operations.

(12)The design of integrated automatic systems shall observe Human Factors principles and include back-up procedures.

(13)Where an integrated semi-automatic system is used for the dissemination or display of meteorological information, it shall be capable of accepting the manual insertion of data covering those meteorological elements which cannot be observed by automatic means.

(14)The observations shall form the basis for the preparation of reports to be disseminated at the aerodrome of origin and of reports to be disseminated beyond the aerodrome of origin.

(15)Where automated equipment forms part of an integrated semi-automatic observing system, displays of data which are made available to the local air traffic services units shall be a subset of and displayed parallel to those available in the local meteorological service unit.

(16)The displays in subregulation (15) above, each meteorological element shall be annotated to identify, as appropriate, the locations for which the element is representative.

20. Agreement between air traffic services provider and meteorological service provider

An agreement between the meteorological service provider and the appropriate ATS provider shall be established to cover, amongst other things—

(a)the provision in air traffic services units of displays related to integrated automatic systems;

(b)the calibration and maintenance of these displays or instruments;

(c)the use to be made of these displays or instruments by air traffic services personnel;

(d)as and where necessary, supplementary visual observations including meteorological phenomena of operational significance in the climb-out and approach areas and when made by air traffic services personnel to update or supplement the information supplied by the meteorological station;

(e)meteorological information obtained from aircraft taking off or landing including on wind shear; and

(f)any meteorological information obtained from ground weather radar.

21. Routine observations and reports

(1)Routine observations shall be made at aerodromes throughout the 24 hours of each day, except as otherwise agreed between the meteorological service provider, the appropriate ATS provider and the operator concerned and such observations shall be made at intervals of one hour or, if so determined by regional air navigation agreement, at intervals of one half-hour.

(2)Routine observations at other aeronautical meteorological stations shall be made as determined by the meteorological service provider taking into account the requirements of air traffic services units and aircraft operations.

(3)Reports of routine observations shall be issued as—

(a)local routine reports, only for dissemination at the aerodrome of origin intended for arriving and departing aircraft; and

(b)METAR for dissemination beyond the aerodrome of origin mainly intended for flight planning, VOLMET broadcasts and D-VOLMET.

(4)METAR shall be issued prior to the aerodrome resuming operations at aerodromes that are not operational throughout twenty-four hours in accordance with regional air navigation agreement.

22. Special observations and reports

(1)A list of criteria for special observations shall be established by the meteorological service provider, in consultation with the appropriate ATS provider, operators and others concerned.

(2)The reports of special observations shall be issued as—

(a)local special reports, only for dissemination at the aerodrome of origin intended for arriving and departing aircraft; and

(b)SPECI for dissemination beyond the aerodrome of origin intended for flight planning, VOLMET broadcasts and D-VOLMET unless METAR are issued at half-hourly intervals.

(3)SPECI shall be issued, as necessary at aerodromes that are not operational throughout 24 hours, following the resumption of the issuance of METAR.

23. Characteristics of meteorological reports

(1)Local routine, special reports, METAR and SPECI shall contain the following meteorological elements—

(a)surface wind direction and speed;

(b)visibility;

(c)runway visual range, when applicable;

(d)present weather;

(e)cloud amount, cloud type (only for cumulonimbus and towering cumulus clouds) and height of cloud base or, where measured, vertical visibility;

(f)air temperature and dew-point temperature; and

(g)QNH and, when applicable, QFE (QFE included only in local routine and special reports).

(2)In addition to elements listed under subregulation (1) above, local routine and special reports and METAR and SPECI shall contain supplementary information to be placed after element referred to under subregulation (1)(g).

24. Observing and reporting meteorological elements

(1)The mean direction and the mean speed of the surface wind shall be measured, as well as significant variations of the wind direction and speed, and reported in degrees true and metres per second or knots, respectively.

(2)When local routine and special reports are used for departing aircraft and arriving aircraft, the surface wind observations for these reports shall be representative of conditions along the runway for departing aircraft and the touchdown zone for arriving aircraft.

(3)The surface wind observations for METAR and SPECI, shall be representative of conditions above the whole runway, where there is only one runway and the whole runway complex where there is more than one runway.

(4)The surface wind displays in the meteorological station and in the air traffic services units shall relate to the same sensors.

(5)The visibility shall be measured or observed, and reported in metres or kilometres.

(6)When local routine and special reports are used for—

(a)departing aircraft, the visibility observations for these reports shall be representative of conditions along the runway; or

(b)arriving aircraft, the visibility observations for these reports shall be representative of the touchdown zone of the runway.

(7)The visibility observations for METAR and SPECI shall be representative of the aerodrome.

(8)The runway visual range shall be assessed on all runways intended for—

(a)Category II and III instrument approach and landing operations;

(b)during periods of reduced visibility, including—

(i)precision approach runways intended for Category I instrument approach and landing operations; and

(ii)runways used for take-off and having high-intensity edge lights and/or centre line lights.

(9)The runway visual range referred to under subregulation (8) shall be reported in metres throughout periods when either visibility or the runway visual range is less than 1500 metres.

(10)The runway visual range assessments shall be representative of—

(a)the touchdown zone of the runway intended for non-precision or Category I instrument approach and landing operations;

(b)the touchdown zone and the mid-point of the runway intended for Category II instrument approach and landing operations; and

(c)the touchdown zone, the mid-point and stop-end of the runway intended for Category III instrument approach and landing operations.

(11)The units providing air traffic service and aeronautical information service for an aerodrome shall be kept informed without delay of changes in the serviceability status of the automated equipment used for assessing runway visual range.

(12)The present weather occurring at the aerodrome shall be observed and reported as necessary for at least a minimum of Precipitation: rain, drizzle, (including intensity thereof) Obscurations: haze, mist, fog, and thunderstorms (including thunderstorms in the vicinity).

