SUPPLEMENT NO.72 - Aerodromes Regulations, 2013

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SPECIAL ISSUE 1049

Kenya Gazette Supplement No. 72 10th May, 2013

(Legislative Supplement No. 39)

LEGAL NOTICE NO. 84


THE CIVIL AVIATION ACT
(No. 21 of 2013)
THE CIVIL AVIATION (AERODROMES) REGULATIONS, 2013

ARRANGEMENT OF REGULATIONS

PART I—PRELIMINARY PROVISIONS


Regulation
1. Citation.
2. Interpretation.
3. Use of common reference systems.
4. Categories of aerodromes.
PART II—CONSTRUCTION OF AERODROMES
5. Application of this Part.
6. Requirements for application for an aerodrome construction permit.
7. Issuance of aerodrome construction permits.
8. Design and construction of aerodrome.
9. Requirement for aerodrome design.
10. Aerodrome reference code.
PART III—LICENSING OF AERODROMES
11. Application of this Part.
12. Application for licence.
13. Conditions for issuance of licence.
14. Issuance of licence.
15. Breach of conditions of licence and non-conformance with the licensing
requirements.
16. Aerodrome licence.
17. Validity of licence.
18. Renewal of licence .
19. Amendment of licence.
20. Suspension and cancellation of licence.
21. Surrender of licence.
22. Charges at licensed aerodrome.
23. Licences register.
24. Notification and furnishing of information.
PART IV—CERTIFICATION OF AERODROMES
25. Application of this Part.
26. Application for certificate.
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27. Conditions for issuance of certificate.


28. Breach of conditions of certificate and non-conformance with
certification requirements.
29. Certification of aerodromes used for international operations.
30. Issuance of certificate.
31. Validity of certificate.
32. Renewal of certificate.
33. Amendment of certificate.
34. Suspension and cancellation of certificate.
35. Surrender of certificate.
36. Charges at certificated aerodromes.
37. Certificates register and notification of certified aerodromes.
PART V-OBLIGATIONS OF AERODROME OPERATOR
38. Application of this Part.
39. Compliance with conditions.
40. Competence of operational and maintenance personnel.
41. Aerodrome operations and maintenance.
42. Safety management system.
43. Storage of inflammable and other dangerous goods.
44. Safety measures against fire.
45. Access to and operations within restricted areas.
46. Entry into or exit from restricted areas of aerodrome.
47. Test-running of aircraft engine.
48. Certain acts prohibited on aerodrome.
49. Removal of obstructions from aerodrome surfaces.
50. Maintenance of environment management programme.
51. Protection of navigation aids.
52. Responsibilities of operator.
53. Inspection of aerodromes and unhindered access by inspectors of the
Authority.
54. Notifying and reporting.
55. Aerodrome movement area inspections.
56. Special inspections.
57. Warning notices.
PART VI-AERODROME MANUAL
58. Application of this Part.
59. Requirements for aerodrome manual.
60. Information to be included in aerodrome manual.
61. Amendment of aerodrome manual.
PART VII-WILDLIFE HAZARD MANAGEMENT
62. Application of this Part.
63. Animals not allowed in restricted areas of aerodrome.
64. Wildlife hazard management.
65. Wildlife hazard reduction at aerodrome.
66. National Committee on Wildlife Hazard Management.
PART VIII-OBSTACLE RESTRICTIONS AND REMOVAL
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67. Application of this Part.


68. Erection of obstacles.
69. Establishment of obstacle limitation surfaces.
70. Authorisation to construct within the vicinity of an aerodrome.
71. Removal of obstacle.
72. Marking and lighting of obstacle.
PART IX-AERONAUTICAL GROUND LIGHTING
73. Application of this Part.
74. Establishment and maintenance of aeronautical ground lights.
75. Secondary power supply.
76. Aeronautical beacons.
PART X-AERODROME VISUAL AIDS
77. Application of this Part.
78. Wind direction indicators.
79. Signalling lamp.
80. Signal panel and signalling area.
81. Markings.
82. VOR aerodrome checkpoint marking.
83. Aircraft stand markings.
84. Apron safety lines.
85. Road-holding positions.
86. Mandatory instruction markings and signs.
87. Information marking.
88. Visual aids for denoting obstacles.
89. Obstacles to be marked or lighted.
90. Visual aids for denoting restricted areas.
PART XI-AERODROME OPERATIONAL SERVICES, EQUIPMENT,
INSTALLATIONS AND FACILITIES
91. Application of this Part.
92. Immigration, customs and excise aerodromes.
93. Supply of aviation fuel to aircraft.
94. Aerodrome emergency planning.
95. Emergency planning committee.
96. Aerodrome emergency exercise.
97. Emergency operation centre and command post.
98. Emergencies in difficult environment.
99. Aerodrome rescue and fire fighting services.
100. Removal of disabled aircraft.
101. Apron management service.
102. Ground servicing of aircraft.
103. Aerodrome vehicle operation.
104. Location, construction and installation of equipment on operational areas.
105. Fencing of aerodromes and installations.
106. Maintenance of safety inspection programme.
107. Maintenance of fire prevention programme.
108. Access of ground vehicles to aerodrome movement area.
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PART XII-AERODROME MAINTENANCE


109. Application of this Part.
110. Maintenance programme.
111. Maintenance of movement and adjacent areas.
112. Preventive maintenance of visual aids.
113. Construction or maintenance activity during low visibility operations.
114. Works at aerodromes.
PART XIII-ELECTRICAL SYSTEMS
115. Application of this Part.
116. Electrical power supply systems for air navigation services and facilities.
PART XIV-INFORMATION TO BE REPORTED TO
AERONAUTICAL INFORMATION SERVICES
117. Application of this Part.
118. Availability of Information.
119. Action required for occurrences of operational significance other than
those involving electronic aids and communication facilities.
120. Action required for occurrences that affect electronic aids and
communication facilities.
121. Aeronautical data reporting.
PART XV-EXEMPTIONS
122. Application of this Part.
123. Application for exemption.
124. Initial review by the Authority.
125. Evaluation of application for exemption.
PART XVI-GENERAL PROVISIONS
126. Application of this Part.
127. Change of name of a licence or certificate holder.
128. Change of address of a licence or certificate holder.
129. Use and retention of licences, certificates and records.
130. Replacement of documents.
131. Aeronautical user charges.
132. Conditions for operating an aerodrome.
133. Standards for physical characteristics.
134. Dangerous light.
135. Lighting of en-route obstacles.
136. Land use in the vicinity of an aerodrome.
137. Aeronautical studies.
138. Deviations from standards.
139. Safety inspections and audits.
140. Obligation to insure an aerodrome.
PART XVII-OFFENCES AND PENALTIES

141. Contravention of Regulations.


142. Offences and Penalties.
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PART XVIII-SAVINGS AND TRANSITION


143. Savings and Transition.
144. Revocation.

SCHEDULES

FIRST SCHEDULE - SYSTEMATIC MANAGEMENT OF SAFETY AT


AERODROMES

SECOND SCHEDULE - PARTICULARS TO BE INCLUDED IN AN


AERODROME MANUAL FOR AERODROMES
IN CATEGORY A
THIRD SCHEDULE - PARTICULARS TO BE INCLUDED IN AN
AERODROME MANUAL FOR AERODROMES
IN CATEGORIES B AND C
FOURTH SCHEDULE - PARTICULARS TO BE INCLUDED IN AN
AERODROME MANUAL FOR AERODROMES
IN CATEGORY D (HELIPORTS)
FIFTH SCHEDULE -AERODROME DATA
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THE CIVIL AVIATION


(No. 21 of 2013)

IN EXERCISE of powers conferred by section 82 of the Civil


Aviation Act, the Minister for Transport makes the following
Regulations:—

THE CIVIL AVIATION (AERODROMES) REGULATIONS, 2013

PART I-PRELIMINARY PROVISIONS


Citation 1. These Regulations may be cited as the Civil Aviation
(Aerodromes) Regulations, 2013.
Interpretation 2. In these Regulations unless the context otherwise requires-
“accuracy” means a degree of conformance between the
estimated or measured value and the true value;
“Act” means the Civil Aviation Act;
“aerodrome” means a defined area on land including any
buildings, installations, and equipment used for the arrival, departure
and surface movement of aircraft licensed or certificated under these
Regulations;
“aerodrome beacon” means an aeronautical beacon used to
indicate the location of an aerodrome from the air;
“aerodrome certificate” means a certificate issued by the
Authority under Part IV of these regulations;
“aerodrome elevation” means the elevation of the highest point
of the landing area;
“aerodrome facilities and equipment” means facilities and
equipment, inside or outside the boundaries of an aerodrome that are
constructed or installed and maintained for the arrival, departure and
surface movement of aircraft;
“aerodrome identification sign” means a sign placed on an
aerodrome to aid in identifying the aerodrome from the air;
“aerodrome manual” means the manual that forms part of the
application for a licence or a certificate under these Regulations,
including any amendments to the manual, approved by the Authority;
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“aerodrome reference code” means a code used for planning


purposes to classify an aerodrome with respect to the critical aircraft
characteristics for which the aerodrome is intended;
“aeroplane reference field length” means the minimum field
length required for take-off at maximum certificated take-off mass, sea-
level, standard atmospheric conditions, still air and zero runway slope,
as shown in the appropriate aeroplane flight manual prescribed by the
certificating authority or equivalent data from the aeroplane
manufacturer;

“aerodrome reference point” means the designated geographical


location of an aerodrome;
“aerodrome traffic density” means
(a) Light. Where the number of movements in the mean busy
hour is not greater than 15 per runway or typically less than
20 total aerodrome movements;
(b) Medium. Where the number of movements in the mean busy
hour is of the order of 16 to 25 per runway or typically
between 20 to 35 total aerodrome movements;
(c) Heavy. Where the number of movements in the mean busy
hour is of the order of 26 or more per runway or typically
more than 35 total aerodrome movements;
“aerodrome traffic zone” means the airspace extending from
aerodrome level to a height of two thousand feet over the area
comprising the aerodrome and the surrounding land or water within a
distance of two thousand yards of its boundaries;
“aeronautical beacon” means an aeronautical ground light visible
at all azimuths, either continuously or intermittently, to designate a
particular point on the surface of the earth;
“aeronautical ground light” means any light specially provided as
an aid to air navigation, other than a light displayed on an aircraft;
“Aeronautical Information Circular” means a notice containing
information that does not qualify for the origination of a NOTAM or for
inclusion in the Aeronautical Information Publication, but which relates
to flight safety, air navigation, technical, administrative or legislative
matters;
“Aeronautical Information Publication” means an aeronautical
information publication of a lasting character essential to air navigation,
issued by the Authority;
“air traffic service” means a flight information service, alerting
service, air traffic advisory service, or air traffic control service;
“air traffic service unit” is a generic term meaning variously, air
traffic control unit, flight information centre or air traffic services
reporting office;
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“Aircraft Classification Number” means a number expressing the


relative effect of an aircraft on a pavement for a specified standard sub-
grade category;
“aircraft stand” means a designated area on an apron intended to
be used for parking an aircraft;
“apron” means a defined area, on a land aerodrome, intended to
accommodate aircraft for purposes of loading or unloading of
passengers, mail or cargo, fuelling, parking or maintenance;
“apron management service” means a service provided to
regulate the activities and the movement of aircraft and vehicles on an
apron;
“Authority” means the Kenya Civil Aviation Authority;
"authorized person" means any person authorized by the
Authority either generally or in relation to a particular case or class of
cases and reference to an authorized person includes references to the
holder for the time being of an office designated by the Authority;
“balked landing” means a landing manoeuvre that is
unexpectedly discontinued at any point below the obstacle clearance
altitude/height (OCA/H);
“barrette” means three or more aeronautical ground lights
closely spaced in a transverse line so that from a distance they appear as
a short bar of light;
“calendar” means discrete temporal reference system that
provides the basis for defining temporal position to a resolution of one
day;
“capacitor discharge lights” means a lamp in which high-
intensity flashes of extremely short duration are produced by the
discharge of electricity at high voltage through a gas enclosed in a tube;
“certificate” means the certificate to operate an aerodrome issued
by the Authority under Part IV of these Regulations;
“certified aerodrome” means an aerodrome whose operator has
been granted an Aerodrome Certificate;
“clearway” means a defined rectangular area on the ground or
water under the control of the appropriate authority selected or prepared
as a suitable area over which an aircraft may make a portion of its initial
climb to a specified height;
“controlled aerodrome” means an aerodrome where air traffic
services are provided;
“critical aircraft” means the most demanding aircraft with regard
to the aircraft performance and dimensions for a range of aircraft, for
which the aerodrome facilities is intended;
“dangerous goods” means articles or substances which are
capable of posing a risk to health, safety, property or the
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environment;
“declared distance” -
(a) “accelerate-stop distance available” means the length of the
take-off run available plus the length of the stopway, if
provided;
(b) “landing distance available” means the length of the runway
which is declared available and suitable for the ground run
of an aircraft landing;
(c) “take-off distance available” means the length of the take-
off run available plus the length of the clearway, if provided;
(d) “take-off run available” means the length of runway declared
available and suitable for the ground run of an aircraft taking
off;
“datum” means any quantity or set of quantities that may serve
as a reference or basis for the calculation of other quantities;
“displaced threshold” means a threshold not located at the
extremity of a runway;
“geoid” means the equipotential surface in the gravity field of
the earth which coincides with the undisturbed Mean Sea Level
extended continuously through the continents;
“hazard beacon” means an aeronautical beacon used to designate
a danger to air navigation;
“holding bay” means a defined area where aircraft can be held,
or bypassed, to facilitate efficient surface movement of aircraft;
“human factor principles” means principles which apply to
aeronautical design, certification, training, operations and maintenance
and which seek safe interface between the human and other system
components by proper consideration to human performance;
“human performance” means human capabilities and limitations,
which have an impact on the safety and efficiency of aeronautical
operations;
“identification beacon” means an aeronautical beacon emitting a
coded signal by means of which a particular point of reference can be
identified;
“incident” means an occurrence other than an accident
associated with the operation of an aircraft, which affect or may
affect the safety of operation of aircraft;
“instrument runway” means one of the following types of
runways intended for the operation of aircraft using instrument
approach procedures-
(a) “non- precision approach runway” which means an
instrument runway served by visual aids and a non-visual aid
providing at least directional guidance adequate for a
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straight-in approach;
(b) “precision approach runway, category I”, which means an
instrument runway served by instrument landing system
and/or microwave landing system and visual aids intended
for operation with a decision height not lower than 60m (200
ft) and either a visibility not less than 800 m or a runway
visual range not less than 550m;
(c) “precision approach runway, category II”, which means an
instrument runway served by Instrument Landing System
and/or Microwave Landing System and visual aids intended
for operation with a decision height lower than 60m (200 ft)
but not lower than 30 m (100 ft) and a runway visual range
not less than 300 m;
“intermediate holding position” means a designated position
intended for traffic control at which taxiing aircraft and vehicles shall
stop and hold until they are cleared to proceed, when so instructed by
the aerodrome control tower;
“landing area” means that part of a movement area intended for
the landing or take-off of aircraft;
“landing direction indicator” means a device to indicate visually
the direction currently designated for landing and take-off;
"licence" means a licence to operate an aerodrome issued by the
Authority under Part III of these Regulations;
“lighting system reliability” means the probability that the
complete installation operates within the specified tolerances and that
the system is operationally usable;
“manoeuvring area” means that part of an aerodrome to be used
for the take-off, landing and taxiing of aircraft, excluding aprons;
“Manual of Aerodrome Standards” means a manual developed
by the Authority on aerodrome standards;
“marker” means an object displayed above ground level in order
to indicate an obstacle or delineate a boundary;
“marking” means a symbol or group of symbols displayed on
the surface of the movement area in order to convey aeronautical
information;
“Minister” means the Minister for the time being responsible for
civil aviation;
“movement area” means that part of the aerodrome to be used
for take-off, landing and taxiing of aircraft, consisting of the
manoeuvring area and apron;
“notify” means shown in Aeronautical Information
Publications, Aeronautical Information Circulars, NOTAM, civil
aviation publications or any other official publication issued for the
purpose of enabling any of the provisions of these Regulations to be
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complied with;
“non-instrument runway” means a runway intended for the
operation of aircraft using visual approach procedures;
“obstacle” means any fixed (whether temporary or permanent)
and mobile object, or part thereof, that:
(a) is located on an area intended for the surface movement of
aircraft; or
(b) extends above a defined surface intended to protect aircraft in
flight; or
(c) stands outside those defined surfaces and that has
been assessed as being a hazard to air navigation.
“obstacle free zone” means the airspace above the inner
approach surface, inner transitional surfaces, the balked landing
surface and that portion of the strip bounded by these surfaces, which
is not penetrated by any fixed obstacle other than a low-mass and
frangibly mounted one required for air navigation purposes;
“obstacle limitation surfaces” means a series of surfaces that
define the volume of airspace at and around an aerodrome to be kept
free of obstacles in order to permit the intended aircraft operations to
be conducted safely and to prevent the aerodrome from becoming
unusable by the growth of obstacles around the aerodrome;
“operator” means a person operating an aerodrome licensed or
certificated under these Regulations;
“pavement classification number” means a number expressing
the bearing strength of a pavement for unrestricted operations;
“prescribed” means prescribed by the Authority in the Manual of
Aerodrome Standards, Circulars, Orders, Notices, Aeronautical
Publications and any other documents;
“primary runway” means a runway used in preference to others
whenever conditions permit;
“recommended practice” means any specification for the
physical characteristics configuration, material, performance or
procedure, the uniform application of which is recognised as desirable
in the interest of safety, regularity or efficiency of international air
navigation;
“relevant authority” means any authority other than the Civil
Aviation Authority whose action may be necessary or complimentary
for the implementation of these Regulations;
“road” means an established surface route on the movement area
meant for the exclusive use of vehicles;
“road holding position” means a designated position at which
vehicles may be required to hold;
“runway” means a defined rectangular area on a land aerodrome
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prepared for the landing and take-off of aircraft;


“runway end safety area” means an area symmetrical about the
extended runway centreline and adjacent to the end of the strip
primarily intended to reduce the risk of damage to an aircraft
undershooting or overrunning the runway;
“runway-holding position” means a designated position intended
to protect a runway, an obstacle limitation surface, or an Instrument
Landing System/Microwave Landing System critical or sensitive area
at which taxiing aircraft and vehicles shall stop and hold, unless
otherwise authorized by the aerodrome control tower;
“runway guard lights” means a light system intended to caution
pilots or vehicle drivers that they are about to enter an active runway;
“runway strip” means a defined area including the runway and
stopway, if provided, intended -
(a) to reduce the risk of damage to aircraft running off a runway;
and
(b) to protect aircraft flying over it during take-off or landing
operations;
“runway turn pad” means a defined area on a land aerodrome
adjacent to a runway for the purpose of completing a 180-degree turn
on a runway;
“runway visual range” means the range over which a pilot of an
aircraft on the centre line of a runway can see the runway surface
markings or the lights delineating the runway or identifying its centre
line;
“safety” means a state in which the risk of harm to persons or of
property damage is reduced to, and maintained at or below
unacceptable level through a continuing process or hazard
identification and risk management;
“safety management system” means a system for the
management of safety at an aerodrome, including the organizational
structure, responsibilities, procedures, processes and provisions for the
implementation of aerodrome safety policies by an operator, which
provides for the control of safety at an aerodrome and its safe use;
“shoulder” means an area adjacent to the edge of a pavement,
prepared to provide a transition between the pavement and the adjacent
surface;
“signal area” means an area on an aerodrome used for the
display of ground signals;
“standard” means any specification for physical characteristics,
configuration, material, performance, personnel or procedure, the
uniform application of which is recognised as necessary for the safety
of air navigation;
“state safety programme” means an integrated set of regulations
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and activities aimed at improving safety;


“stopway” means a defined rectangular area on the ground at the
end of the take-off run available, prepared as a suitable area in which
an aircraft can be stopped in the case of an abandoned take-off;
“switch-over time (light)” means the time required for the actual
intensity of a light measured in a given direction to fall from 50 per
cent and recover to 50 per cent during a power supply change-over,
when the light is being operated at intensities of 25 per cent or above;
“take-off runway” means a runway intended for take-off only;
“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) an aircraft stand taxi lane which is a portion of an apron
designated as a taxiway and intended to provide access to
aircraft stands only;
(b) an apron taxiway which is 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 which is a taxiway connected to a runway
at an acute angle and designed to allow landing aircrafts to
turn off at higher speeds than are achieved on other exit
taxiways thereby minimizing runway occupancy times;
“taxiway strip” means an area including a taxiway intended to
protect aircraft operating on a taxiway and to reduce the risk of
damage to an aircraft accidentally running off the taxiway;
“threshold” means the beginning of that portion of the runway
usable for landing;
“touchdown zone” means the portion of a runway beyond the
threshold, intended for landing aircraft on first contact with the
runway;
“unserviceable area” means a part of the movement area that is
unfit and /or unavailable for use by aircraft;
“usability factor” means the percentage of time during which the
use of a runway or system of runways is not restricted because of the
cross-wind component (cross wind component means the surface wind
component at right angles to the runway centre line);
“vicinity” means a defined airspace around an aerodrome for
control of obstacles that may infringe the obstacle limitation surfaces
around the aerodrome, contained within a radius of twelve and half
kilometres from the aerodrome reference point upto a height of one
thousand five hundred feet above ground level;
“visual traffic pattern” means the aerodrome traffic zone of the
aerodrome;
“wildlife” means feral birds and animals, including domestic
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animals out of the control of their owners; and


“wildlife hazard” means a potential for a damaging aircraft
collision with wildlife on or near an aerodrome.
Use of common 3 (1) The World Geodetic System – 1984 (WGS-84) shall be
reference systems.
used as the horizontal reference system to express aeronautical
geographical coordinates for aerodromes.
(2) The Mean Sea Level datum shall be used as the vertical
reference system (elevation) at aerodromes.
(3) Except where notified in the Kenya Aeronautical Information
Publication or Aeronautical Information Circular , the Gregorian
calendar and Coordinated Universal Time shall be used as the temporal
reference system–
(4) Unless otherwise prescribed by the Authority, the
International System of Units developed and maintained by the General
Conference of Weights and Measures (CGPM) shall be used as the
standard system of units of measurement.
Categories of 4. In these Regulations aerodromes shall be categorized as
aerodromes
follows-
(a) category A comprising aerodromes available for use by both
international and domestic air traffic;
(b) category B comprising aerodromes available for use by
domestic air traffic including aircraft of maximum
certificated take-off mass above five thousand seven hundred
kilogrammes;
(c) category C comprising aerodromes available for use only by
domestic air traffic of maximum certificated take-off mass
not exceeding five thousands seven hundred kilogrammes;
(d) category D comprising aerodromes available for use by
helicopters only.
PART II-CONSTRUCTION OF AERODROMES
Application of this Part. 5. This Part applies to all categories of aerodromes except where
otherwise specified.
Requirements for 6. (1) A person shall not construct an aerodrome unless that
application for an person has a valid aerodrome construction permit issued under
aerodrome construction regulation 7.
permit.

