The Civil Aviation (Operation of Aircraft-General Aviation Aeroplanes) Regulations, 2018

2. Interpretation.

Edition: 2022-12-31 · In force

2. Interpretation.

In these Regulations, unless the context otherwise requires—“Accelerate-Stop Distance Available (ASDA)” means the length of the take-off run available plus the length of stopway, if provided;“Act” means the Civil Aviation Act, 2013;“acts of unlawful interference” means acts or attempted acts such as to jeopardize the safety of civil aviation and air transport, including—

(a)unlawful seizure of aircraft in flight;

(b)unlawful seizure of aircraft on the ground;

(c)hostage-taking on board an aircraft or on aerodromes;

(d)forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility;

(e)introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes; and

(f)communication of false information as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility;

“aerial work” means an aircraft operation in which an aircraft is used for specialised services including, but not limited to agriculture, construction, photography, surveying, observation and patrol, search and rescue and aerial advertisement;“aerodrome” means a defined area on land or water, including any buildings, installations and equipment, used or intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;“aerodrome operating minima” means the limits of usability of anaerodrome for—

(a)take-off, expressed in terms of runway visual range and visibility and, if necessary, cloud conditions;

(b)landing in 2D instrument approach operations, expressed in terms of visibility or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; and

(c)landing in 3D instrument approach operations, expressed in terms of visibility or runway visual range and decision altitude or height (DA/H) as appropriate to the type or category of the operation;

“aeronautical product” means any aircraft, aircraft engine, propeller, or subassembly, appliance, material, part, or component to be installed;“aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift inflight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;“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 component” means any component part of an aircraft up to and including a complete power plant or any operational or emergency equipment;“aircraft operating manual” means a manual, acceptable to the Authority, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft;“airframe” means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces, including rotors (but excluding propellers and rotating airfoils of a powerplant) and landing gear of an aircraft and their accessories and controls;“air operator certificate (AOC)” means a certificate authorizing an operator to carry out specified commercial air transport operations;“air traffic control service” means a service provided for the purpose of—

(a)preventing collisions—

(i)between aircraft; and

(ii)on manoeuvring area between aircraft and obstructions; and

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

“air traffic service” is a generic term meaning variously flight information service, alerting service, air traffic advisory service, or air traffic control service; (area control service, approach control service or aerodrome control service);“aircraft type” means all aircraft of the same basic design;“airworthy” means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation;“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 including the following—

(a)take-off alternate- an alternate aerodrome at which an aircraft can land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure;

(b)en-route alternate- an alternate aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en route;

(c)destination alternate- an alternate aerodrome to which an aircraft may proceed should it become either impossible or inadvisable to land at the aerodrome of intended landing;

“altimetry system error (ASE)” means the difference between the altitude indicated by the altimeter display, assuming a correct altimeter barometric setting, and the pressure altitude corresponding to the undisturbed ambient pressure;“appliance” means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, power plant, or propeller;“Approach Procedure with Vertical guidance (APV)” is a performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A;“approach and landing operations using instrument approach procedures” means instrument approach and landing operations classified as follows—

(a)non-precision approach and landing operations- an instrument approach and landing which utilizes lateral guidance but does not utilize vertical guidance;

(b)approach and landing operations with vertical guidance- an instrument approach and landing which utilizes lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations; and

(c)precision approach and landing operations- an instrument approach and landing using precision lateral and vertical guidance with minima as determined by the category of operation;

“appropriate authority” means—

(a)regarding flight over the high seas, the relevant authority of the state of registry;

(b)regarding flight other than over the high seas, the relevant authority of the state having sovereignty over the territory being overflown;

“Automatic Deployable Flight Recorder (ADFR)”. A combination flight recorder installed on the aircraft which is capable of automatically deploying from the aircraft;“authorised instructor” means a person who—

(a)holds a valid ground instructor licence issued under the Civil Aviation (Personnel Licensing) Regulations when conducting ground training;

(b)holds a current flight instructor rating issued under the Civil Aviation (Personnel Licensing) Regulations when conducting ground training or flight training; or

(c)is authorised by the Authority to provide ground training or flight training under the Civil Aviation (Personnel Licensing) and the Civil Aviation (Approved Training Organisations) Regulations;

