ADVOKS GLOBAL · KENYA
The Civil Aviation (Rules of the Air) Regulations, 2018
67. Offenses
Edition: 2022-12-31 · In force
67. Offenses
(1)A person who contravenes any provision of these regulations, commits an offence and is liable on conviction to a fine not exceeding two million shillings, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.(2)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these regulations, was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.(3)Where a person is charged with contravening a provision of these regulations by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.(4)In case an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.(5)Any aircraft subject to alien for the purpose of subregulation(5)may be seized by and placed in the custody of the Authority;(6)The aircraft shall be released from custody of the Authority upon—(a)payment of the penalty or the amount agreed upon in compromise;(b)deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise;(c)receiving an order of the court to that effect.(8)A person who contravenes any provision specified in Part A of the Fifth Schedule to these regulations commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence or to imprisonment for a term not exceeding one year or to both.(9)A person who contravenes any provision specified in Part B of the Fifth Schedule to these regulations commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and/or to imprisonment for a term not exceeding three years or to both.