(2) An application for an aerodrome construction permit shall be


considered for approval, where –
(a) the applicant holds a valid authorization from a relevant
authority for use of the place as an aerodrome;
(b) the application is approved by the authority responsible for
national environment management;
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(3) The Authority shall prior to issuance of a construction permit,


assess the suitability of the place proposed for construction taking into
consideration -
(a) the proximity of the place to other aerodromes and landing
areas including military aerodromes;
(b) obstacles, terrain and existing airspace restrictions; and
(c) that it is not against public interest that the place where the
aerodrome is to be constructed should be used as such.
(4) An applicant for an aerodrome construction permit shall
submit to the Authority for approval an application in the prescribed
form accompanied by –
(a) a detailed design of the proposed construction including
related architectural requirements, approved by the relevant
authority;
(b) aerodrome data in accordance with the characteristics of the
aircraft for which the aerodrome is intended; and
(c) a topographical map of the proposed aerodrome site as
specified by the Authority.
Issuance of aerodrome 7. The Authority shall issue an aerodrome construction permit to
construction permits. an applicant where the application meets the requirements provided in
regulation 6 and any other requirements as may be specified by any
relevant authority.
Design and construction 8. (1) An applicant for a construction permit shall ensure that the
of aerodromes. design and construction of the aerodrome is undertaken by a person
registered by the relevant professional body.

(2) The Authority shall inspect the site of an aerodrome during


construction to ascertain compliance with the standards prescribed and
the terms of the aerodrome construction permit.
Requirements for 9.(1) An aerodrome design shall –
aerodrome design.
(a) indicate the physical characteristics as prescribed by the
Authority;
(b) indicate the obstacle limitation surfaces;
(c) integrate security measures in accordance with the Civil
Aviation (Security) Regulations, 2013;
(d) indicate visual aids for navigation obstacles and restricted
areas;
(e) indicate the appropriate equipment and installations; and
(2) The physical characteristics, obstacle limitation surfaces,
visual aids and equipment and installations, required under sub-
regulation (1) shall –
(a) be appropriate to the critical aircraft characteristics for which
the aerodrome intends to serve;
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(b) be at the lowest meteorological minima for each runway;

(c) provide ambient light conditions during the operations of


aircraft;

(d) comply with the appropriate aerodrome design standards as


prescribed by the Authority.

Aerodrome reference 10. (1)An aerodrome reference code comprising a code number
code.
and a code letter shall be used for aerodrome planning purposes.

(2) The Authority shall determine the aerodrome reference code


in accordance with the critical aircraft characteristics for which the
aerodrome facility is intended.
(3) The aerodrome reference code numbers and code letters
required under sub-regulation (1) shall be determined in accordance
with specifications in Table 1 below.

Table 1: Aerodrome reference code

Code Element 1 Code Element 2


Code Aerodrome Code Wing span Outer main
number reference letter gear wheel span
(1) field length (3) (4) (5)
(2)
1 Less than 800 m A Up to but not Up to but not
including 15 m including 4.5 m
2 800 m up to but B 15 m up to but 4.5 m up to but not
not including not including including 6 m
1 200 m 24 m
3 1 200 m up to but C 24 m up to but 6 m up to but not
not including not including including 9 m
1 800 m 36 m
4 1 800 m and over D 36 m up to but 9 m up to but not
not including including 14 m
52m
E 52 m up to but 9 m up to but not
not including including 14 m
65 m
F 65 m up to but 14m up to but not
not including including 16 m
80 m
Kenya Subsidiary Legislation, 2013 1065

PART III—LICENSING OF AERODROMES

Application of this Part. 11. This Part applies to aerodromes in categories B, C and D
except where otherwise specified.
Application for licence. 12. An application for a licence shall be made in the prescribed
form accompanied by –

(a)an aerodrome manual;

(b)a site plan for the aerodrome;

(c)an environmental impact assessment report where deemed


necessary by the Authority;

(d)approval from any relevant authority;

(e) proof of financial capability in the case of aerodromes in


Category B;

(f)particulars of any non-compliance or deviations from the


appropriate aerodrome design, operation or equipment
standards; and

(g)charges as prescribed by the Authority in the Aeronautical


Information Publication or Aeronautical Information
Circular.
Conditions for issuance 13. (1)A licence may be issued subject to any conditions that
of licence.
may be prescribed by the Authority.

(2) The Authority shall endorse on a licence the conditions for


use of an aerodrome and any other details as may be deemed necessary
by the Authority.
(3) Subject to subregulation (4), where an applicant requests or
the Authority considers that an aerodrome should be available for
public use, a licence may be granted subject to a condition that the
aerodrome shall at all times be available to all persons on equal terms
and conditions.
(4) An aerodrome operator may refuse an aircraft from using the
aerodrome except in an emergency situation.
Issuance of licence 14. (1)The Authority shall issue a licence in the prescribed form
and manner where –

(a)an applicant is found to be competent to operate an aerodrome


on consideration of the previous conduct and experience of
the applicant, the equipment, organisation, staffing,
maintenance and other arrangements of the applicant;

(b) the physical characteristics of the aerodrome and its


surroundings are safe for use by aircraft; and
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1066 Kenya Subsidiary Legislation, 2013

(c) an applicant for a licence complies with the Civil Aviation


(Security) Regulations, 2013 where applicable.
(2) The issuance of a licence shall be subject to compliance with
these Regulations and standards prescribed by the Authority and any
other condition as may be specified or notified by the Authority in
accordance with safety audit and inspection.
(3) The Authority may refuse to grant a licence to an applicant,
and where the Authority so refuses, it shall notify the applicant in
writing, of the reasons for the refusal, not later than fourteen days after
making that decision.
(4) A person shall not operate an aerodrome without a licence
issued by the Authority.
Breach of conditions of 15.(1) The breach of any condition subject to which a licence is
licence and non-
conformance with the issued including any approval, permission or exemption shall render
licensing requirements. the licence invalid.

(2)The Authority shall impose operating restrictions or sanctions


at a licensed aerodrome in the event of non-conformance with the
licensing requirements or any unresolved safety concerns.
Aerodrome licence. 16. (1)A licence shall specify –

(a) the category of the Aerodrome and the aerodrome reference


code;

(b) the restrictions, if any, relating to non-compliance with or


deviations from the appropriate aerodrome design, operation
or equipment standards;

(c) the period of validity of the licence.

(2) A licence issued under these Regulations shall not be


transferable.
(2) A holder of an aerodrome licence which is suspended or
cancelled shall within thirty days of the suspension or cancellation,
surrender the licence to the Authority.
(3) Notwithstanding sub-regulation (2), where an aerodrome
licence is suspended for a period of less than thirty days, a holder of the
licence shall surrender the licence immediately.
Renewal of licence. 18. (1) An application for the renewal of a licence shall be made
to the Authority in the prescribed form and shall be accompanied by –

(a) the aerodrome manual if significant changes have been made


following the initial licensing;
(b) particulars of deviations, if any, from the appropriate design,
operation or equipment standards; and
(c) the appropriate charges as prescribed by the Authority in the
Kenya Subsidiary Legislation, 2013 1067

Aeronautical Information Publication or Aeronautical


Information Circular.
(2) An application for renewal shall be submitted sixty days
before the expiry of the licence.
(3) The renewal of a licence shall be subject to compliance with
these Regulations, standards prescribed by the Authority and any other
conditions as may be specified or notified by the Authority as
determined by safety inspections and audit procedures by the
Authority, before the renewal of the licence.
Amendment of licence. 19. (1)An application for amendment of a licence shall be
submitted in a form prescribed by the Authority.
(2) The Authority may request that the application be
accompanied by any or all of the following –
(a) an aerodrome manual;
(b) a site plan for the aerodrome;

(c) an environmental impact assessment report;

(d) approval from any relevant authority;

(e) proof of financial capability in the case of aerodromes in


Category B;

(f) particulars of any non-compliance or deviations from the


appropriate aerodrome design, operation or equipment
standards; and

(g) charges as prescribed in the Aeronautical Information


Publication or Aeronautical Information Circular by the
Authority.
(3)The Authority may, provided the requirements of regulation
14, are met, where necessary, amend a licence –

(a) for a change in the use or operation of the aerodrome;

(b) for a change in the boundaries of the aerodrome;

(c) if the holder of the licence requests an amendment; or

(d) if the Authority deems it necessary.

Suspension and 20. (1)The Authority may suspend an aerodrome licence where -
cancellation of licence.
(a) following a safety inspection or audit, it is evident that the
holder of the licence has not complied with the requirements
prescribed in these Regulations and failed to remedy the
non-compliance within a period of thirty days after the
inspection;
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1068 Kenya Subsidiary Legislation, 2013

(b) the holder of the licence prevents the Authority from carrying
out a safety inspection or audit in accordance with these
Regulations;
(c) the holder of the licence is under receivership, liquidation or
bankruptcy proceedings;
(d) it is deemed necessary in the interest of aviation safety.
(2) The Authority may, on giving reasons to the holder of a
licence, suspend the licence for a period not exceeding sixty days.

(3) A holder of a licence who is notified of a suspension in sub


regulation (2) may submit a response in writing within a period not
exceeding fourteen days.

(4) Notwithstanding sub regulation (3), the Authority may


suspend any or all of the operations at an aerodrome pending receipt of
a response from the holder.

(5) A holder of a licence who is aggrieved by the suspension of a


licence may appeal against the suspension to the Minister, within thirty
days of the suspension.

(6) Where an appeal is made under sub-regulation (5), the holder


of a licence shall state in writing the reasons why in his or her opinion,
the suspension should be varied or set aside.

(7) The Minister may vary or set aside the suspension made
under sub-regulation (2) on the basis of the reasons given in the appeal
under sub-regulation (5).
(8) Where a holder of a licence does not appeal against the
suspension in accordance with sub-regulation (5), the Authority may
cancel the licence, on giving reasons to the holder of a licence.
Surrender of licence. 21. (1)Subject to sub-regulation (2), a holder of a licence may
surrender the licence to the Authority at any time.

(2) A holder of a licence who wishes to surrender the licence


shall give the Authority not less than thirty days notice in writing,
before the date on which the licence is to be surrendered.

(3) The Authority shall cancel the licence upon the expiry of the
period of notice in sub-regulation (2).

(4) Where, after the expiry of the period in sub-regulation (2), an


aerodrome is abandoned or is not maintained in accordance with the
conditions of the licence, the holder of the licence shall remove,
obliterate or modify the prescribed markings referred to in regulation
52 (f).

Charges at licensed 22. (1) A holder of a licence shall prescribe charges for the use of
aerodrome.
the aerodrome or of any facilities provided at the aerodrome for the
Kenya Subsidiary Legislation, 2013 1069

safety, security, efficiency or regularity of air navigation.


(2) Where required by the Authority, a holder of a licence shall,
furnish particulars of the charges levied for the use of an aerodrome or
the performance of services at the aerodrome.
(3) Notwithstanding subregulation (1), the Authority may where
necessary, prescribe the maximum charges which may be levied for the
use of an aerodrome or the performance of services at the aerodrome,
for a specified period.
(4) A holder of a licence of the aerodrome for which the
Authority prescribes charges under sub-regulation (3) shall not cause or
permit any charges to be made in contravention of that sub-regulation.
(5) A holder of a licence of an aerodrome for which the
Authority prescribes charges shall cause the prescribed charges to be
posted in a conspicuous place at the aerodrome.
Licences register. 23. (1)The Authority shall maintain a register of all licences
issued in accordance with these Regulations.
(2) The register shall contain –

(a)the full name of the holder of an aerodrome licence;

(b)the nationality of the holder of a licence;

(c)the postal, telephone, facsimile and e-mail addresses of a


holder of a licence;

(d)the name and location of the aerodrome for which a licence is


issued;

(e)the date on which the licence was issued; and

(f)any other relevant information.


(3) The Authority shall publish in the Aeronautical Information
Publication, a list of aerodromes in Kenya indicating the status of their
licences including the date and period of validity of the licences.
Notification and 24. An aerodrome operator shall –
furnishing of
(a) in the case of a licence for public use, cause to be notified the
information. times during which the aerodrome is to be available for take-
off and landing of aircraft for public transport or instruction
in flying; and
(b) upon request, furnish to an authorised person, information
concerning the terms of the licence.
PART IV-CERTIFICATION OF AERODROMES
Application of this Part. 25. (1) This Part applies to aerodromes in category A.

(2) The Authority may, by notice in the Gazette, determine the


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1070 Kenya Subsidiary Legislation, 2013

aerodromes in category B to which this Part may apply.

Application for 26. An application for a certificate shall be submitted in a form


certificate.
prescribed by the Authority and shall be accompanied by -

(a)two copies of the aerodrome manual;

(b)a plan for the aerodrome;

(c)an environmental impact assessment report where deemed


necessary by the Authority;
(d)approval from any relevant authority;

(e)proof of financial capability;

(f)particulars of any non-compliance or deviations from the


appropriate aerodrome design, operation or equipment
standards; and

(g) charges as prescribed by the Authority in the Aeronautical


Information Publication or Aeronautical Information
Circular.
Conditions for issuance 27. (1) A certificate may be issued subject to any conditions that
of certificate.
may be prescribed by the Authority.

(2) The Authority shall endorse on a certificate the conditions for


use of an aerodrome and any other details as may be deemed necessary
by the Authority.
Breach of conditions of 28. (1) The breach of any condition subject to which a certificate
certificate and non-
conformance with the is issued including any approval, permission or exemption shall render
certification the certificate invalid.
requirements

(2) The Authority shall impose operating restrictions or sanctions


at a certified aerodrome in the event of non-conformance with the
certification requirements or any unresolved safety concerns.
Certification of 29. A person shall not operate an aerodrome used for
aerodromes used for
international operations. international operations unless that person holds a certificate issued by
the Authority in accordance with this Part.

Issuance of certificate. 30. (1)The Authority shall issue a certificate in the prescribed
form and manner where the Authority is satisfied that -

(a) the applicant and the personnel of the applicant are adequate
in number and have the necessary competency and
experience to operate and maintain an aerodrome;

(b) the aerodrome manual prepared for the aerodrome and


submitted with the application contains all the relevant
Kenya Subsidiary Legislation, 2013 1071

information;

(c) the aerodrome facilities, services and equipment are


established in accordance with approved standards and
recommended practices;

(d) the aerodrome operating procedures make satisfactory


provision for the safety of aircraft;

(e) an approved safety management system is in place;

(f) the applicant has an approved aviation security programme in


accordance with the Civil Aviation (Security) Regulations,
2013.

(2) The issuance of a certificate shall be subject to compliance


with these Regulations and standards prescribed by the Authority and
any other condition as may be specified or notified by the Authority in
accordance with safety audit and inspection.

(3) The Authority may refuse to grant a certificate to an applicant


and where the Authority refuses, it shall notify the applicant in writing,
of the reasons for the refusal, not later than fourteen days after making
that decision.

(4) An aerodrome certificate issued under these Regulations is


not transferable.
Validity of certificate. 31. A certificate shall be valid for a period of one year, unless the
certificate is suspended, cancelled or revoked in accordance with these
Regulations.
Renewal of certificate 32. ( 1) An application for the renewal of a certificate shall be
made to the Authority in the prescribed form and shall be accompanied
by –
(a) the aerodrome manual if significant changes have been made
following the initial certification;

(b) particulars of deviations, if any, from the appropriate design,


operation or equipment standards; and

(c) the appropriate charges as prescribed by the Authority in the


Aeronautical Information Circular .
(2) An application for renewal shall be submitted sixty days
before the expiry of the certificate.
(3) The renewal of a certificate shall be subject to compliance
with these Regulations, standards prescribed by the Authority and any
other conditions as may be specified or notified by the Authority as
determined by safety inspections and audit procedures by the
Authority, before the renewal of the certificate.
Amendment of 33. (1) An application for amendment of a certificate shall be
certificate.
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1072 Kenya Subsidiary Legislation, 2013

submitted in a form prescribed by the Authority.


(2) The Authority may request that the application be
accompanied by any or all of the following –
(a)two copies of the aerodrome manual;

(b)a site plan for the aerodrome;

(c)an environmental impact assessment report;

(d)approval from any relevant authority;

(e) proof of financial capability;

(f) particulars of any non-compliance or deviations from the


appropriate aerodrome design, operation or equipment
standards; and

(g) charges as prescribed in the Aeronautical Information


Publication or Aeronautical Information Circular by the
Authority.

(3) The Authority may, provided the requirements of regulations


30, are met, where necessary, amend an aerodrome certificate if –

(a) there is a change in


(i) the use or operation of the aerodrome;

(ii) the boundaries of the aerodrome;

(b) the holder of the aerodrome certificate requests an


amendment; or

(c) the Authority deems it necessary.


Suspension and 34. (1) The Authority may suspend a certificate where -
cancellation of
certificate.

(a) following a safety inspection or audit, it is evident that the


holder of the certificate has not complied with the
requirements prescribed in these Regulations and failed to
remedy the non-compliance within a period of thirty days
after the inspection;

(b) the holder of the certificate prevents the


Authority from carrying out a safety inspection or audit in
accordance with these Regulations;

(c) the holder of the certificate is under receivership, liquidation


or bankruptcy proceedings;

(d)it is deemed necessary in the interest of aviation safety.


Kenya Subsidiary Legislation, 2013 1073

(2) The Authority may, on giving reasons to the holder of a


certificate, suspend the certificate for a period not exceeding sixty days.

(3)A holder of a certificate who is notified of a suspension in sub


regulation (2) may submit a response in writing within a period not
exceeding fourteen days.

(4)Notwithstanding sub regulation (3), the Authority may


suspend any or all of the operations at an aerodrome pending receipt of
a response from the holder.