(13)The present weather information for—

(a)local routine and special reports shall be representative of conditions at the aerodrome;

(b)METAR and SPECI shall be representative of conditions at the aerodrome and, for certain specified present weather phenomena, in its vicinity.

(14)The cloud amount, cloud type and height of cloud base shall be observed and reported as necessary to describe the clouds of operational significance.

(15)When the sky is obscured, vertical visibility shall be observed and reported, where measured, in lieu of cloud amount, cloud type and height of cloud base and the height of cloud base and vertical visibility shall be reported in metres or feet.

(16)The cloud observations for—

(a)local routine and special reports shall be representative of the runway threshold in use;

(b)METAR and SPECI shall be representative of the aerodrome and its vicinity.

(17)The air temperature and the dew-point temperature shall be measured and reported in degrees celsius.

(18)The observations of air temperature and dew-point temperature for local routine and special reports and METAR and SPECI shall be representative of the whole runway or runway complex.

(19)The atmospheric pressure shall be measured, and QNH and QFE values shall be computed and reported in hectopascals.

(20)The observations made at aerodromes shall include the available supplementary information concerning significant meteorological conditions, particularly those in the approach and climb-out areas and where practicable, the information shall identify the location of the meteorological condition.

25. Reporting meteorological information from automatic observing systems

(1)METAR and SPECI from automatic observing systems shall be used during non-operational hours of the aerodrome, and during operational hours of the aerodrome as determined by the service provider in consultation with users based on the availability and efficient use of personnel.

(2)Local routine and special reports and METAR and SPECI from automatic observing systems shall be identified with the word "AUTO".

26. Observing and reporting volcanic activity

(1)The occurrence of pre-eruption volcanic activity, volcanic eruptions and volcanic ash cloud shall be reported without delay to the associated air traffic services unit, aeronautical information services unit and meteorological watch office.

(2)The report shall be made in the form of a volcanic activity report.

27. Dissemination of meteorological reports

(1)METAR and SPECI shall be disseminated to—

(a)international OPMET databanks and the centres designated by regional air navigation agreement for the operation of aeronautical fixed service Internet-based services, in accordance with regional air navigation agreement; and

(b)other aerodromes in accordance with regional air navigation agreement.

(2)SPECI representing a deterioration in conditions shall be disseminated immediately after observation. A SPECI representing a deterioration of one weather element and an improvement in another element shall be disseminated immediately after the observation.

(3)SPECI representing an improvement in conditions shall be disseminated only after the improvement has been maintained for 10 minutes; it shall be amended before dissemination, if necessary, to indicate the conditions prevailing at the end of that 10-minute period.

(4)Local routine reports shall be transmitted to—

(a)local air traffic services units and shall be made available to the operators and to other users at aerodrome;

(b)local air traffic services units as soon as the specified conditions occur, however, as agreed between the meteorological authority and the appropriate ATS authority, they need not be issued in respect of—

(i)any element for which there is in the local air traffic services unit a display corresponding to the one in the meteorological station, and where arrangements are in force for the use of this display to update information included in local routine and special reports; and

(ii)runway visual range, when all changes of one or more steps on the reporting scale in use are being reported to the local air traffic services unit by an observer on the aerodrome.

(5)Local special reports shall also be made available to the operators and to other users at the aerodrome.

Part VII – AIRCRAFT METEOROLOGICAL OBSERVATIONAL INFORMATION

28. Obligation of the Authority

(1)The Authority shall ensure that arrangements for observations to be made by aircraft of its registry operating on international air routes and for the recording and reporting of these observations are made according to the provisions of these Regulations.

(2)The aircraft observations and reports referred to in subregulation (1) above shall be made by aircraft and reported in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

29. Types of aircraft observations

The following aircraft observations shall be made—

(a)routine aircraft observations during en-route and climb-out phases of the flight; and

(b)special and other non-routine aircraft observations during any phase of the flight.

30. Routine aircraft observations-designation

(1)When air-ground data link is used and automatic dependent surveillance (ADS) or Secondary surveillance radar (SSR) Mode S is being applied; automated routine observations shall be made every fifteen minutes during the en-route phase and every thirty seconds during the climb-out phase for the first ten minutes of the flight.

(2)Routine observations shall be made from helicopters at points and times as agreed between the meteorological service provider and the helicopter operators concerned for helicopter operations to and from aerodromes on offshore structures.

(3)Where there are air routes with high-density air traffic including organized tracks, an aircraft from among the aircraft operating at each flight level shall be designated, at approximately hourly intervals, to make routine observations in accordance with subregulation (1):Provided that the designation procedures under this subregulation are subject to regional air navigation agreement.

(4)Where a report is required during the climb-out phase, an aircraft shall be designated, at approximately hourly intervals, at each aerodrome to make routine observations in accordance with subregulation (1).

31. Routine aircraft observations-exemptions

An aircraft not equipped with air-ground data link shall be exempted from making routine aircraft observations.

32. Special aircraft observations.

Special observations shall be made by all aircraft whenever the following conditions are encountered or observed—

(a)moderate or severe turbulence;

(b)moderate or severe icing;

(c)severe mountain wave;

(d)thunderstorms, without hail, that are obscured, embedded, widespread or in squall lines;

(e)thunderstorms, with hail, that are obscured, embedded, widespread or in squall lines;

(f)heavy duststorm or heavy sandstorm;

(g)volcanic ash cloud;

(h)pre-eruption volcanic activity or a volcanic eruption.

33. Other non-routine aircraft observations and reports

When other meteorological conditions not listed under regulation 30, including wind shear, are encountered and which, in the opinion of the pilot-in-command, may affect the safety or markedly affect the efficiency of other aircraft operations, the pilot-in-command shall advise the appropriate air traffic services unit as soon as practicable.

34. Reporting of aircraft observations

(1)Aircraft observations shall be reported as air-reports during flight at the time the observation is made or as soon thereafter as is practicable.

