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The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020

23. General obligation of a UAS owner or operator

Edition: 2020-04-03 · In force

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23. General obligation of a UAS owner or operator

(1)An Unmanned Aircraft System owner or operator shall—
(a)be responsible for the safe conduct of its operations;
(b)comply with all requirements, terms and conditions established by the Authority regarding its operation;
(c)be responsible for contracted services from providers including communications service providers, as necessary, to carry out its operations;
(d)be responsible for operational control of the Unmanned Aircraft System;
(e)ensure that it is registered in accordance with the provisions of these Regulations; and
(f)ensure secure storage of the Unmanned Aircraft System or components thereof at all times.
(2)Unless otherwise specified by the Authority a request for authorization for operation of Unmanned Aircraft System shall include the following—
(a)name and contact information of the operator;
(b)Unmanned Aircraft System characteristics (type of aircraft, maximum certificated take-off mass, number of engines and wing span);
(c)copy of certificate of registration of the Unmanned Aircraft System;
(d)aircraft identification to be used in radiotelephony, if applicable;
(e)copy of the certificate of airworthiness if applicable;
(f)copy of the Unmanned Aircraft System operator certificate, if applicable;
(g)copy of the Remote pilot(s) licence, if applicable;
(h)copy of the aircraft radio station licence, if applicable;
(i)description of the intended operation including the type of operation or purpose, flight rules, Visual Line-of Sight (VLOS) operation, if applicable, date of intended flight(s), point of departure, destination, cruising speed(s), cruising level(s), route to be followed, duration or frequency of flight; take-off and landing requirements;
(j)Unmanned Aircraft System performance characteristics, including—
(i)operating speeds;
(ii)typical and maximum climb rates;
(iii)operating frequencies;
(iv)typical and maximum descent rates;
(v)typical and maximum turn rates;
(vi)other relevant performance data including limitations regarding wind, icing and precipitation; and
(vii)maximum aircraft endurance;
(k)communications, navigation and surveillance capabilities;
(l)aeronautical safety communications frequencies equipment, including—
(i)ATC communications, including any alternate means of communication;
(ii)command and control (C2) links;
(iii)performance parameters and designated operational coverage area;
(iv)communications between remote pilot and Remote Piloted Aircraft (RPA);
(v)Remote Piloted Aircraft observer, if applicable;
(vi)navigation equipment;
(vii)surveillance equipment, including Secondary Surveillance Radar transponder and Automatic Dependent Surveillance-Broadcast (ADSB);
(m)detect and avoid capabilities;
(n)emergency procedures, including—
(i)communications failure with Air Traffic Control (ATC);
(ii)C2 failure;
(iii)remote pilot or remote piloted aircraft observer communications failure, if applicable;
(iv)number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable;
(v)document attesting noise certification, if applicable;
(vi)confirmation of compliance with the Civil Aviation (Security) Regulations;
(vii)payload information or description; and
(viii)proof of adequate insurance coverage.
(3)Unmanned Aircraft System shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.
(4)Where documents identified in subregulation (2) are issued in a language other than English, the Unmanned Aircraft System operator or owner shall ensure that an English translation is included and provide a certificate of translation.
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Source: Kenya Law