(5)A holder of a certificate who is aggrieved by the suspension of


a certificate may appeal against the suspension to the Minister, within
thirty days of the suspension.
(6) Where an appeal is made under sub-regulation (5), the holder
of a certificate shall state in writing the reasons why in his or her
opinion, the suspension should be varied or set aside.
(7) The Minister may vary or set aside the suspension made
under sub-regulation (2) on the basis of the reasons given in the appeal
under sub-regulation (5).
(8) Where a holder of a certificate does not appeal against the
suspension in accordance with sub-regulation (5), the Authority may
cancel the certificate, on giving reasons to the holder of a certificate.
Surrender of certificate. 35. (1)Subject to sub-regulation (2), a holder of a certificate may
surrender the certificate to the Authority at any time.
(2) A holder of a certificate who wishes to surrender the
certificate shall give the Authority not less than sixty days notice in
writing, before the date on which the certificate is to be surrendered.

(3) The Authority shall cancel the certificate upon the expiry of
the period of notice in sub-regulation (2).

(4) Where, after the expiry of the period in sub-regulation (2), an


aerodrome is abandoned or is not maintained in accordance with the
conditions of the certificate, the holder of the certificate shall remove,
obliterate or modify the prescribed markings referred to in regulation
52 (f).
Charges at certificated 36. (1)A holder of a certificate shall prescribe charges for the use
aerodrome.
of the aerodrome or of any facilities provided at the aerodrome for the
safety, security, efficiency or regularity of air navigation.
(2)Where required by the Authority, a holder of a certificate
shall, furnish particulars of the charges levied for the use of an
aerodrome or the performance of services at the aerodrome.
(3)Notwithstanding subregulation (1), the Authority may where
necessary, prescribe the maximum charges which may be levied for the
use of an aerodrome or the performance of services at the aerodrome,
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1074 Kenya Subsidiary Legislation, 2013

for a specified period.


(4)A holder of a certificate of the aerodrome for which the
Authority prescribes charges under sub-regulation (3) shall not cause or
permit any charges to be made in contravention of that sub-regulation.
(5)A holder of a certificate of an aerodrome for which the
Authority prescribes charges shall cause the prescribed charges to be
posted in a conspicuous place at the aerodrome.
Certificates register and 37.(1)The Authority shall maintain a register of all certificates
notification of certified
aerodromes. issued in accordance with these Regulations.
(2) The register shall contain –
(a) the full name of the holder of an aerodrome certificate;

(b) the nationality of the holder of a certificate;

(c) the postal, telephone, facsimile and e-mail addresses of a


holder of a certificate;

(d)the name and location of the aerodrome for which a


certificate is issued;

(e)the number of the certificate;

(f)the date on which the certificate was issued; and

(g)any other relevant information.

(3) The Authority shall publish in the Aeronautical Information


Publication a list of aerodromes in Kenya indicating the status of their
certificates including the dates and validity period of the certificates.
PART V-OBLIGATIONS OF AERODROME OPERATOR
Application of this Part. 38. This Part applies to all categories of aerodromes except
where otherwise specified.
Compliance with 39. An aerodrome operator shall comply with conditions, if any,
conditions
endorsed on a licence or certificate.
Competence of 40.(1) An operator shall ensure that there is an adequate number
operational and
maintenance personnel. of qualified and skilled personnel to perform activities for aerodrome
operation and maintenance.
(2) Where the Authority or any other relevant authority requires
competence certification for the personnel of an aerodrome, the
operator shall employ only those persons with the required
certification.
Aerodrome operations 41.(1) Subject to any directives the Authority may issue, an
and maintenance.
operator shall operate and maintain an aerodrome in accordance with
the procedures set out in the aerodrome manual.

(2) The Authority may give written directives to an operator to


Kenya Subsidiary Legislation, 2013 1075

alter the procedures set out in an aerodrome manual.


(3) An operator shall ensure proper and efficient maintenance
of the aerodrome facilities.

(4) Where air traffic services are provided at an aerodrome, the


operator shall co-ordinate with the air traffic services, to ensure the
safety of aircraft operating in the airspace, associated with the
aerodrome.
Safety management 42. (1) An operator of an aerodrome shall have a safety
system.
management system that complies with the requirements specified in
the First Schedule and the standards specified in the Manual of
Aerodrome Standards
(2) This regulation shall not apply to aerodromes in categories B,
C and D.
Storage of inflammable 43. A person shall not store fuel, pyrotechnic materials and other
and other dangerous
goods. highly inflammable or dangerous goods at an aerodrome except with
the permission of the Authority and in accordance with the prescribed
standards.
Safety measures against 44. (1)A person shall not –
fire.

(a) smoke within any place, or bring an open flame into any
place, where that act is prohibited by a displayed notice;
(b) where there is no notice prohibiting smoking in a place,
smoke within that place, or bring an open flame into that
place, within a distance of an aircraft or, of any vehicle used
for the supply of fuel to an aircraft, or a store, dump, liquid
fuel or explosives, as may be prescribed;
(c) wilfully give a false fire alarm;
(d) tamper or interfere with any fire hose reel, hydrant or any
other item of equipment provided for fire fighting purposes;
(e) keep, store, discard or discharge any flammable liquid, gas,
signal flares or other like material in an aircraft, except in the
receptacle appropriate for the purpose or in a place on the
aerodrome specifically approved by the aerodrome operator
for the purpose; or

(f) store, stack or use any material or equipment in a manner


which constitutes or is likely to constitute a fire hazard.

(2) An operator shall display in conspicuous places appropriate


signage in respect of the acts prohibited under sub regulation (1).
Access to and operations 45. (1)A person shall not access a restricted area of an aerodrome
within restricted areas.
unless authorised by the operator and subject to such conditions as the
operator may impose.

(2) A person authorised to access a restricted area under sub-


regulation (1) shall not –
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1076 Kenya Subsidiary Legislation, 2013

(a)move an aircraft or a vehicle in the movement area except


with the permission and directions issued by the air traffic
services personnel;
(b)move an aircraft or vehicle in the restricted area in a manner
that endangers the safety of persons and property;
(c) use a portion of the aerodrome for landing or taking off, other
than the area designated for that purpose.
Entry into or exit from 46. (1) A person, aircraft or vehicle shall not enter or leave a
restricted areas of
aerodrome. restricted area of an aerodrome except through points established by
the operator for the purpose.
(2) Except in an emergency or at an appropriate point of entry or exit
established by an operator for that purpose, a person -

(a) other than a person carried in an aircraft or in a vehicle, shall


not enter or leave a restricted areas of an aerodrome; or

(b) shall not move an aircraft on the surface of an aerodrome or a


vehicle into or from the restricted area.
Test-running of aircraft 47. A person shall not test-run an aircraft engine at an aerodrome
engine.
except at the approved aircraft maintenance facility of the aerodrome or
a place designated for that purpose, by the operator.
Certain acts prohibited 48. (1) A person shall not, on an aerodrome-
on aerodrome.

(a) obstruct or interfere with the proper use of the aerodrome ;


(b) obstruct any person executing his or her duties at the
aerodrome ;
(c) remove or deface any notice, writing, document or marking
erected or displayed by the aerodrome operator;
(d) throw, leave or drop anything capable of causing injury to
any person or damage to any property;
(e) dump any waste matter except at a place approved for the
purpose by the aerodrome operator;
(f) dump or spill any substance capable of causing water
pollution, whether solid, liquid, vapour or gas or a
combination of these, except at a place approved for that
purpose by the aerodrome operator.
(2) Except with the permission of the operator, a person shall not

(a) interfere or tamper with any part of the aerodrome or any
equipment associated with the operation of the aerodrome;
(b) climb any wall, fence, barrier, ceiling, gate or post on an
aerodrome;
(c) handle any baggage or carry baggage for a passengers at an
Kenya Subsidiary Legislation, 2013 1077

aerodrome;

(d) bring a vehicle into or drive into an aerodrome; or

(e)obstruct an entrance to or a passage at an aerodrome in a


manner that inconvenience other users of the entrance or
passage.

Removal of obstructions 49. An operator shall remove from the aerodrome surface any
from the aerodrome
surfaces. vehicle or other obstruction that is likely to be hazardous to aircraft
operations.
Maintenance of 50. (1)An operator shall establish and maintain an aerodrome
environment
management environment management programme for the area within the authority
programme. of the operator and for the area where any wildlife presents or is likely
to present a hazard to aircraft operations.
(2) An operator shall ensure that the environment management
programme established under sub-regulation (1) minimises the effects
of any hazards or potential hazards taking into account the provisions
of the laws on environmental management.
(3) This regulation shall not apply to aerodromes in categories C
and D.
Protection of navigation 51. An operator shall in consultation with the Authority -
aids.

(a) prevent construction of any facilities on the aerodrome,


which may adversely affect the operation of any electronic
or visual navigation or air traffic service facility on the
aerodrome;
(b) as far as it is within the authority of the operator, prevent
any interruption of visual or electronic signal of navigation
aids.
Responsibilities of 52. An operator shall -
operator.

(a) maintain the aerodrome in a serviceable condition;


(b) keep the aerodrome free of unauthorized persons, vehicles
and animals which are not under proper control or any other
obstructions;
(c) mark all obstructions in accordance with the prescribed
guidelines;
(d) inform the Authority of any alterations to obstruction or
works on the aerodrome;
(e) install approved wind direction indicators to show the surface
direction of the wind and ensure that they function
satisfactorily;
(f) maintain the prescribed markings in a conspicuous condition
and ensure that they are readily visible to aircraft in the air or
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1078 Kenya Subsidiary Legislation, 2013

manoeuvring on the ground;


(g) avail facilities and ensure that they are in serviceable
condition and that all apparatus installed function efficiently;
(h) appropriately mark the unserviceable areas on the landing
terrain;
(i)inform the Authority where the aerodrome becomes
unserviceable through any cause or where any portion of the
surface of the landing area deteriorates to such an extent that
the safe operation of aircraft may be endangered;
(j) submit to the Authority reports on the condition of the
aerodrome as may be required by the Authority;
(j)ensure that organisations performing activities at the
aerodrome comply with safety requirements specified by the
operator; and
(l) report all incidents and accidents at the aerodrome to the
Authority.
Inspection of aerodromes 53. (1) Before an aerodrome licence or certificate is issued or
and unhindered access
by inspectors of the renewed and, subsequently, at any other time, for the purpose of
Authority. ensuring that safety at the aerodrome is maintained, the Authority shall
inspect and carry out tests on the aerodrome facilities, services and
equipment, inspect the documents and records of the aerodrome and
verify the safety management system of the aerodrome.
(2) For the purpose of facilitating the functions of the Authority
specified in sub-regulation (1), an inspector of the Authority shall have
unhindered access to any part of the aerodrome or any aerodrome
facility, including equipment, records, documents and personnel.
Notifying and reporting. 54. (1) An operator shall notify and report to the Authority, the
air traffic control unit and pilots, within the specified time limits,
information on –
(a)any inaccuracies in the Aeronautical Information Publication;

(b)any changes to the aerodrome facilities, equipment and level


of service planned in advance;

(c)issues that may require immediate notification including


obstacles, obstructions and hazards, levels of service,
movement areas, and any other condition that affects
aviation safety at the aerodrome and against which
precautions are warranted.

(12) (2) Where it is not feasible for an operator to arrange for


the air traffic control and the flight operations unit to receive notice of
the circumstances referred to in sub-regulation (1) (c), the operator
shall give immediate notice, directly to the pilots who may be affected
by that circumstance.
Aerodrome movement 55. (1) An aerodrome operator shall carry out inspections of the
area inspections.
Kenya Subsidiary Legislation, 2013 1079

movement area each day at least once for aerodromes in category B, ,


and at least twice for aerodromes in category A.
(2) An aerodrome operator shall carry out inspections of the
movement area at least once a week for aerodromes in category C and
D.
Special inspections. 56. (1) An operator shall inspect an aerodrome –

(a)as soon as practicable after any accident or incident;


(b)during any period of construction or repair of the aerodrome
facilities or equipment that is critical to the safety of aircraft
operation; and
(c)at any other time when there are conditions at the aerodrome
that may affect aviation safety.

(13) (2) An operator shall notify and report to the Authority,


within the specified time limits, information on any special
inspection carried out under sub regulation (1).
Warning notices 57. (1) Where a low flying aircraft, at or near an aerodrome, or
where a taxiing aircraft, is likely to be hazardous to people
or vehicles, an operator shall -
(a) post hazard warning notices to that effect, on any public way
that is adjacent to the manoeuvring area; or
(b)where the public way is not controlled by the operator, inform
the relevant authority of the hazard.
PART VI-AERODROME MANUAL
Application of this Part. 58. This Part applies to all categories of aerodromes except
where otherwise specified.
Requirements for 59. (1) Upon making an application for a licence or a certificate
aerodrome manual.
the applicant shall submit to the Authority an aerodrome manual for
approval.
(2) An aerodrome manual shall -
be typewritten or printed;
(a) be signed by the operator;
(b) be in a format that is easy to revise;
(c) have a system for recording the current pages and any
amendments, including a page for logging revisions; and
(d) be organized in a manner that facilitates the preparation,
review and approval processes.
(3) An operator shall keep at least one approved copy of the
aerodrome manual at the aerodrome and one copy at the principal place
of business of the operator, where it is different from the aerodrome.
(4) Where an operator of an aerodrome in category C and D is
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1080 Kenya Subsidiary Legislation, 2013

unable to keep a copy of the aerodrome manual at the aerodrome, the


operator shall keep the aerodrome manual at a place authorised by the
Authority.
Information to be 60. (1) An aerodrome manual shall contain all information and
included in aerodrome
manual. instructions necessary to enable the personnel of an aerodrome perform
their duties.
(2) Notwithstanding sub regulation (1), and to the extent that the
particulars are applicable, a manual for an aerodrome in category A
shall include the particulars provided in the Second Schedule, for an
aerodrome in category B and C the particulars provided in the Third
Schedule and for an aerodrome in category D, the particulars provided
in the Fourth Schedule.
(3) Where a person is given an exemption in accordance with
Part XV, the aerodrome manual shall show the exemption notice
number given for the exemption by the Authority, the date the
exemption came into effect and any conditions or procedures subject to
which the exemption was granted.
Amendment of 61. (1) For the purpose of maintaining the accuracy of the
aerodrome manual.
information in an aerodrome manual –
(a) an operator shall whenever necessary, amend the aerodrome
manual; or
(b) the Authority may issue a written directive requiring the
operator to alter or amend the aerodrome manual.
(2) Notwithstanding sub-regulation (1), an operator shall submit
the proposed amendment to the Authority for approval, before the
aerodrome manual is amended.
(3) The Authority shall approve the amendment made to an
aerodrome manual where the amendment meets the requirements of
these Regulations.
PART VII-WILDLIFE HAZARD MANAGEMENT
Application of this Part. 62. In this Part, regulation 63 applies to all categories of
aerodromes and regulations, 64 and 65 apply to aerodromes in
categories A and B.
Animals not allowed in 63. (1) A person shall not bring, permit or graze an animal in
restricted areas of
aerodrome. the restricted area of an aerodrome or cause any animal to graze or feed
in the restricted area of an aerodrome.
(2) Subject to sub-regulation (1), a person who brings, permits or
grazes an animal in the restricted area of an aerodrome or who causes
an animal to graze or feed in a restricted area of an aerodrome or who
receives an animal in the restricted area of the aerodrome, shall ensure
that the animal is at all times under proper control while in the
restricted area.
(3) In this regulation, “animal” means a domesticated animal and
a bird.
Kenya Subsidiary Legislation, 2013 1081

Wildlife hazard 64.(1) An operator shall, in consultation with the authority


management.
responsible for wildlife, take necessary action to control wildlife
hazards at the aerodrome.
(2) An operator shall ensure that procedures to deal with the
danger posed to aircraft operations by the presence of wildlife in the
aerodrome flight pattern or movement area are in place.
(3) The wildlife management plan of an aerodrome shall be
approved by the Authority and shall form part of the aerodrome
manual.
Wildlife hazard 65. (1)An operator shall, in consultation with the authority
reduction at aerodrome.
responsible for wildlife, take all reasonable steps to minimize the risks
associated with wildlife strike hazards.
(2) An operator shall take practical measures to control the
wildlife habitat at or around the aerodrome and to disperse birds, which
are a potential hazard to aircraft operations.
(3) A wildlife strike hazard on, or in the vicinity of, an
aerodrome shall be assessed through –
(a)the establishment of a national procedure for recording and
reporting wildlife strikes to aircraft;
(b)the collection of information from aircraft operators, airport
personnel, and other sources on the presence of wildlife on
or around the aerodrome constituting a potential hazard to
aircraft operations; and
(c) an ongoing evaluation of the wildlife hazard by competent
personnel.
(4) The operator shall collect and forward wildlife strike reports
to the Authority for submission to ICAO for inclusion in the ICAO
Bird Strike Information System (IBIS) database.
(5)An operator shall take action to decrease the risk to aircraft
operations by adopting measures to minimize the likelihood of
collisions between wildlife and aircraft.
(6)An operator shall consult with the relevant authorities to take
action to eliminate or to prevent the establishment of refuse collection
sites, garbage disposal dumps, landfill sites, or any other source which
may attract wildlife to the aerodrome, or its vicinity, unless an
appropriate wildlife assessment indicates that they are unlikely to
create conditions conducive to a wildlife hazard problem.
(7) Subject to sub-regulation (6), refuse collection sites,
garbage disposal dumps and landfill sites shall be located no closer
than a 13km circle centred on the aerodrome reference point and shall
be located further, if located in the vicinity of an approach and take-off
path of an aerodrome, where studies of flight lines of birds attracted to
these sites prove that they may be problematic for the aerodrome.
(8) Where the elimination of existing sites is not possible, the
operator and the relevant authorities shall ensure that any risk to
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aircraft posed by these sites is assessed and reduced to as low as


reasonably practicable.
(9)An operator shall establish a wildlife hazard control unit to
control and manage the wildlife hazard.
(10)The operator shall cause records of all aspects of wildlife
hazard control to be kept and shall report all wildlife strikes to the
Authority.
(11)An operator shall monitor the local environment including
any activities that may attract wildlife and in designing the wildlife
hazard management programme, shall consider that environment and
the activities that may attract wildlife.
National Committee on 66. (1)There shall be a National Committee on Wildlife Hazard
Wildlife Hazard
Management. Management for the purpose of –

(a) analysing wildlife hazard problems at aerodromes;


(b) carrying out research and development on wildlife hazard
management;

(c) acting as an interface between the aerodrome operators and


air operators;

(d) advising aerodrome operators on wildlife hazard


management; and

(e) reviewing the effectiveness of the wildlife hazard


management programmes at aerodromes.
(2) The Committee shall be established by the National
Authority responsible for airports and shall consist of persons from-

(a) the ministries responsible for civil aviation, local


government, and defence;
(b) the Authority;
(c) aerodrome operators;
(d) aircraft operators;
(e) air navigation service providers; and
(f) agencies responsible for wildlife services.

(3) The Committee shall be chaired by the Chief Executive of the


National Authority responsible for airports.
(4) Notwithstanding sub-regulation (2), the establishment and
functions of the Committee shall be in accordance with requirements
prescribed by the Authority.
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PART VIII-OBSTACLE RESTRICTIONS AND REMOVAL


Application of this Part. 67. This Part applies to all categories of aerodromes.
Erection of obstacles. 68. (1) A person shall not cause or permit the erection or growth
of an obstacle at or in the vicinity of an aerodrome, where the obstacle
may prevent an aircraft operation from being conducted safely or the
aerodrome from being usable.
(2) A person shall not cause or permit any object, to penetrate the
obstacle limitation surface, without the written permission of the
Authority, where the object may cause an increase in an obstacle
clearance altitude or in the height for an instrument approach
procedure or of any associated visual circling procedure.