“authorised person” means any person authorized by the Authority either generally or in relation to a particular case or class of cases, and references to an authorized person includes references to a holder for the time being of any office designated by the Authority;“Authority” means the Kenya Civil Aviation Authority;“cabin crew member” means a crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member;“Category II (CAT II) operations” means, a precision instrument approach and landing with a decision height lower than 60 m (200 ft) , but not lower than 30 m (100 ft), and a runway visual range not less than 350 m;“Category IIIA (CAT IIIA) operations” means, a precision instrument approach and landing with—

(a)a decision height lower than 30 m (100 ft) or no decision; and

(b)a runway visual range not less than 200 m;

“Category IIIB (CAT IIIB) operations” means, a precision instrument approach and landing with—

(a)a decision height lower than 15 m (50ft) or no decision height; and

(b)a runway visual range less than 200 m but not less than 50 m;

“Category IIIC (CAT IIIC) operations” means a precision instrument approach and landing with no decision height and no runway visual range limitations;“check pilot” means a pilot approved by the Authority who has the appropriate training, experience, and demonstrated ability to evaluate and certify the knowledge and skills of other pilots;“COMAT”. Operator material carried on an operator’s aircraft for the operator’s own purposes;“Combined Vision System (CVS)” means a system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS);“commercial air transport” means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire;“continuing airworthiness” means the set of processes by which an aircraft, engine, propeller or part complies with the applicable airworthiness requirements and remains in a condition for safe operation throughout its operating life;“Contracting States” means all States that are parties to the Convention on International Civil Aviation (Chicago Convention);“Continuous descent final approach (CDFA)”. A technique, consistent with stabilized approach procedures, for flying the final approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre should begin for the type of aircraft flown;“corporate aviation operation” means the non-commercial operation or use of aircraft by a company for the carriage of passengers or goods as an aid to the conduct of company business, flown by a professional pilot(s) employed to fly the aircraft;“co-pilot” means a licensed pilot serving in any piloting capacity other than as PIC, but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction;“crew member” means a person assigned by an operator to duty on an aircraft during a flight duty period;“crew resource management (CRM)” means a program designed to improve the safety of flight operations by optimizing the safe, efficient, and effective use of human resources, hardware, and information through improved crew communication and co-ordination;“critical engine” means the engine whose failure would most adversely affect the performance or handling qualities of an aircraft;“critical phases of flight” means those portions of operationsinvolving taxing, take-off and landing, and all flight operations below 10,000 feet, except cruise flight;“dangerous goods” means articles or substances which are capable of posing a risk to health, safety, property or the environmentand which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions;“Decision Altitude (DA) or Decision Height (DH)” means a specified altitude or height in the precision approach or approach with vertical guidance at which a missed approach must be initiated if the required visual reference to continue the approach has not been established;“duty” means any task that flight or cabin crew members are required by the operator to perform, including, for example, flight duty, administrative work, training, positioning and standby when it is likely to induce fatigue;“duty period” means a period which starts when a flight or cabin crew member is required by an operator to report for or to commence a duty and ends when that person is free from all duties.“Extended Diversion Time Operations (EDTO)” means any operation by an aeroplane with two or more turbine engines where the diversion time to an en-route alternate aerodrome is greater than the threshold time established by the Authority;“EDTO critical fuel.” means the fuel quantity necessary to fly to an en-route alternate aerodrome considering, at the most critical point on the route, the most limiting system failure.;“EDTO significant system” means an aeroplane system whose failure or degradation could adversely affect the safety particular to an EDTO flight, or whose continued functioning is specifically important to the safe flight and landing of an aeroplane during an EDTO diversion;“Electronic Flight Bag (EFB)” means an electronic information system, comprised of equipment and applications for flight crew, which allows for the storing, updating, displaying and processing of EFB functions to support flight operations or duties;“Emergency Locator Transmitter (ELT)” means a generic term describing equipment which broadcast distinctive signals on designated frequencies and, depending on application, may be automatically activated by impact or be manually activated and an ELT may be any of the following—

(a)Automatic fixed ELT (ELT(AF)) means an automatically activated ELT which is permanently attached to an aircraft;

(b)Automatic portable ELT (ELT(AP)) means an automatically activated (b) ELT which is rigidly attached to an aircraft but readily removable from the aircraft;

(c)Automatic deployable ELT (ELT(AD)) means an ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided;

(d)Survival ELT (ELT(S)) means an ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors;

