ADVOKS GLOBAL · KENYA
The Civil Aviation (Rules of the Air) Regulations, 2018
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In these Regulations, unless the context otherwise requires—"acrobatic flight" means manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed;"ADS-C agreement" means a reporting plan which establishes the conditions of ADS-C data reporting (including data required by the air traffic services unit and frequency of ADS-C reports which have to be agreed to prior to using ADS-C in the provision of air traffic services);"Act" means the Civil Aviation Act, 2013;"advisory airspace" means an airspace of defined dimensions, or designated route, within which air traffic advisory service is available;"advisory route" means a designated route along which air traffic advisory service is available;"aerodrome" means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;"aerodrome control service" means air traffic control service for aerodrome traffic;"aerodrome control tower" means unit established to provide air traffic control service to aerodrome traffic;"aerodrome traffic" means all traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome;"aerodrome traffic zone" means an airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic;"Aeronautical Information Publication (AIP)" means a publication issued by or with the authority of the State and containing aeronautical information of a lasting character essential to air navigation;"aeronautical mobile service" means a mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate;"aeronautical station" means land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located, for example, on board a ship or on a platform at sea;"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;"airborne collision avoidance system" means an aircraft system based on secondary surveillance radar transponder signals which operates independently of ground based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with secondary surveillance radar transponders;"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth surface;"air-ground control radio station" means an aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area;"air-taxiing" means movement of a helicopter or vertical take-off and landing above the surface of an aerodrome, normally in ground effect and at a ground speed normally less than 37 km/h (20 kts);"air traffic" means all aircraft in flight or operating on the manoeuvring area of an aerodrome;"air traffic advisory service" means a service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on instrument flight rules flight plans;"air traffic control clearance" means authorisation for an aircraft to proceed under conditions specified by an air traffic control unit;"air traffic control service" means a service provided for the purpose of—(a)preventing collisions—(ii)on the manoeuvring area between aircraft and obstructions; and(b)expediting and maintaining an orderly flow of air traffic;"air traffic control unit" means an area control centre, approach control unit or aerodrome control tower;"air traffic service" means flight information service, alerting service, air traffic advisory service, or air traffic control service;"air traffic services airspaces" means airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified;"air traffic services reporting office" means a unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure;"air traffic services route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services;"air traffic services unit" includes an air traffic control unit, flight information centre or air traffic services reporting office;"airway" means a control area or portion thereof established in the form of a corridor;"alerting service" means a service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required;"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 and includes the following—(a)"take-off alternate" means 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" means an aerodrome at which an aircraft would be able to land after experiencing an abnormal or emergency condition while en route;(c)"extended Range Operation by Turbine-engined Aeroplanes en-route alternate" means a suitable and appropriate alternate aerodrome at which an aeroplane would be able to land after experiencing an engine shutdown or other abnormal or emergency condition while en route in an Extended Range Operation by Turbine-engined Aeroplanes operation; and(d)"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;provided that the aerodrome from which a flight departs may also be an en-route or a destination alternate aerodrome for that flight;"Altitude" means the vertical distance of a level, a point or an object considered as a point, measured from mean sea level ;"anti-collision light" means a flashing red or flashing white light showing in all directions for the purpose of enabling the aircraft to be more readily detected by the pilots of distant aircraft;"approach control service" means air traffic control service for arriving or departing controlled flights;"approach control unit" means a unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes;"appropriate air traffic services (ATS) authority" means the relevant authority designated by the State responsible for providing air traffic services in the airspace concerned;"appropriate authority"—(a)in relation to flight over the high seas, means the relevant authority of the State of Registry(b)in relation to flight other than over the high seas, means the relevant authority of the State having sovereignty over the territory being overflown;"apron" means a defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;"area control centre" means a unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction;"area control service" means air traffic control service for controlled flights in control areas;"Area navigation (RNAV)" means a method of navigation which permits aircraft operation on any desired flight path within the coverage of ground-or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these;"ATS route" means a specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services;"Automatic dependent surveillance — broadcast (ADS-B)" means a means by which aircraft, aerodrome vehicles and other objects can automatically transmit and receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link;"Automatic dependent surveillance — contract (ADS-C)" means a means by which the terms of an ADS-C agreement will be exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what data would be contained in the reports;"Authority" means the Kenya Civil Aviation Authority established under section 4 of the Act;"ceiling" means the height above the ground or water of the base of the lowest layer of cloud below 6 000 metres (20 000 feet) covering more than half the sky;"changeover point" means the point at which an aircraft navigating on an air traffic services route segment defined by reference to very high frequency omni-directional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;"clearance limit" means the point to which an aircraft is granted an air traffic control clearance;"command and control (C2) link" means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight;"competent authority" in relation to Kenya, means the Authority and, in relation to any other state, the authority responsible under the law of that state for promoting the safety of civil aviation;"control area" means a controlled airspace extending upwards from a specified limit above the earth;"controlled aerodrome" means an aerodrome at which air traffic control service is provided to aerodrome traffic;"controlled airspace" means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;"controlled flight" means any flight which is subject to an air traffic control clearance;"Controller-pilot data link communications (CPDLC)" means a means of communication between controller and pilot, using data link for Air Traffic Control communications;"control zone" means a controlled airspace extending upwards from the surface of the earth to a specified upper limit;"Cruise climb" means an aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases;"cruising level" means a level maintained during a significant portion of a flight;"current flight plan" means the flight plan, including changes, if any, brought about by subsequent clearances;"danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times;"data link communications" means a form of communication intended for the exchange of messages via a data link;"Detect and avoid" means the capability to see, sense or detect conflicting traffic or