(2)Aircraft observations referred to in subregulation (1) above shall be reported by air-ground data link but where not available or appropriate, special and other non-routine aircraft observations during flight shall be reported by voice communications.

(3)Routine and special aircraft observations shall be reported as routine and special air-reports, respectively. Routine and special air-reports reported by air-ground data link shall contain, as a minimum, the following meteorological information—

(a)wind direction;

(b)wind speed;

(c)air temperature; and

(d)condition prompting the issuance of the air-report (only applicable for special air-reports).

35. Relay of air-reports by air traffic services units

(1)The meteorological service provider shall make arrangements with the appropriate ATS provider to ensure that, on receipt by the air traffic services units of—

(a)special air-reports by voice communications, the air traffic services units relay them without delay to their associated meteorological watch office; and

(b)routine and special air-reports by data link communications, the air traffic services units relay them without delay to their associated meteorological watch office, World Area Forecasting Centres (WAFCs) and the centres designated by regional air navigation agreement for the operation of aeronautical fixed service internet-based services.

(2)The meteorological authority shall make arrangements with the appropriate ATS authority to ensure that—

(a)special air-reports be uplinked for 60 minutes after their issuance; and

(b)information on wind and temperature included in automated special air-reports that are not uplinked to other aircraft in flight.

36. Dissemination of air-reports

(1)The meteorological watch office shall transmit without delay the special air-reports received by voice communications to the world area forecast centres (WAFCs) and the centres designated by regional air navigation agreement for the operation of aeronautical fixed service Internet-based services.

(2)The meteorological watch office shall transmit without delay special air-reports of pre-eruption volcanic activity, a volcanic eruption or volcanic ash cloud received to the associated volcanic ash advisory centres.

(3)When a special air-report is received at the meteorological watch office but the forecaster considers that the phenomenon causing the report is not expected to persist and, therefore, does not warrant issuance of a SIGMET, the special air-report shall be disseminated in the same way that SIGMET information is disseminated in accordance with subregulation 35(1) above to meteorological watch offices, WAFCs, and other meteorological offices in accordance with regional air navigation agreement.

(4)Where supplementary dissemination of air-reports is required to satisfy special aeronautical or meteorological requirements, such dissemination shall be arranged and agreed between the meteorological authorities concerned.

(5)Air-reports shall be exchanged in the format in which they are received.

Part VIII – AERODROME AND EN-ROUTE METEOROLOGICAL FORECAST INFORMATION

37. Interpretation and use of forecasts

(1)The meteorological service provider shall issue meteorological forecast in accordance with the technical specification and detailed criteria set in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)Owing to the variability of meteorological elements in space and time, to limitations of forecasting techniques and to limitations caused by the definitions of some of the elements, the specific value of any of the elements given in a forecast shall be understood by the recipient to be the most probable value which the element is likely to assume during the period of the forecast and when the time of occurrence or change of an element is given in a forecast, this time shall be understood to be the most probable time.

The issue of a new forecast by an aerodrome meteorological office, such as a routine aerodrome forecast, shall be understood to cancel automatically any forecast of the same type previously issued for the same place and for the same period of validity or part thereof.

38. Aerodrome forecasts

(1)An aerodrome forecast shall be prepared, on the basis of regional air navigation agreement, by the aerodrome meteorological office designated by the meteorological service provider.

(2)An aerodrome forecast shall be issued at a specified time not earlier than one hour prior to the beginning of its validity period and consist of a concise statement of the expected meteorological conditions at an aerodrome for a specified period.

(3)Aerodrome forecasts and amendments thereto shall be issued as Terminal Aerodrome Forecast (TAF) and include the following meteorological information—

(a)surface wind;

(b)visibility;

(c)weather;

(d)cloud; and

(e)expected significant changes to one or more of these elements during the period of validity.

(4)Notwithstanding the provisions in subregulation (2) above, optional elements shall be included in TAF in accordance with regional air navigation agreement.

(5)Aerodrome meteorological offices preparing TAF shall continuously review the forecasts and, when necessary, issue amendments promptly and the length of the forecast messages and the number of changes indicated in the forecast shall be kept to a minimum.

(6)TAF that cannot be kept under continuous review shall be cancelled.

(7)The period of validity of a routine TAF shall be not less than six hours nor more than thirty hours; and shall be determined by regional air navigation agreement.

(8)When issuing TAF, aerodrome meteorological offices shall ensure that no more than one TAF is valid at an aerodrome at any given time.

(9)TAF and amendments thereto shall be disseminated to international OPMET databanks and the centres designated by regional air navigation agreement for the operation of aeronautical fixed service Internet-based services, in accordance with regional air navigation agreement.

39. Landing forecasts (TREND)

(1)A landing forecast shall be prepared by the aerodrome meteorological office designated by the service provider as determined by regional air navigation agreement to meet the requirements of local users and of aircraft within about one hour's flying time from the aerodrome.

(2)Landing forecasts referred to under subregulation (1) shall be prepared in the form of a trend forecast and shall consist of a concise statement of the expected significant changes in the meteorological conditions at that aerodrome to be appended to a local routine or local special report, or a METAR or SPECI.

(3)The period of validity of a trend forecast shall be two hours from the time of the report which forms part of the landing forecast.

(4)The units and scales used in the trend forecast shall be the same as those used in the report to which it is appended.

40. Forecasts for take-off

A forecast for take-off shall—

(a)be prepared by the aerodrome meteorological office designated by the meteorological service provider if required by agreement between the service provider and operators;

(b)refer to a specified period of time and contain information on expected conditions over the runway complex in regard to surface wind direction, wind speed and any variations thereof, temperature, pressure (QNH), and any other elements as agreed locally;

(c)be supplied to operators and flight crew members on request within the three hours before the expected time of departure; and

(d)be continuously reviewed and, when necessary, amendments issued promptly by the aerodrome meteorological office.