(3)The object referred to in sub-regulation (2) includes a new


object or an extension of an existing object above the obstacle
limitation surface.
(4)The obstacle clearance altitude and height applicable to
obstacle limitation surface, and the obstacle limitation requirements
shall comply with the specifications prescribed by the Authority.
Establishment of 69. (1) Notwithstanding regulation 9, an operator shall ensure
obstacle limitation
surfaces. that obstacle limitation surfaces are established for the aerodrome in
accordance with the standards prescribed by the Authority.
(2) An operator shall monitor the established obstacle limitation
surfaces around the aerodrome for infringement by objects, buildings
or other structures.
Authorisation to 70. (1) A person shall not construct a building or a structure
construct within the
vicinity of an aerodrome. within the vicinity of an aerodrome unless authorised by the Authority.
(2)Where the Authority is consulted regarding a proposed
construction in accordance with sub regulation (1), the Authority shall
cause an aeronautical study of the effect of the construction on
operation of aircraft, to be carried out.
(3) New obstacles or extensions of existing objects shall not be
permitted above an obstacle limitation surface of an aerodrome except
when in the opinion of the Authority, the new object or extension shall
be shielded by an existing immovable object or after an aeronautical
study, it is determined that the object would not adversely affect the
safety or significantly affect the regularity of operations of aircraft.
Removal of obstacle. 71.(1) A person shall remove any obstacle in the vicinity of
aerodrome, except where, after an aeronautical study, the Authority
determines that the obstacle does not adversely affect the safety or
significantly affect the regularity of operations of aircraft.
(2) The Authority may direct the removal of any obstacle
which, in the opinion of the Authority, constitutes a hazard to aircraft
operations.
(3) Where an owner fails to remove an obstacle within the time
directed by the Authority, the Authority shall remove the obstacle at
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the cost of the owner of that obstacle.


Marking and lighting of 72. (1) An operator shall ensure that an obstacle is marked and
obstacle.
where a runway is used at night and is associated with the obstacle, that
obstacle shall be lighted.
(2) The markings and lights referred to in sub-regulation (1) shall
be in accordance with guidelines prescribed by the Authority.
(3) An operator shall, where practicable, ensure that all fixed
obstacles to be marked in accordance with sub-regulation (1) are
coloured as prescribed by the Authority.
(4) Where the conditions required in sub-regulation (3) are not
practicable, markers or flags shall be displayed on or above the fixed
obstacles, except the obstacles that are sufficiently conspicuous by their
shape, size or colour, which may not be marked.
(5) An operator shall ensure that a mobile obstacle is coloured as
prescribed by the Authority or has displayed on it or above it, a flag.
(6) An obstacle lighted in accordance with sub-regulation (1)
shall be indicated as low-intensity, medium-intensity or high-intensity
light obstacle or a combination of these lights and shall be displayed in
accordance with guidelines prescribed by the Authority.
PART IX-AERONAUTICAL GROUND LIGHTING
Application of this Part. 73. This Part applies to aerodromes in categories A.
Establishment and 74. (1) An operator shall establish and maintain aeronautical
maintenance of
aeronautical ground ground lights and any other lights as may be appropriate for the safe
lights. operation of aircraft and for runways, taxiways, aprons, thresholds and
stopways.
(2) Where an aerodrome is used at night or during conditions of
poor visibility, an operator shall ensure that aeronautical ground lights
and any other lights are installed on the aerodrome.
(3) Without prejudice to the generality of sub-regulation (1), the
location, characteristics, intensity control and settings of aeronautical
ground lights shall be in accordance with specifications prescribed by
the Authority.
(4) A non-aeronautical ground light, which, by reason of its
intensity, configuration or colour, may prevent or cause confusion in
the clear interpretation of aeronautical ground lights, shall be
extinguished, screened or modified to eliminate such a possibility.
(5) Except with the permission of the Authority, a person shall
not establish, maintain or alter the character of –
(a)an aeronautical beacon within Kenya except an aeronautical
beacon which is or may be visible from the waters;
(b) any aeronautical ground light, other than an aeronautical
beacon, at an aerodrome, or any aeronautical ground light
which forms part of the lighting system for use by
aircraft taking off from or landing at the aerodrome.
Kenya Subsidiary Legislation, 2013 1085

(6) A person shall not –


(a)intentionally or negligently damage an aeronautical ground
light; or
(b)interfere with an aeronautical ground light without the
permission of the operator.
(7) The Authority shall not grant permission under this regulation
except with the consent of the lighthouse authority of the area where
the aerodrome is situated.
Secondary power supply. 75. An operator shall not operate or maintain an aerodrome
provided with runway lighting, without a secondary power supply.
Aeronautical beacons. 76. (1) An operator shall provide, where necessary, at each
aerodrome intended for use at night, an aerodrome beacon, where –
(a)aircraft navigate predominantly by visual means;

(b)reduced visibility is frequent; or

(c)it is difficult to locate the aerodrome from the air due to a


surrounding light or terrain.

(2) An identification beacon shall be provided at an aerodrome,


which is intended for use at night and which is not easily identifiable
from the air by other means.
(3) The location and characteristics of an aerodrome and
identification beacon described in sub-regulations (1) and (2) shall be
in accordance with specifications prescribed by the Authority.
PART X-AERODROME VISUAL AIDS
Application of this Part. 77. This Part applies to all categories of aerodromes.
Wind direction 78. (1) An operator shall provide and maintain at least one wind
indicators.
direction indicator for an aerodrome.
(2) The wind direction indicator required under sub-regulation
(1) shall be located so as to be visible to an aircraft in-flight or on the
movement area and in such a way as to be free from the effects of air
disturbances caused by nearby objects.
(3) The characteristics of the wind direction indicator, the
methods and procedures for installation and maintenance shall be in
accordance with the methods and procedures prescribed by the
Authority.
Signalling lamp. 79. (1)An operator shall ensure that a signalling lamp is
provided at a controlled aerodrome in the aerodrome control tower.
(2) The characteristics and operating procedure of a signalling
lamp shall be in accordance with specifications prescribed by the
Authority.
Signal panel and 80. (1)The Authority may where it deems necessary, require a
signalling area.
signalling panel and a signalling area to be provided at an aerodrome
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for safe operation of aircraft.


(2) Where provided, the location and the characteristics of the
signal area shall be in accordance with specifications prescribed by the
Authority.
Markings. 81. (1) An operator shall provide markings for paved runway
centreline, paved runway edge, paved runway threshold, paved runway
touchdown zone, paved runway holding position, aiming point, paved
runway side stripe, paved runway turn pad, and intermediate holding
positions at an aerodrome, in accordance with specifications prescribed
by the Authority.
(2) Runway marking shall be white in colour.
(3) Taxiway markings, runway turn pad markings and aircraft
stand markings shall be yellow in colour.

(4) Apron safety-lines shall be of a conspicuous colour, which


shall contrast with that used for aircraft stand markings.
(5) The application, location and the characteristics of markers
for unpaved runway edge markers, stopway edge markers, taxiway
edge markers, taxiway centreline markers and boundary markers shall
be in accordance with the specifications prescribed by the Authority.
VOR aerodrome 82. (1) An operator shall ensure that where a VOR aerodrome
checkpoint marking.
checkpoint is established at an aerodrome, it is indicated by a VOR
aerodrome checkpoint sign.
(2) The VOR aerodrome checkpoint location and characteristics
shall be in accordance with specifications prescribed by the Authority.
Aircraft stand markings. 83. An operator shall provide aircraft stand markings for
designated parking positions on a paved apron in accordance with
specifications prescribed by the Authority.
Apron safety lines. 84. An operator shall provide apron safety lines on a paved apron
as required by the parking configuration and ground facilities and in
accordance with specifications prescribed by the Authority.
Road-holding positions. 85. (1) An operator shall provide road-holding position markings
at all road entrances to a runway.
(2) The road-holding position markings provided under sub-
regulation (1) shall be located across the road at all the holding
positions.
(3) The road-holding position marking shall be as prescribed by
the Authority.
Mandatory instruction 86. (1)An operator shall provide a mandatory instruction marking
markings and signs.
and a sign to identify a location beyond which a taxiing aircraft or
vehicle shall not proceed, unless authorized by the aerodrome control
tower.
(2)Where it is impracticable to install a mandatory instruction
marking and a sign in accordance with sub-regulation (1), a mandatory
instruction marking or sign shall be provided on the surface of the
Kenya Subsidiary Legislation, 2013 1087

pavement.
(3)The location and characteristics of the mandatory instruction
marking or sign shall be in accordance with specifications prescribed
by the Authority.
(4)An operator shall provide signs to convey mandatory
instructions and information on a specific location or destination on a
movement area, or to provide surface movement guidance and control.
(5)The location and characteristics of the signs referred to in sub-
regulation (4) shall be in accordance with the specifications prescribed
by the Authority.
Information marking. 87. An operator shall install information marking, in accordance
with specifications prescribed by the Authority, where an information
sign is required but is physically impossible to install.
Visual aids for denoting 88. An operator shall ensure that the visual aids for denoting
obstacles.
obstacles are frangible and that those located near a runway or taxiway
are sufficiently low to preserve clearance for propellers and for engine
pods of jet aircraft.
Obstacles to be marked 89. An operator shall ensure that all fixed obstacles that extend
or lighted.
above take-off climb surfaces are marked and that where the runway is
used at night, the obstacles are lighted in accordance with the
specifications prescribed by the Authority.
Visual aids for denoting 90. (1)An operator shall ensure that restricted areas are marked in
restricted areas.
a manner that is visible to aircraft operating on the ground and in the
air.
(2)Without prejudice to the generality of sub-regulation (1),
markings denoting restricted areas such as closed runways and
taxiways, non-load-bearing surfaces, pre-threshold areas and
unserviceable areas shall be done in accordance with the specifications
prescribed by the Authority.
PART XI-AERODROME OPERATIONAL SERVICES,
EQUIPMENT, INSTALLATIONS AND FACILITIES
Application of this Part. 91. This Part applies to all categories of aerodromes except
where otherwise specified.
Immigration, customs 92. The Authority may, in consultation with the authorities
and excise aerodromes.
responsible for immigration, customs and excise, notify of any
aerodrome which is introduced as, or ceases to be a place for landing or
departure of aircraft for purposes of the laws relating to immigration,
customs and excise.
Supply of aviation fuel 93.(1) An operator of an aviation fuel installation at an
to aircraft.
aerodrome shall not cause or permit any aviation fuel to be delivered to
that installation or from it, to an aircraft unless –
(a) when the aviation fuel is delivered to the installation, the
operator of the aviation fuel installation is satisfied that -
(i) the installation is capable of storing and dispensing
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the fuel so as not to render it unfit for use in an


aircraft;
(ii) the installation is marked in an appropriate manner to
the grade of the fuel stored or where different grades
are stored in different parts, that each part is so
marked;
(iii) in the case of delivery into the installation or part of the
installation from a vehicle or vessel, the fuel has been
sampled and is of the grade appropriate to that
installation or part of the installation as the case may
be and is fit for use in an aircraft;
(b) when aviation fuel is dispensed from the installation, the
operator of the aviation fuel installation is satisfied after
sampling, that the fuel is fit for use in an aircraft.
(2) A person shall not cause or permit aviation fuel to be
dispensed for use in an aircraft where that person knows or has reason
to believe that the aviation fuel is not fit for use in an aircraft.
(3) An operator of an aviation fuel installation shall not on an
aerodrome, supply fuel to an aircraft except at a place and in a manner
approved by the operator.
(4) An operator may subject to the approval granted under sub-
regulation (3), ensure compliance with any conditions as the operator
may impose, in order to safeguard persons or property on the ground.
(5) An operator of an aviation fuel installation shall keep a
written record in respect of each installation managed by that operator.
(6) The record in sub-regulation (5) shall include –
(a) particulars of the grade and quantity of aviation fuel
delivered and the date of delivery;
(b) particulars of all samples taken of the aviation fuel and of the
results of the tests of those samples; and

(c) particulars of the maintenance and cleaning of the


installation.
(7) An operator of an aviation fuel installation shall preserve the
written record for a period of twelve months or such longer period as
the Authority may in a particular case direct and shall, within a
reasonable time after being requested to do so by an authorised person,
produce the record to that authorised person.
(8), The Authority or an authorised person may direct the
operator of an aviation fuel installation not to permit aviation fuel to be
dispensed from that installation until the direction is revoked by the
Authority or that authorised person, where it appears to the Authority
or to that authorised person that aviation fuel is intended or likely to be
delivered in contravention of this regulation.
(9) For the purpose of this regulation -
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(a) “aviation fuel” means fuel intended for use in an aircraft; and
(b)”aviation fuel installation” means any apparatus or container,
including a vehicle designed, manufactured or adapted for
the storage of aviation fuel or for the delivery of fuel to an
aircraft.
Aerodrome emergency 94. (1)An operator shall establish an aerodrome emergency plan
planning.
at the aerodrome, which shall –
(a) be commensurate with the aircraft operations and activities
conducted at the aerodrome; and
(b) provide for the coordination of the actions to be taken in the
event of an emergency occurring at the aerodrome or in its
vicinity.
(2)An emergency referred to in sub-regulation (1) includes an
aircraft emergency, natural disasters and sabotage including bomb
threats, unlawful seizure of aircraft, the effect of improper handling,
transportation and storage of dangerous goods and occurrences of
building fires and public health emergencies.
(3)The emergency plan shall provide for the coordination with
the rescue coordination centre and for the response and participation of
all agencies whose assistance is required in the event of an emergency,
including –

(a)at an aerodrome –
(i) air traffic control unit;
(ii) rescue and fire fighting services;

(iii) aerodrome administration;

(iv) medical and ambulance services;

(v) aircraft operators;

(vii) security services;

(viii) airport police unit;

(b)outside the aerodromes –

(i) fire departments;

(ii) Police force;

(iii) medical and ambulance services;

(iv) hospitals and public health services;

(v) military forces;

(vi) harbour patrol or coast guard.


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(4) The emergency plan shall include –

(a)the types of emergencies planned for;

(b)agencies to be involved in the plan;

(c)the responsibility and role of each agency, the emergency


operation centre and the command post for each type of
emergency;

(d)names and contacts of offices or people to be contacted in the


case of a particular emergency; and

(e)a grid map of the aerodrome and its immediate vicinity.

(5) In developing an aerodrome emergency plan, the operator


shall take into consideration the human factor principles to ensure
optimum response by all existing agencies participating in the
emergency operations.

(6) This regulation applies to aerodromes in category A.


Emergency planning 95. (1) An operator shall form an emergency planning committee
committee.
to discuss, determine and implement emergency planning arrangements
commensurate with the size and type of aircraft that use the aerodrome.
(2)This regulation applies to aerodromes in category A,
Aerodrome emergency 96. (1)An emergency plan established under regulation 95 shall
exercise.
contain procedures for periodic testing of the adequacy of the plan and
for reviewing of the results in order to improve its effectiveness.
(2) Without prejudice to the generality of sub-regulation (1), the
plan shall be tested by conducting -
(a)full scale emergency exercises every two years;
(b) partial emergency exercises every year, to ensure that any
deficiencies found during the full scale aerodrome
emergency exercise are corrected and reviewed, or after an
actual emergency, to correct any deficiency found;
(c) table top emergency exercises every six months; and
(d) contingency plan exercises in accordance with the Civil
Aviation (Security) Regulations, 2013.
(3) This regulation applies to aerodromes in category A.
Emergency operation 97. (1) An operator of an aerodrome shall ensure that a fixed
centre and command
post. emergency operations centre and a mobile command post are available
for use during an emergency.
(2) This regulation shall apply to aerodromes in category A.
Emergencies in difficult 98. (1)Where an aerodrome is located close to water or a swampy
environment.
area and where a significant portion of approach or departure
Kenya Subsidiary Legislation, 2013 1091

operations takes place over the area, the emergency plan established
under regulation 95 shall include the ready availability of and co-
ordination with appropriate specialist rescue services.
(2) At an aerodrome located close to a water body, a swampy
area, or difficult terrain, the aerodrome emergency plan shall include
the establishment, testing and assessment at regular intervals of a pre-
determined response for the specialist rescue services.
(3) This regulation applies to aerodromes in category A.
Aerodrome rescue and 99. (1) An operator shall put in place rescue and fire fighting
fire fighting services.
facilities commensurate with the category of the aerodrome as
specified in Table 2 below.

(2) Where an aerodrome is located close to a water body, a


swampy area or difficult terrain and where a significant portion of
approach or departure operations takes place over such an area,
specialist rescue services and fire-fighting equipment appropriate to the
hazard and risk shall be made available.
(3)The level of protection provided at an aerodrome for rescue
and fire fighting shall be appropriate to the aerodrome category which
shall be determined using the principles in sub-regulations (4) and (5)
except that, where the number of movements of the aeroplanes in the
highest category normally using the aerodrome is less than 700 in the
busiest consecutive three months, the level of protection provided shall
be not less than one category below the determined category.
(4)For purposes of aerodrome rescue and fire fighting services,
the aerodrome category shall be determined using Table 2 below and
shall be based on the longest aircraft that normally uses the aerodrome,
and its fuselage width.
(5) Where after selecting the aerodrome category appropriate to
the overall length of the longest aircraft, the fuselage of that aircraft is
found to be greater than the maximum width provided for that
category, in column 3 of Table 2 below the category for that aircraft
shall be the next category.
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TABLE 2 – AERODROME CATEGORY FOR RESCUE AND FIRE


FIGHTING.

Aerodrome Aircraft overall length Maximum


fire category fuselage width
1 0 M up to but not including 9 M 2M
2 9 M up to but not including 12 M 2M
3 12 M up to but not including 18 M 3M
4 18 M up to but not including 24 M 4M
5 24 M up to but not including 28 M 4M
6 28 M up to but not including 39 M 5M
7 39 M up to but not including 49 M 5M
8 49 M up to but not including 61 M 7M
9 61 M up to but not including 76 M 7M
10 76 M up to but not including 90 M 8M

(6) The Amounts of water for foam production and the


complementary agents to be provided on the rescue and fire fighting
vehicles shall be in accordance with the aerodome category determined
under sub-regulations (3) and (4) and Table 3 below.
(7)The amounts of water for foam production may be replaced as
follows -
(a) for aerodrome categories one and two, up to one hundred per
cent of water may be replaced by a complementary agent;
(b) for aerodrome categories three to ten, where a foam meeting
performance level A is used, up to thirty per cent of the
water may be replaced by a complementary agent.
TABLE 3 - MINIMUM USABLE AMOUNTS OF EXTINGUISHING
AGENTS.
Foam meeting Foam meeting Complementary agents
performance level performance
A level B
Aerodrome Water Discharge Water Discharge Dry Discharge rate
fire (L) rate Foam (L) rate Foam Chemical (kg/sec)
Category solution/ solution/ Powder
(1) minute (L) minute (L) (DCP)
(kg)
(2) (3) (4) (5) (6)
1 350 350 230 230 45 2.25
2 1000 800 670 550 90 2.25
3 1800 1300 1200 900 135 2.25
4 3600 2600 2400 1800 135 2.25
5 8100 4500 5400 3000 180 2.25
6 11800 6000 7900 4000 225 2.25
7 18200 7900 12100 5300 225 2.25
8 27300 10800 18200 7200 450 4.5
9 36400 13500 24300 9000 450 4.5
10 48200 16600 32300 11200 450 4.5
Kenya Subsidiary Legislation, 2013 1093

(8)The quantities of water shown in columns 2 and 4 of Table 3


above are based on the average overall length of aircraft in a given
category and where operations of aircraft larger than the average size
are expected, the quantities of water shall be recalculated.
(9)The complementary agents shall comply with the appropriate
specifications of the International Organization for Standardisation
(ISO).
(10)The operational objective of a rescue and fire fighting service
shall be to achieve a response time not exceeding three minutes to any
point of each operational runway, in optimum visibility and surface
conditions.
(11)Any vehicles, other than the first responding vehicle(s),
required to deliver the amounts of extinguishing agents specified in
Table 3 above shall ensure continuous agent application and shall
arrive no more than four minutes from the initial call.
(12)All rescue and fire fighting personnel shall be properly
trained, including training in human performance and team
coordination and shall participate in live fire drills commensurate with
the types of aircraft and rescue and fire fighting equipment in use at the
aerodrome, including pressure-fed fuel fires.
(13)The minimum number of rescue and fire fighting vehicle
provided at an aerodrome shall be as provided in the second column
for the aerodrome category for rescue and fire fighting in the first
column of Table 4 below and shall correspond to the foam meeting
performance in the third column of Table 3 above.
TABLE 4 - MINIMUM NUMBER OF RESCUE AND FIRE
FIGHTING VEHICLE.
Aerodrome fire category Number of rescue and fire fighting vehicles
1 1
2 1
3 1
4 1
5 1
6 2
7 2
8 3
9 3
10 3