“engine” means a unit used or intended to be used for aircraft propulsion and it consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable);“Enhanced Vision system (EVS)” means a system to display electronic real-time images of the external scene achieved through the use of image sensors;“extended flight over water” means a flight operated over water at a distance of more than 93 km (50 NM), or 30 minutes at normal cruising speed, whichever is the lesser, away from land suitable for making an emergency landing;“estimated time of arrival” means for IFR flights, the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome and for VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome;“evaluator” means a person employed by an Approved TrainingOrganisation who performs tests for licensing, added ratings, authorisations, and proficiency checks that are authorised by the certificate holder's training specification, and who is authorised by the Authority to administer such checks and tests;“examiner” means any person authorised by the Authority to conduct a proficiency test, a practical test for a licence or rating, or a knowledge test under these Regulations;“fatigue” means a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness and/or physical activity that can impair a crew member’s alertness and ability to safely operate an aircraft or perform safety related duties;“Fatigue Risk Management System (FRMS)” means a datadriven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles and knowledge as well as operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness;“Final approach segment (FAS)” means that segment of an instrument approach procedure in which alignment and descent for landing are accomplished;“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during flight time;“flight data analysis” means a process of analysing recorded flight data in order to improve the safety of flight operations;“flight duty period” means a period which commences when a flight or cabin crew member is required to report for duty that includes a flight or a series of flights and which finishes when the aeroplane finally comes to rest and the engines are shut down at the end of the last flight on which he or she is a crew member;“flight manual” means a manual, associated with the certificate of airworthiness, containing limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft;“flight operations officer or flight dispatcher” means a person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, suitably qualified in accordance with Civil Aviation (Personnel Licensing) Regulations, who supports, briefs or assists the pilot-in-command in the safe conduct of the flight;“flight plan” means specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft;“flight recorder” means any type of recorder installed in theaircraft for the purpose of complementing accident or incident investigation;“flight safety documents system” means a set of interrelated documentation established by the operator, compiling and organizing information necessary for flight and ground operations, and comprising, as a minimum, the operations manual and the operator’s maintenance control manual;“flight simulation training device” means any one of the following three types of apparatus in which flight conditions are simulated on the ground—

(a)a flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated;

(b)a flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems, and the performance and flight characteristics of aircraft of a particular class;

(c)a basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions;

“flight time” means—

(a)for aeroplanes and gliders the total time from the moment an aeroplane or a glider moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight and it is synonymous with the term “block to block” or “chock to chock” time in general usage which is measured from the time an aeroplane first moves for the purpose of taking off until it finally stops at the end of the flight;

(b)for helicopter the total time from the moment a helicopter rotor blades start turning until the moment a helicopter comes to rest at the end of the flight and the rotor blades are stopped; and

(c)for airships or free balloon the total time from the moment an airship or free balloon first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;

“general aviation operation” means an aircraft operation other than a commercial air transport operation or an aerial work operation;“ground handling services” means services necessary for an aircraft’s arrival at, and departure from, an airport, other than air traffic services;“handling agent” means an agency which performs on behalf of the operator some or all of the latter's functions including receiving, loading, unloading, transferring or other processing of passengers or cargo;“Head-Up Display (HUD)” means a display system that presents flight information into the pilot’s forward external field of view;“heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces;“human factors principles” means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;“human performance” means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;“inspection” means the examination of an aircraft or aeronautical product to establish conformity with a standard approved by the Authority;manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows—

(a)non-precision approach (NPA) procedure;

(b)approach procedure with vertical guidance (APV); and

(c)precision approach (PA) procedure.

“instrument approach operations” means an approach and landing using instruments for navigation guidance based on an instrument approach procedure, there are two methods for executing instrument approach operations—

(a)a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and 4

(b)a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance;

“Instrument Approach Procedure (IAP)” means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures shall be classified as follows—

(a)Non-Precision Approach (NPA) procedure. An instrument approach procedure designed for 2D instrument approach operations Type A;

(b)Approach Procedure with Vertical guidance (APV). A performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A; and

(c)Precision Approach (PA) procedure. An instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS CAT I) designed for 3D instrument approach operations Type A or B;