41. Area forecasts for low-level flights (GAMET, forecasts in chart form)

(1)When the density of traffic, operating below flight level 100 or up to flight level 150 in mountainous areas, or higher, where necessary warrants the routine issue and dissemination of area forecasts for such operations, the frequency of issue, the form and the fixed time or period of validity of those forecasts and the criteria for amendments thereto shall be determined by the meteorological service provider in consultation with the users.

(2)When abbreviated plain language is used, the forecast shall be prepared as a GAMET area forecast, employing approved ICAO abbreviations and numerical values.

(3)When the chart form is used, the forecast shall be prepared as a combination of forecasts of upper wind and upper-air temperature, and of SIGWX phenomena.

(4)Area forecasts for low-level flights prepared in support of the issuance of AIRMET information shall be exchanged between aerodrome meteorological offices and/or meteorological watch offices responsible for the issuance of flight documentation for low-level flights in the flight information regions concerned.

Part IX – METEOROLOGICAL INFORMATION CONTAINING ADVISORIES, ALERTS AND WARNINGS

42. Volcanic ash advisory information and information from State volcano observatory.

Information shall be issued by volcano observatory on—

(a)significant pre-eruption volcanic activity;

(b)volcanic eruptions; and

(c)volcanic eruption cessation.

43. SIGMET information.

(1)The meteorological service provider shall issue SIGMET information, aerodrome warnings and wind shear warnings and alerts in accordance with the technical specification and detailed criteria specified in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)SIGMET information shall be—

(a)issued by a meteorological watch office and give a concise description concerning the occurrence or expected occurrence of specified en-route weather phenomena, which may affect the safety of aircraft operations, and of the development of those phenomena in time and space;

(b)One of the following phenomena shall be included in SIGMET information—

(i)thunderstorm;

(ii)tropical cyclone;

(iii)turbulence;

(iv)icing;

(v)mountain wave;

(vi)duststorm;

(vii)sandstorm;

(viii)volcanic ash; and

(ix)radioactive cloud

(c)cancelled when the phenomena referred to in subregulation (2)(a) above are no longer occurring or are no longer expected to occur in the area.

(3)The period of validity of a SIGMET message shall be not more than 4 hours and in the special case of SIGMET messages for volcanic ash cloud or tropical cyclones, the period of validity shall be extended up to six hours.

(4)SIGMET information concerning volcanic ash cloud or tropical cyclones shall be based on advisory information provided by Volcanic Ash Advisory Centres (VAACs) and Tropical Cyclone Advisory Centres (TCACs), respectively, designated by regional air navigation agreement.

(5)Close coordination shall be maintained between the meteorological watch office and the associated area control centre or flight information centre to ensure that information on volcanic ash included in SIGMET and NOTAM is consistent.

(6)SIGMET messages shall be issued not more than 4 hours before the commencement of the period of validity and in the special case for volcanic ash cloud and tropical cyclones, these messages shall be issued as soon as practicable but not more than twelve hours before the commencement of the period of validity:Provided that SIGMET messages for volcanic ash or tropical cyclones shall be updated at least every six hours.

(7)In cases where the airspace is divided into an FIR and an upper flight information region (UIR), the SIGMET shall be identified by the location indicator of the air traffic services unit serving the FIR.

44. Dissemination of SIGMET information.

SIGMET information shall be disseminated to—

(a)meteorological watch offices, WAFCs and to other meteorological offices in accordance with regional air navigation agreement. SIGMET information for volcanic ash shall also be disseminated to volcanic ash advisory centres;

(b)international OPMET databanks and the centres designated by regional air navigation agreement for the operation of aeronautical fixed service Internet-based services, in accordance with regional air navigation agreement.

45. Aerodrome warnings.

(1)Aerodrome warnings shall be issued by the aerodrome meteorological office for aerodromes where required by operators or aerodrome services. Aerodrome warnings shall give concise information of meteorological conditions which could adversely affect aircraft on the ground, including parked aircraft, and the aerodrome facilities and services.

(2)Aerodrome warnings shall relate to the occurrence or expected occurrence of one or more of the following phenomena—

(a)tropical cyclone (to be included if the 10-minute mean surface wind speed at the aerodrome is expected to be 17 m/s (34 kt) or more);

(b)thunderstorm;

(c)hail;

(d)snow (including the expected or observed snow accumulation);

(e)freezing precipitation;

(f)hoar frost or rime;

(g)sandstorm;

(h)duststorm;

(i)rising sand or dust;

(j)strong surface wind and gusts;

(k)squall;

(l)frost;

(m)volcanic ash;

(n)tsunami;

(o)volcanic ash deposition;

(p)toxic chemicals; or

(q)other phenomena as agreed locally.

(3)Aerodrome warnings referred to in subregulation (1) above shall be cancelled when the conditions are no longer occurring or no longer expected to occur at the aerodrome.

46. Dissemination of aerodrome warnings.

Aerodrome warnings shall be disseminated in accordance with local arrangements to those concerned.

47. Wind shear warnings and alerts.

(1)Wind shear warnings shall be issued by the aerodrome meteorological office designated by the meteorological service provider for aerodromes where wind shear is considered a factor, in accordance with local arrangements with the appropriate air traffic services unit and operators concerned.

(2)Wind shear warnings shall give concise information on the observed or expected existence of wind shear which could adversely affect aircraft on the approach path or take-off path or during circling approach between runway level and 500 metres (1,600 feet) above that level and aircraft on the runway during the landing roll or take-off run.

(3)Where local topography has been shown to produce significant wind shears at heights in excess of 500 metres (1,600 feet) above runway level, then 500 metres (1,600 feet) shall not be considered restrictive.

(4)Wind shear warnings for arriving aircraft or departing aircraft shall be cancelled when aircraft reports indicate that wind shear no longer exists or, alternatively, after an agreed elapsed time.

(5)The criteria for the cancellation of a wind shear warning referred to in subregulation (4) above shall be defined locally for each aerodrome, as agreed between the meteorological service provider, the appropriate ATS provider and the operators concerned.

