ADVOKS GLOBAL · KENYA
The Civil Aviation (Rules of the Air) Regulations, 2018
10. Minimum heights
Edition: 2022-12-31 · In force
10. Minimum heights
(1)A person shall not fly an aircraft over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface, except when necessary for take-off or landing, or except by permission from the appropriate authority.(2)Subject to subregulations (3), (4) and (5)—(a)a person shall not fly an aircraft over any congested area of a city, town or settlement or over an open air assembly of persons below—(i)such height as will permit the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit; or(ii)a height of 1,000 feet above the highest fixed object within 600 metres of the aircraft, whichever is the higher;(b)a person shall not fly a helicopter below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit;(c)except with the permission in writing of the Authority and in accordance with any condition therein specified, a person shall not fly a helicopter over a congested area of a city, town or settlement below a height of 1,000 feet above the highest fixed object within 600 metres of the helicopter;(d)a person shall not fly an aircraft—(i)over, or within one thousand metres of any assembly in the open air of more than one thousand persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or(ii)below such height as would enable it to land clear of the assembly in the event of the failure of a power unit or if such an aircraft is towing a banner the height shall be calculated on the basis that the banner shall not be dropped within one thousand metres of the assembly:Provided that where a person is charged with an offence under these Regulations by reason of a contravention of this subregulation, it shall be a good defence to prove that the flight of the aircraft over, or within one thousand metres of the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly; and(e)an aircraft shall not fly less than 500 feet above ground or water.(3)The provisions of subregulation (1) (d) and (e) shall not apply—(a)to an aircraft which is being used for police purposes;(b)to the flight of an aircraft over or within 1,000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organizers of the event, and the races, contest, exhibition or flight is approved by the Authority.(4)The provisions of subregulation (1)(e) shall not apply to an aircraft which is being used for aerial work operations related to agriculture, horticulture, or forest preservation in accordance with the operating provisions of the Civil Aviation (Aerial Work) Regulations.(5)The provisions of subregulation 1(a) shall not apply to—(a)an aircraft while it is landing or taking-off in accordance with normal aviation practice; or(b)a glider while it is hill-soaring.(6)Nothing in this regulation shall prohibit any aircraft from—(a)taking off, landing or practising approaches to landing; or(b)flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a licensed or certificated aerodrome in Kenya or at any aerodrome in any other state; or(c)flying in such a manner as may be necessary for the purpose of saving life:Provided that in the case of practising approaches to landing, such practising is confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.(7)The provisions of this regulation shall not apply to any captive balloon or kite.