“instrument meteorological conditions (IMC)” means Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;“isolated aerodrome” means a destination aerodrome for which there is no destination alternate aerodrome suitable for a given aeroplane type;“journey log” means a form signed by the PIC of each flight that records the aircraft's registration, crew member names and duty assignments, the type of flight, and the date, place, and time of arrival and departure;“landing decision point” means the point used in determining landing performance from which, an engine failure occurring at this point, the landing may be safely continued or a balked landing initiated;“landing distance available (LDA)” means the length of runway which is declared available and suitable for the ground run of an aeroplane landing;“large aeroplane” means an aeroplane having a maximum certified take-off mass of over 5,700 kg (12,500 lbs);“lighter-than-air aircraft” means any aircraft supported chiefly by its buoyancy in the air;“maintenance” means the performance of tasks required to ensure the continuing airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and the embodiment of a modification or repair;“maintenance organization’s procedures manual” means a document endorsed by the head of the maintenance organization which details the maintenance organization’s structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems;“maintenance programme” means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies;“certificate of release to service” means a document which contains a certification confirming that the maintenance work to whichit relates has been completed in a satisfactory manner, either inaccordance with the approved data and the procedures described in the maintenance organization’s procedures manual or under an equivalent system;“major modification” means a type design change not listed in the aircraft, aircraft engine, or propeller specifications that might appreciably affect the mass and balance limits, structural strength, performance, power-plant operation, flight characteristics, or other qualities affecting airworthiness or environmental characteristics, or that will be embodied in the product according to non-standard practices;“Master Minimum Equipment List (MMEL)” means a list established for a particular aircraft type by the organisation responsible for the type design with the approval of the State of design containing items, one or more of which is permitted to be unserviceable on the commencement of a flight. The MMEL may be associated with special operating conditions, limitations or procedures;“maximum diversion time” means maximum allowable range, expressed in time, from a point on a route to an en-route alternate aerodrome;“maximum mass” means maximum certificated take-off mass;“meteorological Information” means meteorological report, analysis, forecast, and any other statement relating to existing or expected meteorological conditions;“Minimum Descent Altitude (MDA) or Minimum Descent Height (MDH)” means a specified altitude or height in a non-precision approach or circling approach below which descent must not be made without the required visual reference;“Minimum Equipment List (MEL)” means a list approved by the Authority which provides for the operation of the aircraft, subject to specific conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for a particular aircraft type;“missed approach point” means that point in an instrument approach procedure at or before which the prescribed missed approach procedure must be initiated in order to ensure that the minimum obstacle clearance is not infringed;“missed approach procedure” means the procedure to be followed if the approach cannot be continued;“modification” means a change to the type design of an aircraft or aeronautical product which is not a repair;“navigation specification” means a set of aircraft and flight crew requirements needed to support performance-based navigation operations within a defined airspace which are of are two kinds—

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

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

“night” means the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunrise and sunset being determined at surface level, and includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object cannot clearly be seen at a distance of 4,572 m;“Non-Precision Approach (NPA) procedure” means an instrument approach procedure designed for 2D instrument approach operations Type A;“Obstacle Clearance Altitude (OCA) or Obstacle Clearance Height (OCH)” means the lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria;“Operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;“Operating Base” means the location from which operational control is exercised;“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 aircraft performance, other operating limitations, and relevant expected conditions on the route to be followed and at the aerodromes or heliports concerned;“operations manual” means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;“operator’s maintenance control manual” means a document which describes the operator’s procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator’s aircraft on time and in a controlled and satisfactory manner;“overhaul” means the restoration of an aircraft or aeronautical product using methods, techniques, and practices acceptable to the Authority, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO);“passenger exit seats” means those seats having direct access to an exit, and those seats in a row of seats through which passengers would have to pass to gain access to an exit, from the first seat inboard of the exit to the first aisle inboard of the exit;“performance-based communication (PBC)” means communication based on performance specifications applied to the provision of air traffic services;“performance-based navigation (PBN)” means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace;“Performance-Based Surveillance (PBS)”. Surveillance based on performance specifications applied to the provision of air traffic services;“Pilot-In-Command (PIC)” 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;“point of no return” means the last possible geographic point at which an aircraft can proceed to the destination aerodrome as well as to an available en-route alternate aerodrome for a given flight;“psychoactive substances” means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;“power-plant” means an engine that is used or intended to be used for propelling aircraft and includes turbo superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers;“practical test” means a competency test on the areas of operations for a licence, certificate, rating, or authorisation that is conducted by having the applicant respond to questions and demonstrate manoeuvres in flight or in an approved synthetic flight trainer;“Precision Approach (PA) procedure” means an instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS CAT I) designed for 3D instrument approach operations Type A or B;“pressure-altitude” means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere;“problematic use of substances” means the use of one or more psychoactive substances by aviation personnel in a way that—