(6)At aerodromes where wind shear is detected by automated, ground-based, wind shear remote-sensing or detection equipment, wind shear alerts generated by these systems shall be issued.

(7)Wind shear alerts shall give concise, up-to-date information related to the observed existence of wind shear involving a headwind or tailwind change of 7.5 m/s (15 kt) or more which could adversely affect aircraft on the final approach path or initial take-off path and aircraft on the runway during the landing roll or take-off run.

(8)Wind shear alerts generated by automated ground-based sensors shall be updated at least every minute and be cancelled as soon as the headwind or tailwind change falls below 7.5 m/s (15 kt).

48. Dissemination of wind shear warnings and alerts.

(1)The wind shear warnings shall be disseminated in accordance with local arrangements to those concerned.

(2)The wind shear alerts shall be disseminated from automated, ground-based; wind shear remote-sensing or detection equipment in accordance with local arrangements to those concerned.

Part X – AERONAUTICAL CLIMATOLOGICAL INFORMATION

49. General provisions.

(1)The meteorological service provider shall issue aeronautical climatological information in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)Aeronautical climatological information required for the planning of flight operations shall be prepared in the form of aerodrome climatological tables and aerodrome climatological summaries and such information shall be supplied to aeronautical users as agreed between the service provider and those users.

(3)Where it is impracticable to meet the requirements for aeronautical climatological information on a national basis, the collection, processing and storage of observational data may be effected through computer facilities available for international use, and the responsibility for the preparation of the required aeronautical climatological information may be delegated as agreed between the meteorological service providers.

(4)Aeronautical climatological information shall be based on observations made over a period of at least five years and the period shall be indicated in the information supplied.

(5)Climatological data related to sites for new aerodromes and to additional runways at existing aerodromes shall be collected starting as early as possible before the commissioning of those aerodromes or runways.

50. Aerodrome climatological tables.

The meteorological service provider shall make arrangements for collecting and retaining the necessary observational data and have the capability to—

(a)prepare aerodrome climatological tables for each regular and alternate international aerodrome within its flight information region (FIR); and

(b)make available such climatological tables to an aeronautical user within a time period as agreed between the service provider and that user.

51. Aerodrome climatological summaries.

(1)Aerodrome climatological summaries shall follow the procedures prescribed by the World Meteorological Organization.

(2)Where computer facilities are available to store, process and retrieve the information, the summaries shall be published or otherwise made available to aeronautical users on request.

(3)Where computer facilities referred to in subregulation (2) are not available, the summaries shall be prepared using the models specified by the World Meteorological Organization and shall be published and kept up to date as necessary.

52. Copies of meteorological observational data.

The meteorological service provider, on request and to the extent practicable, shall make available to any other meteorological service provider, operators and others concerned with the application of meteorology to international air navigation, copies of meteorological observational data required for research, investigation or operational analysis.

53. Exchange of aeronautical climatological information.

Aeronautical climatological information shall be exchanged on request between meteorological authorities. Operators and other aeronautical users desiring such information shall apply to the meteorological authority responsible for its preparation.

Part XI – SERVICE FOR OPERATORS AND FLIGHT CREW MEMBERS

54. General provisions.

(1)The meteorological service provider shall provide service to operators and flight crew members in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)Meteorological information required under these Regulations shall be supplied to operators and flight crew members for—

(a)pre-flight planning by operators;

(b)in-flight replanning by operators using centralized operational control of flight operations;

(c)use by flight crew members before departure; and

(d)aircraft in flight.

(3)The meteorological authority, in consultation with the operator, shall determine—

(a)the type and format of meteorological information to be supplied; and

(b)methods and means of supplying that information.

(4)The meteorological information supplied to operators and flight crew members shall cover the flight in respect of time, altitude and geographical extent.

(5)The information referred to under subregulation (3) shall relate to appropriate fixed times, or periods of time, and shall extend to the aerodrome of intended landing, also covering the meteorological conditions expected between the aerodrome of intended landing and alternate aerodromes designated by the operator.

(6)Meteorological information supplied to operators and flight crew members shall be up to date and include—

(a)aerodrome and en-route observational information;

(b)aerodrome and en-route forecast information; and

(c)forecast information containing warnings and advisories.

(7)En-route Forecasts information shall be generated from the digital forecasts provided by the WAFCs whenever these forecasts cover the intended flight path in respect of time, altitude and geographical extent, unless otherwise agreed between the service provider and the operator concerned.

(8)Modifications shall not be made to meteorological content of forecasts when they are identified as being originated by the WAFCs.

(9)The forecasts of upper wind, upper-air temperature and of SIGWX phenomena above flight level 100 requested for pre-flight planning and in-flight replanning by the operator shall be supplied as soon as they become available, but not later than three hours before departure. Other meteorological information requested for pre-flight planning and in-flight replanning by the operator shall be supplied as soon as is practicable.

(10)The meteorological service provider for operators and flight crew members shall initiate coordinating action with the meteorological service provider of other States with a view to obtaining from them the reports or forecasts required, when necessary.

(11)Meteorological information shall be supplied to operators and flight crew members at the location to be determined by the meteorological service provider, after consultation with the operators and at the time to be agreed upon between the aerodrome meteorological office and the operator concerned.

(12)Meteorological information for pre-flight planning and in-flight replanning by operators of helicopters flying to offshore structures shall include data covering the layers from sea level to flight level 100.

(13)The service for preflight planning shall be confined to flights originating within Kenya.

(14)The meteorological service provider and the operator concerned shall agree upon the supply of meteorological information at an aerodrome without an aerodrome meteorological office.

55. Briefing, consultation and display.

(1)The meteorological service provider shall provide, on request, briefing or consultation to flight crew members or other flight operations personnel.

