ADVOKS GLOBAL · KENYA
The Civil Aviation (Rules of the Air) Regulations, 2018
3. Application of the rules of the air
Edition: 2022-12-31 · In force
3. Application of the rules of the air
(1)These Regulations shall apply—(a)to every person and every aircraft, including state aircraft;(b)to all aircraft bearing the nationality and registration marks of Kenya, wherever they may be, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown: and(c)in full, to all aircraft flying over the high seas.(2)For purposes of flight over those parts of the high seas where another Contracting State has accepted, pursuant to a regional air navigation agreement, the responsibility of providing air traffic services, the appropriate ATS Provider designated by that State shall be responsible for providing those services to aircraft registered in Kenya.(3)Subject to the provisions of subregulation (1), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, these Regulations.(4)If any departure from these Regulations is made for the purpose of avoiding immediate danger or in an emergency situation, the pilot-in-command shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given without delay, and in any case within ten days thereafter, to the competent authority of the State in whose territory the departure was made with a copy of it to the Authority and the State of the Operator, and in the case of a State aircraft, if the departure was made over the high seas, to the Authority.(5)Nothing in these Regulations shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case.(6)The Authority may, for the purpose of promoting the safety of aircraft, make rules as to special signals and other communications to be made by or on an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precautions to be observed in relation to the navigation and control of aircraft which the Authority may consider expedient for the purpose aforesaid and no aircraft shall fly in contravention of any such rules.