(14)The Authority may prescribe alternative means of


compliance with this regulation for aerodromes in categories C and D.
Removal of disabled 100. (1) An operator shall have in place a plan for the removal of
aircraft.
disabled aircraft from the movement area or adjacent to it.
(2)The plan for the removal of disabled aircraft shall be based on
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1094 Kenya Subsidiary Legislation, 2013

the characteristics of the type of aircraft operations and shall include –


(a)a list of equipment and personnel available for the purpose;
(b)arrangement for the rapid receipt of aircraft recovery
equipment kits from other aerodromes, where applicable;
and
(c) the name of the co-ordinator designated to implement the
plan.
(3) The plan under this regulation shall include particulars of the
procedures for removing a disabled aircraft on the movement area or
adjacent to it.
(4) This regulation shall not apply to aerodromes in categories B,
C and D unless otherwise specified by the Authority.
Apron management 101. (1) An operator shall provide an apron management service
service.
at an aerodrome where air traffic service is provided at that aerodrome.
(2) The apron management service established under sub-
regulation (1) shall be provided by an operator, an aerodrome air
traffic service unit, or a combination of these, as may be specified for
each aerodrome category, in the Aeronautical Information Publication
and Aeronautical Information Circular.
(3) Subject to sub-regulation (2), where the aerodrome control
tower does not participate in the apron management service,
procedures shall be established to facilitate the orderly transition of
aircraft between the apron management unit and the aerodrome control
tower.
(4) An operator shall ensure that, where an apron management
service is established, radio communication facilities are provided.
(5) Where low visibility procedures are in effect, persons and
vehicles operating in the apron shall be restricted to the essential
minimum.
(6) An emergency vehicle responding to an emergency shall have
priority over all other surface movement traffic and any vehicle
operating on an apron shall give way to an emergency vehicle or to an
aircraft about to taxi, or which is being pushed or towed.
(7) An aircraft stand at an apron where apron management
service is provided shall be visually monitored to ensure that the
recommended clearance distances are provided to an aircraft using the
stand.
(8) This regulation does not apply to aerodromes in categories C
and D unless otherwise specified by the Authority.
Ground servicing of 102. (1) An operator shall ensure that fire extinguishing
aircraft.
equipment, suitable for at least the initial intervention in the event of a
fuel fire, is readily available during the ground servicing of an aircraft,
and that there is means of quickly summoning the rescue and fire
fighting service in the event of a fire or major fuel spill.
Kenya Subsidiary Legislation, 2013 1095

(2) An operator shall ensure that, when aircraft refuelling


operations take place while passengers are on board, embarking or
disembarking, ground equipment are positioned in a manner that
allows -
(a) the use of a sufficient number of exits for expeditious
evacuation; and
(b) a ready escape route from each of the exits to be used in an
emergency.
Aerodrome vehicle 103. (1) A person shall not operate a vehicle on the manoeuvring
operation.
area at an aerodrome where air traffic service is provided, except
where authorized by the aerodrome control tower.
(2) A person shall not operate a vehicle on an apron of an
aerodrome except where authorized by the operator.
(3) A vehicle operating on the movement area shall have a
rotating beacon.
(4) A driver of the vehicle on the movement area shall comply
with all mandatory instructions conveyed by markings and signs,
where the vehicle is on the manoeuvring area, except where the driver
is authorized by the aerodrome control tower; or
(5) A driver of the vehicle on the movement area shall comply
with all mandatory instructions conveyed by markings and signs,
where the vehicle is on an apron, except where the driver is authorized
by the aerodrome operator.
(6) A driver of a vehicle on the movement area shall comply with
all mandatory instructions conveyed by lights and instructions issued
by the aerodrome control tower where the vehicle is on the
manoeuvring area or by the appropriate designated authority, where
the vehicle is on an apron.
(7) A driver of a vehicle on the movement area shall be
appropriately trained for the tasks to be performed and shall be issued
with a permit by the operator.
(8) A driver of a radio-equipped vehicle shall establish
satisfactory two-way radio communication with the aerodrome control
tower before entering the manoeuvring area and with the appropriate
designated authority before entering the apron, and shall maintain a
continuous listening watch on the assigned frequency while on the
movement area.
(9) This regulation shall not apply to aerodromes in categories C
and D unless otherwise specified by the Authority.
Location, construction 104. (1) Except for the purpose of air navigation, a person shall
and installation of
equipment on operational not construct or install equipment or any installation on a runway strip,
areas. a runway end safety area, a taxiway strip, a clearway or within any
distances determined by the Authority, where the construction or the
equipment may endanger the safety of an aircraft.
(2) Where any equipment or installation required for air
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1096 Kenya Subsidiary Legislation, 2013

navigation purposes is to be located on a portion of a runway strip or


on a runway end safety area, a taxiway strip or within any distances
determined by the Authority, the equipment or installation shall be
located in accordance with the standards specified by the Authority.
Fencing of aerodromes 105. (1) An operator of an aerodrome shall provide a fence or a
and installations.
suitable barrier on the aerodrome -
(a) to prevent the entrance into the movement area, of any
animals likely to be a hazard to aircraft; and
(b) to deter the inadvertent or premeditated access of an
unauthorised person onto a non-public area of the aerodrome.
(2)An operator shall provide suitable means of protection for an
aerodrome to deter the inadvertent or premeditated access of
unauthorised persons into ground installations and facilities essential
for the safe operation of aircraft.
(3)The fence or barrier required under sub-regulation (1) shall be
located so as to separate the movement area and other facilities or
zones on the aerodrome which are vital to the safe operation of aircraft
from areas open to public use.
(4)Where greater security is needed, a cleared area shall be
provided on both sides of the fence or barrier to facilitate the work of
patrols and to make trespassing more difficult and provision for a
perimeter road along the aerodrome fencing for the use of both
maintenance personnel and security patrols may be made.
(5)Where the Authority deems it necessary for security reasons,
the fence or barrier provided under sub-regulation (1) shall be
illuminated at a minimum essential level and the security lighting shall
be located so that the ground area on both sides of the fence or barrier,
particularly at access points, is illuminated.
(6) This regulation applies to aerodromes in category A and B
except where deemed otherwise by the Authority.
Maintenance of safety 106. (1) An operator shall establish and maintain a safety
inspection programme.
inspection programme for the aerodrome.
(2) The safety inspection programme shall –
(a) provide procedures to ensure that competent aerodrome
personnel execute the programme effectively; and
(b)provide a reporting system to ensure prompt correction of
unsafe aerodrome conditions noted during any inspection.
Maintenance of fire 107. (1) An operator shall establish a fire prevention programme
prevention programme.
with preventive measures against possible fires on the aerodrome and
identify a person to maintain the fire prevention programme for the
aerodrome and the aerodrome buildings.
(2)Where an aerodrome does not have designated fire service, the
operator shall arrange with the relevant local government authority or
any other concerned authority to maintain a fire prevention programme
Kenya Subsidiary Legislation, 2013 1097

for the aerodrome and to advise the operator of any dangerous


conditions for rectification.
(3)An operator shall ensure that unsafe practices that may result
in fire are not performed on the aerodrome or within its vicinity.
(4)Notwithstanding sub-regulation (3) where unsafe practices are
performed during maintenance on the aerodrome, an operator shall
alert the rescue and fire fighting services concerned, to be on standby
for the duration of the practices.
Access of ground 108. (1) An operator shall –
vehicles to aerodrome
movement area. (a) limit the access of any ground vehicles used for aerodrome
and aircraft operations, to the aerodrome manoeuvring area;
(b) provide adequate procedures for the safe and orderly access to
the aerodrome and operation in the manoeuvring area of
ground vehicles, where an air traffic service unit is in
operation at the aerodrome, in order to ensure that each
ground vehicle operating in the aerodrome manoeuvring
area is controlled by –
(i) two-way radio communication between the vehicle and
the air traffic service unit;
(ii) an accompanying radio communication or an escort
vehicle with adequate measures including signals or
guards to control the vehicle, where the vehicle does
not have a radio;
(b) provide adequate measures to ensure that ground vehicles
operating in the aerodrome movement area are controlled by
signs, pre-arranged signals or standards prescribed by the
Authority, where an air traffic service unit is not in operation
at the aerodrome;
(c) ensure that any person who operates a ground vehicle on the
aerodrome movement area is familiar with and complies
with the rules and procedures for the operation of ground
vehicles as prescribed by the Authority.

(2) An operator shall ensure that a person who has access to the
aerodrome movement area wears a coloured reflective gear which shall
be conspicuously displayed while on the movement area.
(3) In this regulation, “gear” includes a vest, band, overcoat,
helmet and socks.
PART XII—AERODROME MAINTENANCE
Application of this Part. 109. This part shall apply only to aerodromes in categories A and
B.
Maintenance programme. 110. (1) An operator shall establish at the aerodrome, a
maintenance programme, including preventive maintenance to
maintain a facility in a condition that does not impair the safety,
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1098 Kenya Subsidiary Legislation, 2013

regularity and efficiency of air navigation.


(2)In this regulation -
(a) “facility” includes a pavement, visual aid, fencing, drainage
system and building;
(b) “preventive maintenance” means programmed maintenance
work done to prevent failure or degradation of a facility.
Maintenance of 111. (1) An operator shall at all times ensure that -
movement and adjacent
areas. (a) the surfaces of all movement areas including pavements
(runways, taxiways, and aprons) and adjacent areas are
inspected and their conditions monitored regularly as part of
an aerodrome preventive and corrective maintenance
programme with the objective of avoiding and eliminating
any loose objects/debris that might cause damage to aircraft
or impair the operation of aircraft systems;

(b)the surface of the runway is maintained in a condition that


precludes formation of harmful irregularities such as water
pools and rough surfaces;
(c) measurements of the friction characteristics of the runway are
made periodically with a continuous friction measuring
device using self-wetting features;
(d)corrective maintenance action is taken whenever the friction
characteristics for the entire runway or portion of it are
below the prescribed minimum friction level or minimum
maintenance planning level;
(e) when there is reason to believe that the drainage
characteristics of a runway or portions of the runway, are
poor due to slopes or depressions, then the runway friction
characteristics are assessed under natural or simulated
conditions that are representative of local rain and corrective
maintenance action is taken where necessary;
(f)where a taxiway is used by turbine-engine aircraft, the surface
of the taxiway shoulders is maintained so as to be free of any
loose stones or other objects that may be ingested by the
aircraft engines;
(g) the surfaces of the paved runways, taxiways and aprons, are
maintained in a condition that provides good friction
characteristics and low rolling resistance;
(h) any standing water, mud, dust, oil, rubber deposits and other
contaminants is removed to minimize accumulation, with
priority given to runways, taxiways, aprons, holding bays
and other areas, in that order.
(2) An operator shall ensure that the overlaying of runway
pavements is done in accordance with standards prescribed by the
Authority so that aircraft operations do not experience down ramp.
Kenya Subsidiary Legislation, 2013 1099

Preventive maintenance 112. (1) An operator shall not operate an aerodrome unless a
of visual aids.
system of preventive maintenance of visual aids is employed at the
aerodrome.
(2) The system of preventive maintenance required under sub-
regulation (1) shall, if employed for instrument precision approach
runways categories I and II include –
(a) visual inspections and in-field measurement of the intensity,
beam spread and orientation of lights included in the
approach and runway lighting systems;
(b) control and measurement of the electrical characteristics of
each circuitry included in the approach and runway lighting
systems; and
(c) control of the correct functioning of the light intensity settings
used by air traffic control unit.
(3)The in-field measurements of intensity, beam spread and
orientation of lights applicable to instrument precision approach
runways categories I and II shall be undertaken by measuring all lights,
as far as practicable to ensure conformity with prescribed
specifications using a mobile measuring unit of sufficient accuracy to
analyse the characteristics of individual lights.
(4)The frequency of measurement of lights shall be at least twice
a year for instrument precision approach runways categories I and II
and at least once a year for other lights.
(5)An operator who is required to employ a system of preventive
maintenance under sub-regulation (1), for instrument precision
approach runways categories I and II operations and for operations
under runway visual range conditions, shall comply with specifications
prescribed by the Authority.
Construction or 113. An operator shall ensure that any construction or
maintenance activity
during low visibility maintenance activity is not undertaken in the proximity of aerodrome
operations. electrical systems at any time during periods of low visibility
operations.
Works at aerodromes. 114. (1) An operator shall establish procedures and precautions
to ensure that any works carried out at an aerodrome do not endanger
the safety of any aircraft operations.
(2)The procedures and precautions in sub-regulation (1) shall
comply with standards prescribed by the Authority.
PART XIII-ELECTRICAL SYSTEMS
Application of this Part. 115. (1) This part shall apply to aerodromes in category A.
(2) This part may apply to aerodromes in categories B, C, and D
where deemed necessary by the Authority
Electrical power supply 116. (1) An operator shall not operate an aerodrome unless
systems for air navigation
services and facilities. adequate primary power supply systems are made available for the safe
functioning of air navigation services and facilities.
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1100 Kenya Subsidiary Legislation, 2013

(2) The design and provision of electrical power systems for


aerodrome visual and radio navigation aids shall be such that an
equipment failure does not leave the pilot with inadequate visual and
non-visual guidance or misleading information.
(3)Where secondary power is required for air navigation services
and facilities, the operator shall arrange the electric power supply
connections so as to ensure that the facilities are automatically
connected to the secondary power supply upon failure of the primary
power supply.
(4)Sub-regulation (3) applies for non-instrument runways except
that a secondary power supply for visual aids may not be provided
where an emergency lighting system is provided and is capable of
being deployed within fifteen minutes.
(5)At an aerodrome where the primary runway is an instrument
non-precision approach runway, a secondary power supply capable of
fulfilling the requirements of sub-regulation (3) shall be provided,
except that a secondary power supply for visual aids need not be
provided for more than one instrument non-precision approach
runway.
(6)An operator shall provide the following aerodrome facilities
with secondary power supply capable of supplying power where there
is a failure of the primary power supply -
(a) the signalling lamp and the minimum lighting necessary to
enable air traffic services personnel to carry out their
duties;
(b) all obstacle lights which, in the opinion of the Authority are
essential to ensure the safe operation of aircraft;
(c) approach, runway and taxiway lighting;
(d)meteorological equipment;
(e) essential security lighting, if provided;
(f)essential equipment and facilities for the aerodrome
emergency agencies;
(g)floodlighting on a designated isolated aircraft packing position
if provided; and
(h) illumination of apron areas over which passengers may walk.
(7) The maximum switch-over time between failure of the
primary source of power and the secondary source of power for the
services required by sub-regulation (6) shall be as indicated in Table 5
below.
Kenya Subsidiary Legislation, 2013 1101

TABLE 5 - SECONDARY POWER SUPPLY REQUIREMENTS


Maximum
Runway Lighting aids requiring power switch-over time
Type
Non- Visual approach slope indicatorsa 15 seconds
instrument Runway edgeb 15 seconds
Runway thresholdb 15 seconds
Runway endb 15 seconds
Obstacle 15 seconds
Non- Approach lighting system 15 seconds
precision Visual approach slope indicators a,d 15 seconds
approach Runway edge d 15 seconds
Runway threshold d 15 seconds
Runway end 15 seconds
Obstacle a 15 seconds
Precision Approach lighting system 15 seconds
approach Visual approach slope indicators a,d 15 seconds
category I Runway edge d 15 seconds
Runway threshold d 15 seconds
Runway end 15 seconds
Essential taxiways a 15 seconds
Obstacle a 15 seconds
Precision Inner 300 m of the approach lighting 1 second
approach system 15 seconds
category II Other parts of the approach lighting 15 seconds
system 15 seconds
Obstacle a 1 second
Runway edge 1 second
Runway threshold 1 second
Runway end 1 second
Runway centre line 1 second
Runway touchdown zone 15 seconds
All stop bars
Essential taxiway
Runway Runway edge
Note 15 seconds c
meant
a. for Runway
Supplied
(8)For with end ofpower
the secondary
purpose operation1 is
when their“switch-over
this regulation, second
essential to
time” means
take-off
the safetyin Runway
of flight centre line
operation. 1 second
the time required for the actual intensity of a light measured in a given
runway
direction toAll
c. One second stop
fallwhere
frombars
no runway
fifty centre
pera cent and line lightstoare
recover 1 per
second
provided.
fifty cent during
visual
d. One Essential
second where taxiway
a power supply changeover,approaches are over hazardous
when the light is being 15
or seconds
precipitous
operated at
a
range
terrain.
intensities Obstacle
of twenty five per cent or more. 15 seconds
conditions
less thanPART
a XIV-INFORMATION TO BE REPORTED TO
value of AERONAUTICAL INFORMATION SERVICES
800 m
Application of this Part. 117. This part shall apply to all categories of aerodromes.
Availability of 118. (1) An operator shall ensure that information relating to the
Information.
aerodrome and its facilities, which is significant for the conduct of
flights to and from the aerodrome, is available to the users of the
aerodrome.
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1102 Kenya Subsidiary Legislation, 2013

(2) An operator shall be responsible for notifying the


Aeronautical Information Services of any errors and omissions in the
aeronautical information of operational significance, published in the
Aeronautical Information Publication or Aeronautical Information
Circular or in the NOTAM, and of any pending changes in the
aerodrome or its facilities which are likely to affect this information.
(3) An operator shall provide information on the following for
the guidance of pilots and other operators -
(a) status of licensing/certification of the aerodrome;
(b) construction or maintenance work on or immediately adjacent
to the manoeuvring area;
(c) unserviceable portions of any part of the manoeuvring area;

(d) the runway surface conditions when affected by water,


damp, wet, water patches or flooded, as appropriate;

(e) parked aircraft or other objects on, or immediately adjacent


to the taxiways;

(f) the presence of other temporary hazards;

(g) failure or irregular operation of any part of the aerodrome


lighting system, or of the aerodrome main and secondary
power supplies;

(h) failure, irregular operation and changes in the operational


status of any electronic approach or navigation aid, or
aeronautical communication facility;

(i) failures and changes in the runway visual range observer


system; and

(ii) any other information of operational significance.


Action required for 119. (1) Where any of the following conditions occur or are
occurrences of
operational significance anticipated, an operator shall take immediate action to amend the
other than those information contained in the Aeronautical Information Circular and
involving electronic aids where necessary, promulgate the change by NOTAM through the
and communication
facilities. Aeronautical Information Services using the Aeronautical Information
Services address notified in the Aeronautical Information Circular –
(a) changes in the availability of the manoeuvring area and
changes in the runway declared distance; except that increases in
declared distances may only be made with the approval of the
Authority;
(b) significant changes in aerodrome lighting and other visual
aids;
(c) presence or removal of temporary obstructions to aircraft
operation in the manoeuvring area;
Kenya Subsidiary Legislation, 2013 1103

(d) presence of airborne hazards to air navigation;


(e) interruption, return to service, or major changes to rescue
facilities and fire fighting services in terms of the new
category of the rescue and fire fighting service available at
the aerodrome; except that permanent changes to the
promulgated rescue fire fighting category may only be made
with the approval of the Authority;
(f) failure of or return to operation of hazard beacons and
obstruction lights on or in the vicinity of the aerodrome;
(g) erection or removal of obstructions to air navigation, and
erection or removal of significant obstacles in take-off, climb
or approach areas;
(h) air displays, air races, parachute jumping, or any unusual
aviation activity; and
(i) any other information of operational significance.
(2) Where any of the conditions in sub-regulation (1) arises at
short notice, an operator shall notify the Aeronautical Information
Services for promulgation of a NOTAM.
(3) Where any of the conditions in sub-regulation (1) is
intended, the operator shall make a written request to the Aeronautical
Information Services, for the amendment of the Aeronautical
Information Publication and Aeronautical Information Circular or for
supplementary action.
Action required for 120. (1) An operator or a person in charge of a navigation facility
occurrences that affect
electronic aids and shall initiate NOTAM action –
communication facilities.
(a) for the establishment or withdrawal of electronic aids to air
navigation; and
(b) for changes in the regularity or reliability of operation of any
electronic aid to air navigation or aeronautical
communication facility.
(2) An operator or a person in charge of a navigation facility shall
request for the NOTAM action, or an amendment or a supplement of
Aeronautical Information Publication or Aeronautical Information
Circular directly from the Aeronautical Information Services or through
channels established by the Authority.
Aeronautical data 121. (1)An operator shall provide to the Authority for
reporting
promulgation, accurate aeronautical data as specified in the Fifth
Schedule to these Regulations.
(2)An operator shall ensure that aerodrome related aeronautical
data is adequate and accurate and that the integrity of the data is
maintained and protected throughout the data process from survey or
origin up to the next intended user.
(3) An operator shall determine and report aerodrome related
aeronautical data in accordance with prescribed accuracy and integrity
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requirements while taking into account the established quality system


procedures.
(4) Accuracy requirements for aeronautical data shall be based
upon a ninety five per cent confidence level and in that respect, three
types of positional data, namely; surveyed points, calculated points and
declared points shall be identified.