(2)The briefing or consultation referred to in subregulation (1) shall be to supply the latest available information on existing and expected meteorological conditions along the route to be flown, at the aerodrome of intended landing, alternate aerodromes and other aerodromes as relevant, either to explain and amplify the information contained in the flight documentation or, if so agreed between the meteorological service provider and the operator, in lieu of flight documentation.

(3)Meteorological information used for briefing, consultation and display shall include any or all of the information listed in regulation 48(5).

(4)If the aerodrome meteorological office expresses an opinion on the development of the meteorological conditions at an aerodrome which differs appreciably from the aerodrome forecast included in the flight documentation, the aerodrome meteorological office shall inform the flight crew members of the divergence: Provided the portion of the briefing dealing with the divergence shall be recorded at the time of briefing and this record shall be made available to the operator.

(5)The required briefing, consultation, display or flight documentation shall be provided by the aerodrome meteorological office associated with the aerodrome of departure.

(6)At an aerodrome where the services referred to in subregulation (5) are not available, arrangements to meet the requirements of flight crew members shall be as agreed upon between the meteorological service provider and the operator concerned.

(7)In exceptional circumstances, such as an undue delay, the aerodrome meteorological office associated with the aerodrome shall provide or, if that is not practicable, arrange for the provision of a new briefing, consultation or flight documentation as necessary.

(8)The flight crew member or other flight operations personnel for whom briefing, consultation or flight documentation has been requested shall visit the aerodrome meteorological office at the time agreed upon between the aerodrome meteorological office and the operator concerned.

(9)Where local circumstances at an aerodrome make personal briefing or consultation impracticable, the aerodrome meteorological office shall provide those services by telephone or other suitable telecommunications facilities.

(10)The material displayed shall be readily accessible to the flight crew members or other flight operations personnel concerned.

56. Flight documentation.

(1)The aerodrome meteorological office shall provide flight documentation which shall comprise information on—

(a)upper winds and upper-air temperature;

(b)SIGWX phenomena;

(c)METAR or SPECI (including trend forecasts as issued in accordance with regional air navigation agreement) for the aerodromes of departure and intended landing, and for take-off, en-route and destination alternate aerodromes;

(d)TAF or amended TAF for the aerodromes of departure and intended landing, and for take-off, en-route and destination alternate aerodromes;

(e)SIGMET information and appropriate special air-reports relevant to the whole route;

(f)volcanic ash and tropical cyclone advisory information relevant to the whole route; and if appropriate;

(g)subject to regional air navigation agreement, GAMET area forecast or area forecasts for low-level flights in chart form prepared relevant to the whole route;

(h)space weather advisory information relevant to the whole route.

(2)When agreed between the service provider and operator concerned, flight documentation for flights of two hours' duration or less, after a short stop or turnaround, shall be limited to the information operationally needed, but in all cases the flight documentation shall at least comprise information in regulation 48(5)(b), (c), (d), (e), (f) and, if appropriate, (g) and (k).

(3)Whenever it becomes apparent that the meteorological information to be included in the flight documentation will differ materially from that made available for pre-flight planning and in-flight re-planning, the operator shall be advised immediately and, if practicable, be supplied with the revised information as agreed between the operator and the aerodrome meteorological office concerned.

(4)Where a need for amendment arises after the flight documentation has been supplied, and before take-off of the aircraft, the aerodrome meteorological office shall, as agreed locally, issue the necessary amendment or updated information to the operator or to the local air traffic services unit, for transmission to the aircraft.

(5)The flight documentation related to concatenated route-specific upper wind and upper-air temperature forecasts shall be provided as agreed between the meteorological authority and the operator concerned.

(6)Charts included in flight documentation shall have a high standard of clarity and legibility.

(7)The meteorological service provider shall retain information supplied to flight crew members, either as printed copies or in computer files, for a period of at least thirty days from the date of issue and this information shall be made available, on request, for inquiries or investigations and, for these purposes, shall be retained until the inquiry or investigation is completed.

57. Automated pre-flight information systems for briefing, consultation, flight planning and flight documentation.

(1)Where the service provider uses automated pre-flight information systems to supply and display meteorological information to operators and flight crew members for self-briefing, flight planning and flight documentation purposes.

(2)Automated pre-flight information systems providing for a harmonized, common point of access to meteorological information and aeronautical information services information by operators, flight crew members and other aeronautical personnel concerned shall be established by an agreement between the meteorological service provider and the Authority or AIS provider.

(3)Where automated pre-flight information systems are used to provide for a harmonized, common point of access to meteorological information and aeronautical information services information by operators, flight crew members and other aeronautical personnel concerned, the meteorological service provider and AIS provider shall remain responsible for the quality control and management.

(4)Automated pre-flight information systems providing self-briefing facilities shall provide for access by operators and flight crew members to consultation, as necessary, with an aerodrome meteorological office by telephone or other suitable telecommunications means.

58. Meteorological Information for aircraft in flight.

(1)Meteorological information for use by aircraft in flight shall be supplied by an aerodrome meteorological office or meteorological watch office to its associated air traffic services unit and through D-VOLMET or VOLMET broadcasts as determined by regional air navigation agreement.

(2)Meteorological information referred to in subregulation (1) above for planning by the operator for aircraft in flight shall be supplied on request, as agreed between the service provider and the operator concerned.

(3)Meteorological information for use by aircraft in flight shall be supplied to air traffic services units in accordance with Part XII of these Regulations.

(4)If an aircraft in flight requests meteorological information, the aerodrome meteorological office or meteorological watch office which receives the request shall arrange to supply the information with the assistance, if necessary, of another aerodrome meteorological office or meteorological watch office.

(5)Meteorological information shall be supplied through D-VOLMET or VOLMET broadcasts in accordance with the requirements in Part XIII of these Regulations.

Part XII – METEOROLOGICAL INFORMATION FOR AIR TRAFFIC SERVICES, SEARCH AND RESCUE SERVICES AND AERONAUTICAL INFORMATION SERVICES

59. Information for air traffic services units.

(1)The meteorological service provider shall provide information for air traffic services, search and rescue services and aeronautical information services in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)The meteorological service provider shall designate an aerodrome meteorological office or meteorological watch office to be associated with each air traffic services unit.