(a)constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and

(b)causes or worsens an occupational, social, mental or physical problem or disorder;

“propeller” means a device for propelling an aircraft that has blades on an engine driven shaft and that, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines;“psychoactive substance” means alcohol, opioids, cannabinoids, sedatives and hynotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;“repair” means the restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear;“Required Communication Performance (RCP) specification” means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based communication;“Required Surveillance Performance (RSP) specification” means a set of requirements for air traffic service provision and associated ground equipment, aircraft capability, and operations needed to support performance-based surveillance;“Required Navigation Performance (RNP)” means a statement of the navigation performance necessary for operation within a defined airspace;“rest period” means a continuous and defined period of time, subsequent to or prior to duty, during which flight or cabin crew members are free of all duties;“runway surface condition” means the state of the surface of the runway: either dry, wet, or contaminated—

(a)contaminated runway. A runway is contaminated when more than 25 per cent of the runway surface area (whether in isolated areas or not) within the required length and width being used is covered by—

(i)water, or slush more than 3 mm (0.125 in) deep;

(ii)loose snow more than 20 mm (0.75 in) deep; or

(iii)compacted snow or ice, including wet ice.

(b)dry runway. A dry runway is one which is clear of contaminants and visible moisture within the required length and the width being used; and

(c)wet runway. A runway that is neither dry nor contaminated;

“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;“RVSM” means reduced vertical separation minimum;“RVSM (Reduced Vertical Separation Minima) Airspace” means any airspace or route between flight level 290 and flight level 410 inclusive where the aircraft are separated vertically by 1000ft (300m);“safe forced landing” means unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface;“safety management system” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;“safety programme” means an integrated set of regulations and activities aimed at improving safety;“safety-sensitive personnel” means persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers;“serious injury” means an injury which is sustained by a person in an accident and which—

(a)requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;

(b)results in a fracture of any bone (except simple fractures of fingers, toes or nose);

(c)involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;

(d)involves injury to any internal organ;

(e)involves second or third degree burns, or any burns affecting more than 5% of the body surface; or

(f)involves verified exposure to infectious substances or injurious radiation;

“small aeroplane” means an aeroplane having a maximum certified take-off mass of 5,700 kg (12,500 lbs) or less;“special VFR” means a controlled VFR traffic authorized by air traffic control to operate within the control zone under meteorological conditions below the visual meteorological conditions or at night;“State of the Aerodrome” means the State in whose territory the aerodrome is located;“state of design” means the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aircraft, aircraft component or appliance;“State of Registry” means the State on whose register the aircraft is entered;“State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;“substance” means alcohol, sedatives, hypnotics, anxiolytics, hallucinogens, opioids, cannabis, inhalants, central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics, phencyclidine or similarly acting arylcyclohexylamines, and other psychoactive drugs and chemicals;“Synthetic Vision system (SVS)” means a system to display data-derived synthetic images of the external scene from the perspective of the flight deck;“take-off decision point” means the point used in determining take-off performance from which, an engine failure occurring at this point, either a rejected take-off may be made or a take-off safely continued;“Target Level of Safety (TLS)” means a generic term representing the level of risk which is considered acceptable in particular circumstances;“technical Instructions” means edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;“threshold time” means the range, expressed in time, established by the Authority, to an en-route alternate aerodrome, whereby any time beyond requires an EDTO approval from the Authority;“Total Vertical Error (TVE)” means the vertical geometric difference between the actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight level);“training program” means a program that consists of courses, courseware, facilities, flight training equipment, and personnel necessary to accomplish a specific training objective and may include a core curriculum and a specialty curriculum;“Tribunal” means the National Civil Aviation Administrative Review Tribunal established under section 66 of the Act;Visual Meteorological Conditions (VMC) means meteorological terms expressed in terms of visibility, distance from cloud, and ceiling, equal to or better than specified minima;“V₁” means take-off decision speed; and“V_mo” means maximum operating speed.

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Source: Kenya Law