AGADVOKS GLOBALKENYA · ENGLISH
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The Civil Aviation (Rules of the Air) Regulations, 2018

51. General Communications

Edition: 2022-12-31 · In force

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51. General Communications

(1)An aircraft operated as a controlled flight shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and establish two-way communication as necessary with, the appropriate air traffic control unit, except as may be prescribed by the appropriate ATS authority in respect of aircraft forming part of aerodrome traffic at a controlled aerodrome.
(2)Aircraft shall comply with the voice communication failure procedures of the Civil Aviation (Communication Procedures) Regulations.
(3)Aircraft shall attempt to establish communications with the appropriate air traffic control unit using all other available means.
(4)Aircraft forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for such instructions as may be issued by visual signals.
(5)An aircraft in visual meteorological conditions shall—
(a)continue to fly in visual meteorological conditions; land at the nearest suitable aerodrome; and report its arrival by the most expeditious means to the appropriate air traffic services unit;
(b)complete an IFR flight in accordance with sub regulations (6) if considered advisable.
(6)Aircraft shall, if in instrument meteorological conditions or when the pilot of an IFR flight considers it inadvisable to complete the flight in accordance with sub regulation (5) (a):
(a)maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft’s failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan unless otherwise prescribed on the basis of regional air navigation agreement, in airspace where radar is not used in the provision of air traffic control;
(b)in airspace where radar is used in the provision of air traffic control, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 7 minutes following—
(i)the time the last assigned level or minimum flight altitude is reached; or
(ii)the time the transponder is set to Code 7600; or
(iii)the aircraft’s failure to report its position over a compulsory reporting point; whichever is later, and thereafter adjust level and speed in accordance with the filed flight plan;
(c)rejoin the current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude when being radar vectored or having been directed by ATC to proceed offset using area navigation (RNAV) without a specified limit;
(d)proceed according to the current flight plan route to the appropriate designated navigation aid or fix serving the destination aerodrome and, when required to ensure compliance with (e) below, hold over this aid or fix until commencement of descent;
(e)commence descent from the navigation aid or fix specified in (d) at, or as close as possible to, the expected approach time last received and acknowledged; or, if no expected approach time has been received and acknowledged, at, or as close as possible to, the estimated time of arrival resulting from the current flight plan;
(f)complete a normal instrument approach procedure as specified for the designated navigation aid or fix; and
(g)land within 30 minutes after the estimated time of arrival specified in (e) or the last acknowledged expected approach time.
(7)Where an aeronautical station has been unable to establish contact with a pilot-in-command after calls on the frequencies on which the pilot-in-command is believed to belistening, the station shall—
(a)request other aeronautical stations to render assistance by calling the pilot-in-command and relaying traffic information, if necessary;
(b)request pilot-in-command of other aircraft on the route to attempt to establish communication with the aircraft and relay traffic information, if necessary.
(8)The provisions of subregulation (7) shall also be applied—
(a)on request of the air traffic service unit concerned;
(b)when an expected communication from a pilot-in-command has not been received within a time period such that the occurrence of a communication failure is suspected.
(9)The time period referred to in subregulation (8) (b) shall be prescribed by the Authority.
(10)Where the attempts specified in subregulation (7) fail, the aeronautical station shall transmit messages addressed to the pilot-in- command, other than messages containing air traffic control clearances, by blind transmission on the frequency on which the Pilot-in-command is believed to be listening.
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Source: Kenya Law