(3)The associated aerodrome meteorological office or meteorological watch office shall, after coordination with the air traffic services unit, supply, or arrange for the supply of, up-to-date meteorological information to the unit as necessary for the conduct of its functions.

(4)An aerodrome meteorological office shall be associated with an aerodrome control tower or approach control unit for the provision of meteorological information.

(5)A meteorological watch office shall be associated with a flight information centre or an area control centre for the provision of meteorological information.

(6)Where, owing to local circumstances, it is convenient for the duties of an associated aerodrome meteorological office or meteorological watch office to be shared between two or more aerodrome meteorological offices or meteorological watch offices, the division of responsibility shall be determined by the meteorological service provider in consultation with the appropriate ATS provider.

(7)Any meteorological information requested by an air traffic services unit in connection with an aircraft emergency shall be provided immediately.

60. Supply, dissemination and transmission arrangements.

(1)Where necessary for flight information purposes, current meteorological reports and forecasts shall be supplied to designated aeronautical telecommunication stations.

(2)A copy of such information shall be forwarded, if required, to the FIC or ACC.

(3)When computer-processed upper-air grid point data in digital form is made available to air traffic services units for use by air traffic services computers the transmission arrangements shall be as agreed between the meteorological authority and the appropriate ATS authority.

(4)The data shall be supplied as soon as is practicable after the processing of the forecasts has been completed.

61. Information for search and rescue services units.

(1)Aerodrome meteorological offices or meteorological watch offices designated by the meteorological service provider in accordance with regional air navigation agreement shall supply search and rescue services units with the meteorological information required in a form established by mutual agreement.

(2)For the purpose of subregulation (1), the designated aerodrome meteorological office or meteorological watch office shall maintain liaison with the search and rescue services unit throughout a search and rescue operation.

(3)Information to be supplied to rescue coordination centres shall include the meteorological conditions that existed in the last known position of a missing aircraft and along the intended route of that aircraft with particular reference to—

(a)significant en-route weather phenomena;

(b)cloud amount and type, particularly cumulonimbus; height indications of bases and tops;

(c)visibility and phenomena reducing visibility;

(d)surface wind and upper wind;

(e)state of ground, in particular, any snow cover or flooding;

(f)sea-surface temperature, state of the sea, ice cover if any and ocean currents, if relevant to the search area; and

(g)sea-level pressure data.

62. Information for aeronautical information services units.

(1)The meteorological service provider, in coordination with the Authority, shall arrange for the supply of up-to-date meteorological information to aeronautical information services unit, as necessary, for the conduct of its functions.

(2)The following information shall be supplied, as necessary, to an aeronautical information services unit—

(a)information on meteorological service for international air navigation, intended for inclusion in the aeronautical information publication(s) concerned;

(b)information necessary for the preparation of NOTAM or ASHTAM including information on—

(i)the establishment, withdrawal, and significant changes in operation of aeronautical meteorological services. This information is required to be provided to the aeronautical information services unit sufficiently in advance of the effective date to permit issuance of NOTAM;

(ii)the occurrence of volcanic activity; and

(iii)release of radioactive materials into the atmosphere, as agreed between the meteorological and appropriate civil aviation authorities concerned; and

(c)information necessary for the preparation of aeronautical information circulars including information on—

(i)expected important changes in aeronautical meteorological procedures, services and facilities provided; and

(ii)effect of certain weather phenomena on aircraft operations.

Part XIII – USE OF COMMUNICATIONS TO EXCHANGE METEOROLOGICAL INFORMATION

63. Requirements for communications.

(1)The meteorological service provider shall provide and use communication services in accordance with the technical specification and detailed criteria set out in the Manual of Implementing Standards-Meteorological Service for Air Navigation.

(2)The Authority shall ensure suitable telecommunications facilities are made available to permit—

(a)aerodrome meteorological offices and, as necessary, aeronautical meteorological stations to supply the required meteorological information to air traffic services units on the aerodromes for which those offices and stations are responsible, and in particular to aerodrome control towers, approach control units and the aeronautical telecommunications stations serving these aerodromes;

(b)meteorological watch offices to supply the required meteorological information to air traffic services and search and rescue services units in respect of the flight information regions, control areas and search and rescue regions for which those offices are responsible, and in particular to flight information centres, area control centres and rescue coordination centres and the associated aeronautical telecommunications stations;

(c)world area forecast centres to supply the required world area forecast system products to aerodrome meteorological offices, meteorological service providers and other users.

(3)Telecommunications facilities between aerodrome meteorological offices and, as necessary, aeronautical meteorological stations and aerodrome control towers or approach control units shall permit communications by direct speech, the speed with which the communications can be established being such that the required points may normally be contacted within approximately fifteen seconds.

(4)Telecommunications facilities between aerodrome meteorological offices or meteorological watch offices and flight information centres, area control centres, rescue coordination centres and aeronautical telecommunications stations shall permit—

(a)communications by direct speech, the speed with which the communications can be established being such that the required points may normally be contacted within approximately fifteen seconds;

(b)printed communications, when a record is required by the recipients; and

(c)the message transit time shall not exceed five minutes.

(5)The telecommunications facilities referred to in subregulation (3) shall be supplemented, as and when necessary, by other forms of visual or audio communications, for example, closed-circuit television or separate information processing systems.

(6)Where agreed between the meteorological service provider and operators, provision shall be made to enable operators to establish suitable telecommunications facilities for obtaining meteorological information from aerodrome meteorological offices or other appropriate sources.

(7)The meteorological service provider shall ensure that suitable telecommunications facilities shall be made available to permit meteorological offices to exchange operational meteorological information with other meteorological offices.