(5) Without prejudice to the generality of sub-regulations (1), (2),


(3) and (4), the determination and reporting of aerodrome aeronautical
data shall be in accordance with the accuracy and integrity levels
prescribed by the Authority or a person in charge of a navigation
facility.

(6) Subject to sub-regulation (5), the following classification and


data integrity levels shall apply –

(a) critical data, integrity level 1 x 10-8: where there is a high


probability, when using corrupted critical data that the
continued safe flight and landing of an aircraft may be
severely at risk with the potential for catastrophe;

(b)essential data, integrity level 1 x 10-5: where there is a low


probability, when using corrupted essential data that the
continued safe flight and landing of an aircraft may be
severely at risk with the potential for catastrophe;
(c) routine data, integrity level 1 x 10-3: where there is a very low
probability when using corrupted essential data that the
continued safe flight and landing of an aircraft may be
severely at risk with the potential for catastrophe.

PART XV-EXEMPTIONS
Application of this Part. 122. This part shall apply to all categories of aerodromes.
Application for 123. (1) A person may apply to the Authority for an exemption
exemption.
from any provision of these Regulations.
(14) (2) An application for an exemption from any provision of
these Regulations shall be submitted at least sixty days before the
proposed effective date of exemption.
(15) (3) An application for exemption shall contain -
(a)the name, physical address, mailing address, telephone number,
fax number and email address of the applicant, where
available;
(b)the specific requirement from which the applicant seeks
exemption;
(c)justification for the exemption;
(d)a description of the type of operations to be conducted under
the proposed exemption;
Kenya Subsidiary Legislation, 2013 1105

(e)the proposed duration of the exemption;


(f)a detailed description of the alternative means by which the
applicant is to ensure a level of safety equivalent to that
established by the regulation from which the exemption is
applied for;
(g)a review of any known safety concerns related to the required
exemption, including information about any relevant
accidents or incidents of which the applicant is aware;
(h)where the applicant seeks to operate under the proposed
exemption outside the air space of Kenya, an indication as to
whether the exemption may contravene any provision of the
standards and any regulations pertaining to the airspace in
which the operation is to occur; and
(i) any other relevant information that may be required by
the Authority.
(4) Where the applicant seeks emergency processing of an
application for exemption, the application shall contain facts and reasons
to support the reasons for not filing the application within the time
specified in sub regulation (2) and satisfactory reasons for deeming the
application an emergency.
(5) The Authority may refuse an application made under sub-
regulation (4) where in the opinion of the Authority, the reasons given
for the exemption are not satisfactory.
(6) An application for exemption shall be accompanied by a fee
specified by the Authority.
Initial review by the 124. (1) The Authority shall review an application for exemption
Authority.
for accuracy and compliance with the requirements of regulation 123.
(2) Where the Authority determines that the application for
exemption meets the requirements of this Part and that a review of its
merits are justified, the Authority shall notify and may publish in the
Gazette or at least one local daily newspaper of wide circulation, a
detailed summary of the application, for public comment, specifying the
date by which the comments are to be received by the Authority for
consideration.
(3) Where the applicant does not meet the requirements of
regulations 123, the Authority shall inform the applicant and no further
action shall be taken on that application.
Evaluation of application 125. (1) The Authority shall conduct an evaluation of an
for exemption.
application after the initial review in accordance with regulation 124, to
determine whether -
(a) the proposal by the applicant provides a level of safety
equivalent to that established by the regulation from
which the exemption is sought;
(b) a grant of the exemption would contravene the applicable
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standards;
(c) the request shall be granted or refused and any conditions or
limitations that may be part of the exemption.

(2) The Authority shall inform the applicant in writing and


publish a detailed report of its evaluation and decision to grant or deny
the application for exemption.

(3) The report referred to in sub-regulation (2) shall specify the


duration of the exemption and any conditions or limitations of the
exemption.

(4) Where an exemption affects a significant population of the


aviation industry in Kenya, the Authority shall publish the report in the
Aeronautical Information Circular.
PART XVI-GENERAL PROVISIONS
Application of this Part. 126. This part shall apply to all categories of aerodromes except
where otherwise specified.
Change of name of a 127. (1) A holder of a licence or certificate may apply to the
licence or certificate
holder. Authority to change the name of the holder of the licence or certificate.

(2) An application in sub regulation (1) shall be accompanied by –


(a) the current licence or certificate; and
(c)a court order, or any other legal document verifying the change
of name, if any.

(3)The Authority shall change the name of the holder and issue a
replacement licence or certificate with the appropriate endorsement.
(4) The Authority shall retain copies of the documents submitted
under sub regulation (2).
Change of address of a 128. (1) A holder of a licence or certificate, shall inform the
licence or certificate
holder. Authority of –
(a) change in the physical address at least fourteen days in
advance;
and

(b) the mailing address upon the change.

(2) Where a holder of a licence or certificate does not inform the


Authority of the change in the physical address within the time specified
in sub regulation (1), the Authority may suspend the licence or
certificate.
Kenya Subsidiary Legislation, 2013 1107

Use and retention of 129. (1) A person shall not -


licences, certificates and
records. (a) use a licence, certificate, approval, permission, exemption or
any other document issued or required by or under these
Regulations which is forged, altered, revoked, or suspended,
or which the person is not entitled to use;

(b)forge or alter a licence, certificate, approval, permission,


exemption or any other document issued or required by or
under these Regulations;

(c)lend a licence, certificate, approval, permission, exemption or


any other document issued or required by or under these
Regulations to any other person; or

(d)make any false representation for the purpose of procuring for


himself, herself or any other person the issue, renewal or
variation of an licence,certificate, approval, permission or
exemption or other document.

(2) A person shall not, during the period for which it is required
under these Regulations to be preserved –

(a)mutilate, alter, render illegible or destroy a licence, certificate


or any entry made in any record;

(b)knowingly make, procure or assist in the making of any false


entry in a licence, certificate or record, or

(c)wilfully omit to make a material entry in an licence, certificate


or record.

(3) A record required to be maintained under these Regulations


shall be recorded in a permanent and indelible material.
(4) A person shall not purport to issue a licence, certificate or
exemption for the purpose of these Regulations unless that
person is authorised to do so.
(5) The Authority may suspend or cancel a licence or certificate
of an operator who contravenes any provision of these
Regulations.
Replacement of 130. A holder of a licence or certificate who requires a
documents.
replacement of the licence or certificate may apply to the Authority in
the prescribed form.
Aeronautical user 131. (1) The Authority shall notify of the fees to be charged in
charges.
connection with –
(a) the issue, validation, renewal, extension or variation of any
licence, certificate or any other document, including a copy
of any of these;
(b) the undertaking of any examination, test, inspection or
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1108 Kenya Subsidiary Legislation, 2013

investigation;
(c)the grant of any permission or approval required for the purpose
of these Regulations.
(2) Where an application for which any fee is chargeable under
sub-regulation (1) is made, the applicant shall, before the application is
processed, pay the required fee.
(3) The Authority shall not refund the fees where an application is
withdrawn after payment of fees is made or where the application ceases
to have effect or is refused.
Conditions for operating 132. A person shall not operate an aerodrome licensed or
an aerodrome.
certificated under these Regulations unless the facilities and
characteristics of the aerodrome are effectively related and match the
needs of the aircraft for which the aerodrome is intended.
Standards for physical 133. A person shall not operate an aerodrome unless the physical
characteristics.
characteristics of the aerodrome comply with the standards prescribed
by the Authority and any publications as may be published or approved
by the Authority.
Dangerous light. 134. (1) A person shall not exhibit a light in the vicinity of an
aerodrome which, by its glare, endangers the safety of aircraft arriving
or departing from the aerodrome.
(2) Where a light appears to the Authority to be capable of
endangering the safety of aircraft as described in sub-regulation (1), the
Authority may direct the owner of the place where the light is exhibited
or the person having charge of light to extinguish and to prevent in the
future, the exhibition of the light within the period specified.
(3) Where a light is or may be visible from any waters within the
area of a general lighthouse authority, the power of the Authority under
this regulation shall not be exercised except with the consent of that
lighthouse authority.
Lighting of en-route 135. (1) An owner or a person in charge of an en-route obstacle
obstacles.
shall ensure that the en-route obstacle is fitted with medium intensity
steady red light –
(a) positioned as close as possible to the top of the obstacle;
and
(b) spaced as far as practicable, equally between the top l lights
and ground level with an interval not exceeding thirty three
metres, at the intermediate levels.
(2) Where any light which is required by this regulation to be
displayed fails, an owner or a person in charge of an en-route obstacle
shall repair or replace the light as soon as is reasonably practicable but
in any case not later than twenty four hours after the failure of the light.
(3) Subject to sub-regulation (2), an owner or a person in charge
of an en-route obstacle shall ensure that the lights required to be fitted
by this regulation are displayed.
Kenya Subsidiary Legislation, 2013 1109

(4) An owner or a person in charge of an en-route obstacle shall


ensure that sufficient light is fitted and arranged at each level of an
obstacle where lights are required to be fitted, so as to show, when
displayed, in all directions.
(5) The Authority may direct that an en-route obstacle is fitted
with additional lights which shall be displayed in such positions and at
such times as the Authority may specify.
(6) For the purpose of this regulation –
(a) “en-route obstacle” means any building, structure or erection,
which is one hundred metres or more, above ground level,
except a building, structure or erection, which is in the
vicinity of an aerodrome;
(b)“medium intensity steady light” means a light, which complies
with the characteristics described for a medium intensity type
C light as specified in the Manual of Aerodrome Standards.
Land use in the vicinity 136. All land use practices and activities in the vicinity of an
of an aerodrome.
aerodrome shall conform to the guidelines prescribed by the Authority.
Aeronautical study. 137. Where an aerodrome does not meet the requirements of
prescribed standards, the Authority may determine, after carrying out
aeronautical studies, the conditions and procedures that are necessary to
ensure a level of safety equivalent to that established by the relevant
prescribed standard.
Deviations from 138. Any deviation from a prescribed standard or procedure in
standards.
these Regulations shall be set out in an endorsement on the aerodrome
manual.
Safety inspections and 139. The Authority shall –
audits.
(a) carry out such safety inspections and audits as may be
necessary for the purpose of verifying the validity of an
application for construction and operation of an aerodrome;
(b) carry out safety inspections and audits of any document and
records of an operator, which may be necessary to determine
compliance with the appropriate requirements as prescribed in
these Regulations.
Obligation to insure an 140. (1) A person shall not operate, or cause or permit any other
aerodrome.
person to operate, an aerodrome unless there is a policy of insurance in
force in relation to that aerodrome.
(2) A policy of insurance shall be of no effect for the purposes of
sub regulation (1) unless-
(a) there has been issued by the insurer to the operator a
certificate in relation to the policy of insurance in such
form and containing such particulars as the Authority
may prescribe, and
(b) the operator has sent, or caused to be sent, to the Authority
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1110 Kenya Subsidiary Legislation, 2013

a copy of such certificate.


(3) If the policy of insurance at any time or for any reason ceases
to have effect, any licence or certificate issued under these Regulations
in respect of the aerodrome to which the policy of insurance relates shall
thereupon be deemed to have been revoked.
(4) A licence or certificate shall not be renewed or amended under
these Regulations in relation to the operation of an aerodrome where the
policy of insurance has expired.
(5) In this regulation "policy of insurance" means a policy which
insures the operator of an aerodrome against liability in respect of loss
and damage caused to any person or property at that aerodrome and
which complies with such conditions as may be prescribed by the
Authority.
(6) This regulation shall not apply to aerodromes in categories C
and D unless required by the Authority.
PART XVII-OFFENCES AND PENALTIES
Contravention of 141. A person who contravenes any provision of these Regulations
Regulations.
may have his certificate, licence, approval, authorisation or such other
document revoked or suspended.
Offences and Penalties. 142. (1) A person who contravenes any provision of these
Regulations, orders or notices made thereunder commits an offence and
shall, upon conviction, be liable to a fine or imprisonment or both, and
in the case of a continuing contravention, each day of the contravention
shall constitute a separate offence.
(2) Any person who has been convicted under sub regulation (1)
shall be liable to a fine of not more than two million shillings or to
imprisonment for a term not more than six months or to both, and in a
case of a continuing offence shall be liable to a fine of not more than
fifty thousand shillings for each day the offence continues.
(3)Where 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, orders or notices made thereunder 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.
PART XVIII-SAVINGS, TRANSITION AND REVOCATION
Savings and Transition 143. A licence, certificate or any other document issued to an
operator prior to the commencement of these Regulations shall continue
in force as if it was issued under these Regulations until it expires or is
cancelled by the Authority.
Revocation of L.N 131 144. The Civil Aviation (Aerodromes) Regulations, 2008 are
of 2008.
repealed.
Kenya Subsidiary Legislation, 2013 1111

_______________
FIRST SCHEDULE
____________
Regulation 42(1)
_________

PART A

SYSTEMATIC MANAGEMENT OF SAFETY AT AERODROMES

1. Safety Management
Aerodromes in Category A shall have in place a system for managing safety, to which
it is committed, is readily identifiable by the personnel of the Aerodrome and the
personnel of the Authority and is clearly documented in the Aerodrome Manual.
2. Interpretation
In this Schedule, unless the context otherwise requires -
“risk” is the combination of the probability, or frequency of occurrence of a defined
hazard and the magnitude of the consequences of the occurrence.
3. Safety Objective
An aerodrome and the facilities, equipment and systems of the aerodrome shall be
designed and operated such that for any hazard, the combination of the probability of
occurrence and the seriousness of the consequences of the hazard occurring must not
result in a level of risk that is unacceptable.
4. Safety Management Policy Statements
Safety Management Systems (SMS) established at aerodromes shall include the
following-
(a)a statement that the highest priority shall be attached to safety in relations to all
business activities;
(b) a business objective for safety that shall minimise the aerodrome’s contribution to
aviation accidents risk to as low as reasonably practicable;
(c) a commitment by the aerodrome operator to adopt an explicit and pro-active
approach to safety management;
(d) statements of safety-related responsibilities and accountabilities at all levels of the
organization;
(e) a commitment to comply with all appropriate safety standards;
(f) a commitment that the safety assurance processes used by external suppliers
comply with safety standards and requirements;
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1112 Kenya Subsidiary Legislation, 2013

(g) a commitment by the aerodrome operator to have in place an emergency response


plan that provides for the orderly and efficiency transition and coordination of
operations from normal to emergency and back to normal.
5. Safety Management Principles
(1) (a) Whenever practicable, quantitative safety levels shall be derived, maintained
and improved for all aviation products and services delivered by the aerodrome;
and when quantitative safety levels cannot be derived, a qualitative reasoning shall
be performed in order to meet the safety objective.
(b) An operator shall assess all existing operations, proposed changes, additions or
replacements for their safety significance.
(c) An operator shall identify and record the safety requirements for a service or
product, the results of the safety assessment process and the evidence that the
safety requirements have been met; and the records shall be maintained throughout
the life of the service or product.
(d) An operator shall ensure that personnel whose functions impact on safety at the
aerodrome are adequate, trained and qualified for the job they are required to do
and for which they have accountability.

(2) (a)An operator shall ensure that there is accountability, at a suitable senior level for
the management, development and monitoring of the safety management system.
(b) An operator shall routinely carry out internal safety audits to provide assurance of
the safety activities and to confirm compliance with the safety requirements and the
safety management system.
(c) An operator shall have in place suitable monitoring arrangements so that
undesirable trends in service or product performance can be recognized and be
subject to remedial action; and in order to achieve this, the operator shall in
accordance with the provisions of the Part B of this Schedule –
(i) establish a reporting system for accident and incident reporting that ensures the
Authority is informed of the aviation safety aspects in connection with the
aerodrome;
(ii) investigate safety significant occurrences, identify any failures of its
management of safety and take corrective action if required;
(d) The operator shall establish and maintain procedures, which enable tracing of
documents and data related to the safety management system, and the procedures
shall ensure that all safety related documents and data are available, and that
invalid documents and data shall be destroyed and secured against unintended use.
6. Safety Management Strategy
(1) An operator shall establish processes to identify safety shortcomings, so that
remedial action can be taken to ensure safety levels are maintained.
(2) The basic principles to be applied in the safety management strategy shall include -
(a)safety achievement; specifying the means by which the safety performance of the
organization meets its safety objectives and derived requirements;
(b)safety assurance; specifying the means for providing assurance that risks are being
Kenya Subsidiary Legislation, 2013 1113

managed properly and effectively;


(c)safety performance monitoring and measurement; specifying the means to verify
safety performance of the organisation and to validate the effectiveness of safety
risk controls;
(d)safety promotion; specifying the means by which safety issues are communicated
within the aerodrome to eliminate unnecessary risks and avoid repeat errors or risks
and safety training programme that ensures personnel are trained and competent to
perform SMS duties.
(3) An operator shall develop and maintain a formal process to:
(a) ensure that hazards in operations are identified.
(b) identify changes within the organisation which may affect processes and services
and shall describe arrangements to ensure safety performance before implementing
changes.
(c) identify the causes of substandard performance of safety management systems,
determine the implications of substandard performance of the SMS in operation
and eliminate or mitigate such processes.
7. Operational safety assurances documentation
An operator shall produce and maintain safety assurance documentation, and this
documentation shall cover-
(a) all safety related roles and functions;
(b) a safety based risk assessment of the roles and functions where practicable;
(c) a process of risk management for safety related tasks and functions to ensure that
identified risks remain tolerable;
(d) safety performance measurements of the current operations as part of the ongoing
risk management; and
(e) corrective procedures and measures that modify the original tasks or functions to
address inadequate performance.
8. Safety assurance documentation on systems requiring approval
(1) An operator shall, when intending to introduce new systems into operation, or
introduce changes to, or replace existing systems, submit an application for approval
by the Authority.
(2) The aerodrome operator shall also submit an application for approval if the intended
changes affect the approvals in the aerodrome licence.
(3) An aerodrome licensee shall, if satisfied that their own safety requirements as well as
those issued by the Authority have met the compliance criteria, notify the Authority in
writing indicating compliance with the specified safety requirements for any
operational system.

9. Safety assessment methodology


The safety assessment of the aerodrome shall involve -
(a) systematic identification of possible hazards to aircraft;
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1114 Kenya Subsidiary Legislation, 2013

(b) evaluation of the seriousness of the consequences of the hazard occurring;


(c) considering the chances of a hazard happening;
(d) determining whether the consequent risk is tolerable and within the operators
acceptable safety performance criteria; and
(e) taking action to reduce the severity of the hazard or the probability of it arising in
order to reduce the risk to a tolerable level.
10. Safety auditing of aerodromes
An operator shall carry out internal safety auditing of the aerodrome in order to
determine -
(a) the level of compliance with requirements;
(b) the areas and degree of risk and their effective management; and
(c) the competence and performance of those responsible for safety.
PART B
AIRCRAFT ACCIDENT AND INCIDENT REPORTING AND INVESTIGATION AT
AERODROMES
1. Aerodrome occurrence reporting
(1) This schedule prescribes the requirements for reporting the occurrence or detection of
defects, failures or malfunctions at an aerodrome, its components or equipment, which
could jeopardize the safe operation of the aerodrome or cause it to become a danger to
persons or property.
(2) The objectives of the aerodrome occurrence reports are as follows -
(a) to ensure that knowledge of these occurrences is disseminated so that other persons
and organizations may learn from them; and
(b) to enable an assessment to be made by those concerned (whether internal or
external to the aerodrome operator) of the safety implications of each occurrence,
both in itself and in relation to previous similar occurrences, so that they may take
or initiate any necessary action.