other hazards and take the appropriate action;"estimated off-block time" means the estimated time at which the aircraft will commence movement associated with departure;"estimated time of arrival"—(a)for instrument flight rules flights means 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;(b)for visual flight rules flights means the time at which it is estimated that the aircraft will arrive over the aerodrome;"expected approach time" means the time at which air traffic control expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing;"filed flight plan" means the flight plan as filed with an air traffic services unit by the pilot or a designated representative, without any subsequent changes;"flight" means in the case of—(a)an aeroplane or glider, from the moment it first moves for the purpose of taking off until the moment when it next comes to rest after landing;(b)an airship or free balloon, from the moment when it first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon;"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;"flight information centre" means a unit established to provide flight information service and alerting service;"flight information region" means an airspace of defined dimensions within which flight information service and alerting service are provided;"flight information service" means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;"flight level" means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;"flight plan" means specified information provided to air traffic service units, relative to an intended flight or portion of a flight of an aircraft;"flight visibility" means the visibility forward from the cockpit of an aircraft in flight;"glider" means a non-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;"ground visibility" means the visibility at an aerodrome, as reported by an accredited observer;"heading" means the direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid);"heavier-than-air aircraft" means any aircraft deriving its lift in flight chiefly from aerodynamic forces;"height" means the vertical distance of a level, a point or an object considered as a point, measured from a specified datum;"helicopter" means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis;"IFR" means the symbol used to designate the instrument flight rules;"IFR flight" means a flight conducted in accordance with the instrument flight rules;"IMC" means the symbol used to designate instrument meteorological conditions;"instrument approach operations" means an approach and landing using instruments for navigation guidance based on an instrument approach procedure and there are two methods for executing instrument approach operations—(a)a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and(b)a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance."instrument approach procedure" means a series of pre- determined 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 and is classified as follows—(a)non-precision approach (NPA) procedure - an instrument approach procedure designed for 2D instrument approach 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.(c)precision approach procedure (PA) - 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" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling, less than the minima specified for visual meteorological conditions;"landing area" means that part of a movement area intended for the landing or take-off of aircraft;"level" means a generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level;"manoeuvring area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;"movement area" means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron(s);"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 metres;"operator" means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;"overtaking aircraft" means an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, so that it is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft left (port) or right (starboard) navigation lights;"parascending parachute" means a parachute which is towed by cable in such a manner as to cause it to ascend;"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;"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; or(b)causes or worsens an occupational, social, mental or physical problem or disorder;"prohibited area"means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited;"psychoactive substances" means alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded;"radiotelephony" means a form of radio communication primarily intended for the exchange of information in the form of speech;"remote pilot" means a person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time;"remote pilot station" means the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft;"remotely piloted aircraft (RPA)" means an unmanned aircraft which is piloted from a remote pilot station;"remotely piloted aircraft system (RPAS)" means a remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design;"repetitive flight plan" means a flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by air traffic services units;"reporting point" means a specified geographical location in relation to which the position of an aircraft can be reported;"restricted area" means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;"RPA observer" means a trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight;"runway" means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;"runway-holding position" means a designated position intended to protect a runway, an obstacle limitation surface, or an Instrument Landing System or Microwave Landing System critical area or sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorized by the aerodrome control tower;"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;"signal area" means an area on an aerodrome used for the display of ground signals;"simulated instrument flight" means a flight during which mechanical or optical devices are used in order to reduce the field of vision or the range of visibility from the cockpit of the aircraft;"special visual flight rules (VFR) flight " means a visual flight rules flight authorized by air traffic control to operate within a control zone in meteorological conditions below the Visual Meteorological Conditions (VMC) or at night;"secondary surveillance radar" means a surveillance radar system which uses interrogators and transponders;"taxiing" means movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing;"taxiway" means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including—(a)aircraft stand taxilane - a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;(b)apron taxiway - a portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron;(c)rapid exit taxiway - a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimizing runway occupancy times;"terminal control area" means a control area normally established at the confluence of air traffic services routes in the vicinity of one or more major aerodromes;"total estimated elapsed time"—(a)for instrument flight rules flights means the estimated time required from take-off to 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 destination aerodrome, to arrive over the destination aerodrome;(b)for visual flight rules flights means the estimated time required from take-off to arrive over the destination aerodrome;"track" means the projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid);"traffic avoidance advice" means advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision;"traffic information" means information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision;"transition altitude" means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes;"tribunal" means the National Civil Aviation Administrative Review Tribunal established under section 66 of the Civil Aviation Act,2013;"unmanned free balloon" means a non-power-driven, unmanned, lighter-than-air aircraft in free flight;"VFR" means a symbol used to designate the visual flight rules;"visual flight rules flight" means a flight conducted in accordance with the visual flight rules;"visibility" for aeronautical purposes means 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 1000 candelas can be seen and identified against an unlit background;"visual line-of-sight (VLOS) operation" means an operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft;"visual meteorological conditions" means meteorological conditions expressed in terms of visibility distance from cloud, and ceiling, equal to or better than specified minima; and"VMC" means the symbol used to designate visual meteorological conditions.