(8)The telecommunications facilities used for the exchange of operational meteorological information shall be the aeronautical fixed service or, for the exchange of non-time critical operational meteorological information, the public internet, subject to availability, satisfactory operation, bilateral or multilateral or regional air navigation agreements.

(9)When upper-air grid point data in digital form is made available for use by air traffic services computers, the transmission arrangements shall be as agreed between the meteorological authority and the appropriate ATS authority.

(10)When upper-air grid point data in digital form is made available to operators for flight planning by computer, the transmission arrangements shall be as agreed between the world area forecast centre concerned, the meteorological authority and the operators concerned.

64. Use of aeronautical fixed service communications and the public Internet.

(1)The Authority shall ensure that meteorological bulletins containing operational meteorological information to be transmitted via the aeronautical fixed service or the public Internet shall be originated by the appropriate meteorological office or aeronautical meteorological station.

(2)The Authority shall ensure that the Meteorological and ATS service providers maintain coordination in regard to the installation, maintenance and use of the aeronautical fixed services.

(3)Messages and bulletins containing operational meteorological information shall achieve transit times of less than 5 minutes, unless otherwise determined to be lower by regional air navigation agreement.

65. World area forecast system products.

(1)The telecommunications facilities used for the supply of WAFS products shall be the aeronautical fixed service or the public Internet.

(2)The meteorological service provider shall ensure that world area forecast system products in digital form are received using binary data communications techniques and the method and channels used for the dissemination of the products shall be as determined by regional air navigation agreement.

66. Use of aeronautical mobile service communications.

The meteorological and ATS service providers and aircraft operators shall ensure that the content and format of meteorological information transmitted to aircraft and by aircraft shall be consistent with the provisions of these Regulations.

67. Use of aeronautical data link service D-VOLMET.

Where D-VOLMET is required, it shall contain current METAR and SPECI, together with trend forecasts where available, TAF and SIGMET, special air-reports not covered by a SIGMET.

68. Use of aeronautical broadcasting service-VOLMET broadcasts.

(1)Where continuous VOLMET broadcasts are required, normally on very high frequencies (VHF), they shall contain current METAR and SPECI, together with trend forecasts where available.

(2)Notwithstanding the provisions of subregulation (1) above, scheduled VOLMET broadcasts, normally on high frequencies (HF), shall contain current METAR and SPECI, together with trend forecasts where available and, where so determined by regional air navigation agreement, TAF and SIGMET.

Part XIV – EXEMPTIONS

69. Requirements for application for exemption.

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

(2)Unless in the case of emergency, a person requiring exemptions from any of these Regulations shall make an application to the Authority at least sixty days prior to the proposed effective date of commencement of the exemption, 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

(k)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 subregulation (2) and satisfactory reason for deeming the application an emergency.

(4)The Authority may in writing, refuse an application made under subregulation (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 a fee prescribed by the Authority.

(6)The Authority shall review the application for exemption for accuracy and compliance and if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within a prescribed time, in either—

(a)the Kenya Gazette; or

(b)aeronautical information circular; or

(c)a daily newspaper with a wide national circulation.

(7)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 subregulation (3).

(8)If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

70. Evaluation of the request.

(1)Where the application requirements have been satisfied, 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 exemption affects a significant population of the aviation community, the Authority shall publish the summary in aeronautical information circular.

Part XV – GENERAL PROVISIONS

71. Drug and alcohol testing and reporting.

(1)Any person who performs any function prescribed by these Regulations directly or by contract under the provisions of these Regulations may be tested for drug or alcohol usage.

(2)A person who—

(a)refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or

(b)refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall—

(i)be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or

(ii)have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

72. Change of name.

(1)A holder of a certificate issued under these Regulations may apply to the Authority for—

(a)replacement of the certificate if lost or destroyed;

(b)change of name on the certificate; or

(c)an endorsement on the certificate.

(2)When applying under paragraph (1), the holder of a certificate shall submit to the Authority—

(a)the original certificate or a copy thereof in case of loss; and

(b)a court order, or other legal document verifying the name change.

(3)The Authority shall return to the holder of a certificate, with the appropriate changes applied for, if any, the originals specified under paragraph (2) and, where necessary, retain copies thereof.

73. Change of address.

(1)A holder of a certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address within fourteen days of such change.

(2)A person who does not notify the Authority of the change in the physical and mailing address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.

74. Replacement of documents.

A person may apply to the Authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed.

75. Use and retention of documents and records.

(1)A person shall not—

(a)use any certificate or exemption issued or required by or under these Regulations which has been forged, altered, cancelled, or suspended, or to which he is not entitled;

(b)forge or alter any certificate or exemption issued or required by or under these Regulations;

(c)lend any certificate or exemption issued or required by or under these Regulations to any other person; or

(d)make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate or exemption;

(e)mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.

(2)All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

(3)A person shall not issue any certificate or exemption under these Regulations unless the person is authorised to do so by the Authority.

(4)A person shall not issue any certificate referred to in subregulation (3) unless the person is satisfied that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

76. Reports of violation.

(1)Any person who knows of a violation of the Act, or any Regulations, rules, or orders issued there under, shall report it to the Authority.

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

77. Failure to comply with direction.

Any person who fails to comply with any direction given to him by the Authority or by any authorized person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

78. Aeronautical fees.

(1)The Authority shall notify in writing the fees to be charged in connection with the issue, renewal or variation of any certificate, test, inspection or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made there under.

(2)Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is accepted, to pay the fee so chargeable.

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

Part XVI – OFFENCES AND PENALTIES

79. Contravention of Regulations.

A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

80. Penalties.

(1)A person who contravenes any provision of these Regulations, orders, notices or proclamations made there under shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(2)Any person who contravenes any provision of these Regulations shall upon conviction be liable to a fine not exceeding USD 10,000 or to imprisonment for a term not more than six months or to both.

(3)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 be deemed not to be a contravention by that person of that provision.

Source: Kenya Law · Imported 4 October 2026