2. Reportable occurrences and reporting procedures


(1) An operator shall notify the Authority of any accident, serious incident, fatal or
serious injury occurring at the aerodrome as soon as practicable after the occurrence
and provide a detailed occurrence report thereafter.
(2) For the purpose of this Schedule -
(a) “accident” means an occurrence associated with the operation of an aircraft, which
takes place between the time any person boards the aircraft with the intention of flight
until such time as all such persons have disembarked, in which;
(i) a person is fatally or seriously injured as a result of-
(aa)being in the aircraft, or
Kenya Subsidiary Legislation, 2013 1115

(bb) direct contact with any part of the aircraft, including parts which have become
detached from the aircraft, or
(cc) direct exposure to jet blast, except when the injury are from natural causes, self-
inflicted, or inflicted by other persons, or when the injuries are to stowaways hiding
outside the areas normally available to the passengers and crew or;
(ii) the aircraft sustains damage or structural failure which-
(aa) adversely affects the structural strength, performance or flight characteristics of
the aircraft; and
(bb) would normally require major repair or replacement of the affected component
except for engine failure or damage, when the damage is limited to the engine, its
cowlings or accessories; or for damage limited to propellers, wing tips, antennas,
tires, brakes, fairings, small dents or puncture holes in the aircraft skin; or
(iii) the aircraft is missing or is completely inaccessible.
(b) “serious incident” includes-
(i) a near collision requiring avoidance manoeuvre to avoid a collision or an unsafe
situation or where an avoidance action would have been appropriate;
(ii) a controlled flight into terrain only marginally avoided;
(iii) an aborted take-off on a closed or engaged runway;
(iv) a take-off from a closed or engaged runway with marginal separation from an
obstacle;
(v) a landing or attempted landing on a closed or engaged runway;
(vi) a take-off or landing incident such as undershooting; or overrunning or running
off the side of runways; or
(v)a major failure of any navigation aid when a runway is in use;
(c) “serious injury” means any injury that is sustained by a person in an accident and
that-
(i) requires hospitalisation for more than forty eight hours, commencing within seven
days from the date the injury was received;
(ii) results in a fracture of any bone, except simple fractures of fingers, toes or nose;
(iii) involves lacerations which cause severe haemorrhage, nerve, muscle, or tendon
damage;
(iv) involves any injury to any internal organ;
(v) involves second or third degree burns, or any burns affecting more than 5% of the
body surface; or
(vi) involves verified exposure to infectious substances or injurious radiation.
(3) The operator shall notify the Aircraft Accident and Incident Investigation Department
whenever an accident or serious incident occurs on or adjacent to his aerodrome in
accordance with the provisions of the Civil Aviation (Aircraft Accident and Incident
Investigation) Regulations.
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(4) Information to be provided in the reporting and notification of an accident, serious


incident or serious injury shall as far as possible include the following -
(a) the date and local time of occurrence;
(b) the exact location of the occurrence with reference to some easily defined
geographical point ;
(c) detailed particulars of the parties involved, including the owner, operator,
manufacturer, nationality, registration marks, serial numbers, assigned identities of
aircraft and equipment;
(d) a detailed description of the sequence of events leading up to the incident;
(e) the physical characteristics, environment or circumstances of the area in which the
incident occurred and an indication of the access difficulties or special
requirements to reach the site;
(f) the identification of the person sending the notice and where the incident occurred;
(g) in the case of an aircraft accident, the number of crew members, passengers or
other persons respectively killed or seriously injured as a result of the accident; and
(h) a description of the follow-up action being taken after the incident has occurred.

3. Aerodrome occurrence records


(1) An operator shall establish and maintain aerodrome occurrence reports for any
accident, serious incident, serious injury or any occurrence or event that has a bearing
on the safety of aerodrome operations.
(2) An operator shall use aerodrome occurrence reports to monitor and improve the level
of operational safety, including reviews of safety standards required.
(3) The Authority may require the operator to produce and provide information contained
in the aerodrome occurrence report relating to any safety occurrence or event.

4. Aircraft accident and incident investigation


(1) In the event of an accident or serious incident, an operator shall carry out its own
investigations.
(2) The investigations carried out by the aerodrome operator shall be additional to that
carried out by the Aircraft Accident and Incident Investigation Department to enable
the operator to assess safety of aircraft operations at his aerodrome.
(3) The investigator, or team of investigators, shall be technically competent and shall
either possess or have access to the background information, so that the facts and
events are interpreted accurately. The investigations shall be a search to establish how
the mishap happened, why it occurred, including organizational contributing factors,
and to recommend action to prevent a recurrence, and shall not be intended to
apportion blame.
(4) The lesson learnt derived from an aerodrome incident or accident investigation shall
be disseminated to personnel to provide feedback for safety improvement.
Kenya Subsidiary Legislation, 2013 1117

(5) The Authority may require the operator to produce and provide information
contained in the aerodrome accident or incident investigation report relating to any
such event.
(6) An operator shall inspect his aerodrome, as circumstances require, to ensure safety as
soon as practicable after any aircraft accident or incident.

_________________
SECOND SCHEDULE
____________
Regulation 60(2)
_________
PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR
AERODROMES IN CATEGORY A

PART I:GENERAL
General information, including the following -
(a) purpose and scope of the aerodrome manual;
(b) the legal requirement for an certificate and an aerodrome manual as prescribed in
the national regulations;
(c) conditions for use of the aerodrome - a statement to indicate that the aerodrome
shall at all times, when it is available for the take-off and landing of aircraft, be so
available to all persons on equal terms and conditions;
(d) the available aeronautical information system and procedures for its promulgation;
(e) the system for recording aircraft movements; and
(f) obligations of the operator.

PART 2: PARTICULARS OF THE AERODROME SITE


General information, including the following -
(a) a plan of the aerodrome showing the main aerodrome facilities for the operation of
the aerodrome including, particularly, the location of each wind direction indicator;
(b) a plan of the aerodrome showing the aerodrome boundaries;
(c) a plan showing the distance of the aerodrome from the nearest city, town or other
populous area, and the location of any aerodrome facilities and equipment outside
the boundaries of the aerodrome; and
(d) particulars of the land title of the aerodrome site. If the boundaries of the
aerodrome are not defined in the land title documents particulars of the land title to,
or interest in, the property on which the aerodrome is located and a plan showing
the boundaries and position of the aerodrome.
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PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED


TO THE AERONAUTICAL INFORMATION SERVICE
1. General Information
(a) the name of the aerodrome;
(b) the location of the aerodrome;
(c) the geographical coordinates of the aerodrome reference point determined in terms
of the World Geodetic System - 1984 reference datum;
(d) the aerodrome elevation and geoid undulation;
(e) the elevation of each threshold and geoid undulation, the elevation of each runway
end and any significant high and low points along the runway, and the highest
elevation of the touchdown zone of a precision approach runway;
(f) the aerodrome reference temperature;
(g) details of the aerodrome beacon; and
(h) the name of the operator and the address, telephone and facsimile numbers at which
the operator may be contacted at all times.

2. Aerodrome dimensions and related information


General information, including the following -
(a) runway - true bearing, designation number, length, width, displaced threshold
location, slope, surface type, type of runway and, for a precision approach runway,
the existence of an obstacle free zone;
(b) length, width and surface type of strip, runway end safety areas, stopways;
(c) length, width and surface type of taxiways;
(d) apron surface type and aircraft stands;
(e) clearway length and ground profile;
(f) visual aids for approach procedures, viz. Approach lighting type and visual
approach slope indicator system (PAPI/APAPI and T-VASIS/AT-VASIS); marking
and lighting of runways, taxiways, and aprons; other visual guidance and control
aids on taxiways (including runway holding positions, intermediate holding
positions and stop bars) and aprons, location and type of visual docking guidance
system; availability of standby power for lighting;
(g) the location and radio frequency of VOR aerodrome checkpoints;
(h) the location and designation of standard taxi routes;
(i) the geographical coordinates of each threshold;
(j) the geographical coordinates of appropriate taxiway centre line points;
(k) the geographical coordinates of each aircraft stand;
(l) the geographical coordinates and the top elevation of significant obstacles in the
Kenya Subsidiary Legislation, 2013 1119

approach and take-off area, in the circling area and in the vicinity of the
aerodrome. (This information may best be shown in the form of charts such as
those required for the preparation of aeronautical information publications, as
specified in Annexes 4 and 15 to the Convention);
(m) pavement surface type and bearing strength using the Aircraft Classification
Number - Pavement Classification Number method;
(n) one or more pre-flight altimeter check locations established on an apron and their
elevation;
(o) declared distances: take-off run available, take-off distances available, accelerate-
stop distance available, landing distance available;
(p) disabled aircraft removal plan: the telephone/telex/ facsimile number and e-mail
address of the aerodrome coordinator for the removal of a disabled aircraft on or
adjacent to the movement area, information on the capability to remove a disabled
aircraft, expressed in terms of the largest type of aircraft which the aerodrome is
equipped to remove; and
(q) rescue and fire-fighting; the level of protection provided, expressed in terms of the
category of the rescue and fire-fighting services, which should be in accordance
with the longest aircraft normally using the aerodrome and the type and amounts of
extinguishing agents normally available at the aerodrome.
Note.- the accuracy of the information in Part 3 is critical to aircraft safety.
Information requiring engineering survey and assessment should be gathered or
verified by qualified technical persons.

PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES


AND SAFETY MEASURES
1.Aerodrome reporting
Particulars of the procedures for reporting any changes to the aerodrome information
set out in the Aeronautical Information Publication and Aeronautical Information
Circular and procedures for requesting the issue of NOTAMs, including the following
-
(a) arrangements for reporting any changes to the Authority and recording the
reporting of changes during and outside the normal hours of aerodrome operations;
(b) the names and roles of persons responsible for notifying the changes, and their
telephone numbers during and outside the normal hours of aerodrome operations;
and
(c) the address and telephone and facsimile numbers, as provided by the Authority, of
the place where changes are to be reported to the Authority.

2. Access to the aerodrome movement area


Particulars of the procedures that have been developed and are to be followed in
coordination with the agency responsible for preventing unlawful interference in civil
aviation at the aerodrome and for preventing unauthorized entry of persons, vehicles,
equipment, animals or other things into the movement area, including the following -
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(a)the role of the operator, the aircraft operator, aerodrome fixed-base operator, the
aerodrome security entity, the Authority and other government departments, as
applicable; and
(b)the personnel responsible for controlling access to the aerodrome, and the
telephone numbers for contacting them during and after working hours.

3. Aerodrome emergency plan


Particulars of the aerodrome emergency plan, including the following -
(a) plans for dealing with emergencies occurring at the aerodrome or in its vicinity,
including the malfunction of aircraft in flight; structural fires; sabotage, including
bomb threats (aircraft or structure); unlawful seizure of aircraft; and incidents on
the aerodrome covering “during the emergency” and “after the emergency”
considerations;
(b) details of test and aerodrome facilities and equipment to be used in emergencies,
including the frequency of those tests;
(c) details of exercises to test emergency plans, including the frequency of those
exercises;
(d) a list of organizations, agencies and persons of authority, both on-and/off-
aerodrome, for site roles; their telephone and facsimile numbers, e-mail addresses
and the radio frequencies of their offices;
(e) the establishment of an aerodrome emergency committee to organize training and
other preparations for dealing with emergencies; and
(f) the appointment of an on-scene commander for the overall emergency operation.
4. Rescue and fire-fighting
Particulars of the facilities, equipment, personnel and procedures for meeting the
rescue and fire-fighting requirements, including the names and roles of the persons
responsible for dealing with the rescue and fire-fighting services at the aerodrome.
5.Inspection of the aerodrome movement area and obstacle limitation surface by the
operator
Particulars of the procedures for the inspection of the aerodrome movement area and
obstacle limitation surfaces, including the following -
(a) arrangements for carrying out inspections, including runway friction and water-
depth measurements on runways and taxiways, during and outside the normal hours
of aerodrome operations;
(b) arrangements and means of communicating with air traffic control during an
inspection;
(c) arrangements for keeping an inspection logbook, and the location of the logbook;
(d) details of inspection intervals and times;
(e) inspection checklist;
(f) arrangements for reporting the results of inspections and for taking prompt follow-
up actions to ensure correction of unsafe conditions; and
Kenya Subsidiary Legislation, 2013 1121

(g) the names and roles of persons responsible for carrying out inspections, and their
telephone numbers during and after working hours.
6. Visual aids and aerodrome electrical systems
Particulars of the procedures for the inspection and maintenance of aeronautical lights
(including obstacle lighting), signs, markers and aerodrome electrical systems,
including the following -
(a) arrangements for carrying out inspections during and outside the normal hours of
aerodrome operation, and the checklist for such inspections;
(b) arrangements for recording the result of inspections and for taking follow-up action
to correct deficiencies;
(c) arrangements for carrying out routine maintenance and emergency maintenance;
(d) arrangements for secondary power supplies and, if applicable, the particulars of any
other method of dealing with partial or total system failure; and
(e) personnel responsible for the inspection and maintenance of the lighting, and the
telephone numbers for contacting those persons during and after working hours.

7. Maintenance of the movement area


Particulars of the facilities and procedures for the maintenance of the movement area,
including arrangements for -
(a) maintaining the paved areas;
(b) maintaining the unpaved runways and taxiways;
(c) maintaining the runway and taxiway strips; and
(d) the maintenance of aerodrome drainage.
8. Aerodrome works - safety
Particulars of the procedures for planning and carrying out construction and
maintenance work safely (including work that may have to be carried out at short
notice) on or in the vicinity of the movement area which may extend above an obstacle
limitation surface, including the following -
(a) arrangements for communicating with air traffic control during the progress of such
work;
(b) the names, telephone numbers and roles of the persons and organizations
responsible for planning and carrying out the work, and arrangements for
contacting those persons and organizations at all times;
(c) the names and telephone numbers, during and after working hours, of the
aerodrome fixed-base operators, ground handling agents and aircraft operators who
are to be notified of the work;
(d) a distribution list for work plans, if required.
9. Apron management
Particulars of the apron management procedures, including the following -
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1122 Kenya Subsidiary Legislation, 2013

(a) arrangements between air traffic control and the apron management unit;
(b) arrangements for allocating aircraft parking positions;
(c) arrangements for initiating engine start and ensuring clearance of aircraft push-
back;
(d) marshalling service; and
(e) leader (van) service.
10.Apron safety management
Procedures to ensure apron safety, including -
(a) protection from jet blasts;
(b) enforcement of safety precautions during aircraft refuelling operations;
(c) apron sweeping;
(d) apron cleaning;
(e) arrangements for reporting incidents and accidents on an apron; and
(f) arrangements for auditing the safety compliance of all personnel working on the
apron.
11. Airside vehicle control
Particulars of the procedure for the control of surface vehicles operating on or in the
vicinity of the movement area, including the following -
(a) details of the applicable traffic rules (including speed limits and the means of
enforcing the rules);
(b) the method of issuing driving permits for operating vehicles in the movement area.

12.Birds and wildlife hazard management


Particulars of the procedures to deal with the danger posed to aircraft operations by the
presence of birds or mammals in the aerodrome flight pattern or movement area,
including the following-
(a) arrangements for assessing birds and wildlife hazards;
(b) arrangements for implementing birds and wildlife control programmes; and
(c) the names and roles of the persons responsible for dealing with birds and wildlife
hazards, and their telephone numbers during and after working hours.
13.Obstacle control
Particulars setting out the procedures for -
(a) monitoring the obstacle limitation surfaces and type A chart for obstacles in the
take-off surface;
(b) controlling obstacles within the authority of the operator;
(c) monitoring the height of buildings or structures within the boundaries of the
obstacle limitation surfaces;
Kenya Subsidiary Legislation, 2013 1123

(d) controlling new developments in the vicinity of aerodromes; and


(e) notifying the Authority of the nature and location of obstacles and subsequent
addition of removal of obstacles for action as necessary, including amendment of
the Aeronautical Information Services publications.
14.Removal of disabled aircraft
Particulars of the procedures for removing a disabled aircraft on or adjacent to the
movement area, including the following -
(a) the roles of the operator and the holder of the aircraft operator certificate.
(b) arrangements for notifying the aircraft operator.
(c) arrangements for liaising with the air traffic control unit;
(d) arrangements for obtaining equipment and personnel to remove the disabled
aircraft; and
(e) role and telephone numbers of personnel responsible for arranging for the action as
necessary, including amendment of the AIS publications.
15.Handling of hazardous materials
(1)Particulars of the procedures for the safe handling and storage of hazardous materials
on the aerodrome, including the following -
(a) arrangements for special areas of the aerodrome to be set up for the storage of
inflammable liquids (including aviation fuels) and any other hazardous materials;
and
(b) the method to be followed for the delivery storage, dispensing and handling of
hazardous materials.
(2) For the purposes of this paragraph “hazardous materials” include inflammable liquids
and solids, corrosive liquids, compressed gases and magnetized or radioactive
materials.

16.Low visibility operations


Particulars of procedures to be introduced for low-visibility operations, including the
measurement and reporting of runway visual range as and when required, and the
personnel, their telephone numbers, responsible for measuring the Runway Visual
Range.

17.Protection of sites for radar and navigational aids


Particulars of the procedures for the protection of sites for radar and radio navigational
aids located on the aerodrome to ensure that their performance will not be degraded,
including the following-
(a) arrangements for the control of activities in the vicinity of radar and navigational
aids installations;
(b) arrangements for ground maintenance in the vicinity of these installations; and
(c) arrangements for the supply and installation of signs warning of hazardous
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1124 Kenya Subsidiary Legislation, 2013

microwave radiation.
Note 1. In writing the procedures for each category, clear and precise information
should be included on -
(i) when, or in what circumstances, an operating procedure is to be activated;
(ii) how an operating procedure is to be activated;
(iii) actions to be taken;
(iv) the equipment necessary for carrying out the actions, and access to such
equipment.
Note 2. if any of the procedures specified above are not relevant or applicable, reasons
should be given.
PART 5: AERODROME ADMINISTRATION AND SAFETY MANAGEMENT
SYSTEM
1. Aerodrome administration
Particulars of the aerodrome administration, including the following -
(a)an aerodrome organizational chart showing the names and positions of key
personnel, including their responsibilities;
(b)the name, position and telephone number of the person who has overall
responsibility for aerodrome safety; and
(c)airport committees.
2. Safety Management System
Particulars of the safety management system established for ensuring compliance with
all safety requirements and achieving continuous improvement in safety performance,
the essential features being -
(a) the safety policy, in so far as applicable, on the safety management process and its
relation to the operational and maintenance process;
(b) the structure or organization of the Safety Management System, including staffing
and the assignment of individual and group responsibilities for safety issues;
(c) Safety Management System strategy and planning, such as setting safety
performance target, allocating priorities for implementing safety initiative and
providing a framework for controlling the risks to as low a level as is reasonably
practicable keeping always in view the requirements of the prescribed standards
and recommended practice, and regulations;
(d) Safety Management System implementation, including facilities, methods and
procedures for the effective communication of safety messages and the
enforcement of safety requirements;
(e) a system for the implementation of, and action on, critical safety areas which
require a higher level of safety management integrity (safety measures
programme);
(f) measures for safety promotion and accident prevention and a system for risk
control involving analysis and handling of accidents, incidents, complaints, defects,
faults, discrepancies and failures, and continuing safety monitoring.
Kenya Subsidiary Legislation, 2013 1125

(g) the internal safety audit and review system detailing the systems and programmes
for quality control of safety;
(h) the system for documenting all safety-related aerodrome facilities as well as airport
operational and maintenance records, including information on the design and
construction of aircraft payments and aerodrome lighting. The system should
enable easy retrieval of records including charts;
(i) personnel training and competency, including the review and evaluation of the
adequacy of training provided to personnel on safety-related duties and of the
certification system for testing their competency; and
(j) the incorporation and enforcement of safety-related clauses in the contract for
construction work at the aerodrome.

_________________
THIRD SCHEDULE
____________
Regulation 60(2)
_________

PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR


AERODROMES IN CATEGORIES B AND C .

PART I: GENERAL

General information, including the following -


(a) purpose and scope of the aerodrome manual;
(b) the legal requirement for an aerodrome licence and an aerodrome Handbook as
prescribed in the national regulations;
(c) conditions for use of the aerodrome - a statement to indicate that the aerodrome
shall at all times, when it is available for the take-off and landing of aircraft, be so
available to all persons on equal terms and conditions;
(d) the available aeronautical information system and procedures for its promulgation;
(e) the system for recording aircraft movements; and
(f) obligations of the aerodrome operator.

PART 2: PARTICULARS OF THE AERODROME SITE


General information, including the following -
(a) a plan of the aerodrome showing the main aerodrome facilities for the operation of
the aerodrome including, particularly, the location of each wind direction indicator;
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1126 Kenya Subsidiary Legislation, 2013

(b) a plan of the aerodrome showing the aerodrome boundaries;


(c) a plan showing the distance of the aerodrome from the nearest city, town or other
populous area, and the location of any aerodrome facilities and equipment outside
the boundaries of the aerodrome; and

PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED


TO THE AERONAUTICAL INFORMATION SERVICE (AIS)
1. General Information
(a) the name of the aerodrome;
(b) the location of the aerodrome;
(c) the geographical coordinates of the aerodrome reference point determined in terms
of the World Geodetic System - 1984 (WGS-84) reference datum;
(d) the aerodrome elevation
(e) points along the runway, and the highest elevation of the touchdown zone of a
precision approach runway;
(f) the aerodrome reference temperature;
(h) the name of the aerodrome operator and the address, telephone and facsimile
numbers at which the aerodrome operator may be contacted at all times.
2. Aerodrome dimensions and related information
General information, including the following -
(a) runway - true bearing, designation number, length, width, displaced threshold
location, slope, surface type, type of runway and, for a precision approach runway,
the existence of an obstacle free zone;
(b) Length, width and surface type of strip,
(c) apron surface type and aircraft stands;
(d) one or more pre-flight altimeter check locations established on an apron and their
elevation;
(e) rescue and fire-fighting plan;
Note.- the accuracy of the information in this Part is critical to aircraft safety.
Information requiring engineering survey and assessment should be gathered or
verified by qualified technical persons.

PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES


AND SAFETY MEASURES
1.Aerodrome reporting
Particulars of the procedures for reporting any changes to the aerodrome information
set out in the AIP and AIC and procedures for requesting the issue of NOTAMs,
including the following -
Kenya Subsidiary Legislation, 2013 1127

(a) arrangements for reporting any changes to the Authority and recording the
reporting of changes during and outside the normal hours of aerodrome operations;
(b) the names and roles of persons responsible for notifying the changes, and their
telephone numbers during and outside the normal hours of aerodrome operations;
and
(c) the address and telephone and facsimile numbers, as provided by the Authority, of
the place where changes are to be reported to the Authority.
2.Access to the aerodrome movement area
Particulars of the procedures that have been developed and are to be followed in
coordination with the agency responsible for preventing unlawful interference in civil
aviation at the aerodrome and for preventing unauthorized entry of persons, vehicles,
equipment, animals or other things into the movement area, including the following -
(a) the role of the aerodrome operator, the aircraft operator, aerodrome fixed-base
operator, the aerodrome security entity, the Authority and other government
departments, as applicable; and
(b)the personnel responsible for controlling access to the aerodrome, and the
telephone numbers for contacting them during and after working hours.
(c)inspection checklist;
(d) arrangements for reporting the results of inspections and for taking prompt follow-
up actions to ensure correction of unsafe conditions; and
(e)the names and roles of persons responsible for carrying out inspections, and their
telephone numbers during and after working hours.
4.Maintenance of the movement area
Particulars of the facilities and procedures for the maintenance of the movement area,
including -
(a) Arrangements for maintaining the unpaved runways and taxiways;
(b) arrangements for maintaining the runway and taxiway strips; and
(c) arrangements for the maintenance of aerodrome drainage.
5.Aerodrome works – safety
Particulars of the procedures for planning and carrying out construction and
maintenance work safely (including work that may have to be carried out at short
notice) on or in the vicinity of the movement area which may extend above an obstacle
limitation surface, including the following -
(a) the names, telephone numbers and roles of the persons and organizations
responsible for planning and carrying out the work, and arrangements for
contacting those persons and organizations at all times;
(b) a distribution list for work plans, if required.
6. Birds and Wildlife Hazard Management
Particulars of the procedures to deal with the danger posed to aircraft operations by the
presence of birds or mammals in the aerodrome flight pattern or movement area,
including the following-
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1128 Kenya Subsidiary Legislation, 2013

(a) arrangements for assessing birds and wildlife hazards;


(b) arrangements for implementing birds and wildlife control programmes; and
(c) the names and roles of the persons responsible for dealing with birds and wildlife
hazards, and their telephone numbers during and after working hours.
7.Obstacle Control
Particulars setting out the procedures for -
(a) monitoring the obstacle limitation surfaces and Type A Chart for obstacles in the
take-off surface;
(b) controlling obstacles within the authority of the operator;
(c) monitoring the height of buildings or structures within the boundaries of the
obstacle limitation surfaces;
(d) controlling new developments in the vicinity of aerodromes; and
(e)notifying the Authority of the nature and location of obstacles and subsequent
addition of removal of obstacles for action as necessary, including amendment of
the AIS publications.
8.Handling of Hazardous Materials
(1) Particulars of the procedures for the safe handling and storage of hazardous materials
on the aerodrome, including the following –
(a) arrangements for special areas of the aerodrome to be set up for the storage of
inflammable liquids (including aviation fuels) and any other hazardous materials;
and
(b) the method to be followed for the delivery storage, dispensing and handling of
hazardous materials.
(2)For the purposes of subparagraph (1) “hazardous materials” include inflammable
liquids and solids, corrosive liquids, compressed gases and magnetized or radioactive
materials.
9. Protection of Sites for Radar and Navigational Aids
Particulars of the procedures for the protection of sites for radar and radio navigational
aids located on the aerodrome to ensure that their performance will not be degraded,
including the following
(a) arrangements for the control of activities in the vicinity of radar and navigational
aids installations;
(b) arrangements for ground maintenance in the vicinity of these installations; and
(c) arrangements for the supply and installation of signs warning of hazardous
microwave radiation.
Note 1. In writing the procedures for each category, clear and precise information
should be included on -
when, or in what circumstances, an operating procedure is to be activated;
how an operating procedure is to be activated;
Kenya Subsidiary Legislation, 2013 1129

actions to be taken;
the equipment necessary for carrying out the actions, and access to such equipment.
Note 2. if any of the procedures specified above are not relevant or applicable, the
reason should be given.

___________________
FOURTH SCHEDULE
____________
Regulation 60(2)
_________

PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR


AERODROMES IN CATEGORY D

PART I: GENERAL
General information, including the following -
(a) purpose and scope of the aerodrome manual;
(b) the legal requirement for an aerodrome licence and an aerodrome Handbook as
prescribed in the national regulations;
(c) conditions for use of the aerodrome - a statement to indicate that the aerodrome
shall at all times, when it is available for the take-off and landing of aircraft, be so
available to all persons on equal terms and conditions;
(d) the available aeronautical information system and procedures for its promulgation;
(e) the system for recording aircraft movements; and
(f) obligations of the aerodrome operator.
PART 2: PARTICULARS OF THE AERODROME SITE
General information, including the following -
(a) a plan of the aerodrome showing the main aerodrome facilities for the operation of
the aerodrome including, particularly, the location of each wind direction indicator;
(b) a plan of the aerodrome showing the aerodrome boundaries;
(c) a plan showing the distance of the aerodrome from the nearest city, town or other
populous area, and the location of any aerodrome facilities and equipment outside
the boundaries of the aerodrome; and
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1130 Kenya Subsidiary Legislation, 2013

PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED


TO THE AERONAUTICAL INFORMATION SERVICE (AIS)
1. General Information
(a) the name of the aerodrome;
(b) the location of the aerodrome;
(c) the geographical coordinates of the aerodrome reference point determined in terms
of the World Geodetic System - 1984 (WGS-84) reference datum;
(d) the heliport elevation of the touch down and lift off area (TLOF) and or the
elevation and geoid undulation of each threshold of the final approach and take off
area (FATO);
(e) FATO type, true bearing, designation number, length, width, slope, surface type;
(f) safety area: length, width and surface type;
(g) apron: surface type, helicopter stands and geographical coordinates of specific
points;
(h) declared distances: take off distance available, rejected take off distance availa and
landing distance available;
(i) the aerodrome reference temperature;
(j) the name of the aerodrome operator and the address, telephone and facsimile
numbers at which the aerodrome operator may be contacted at all times.
(k) maximum allowable mass;
(l) visual aids available;
(m) rescue and fire fighting surface and level of protection;
(n) availability of PAPI, APAPI or helicopter approach PAPI indicator;
2. Aerodrome dimensions and related information
General information, including the following -
(a)dimensions of safety areas, apron, clear way, FATO and TLOF, obstacle limitation
surfaces, helideck obstacle-free sector, helideck obstacle limitation sector and
approach surface;
(b)helicopter ground taxiway, air taxiway and air transit route;
(c)one or more pre-flight altimeter check locations established on an apron and their
elevation;
Note.- the accuracy of the information in this Part is critical to aircraft safety.
Information requiring engineering survey and assessment should be gathered or
verified by qualified technical persons.
Kenya Subsidiary Legislation, 2013 1131

PART 4: PARTICULARS OF THE AERODROME OPERATING


PROCEDURES AND SAFETY MEASURES
1. Aerodrome reporting
Particulars of the procedures for reporting any changes to the aerodrome information
set out in the AIP and AIC and procedures for requesting the issue of NOTAMs,
including the following -
(a) arrangements for reporting any changes to the Authority and recording the
reporting of changes during and outside the normal hours of aerodrome operations;
(b) the names and roles of persons responsible for notifying the changes, and their
telephone numbers during and outside the normal hours of aerodrome operations;
and
(c) the address and telephone and facsimile numbers, as provided by the Authority, of
the place where changes are to be reported to the Authority.
2.Access to the aerodrome movement area
Particulars of the procedures that have been developed and are to be followed in
coordination with the agency responsible for preventing unlawful interference in civil
aviation at the aerodrome and for preventing unauthorized entry of persons, vehicles,
equipment, animals or other things into the movement area, including the following -
(a)the role of the aerodrome operator, the aircraft operator, aerodrome fixed-base
operator, the aerodrome security entity, the Authority and other government
departments, as applicable;
(b)the personnel responsible for controlling access to the aerodrome, and the telephone
numbers for contacting them during and after working hours;
(c)inspection checklist;
(d) arrangements for reporting the results of inspections and for taking prompt follow-
up actions to ensure correction of unsafe conditions; and
(e)the names and roles of persons responsible for carrying out inspections, and their
telephone numbers during and after working hours.
4.Maintenance of the movement area
Particulars of the facilities and procedures for the maintenance of the movement area,
including -
(a) arrangements for maintaining the unpaved areas and taxiways;
(b) arrangements for maintaining the FATO and TLOF; and
(c) arrangements for the maintenance of aerodrome drainage.
5.Aerodrome works – safety
Particulars of the procedures for planning and carrying out construction and
maintenance work safely (including work that may have to be carried out at short
notice) on or in the vicinity of the movement area which may extend above an obstacle
limitation surface, including the following -
(a) the names, telephone numbers and roles of the persons and organizations
responsible for planning and carrying out the work, and arrangements for
1132
1132 Kenya Subsidiary Legislation, 2013

contacting those persons and organizations at all times;


(b) a distribution list for work plans, if required.

5. Obstacle Control
Particulars setting out the procedures for -
(a) monitoring the obstacle limitation surfaces;
(b) controlling obstacles within the authority of the operator;
(c) monitoring the height of buildings or structures within the
boundaries of the obstacle limitation surfaces;
(d) controlling new developments in the vicinity of aerodromes; and
(f) notifying the Authority of the nature and location of obstacles and subsequent
addition of removal of obstacles for action as necessary, including amendment of
the AIS publications.
7. Protection of Sites for Radar and Navigational Aids
Particulars of the procedures for the protection of sites for radar and radio navigational
aids located on the aerodrome to ensure that their performance will not be degraded,
including the following
(a) arrangements for the control of activities in the vicinity of radar and navigational
aids installations;
(b) arrangements for ground maintenance in the vicinity of these installations; and
(c) arrangements for the supply and installation of signs warning of hazardous
microwave radiation.

Note 1. In writing the procedures for each category, clear and precise information
should be included on -
- when, or in what circumstances, an operating procedure is to be activated;
- how an operating procedure is to be activated;
- actions to be taken;
- the equipment necessary for carrying out the actions, and access to such equipment.

Note 2. if any of the procedures specified above are not relevant or applicable, the
reason should be given.
Kenya Subsidiary Legislation, 2013 1133

______________
FIFTH SCHEDULE
____________
Regulation 122(1)
_________

AERODROME DATA
1. Aerodrome geographical coordinates
Geographical coordinates indicating latitude and longitude for ground positions at
aerodromes shall be determined and reported in World Geodetic System – 1984
geodetic reference datum.
2. Aerodrome reference point
(1) An aerodrome reference point shall be established for an aerodrome.
(2) The aerodrome reference point shall be located near the initial or planned geometric
centre of the aerodrome and shall normally remain where first established.
(3) The position of the aerodrome reference point shall be measured and reported in
degrees, minutes and seconds.
3. Aerodrome and runway elevations
The aerodrome elevation and geoid undulation at the aerodrome shall be measured and
reported in accordance with specifications prescribed in the Manual of Aerodrome
Standards.
4. Aerodrome reference temperature
1) An aerodrome reference temperature shall be determined for an aerodrome in degrees
Celsius.
(2) The aerodrome reference temperature should be the monthly mean of the daily
maximum temperatures for the hottest month of the year (the hottest month being, that
which has the highest monthly mean temperature). This temperature should be
averaged over a period of years.
5. Aerodrome dimensions and related information
(1) The following data shall be measured or described, as appropriate, for each facility
provided on an aerodrome -
(a) runway – true bearing to one-hundredth of a degree, designation number, length,
width, displaced threshold location to the nearest metre, slope, surface type, type of
runway and, for a precision approach runway category I, the existence of an
obstacle free zone when provided;
(b) strip, runway end safety area, stopway – length, width to the nearest metre, surface
type;
(c) taxiway – designation, width, surface type;
(d) apron – surface type, aircraft stands;
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1134 Kenya Subsidiary Legislation, 2013

(e) the boundaries of the air traffic control service;


(f) clearway – length to the nearest metre, ground profile;
(g) visual aids for approach procedures, marking and lighting of runways, taxiways
and aprons, other visual guidance and control aids on taxiways and aprons,
including runway-holding positions and stop bars, and location and type of visual
docking guidance systems;
(h) location and radio frequency of any VOR aerodrome check-point;
(i) location and designation of standard taxi-routes; and
(j) distances to the nearest metre of localizer and glide path elements comprising an
instrument landing system or azimuth and elevation antenna of microwave landing
system in relation to the associated runway extremities.
(2) The geographical coordinates of each threshold, appropriate taxiway centre line points
and each aircraft stand shall be measured and reported in degrees, minutes, seconds
and hundredths of seconds.
(3) The geographical coordinates of significant obstacles in the approach and take-off
areas, in the circling area and in the vicinity of an aerodrome shall be measured and
reported in degrees, minutes, seconds and tenths of seconds, and in addition, the top
elevation rounded up to the nearest metre, type, marking and lighting (if any) of the
significant obstacles shall be reported.

6. Strength of pavements
The bearing strength of a pavement at an aerodrome shall be determined and reported
using guidelines prescribed by the Authority in the Manual of Aerodrome Standards.

7. Pre-flight altimeter check location


(1) One or more pre-flight altimeter check locations shall be established for the
aerodrome.
(2) A pre-flight check location shall be located on an apron.
Note 1 – Locating a pre-flight altimeter location on an apron enables an
altimeter check to be made prior to obtaining taxi clearance and eliminates the need
for stopping for that purpose after leaving the apron.
Note 2 – Normally an entire apron can serve as a satisfactory altimeter check
location.
(3) The elevation of a pre-flight altimeter check location shall be given as the average
elevation, rounded to the nearest metre, of the area on which it is located. The
elevation of any portion of a pre-flight altimeter check location shall be within 3m of
the average elevation for that location.
8. Declared distances
The following distances shall be calculated to the nearest metre for a runway intended
for use by international commercial air transport -
(a) take-off run available;
Kenya Subsidiary Legislation, 2013 1135

(b) take-off distance available;


(c) accelerate-stop distance available; and
(d) landing distance available.

9. Condition of the movement area and related facilities


(1) An operator shall provide information on the condition of the movement area and the
operational status of related facilities in accordance with the requirements specified in
the Manual of Aerodrome Standards including information of operational significance
to the air traffic service units without delay.
(2) The condition of the movement area and the operational status of related facilities
shall be monitored and reports on matters of operational significance or affecting
aircraft performance given, particularly in respect of the following -
(a) construction or maintenance work;
(b) rough or broken surfaces on a runway, taxiway or an apron;
(c) water on a runway, a taxiway or an apron;
(d) other temporary hazards, including parked aircraft;
(e) failure or irregular operation of part of all of the aerodrome visual aids; and
(f) failure of the normal or secondary power supply.
(3) To facilitate compliance with rules (1) and (2), inspections of the movement area shall
be carried out each day at least once where the aerodrome code number is 1 or 2 and at
least twice where the aerodrome code number is 3 or 4.
(4) The presence of water on a runway including a description of the runway surface
conditions and the water depth, where applicable, shall be reported using the following
terms -
(a) damp – the surface shows a change of colour due to moisture.
(b) wet – the surface is soaked but there is no stagnant water.
(c) water patches – significant patches of standing water are visible.
(d) flooded – extensive standing water is visible.
Note – Guidance on determining and expressing the minimum friction level of a
runway is provided in the Manual of Aerodrome Standards.

10. Disabled aircraft removal


(1) The telephone and fax number(s) of the officer of the aerodrome responsible for the
coordination of operations for the removal of an aircraft disabled on or adjacent to the
movement area shall be made available to aircraft operators.
(2) The operator shall provide information concerning the capability to remove an aircraft
disabled on or adjacent to the movement area.
Note – The capability to remove a disabled aircraft may be expressed in terms of the
largest type of aircraft which the aerodrome is equipped to remove.
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1136 Kenya Subsidiary Legislation, 2013

11. Rescue and fire fighting


(1) Information concerning the level of protection provided for aircraft rescue and fire
fighting purposes shall be made available.
(2) The level of protection normally available at the aerodrome shall be expressed in
terms of the category of the rescue and fire fighting services and in accordance with
the types and amounts of extinguishing agents normally available at the aerodrome.
(3) An operator shall notified to the air traffic services unit and the Aeronautical
Information Services significant changes in the level of protection normally available
at an aerodrome for rescue and fire fighting to enable those units to provide the
necessary information to arriving and departing aircraft and shall advise those units
when such a change has been corrected.
Note – A significant change in the level of protection is considered to be a change in
the category of the rescue and fire fighting service from the category normally
available at the aerodrome, resulting from a change in availability of extinguishing
agents, equipment to deliver the agents or personnel to operate the equipment, etc. A
report of a significant change should include the new category of the rescue and fire
fighting service available at the aerodrome.
12. Visual approach slope indicator systems
An operator shall provide information concerning the status of the visual approach
slope indicator system installed at the aerodrome including -
(a) associated runway designation number;
(b) type of system for an AT-VASIS, PAPI or APAPI installation, the side of the
runway on which the lights are installed, i.e. left or right, shall be given;
(c) where the axis of the system is not parallel to the runway centre line, the angle of
displacement and the direction of displacement, i.e. left or right shall be indicated;
d) nominal approach slope angle(s). (For a T-VASIS or an ATVASIS this shall be
angle θ and for a PAPI and an APAPI this shall be angle (B+C)/2 and (A+B)/2,
respectively); and
e) minimum edge height(s) over the threshold of the on-slope signal(s). For a T-
VASIS or an AT-VASIS this shall be the lowest height at which only the wing
bar(s) are visible; however, the additional heights at which the wing bar(s) plus
one, two or three fly down light units come into view may also be reported if such
information would be of benefit of aircraft using the approach. For a PAPI, this
shall be the setting angle of the third unit from the runway minus 2’, i.e. angle B
minus 2’, and for an APAPI this shall be the setting angle of the unit farther from
the runway minus 2’, i.e. angle A minus 2’.
13. Coordination between the operator and the Aeronautical Information Services
(1) To ensure that the Aeronautical Information Services obtain information to enable
them to provide up-to-date pre-flight information and to meet the need for in-flight
information, the operator shall establish arrangements with the Aeronautical
Information Services to report, with a minimum of delay -
(a) information on aerodrome conditions;
(b) the operational status of associated facilities, services and navigation aids within
their area of responsibility;
Kenya Subsidiary Legislation, 2013 1137

(c) any other information considered to be of operational significance.


(2) Before introducing changes to the air navigation system, due account shall be taken
by the operator of the time needed by the Aeronautical Information Services for the
preparation, production and issue of relevant material for promulgation. To ensure
timely provision of information to the Aeronautical Information Services, close
coordination between those services concerned is therefore required.
(3) Of a particular importance are changes to aeronautical information that affects charts
and/or computer-based navigation systems which qualify to be notified by the
aeronautical information regulation and control system. The pre-determined
internationally agreed aeronautical information regulation and control effective dates
in addition to fourteen days postage time shall be observed by the responsible operator
when submitting the raw information/data to the Aeronautical Information Services.
(4) The operator responsible for the provision of raw aeronautical information/data to the
Aeronautical Information Services shall do that while taking into account specified
accuracy and integrity requirements for aeronautical data.
Made on the 25th March, 2013.
AMOS KIMUNYA,
Minister for Transport.

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER , NAIROBI

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